Palm Bay has two permitting doors for concrete, and the mistake most homeowners — and some contractors — make is walking through the wrong one or neither. The right-of-way door is Public Works; the structure door is the Building Division. Here's how each works and where the swale fits.
The right-of-way: Public Works and Code § 176.020
Palm Bay Code of Ordinances § 176.020 says that no one may construct, remove, alter or repair a curb, culvert, sidewalk, driveway, gutter, pavement or similar improvement within a city road or easement without a permit. In practice that's your driveway apron, the culvert pipe under it, the swale it crosses, and any public sidewalk panel along your frontage. The Public Works Department issues the permit as a Driveway and Lot Drainage permit, applied for through the city's online iMS portal (since March 2023 — you create a user account, upload the application and drawing, and pay by card or e-check). The permit comes with the city's pipe and grade specification for your frontage — the culvert size and the invert elevations — so the swale keeps draining at the rate the block needs. Swale locations are referenced to your property lines, and Chapter 177's stormwater rules apply to the area in front of your lot. Any deviation needs written approval from the City Manager's designee. The permit expires in 90 days unless extended, fees are set by resolution, and a performance bond can be required. Public Works then inspects twice: 7000, Public Works Pre-Pour, after the pipe, ends, forms and steel are in and before the truck comes, and 7010, Public Works Final, after the apron is poured and the swale is regraded and sodded. Questions go to pwdriveway@palmbayfl.gov or (321) 952-3437.
The structure: the Building Division and the Florida Building Code
Anything that's a structure or attached to one goes through the Building Division under the Florida Building Code, 8th Edition (2023): a shed and its slab, a room addition or garage foundation, a screen room or pool cage and the slab with its footings, a pool deck built under a pool permit, a carport. The Building Division's list of projects that need a permit explicitly includes sheds, room additions, in-ground and above-ground pools, carports and fences, and the penalty for working without one can be up to four times the fees. The Building Division is at (321) 953-8924. A plain at-grade patio, walkway or parking pad on your own lot, not attached to anything, is generally not on that list — but setbacks and easements still apply, and if you're in an HOA the association's review does too.
Why the swale is the whole point
Palm Bay's streets have no storm sewers in most of the GDC units. Rain runs off the pavement into the grassy roadside swale, along the swale to a culvert or inlet, and into the Melbourne-Tillman Water Control District's canals, which carry it to Turkey Creek and the Indian River Lagoon. Every driveway on a swale street crosses that swale on a culvert pipe. If a pipe is undersized, crushed, silted or set at the wrong grade, water backs up in the swale — in front of your house and your neighbors' — and finds its way under your apron, which is why aprons sink. The city sizes and grades the pipe for that reason, inspects for that reason, and won't let you fill or pave the swale for that reason. Keeping the pipe ends clear of grass and silt and the swale mowed is the homeowner's ongoing part.
What we do
We file the Driveway and Lot Drainage permit the day you sign, build the pipe, ends and apron to the spec the city furnishes, schedule the 7000 and 7010 inspections, regrade and sod the swale, and put the permit fee on the invoice at cost. For sheds, additions and screen rooms we pour to the engineered drawings on the Building Division permit and coordinate the inspections with your contractor or with you as owner-builder.
Common questions
Do I need a permit to replace my driveway in the same footprint?
For the part on your lot, generally no. For the apron and culvert at the swale — which almost every replacement touches — yes, under § 176.020. We confirm with Public Works for every job and pull it when it applies.
How long does the permit take?
Filing is same-day on the iMS portal; review is usually days to a couple of weeks depending on the queue. The permit is good for 90 days, which is plenty for the work.
Can I fill in the swale so my yard is flat?
No. The swale is the street's drainage, filling it is a code violation, and it can come up at sale. Regrading it to the city profile and re-sodding is allowed and is often the fix for erosion.
What about Melbourne, West Melbourne or the county?
Different offices, same idea. The City of Melbourne's Engineering Department, the City of West Melbourne, and Brevard County Public Works each permit their own rights-of-way. We pull the right one for the address.
Related: Culverts & swale aprons · Concrete driveways · GO Roads guide · Shed, boat & RV pads