Polk County: slab and driveway permits and the Paver Release Form
Polk County's slab, driveway and paver rules, quoted
From the Polk County Building Division FAQ: permits are required for 'concrete slabs adjacent to a principal or accessory structure, intended for support of a structure, elevated slabs, sidewalks and portions of driveways in the right of way or within the minimum setbacks.' 'All slabs shall meet minimum setbacks from property lines and easements, except sidewalk and driveways. Building Code and Land Development Code drainage requirements shall be met.' 'Pavers installed within the required setbacks or adjacent to structures' must meet Building Code and LDC requirements. Structural and decorative retaining walls go to a plans examiner.
The Concrete Driveway Paver Release Form
Form PD BLD 40 (revised May 16, 2019): when concrete pavers are used for a residential driveway or sidewalk in the county right-of-way, the property owner signs a notarized statement accepting 'full responsibility for any required maintenance or repair' and 'paver replacement or reconstruction in the event the County must remove any portion of my driveway/sidewalk for any work to be performed in the right-of-way', indemnifies the county, and records the instrument with the Clerk of Courts; a certified copy is submitted before driveway approval, and the agreement runs with the land to future owners.
Most owners avoid the form by ending the pavers at a soldier course on the lot and pouring the apron in concrete to the county detail, which is also what most HOAs prefer. When pavers do go in the right-of-way we prepare the form, you sign before a notary, and we record it. Paver Driveways.
By project
| Project | Polk County position | What we do |
|---|---|---|
| Driveway, new or replaced | Portions in the right-of-way or within setbacks need a permit; drainage rules apply | File for the right-of-way portion; drainage on the proposal |
| Paver driveway | Same, plus Paver Release Form if pavers reach the right-of-way | Concrete apron or the form |
| Detached patio or pad outside setbacks | Not permitted separately | Flatwork; HB 803 written request where relevant |
| Slab supporting a structure (screen room, shed, workshop) | Permit | Permitted with the structure; pre-manufactured storage buildings are permitted structures |
| Pool deck adjacent to the house / screen footer | Confirm: slab adjacent to a structure | Call the Building Division for the address |
| Retaining wall | Structural: permit; decorative: ask a plans examiner | We build decorative walls to 4 ft; structural walls are referred |
| Repair, resurfacing, sealing | Maintenance | No permit |
Cities with their own building departments
Davenport, Haines City, Winter Haven, Auburndale, Lake Alfred, Dundee, Lake Wales, Polk City, Lake Hamilton, Eagle Lake, Bartow and Lakeland review permits inside their limits; Poinciana's Polk villages, Solterra, Providence, Loughman, Four Corners' Polk side and most 'Davenport' addresses are unincorporated county. We did not verify each city's published flatwork rules; for a city address we call before quoting. Permit & Jurisdiction Finder; county hub: Polk County.
Questions we get about this
Do I need a permit for a driveway in Polk County?
For the portion in the right-of-way or within the setbacks, yes; drainage requirements apply to the whole driveway. Inside a city, the city's department decides.
What is the Paver Release Form?
A notarized, recorded agreement for pavers in the county right-of-way: you accept maintenance and replacement if the county digs, and the obligation runs with the land. A concrete apron avoids it.
Do I need a permit for a patio in Polk County?
A detached slab outside the setbacks that does not support a structure is not permitted separately; a slab supporting a screen room, within a setback, or elevated is.
Which office is closest to Kissimmee?
The Northeast Government Center, 200 Government Center Blvd, Lake Alfred.
Do you build retaining walls in Polk?
Decorative walls to 4 feet; walls for structural support need a permit and a licensed contractor, and we refer them.
Get a written estimate for your project
Tell us the size, the surface you have now and where the lot is. We visit, measure, check access and drainage, and send a written proposal. No pressure calls.
What changed in this update: 2026-09-11 — first published