The Agreement and Consent to Encroach into an Unexcavated Platted Waterway Right-of-Way (UPROW) is a contract between a property owner and the City of Cape Coral that allows named items to be placed in the right-of-way behind the owner's lot. It is one of the Planning Division documents that sit beside a Cape Coral permit, not a replacement for one: the form itself says other required permits still apply. On this page you can fill out the form online on FillingPDF and download or print the completed PDF. The City of Cape Coral Planning and Zoning Division publishes the original at the official source link.
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What is Agreement and Consent to Encroach UPROW – Cape Coral, FL?
The Agreement and Consent to Encroach into an Unexcavated Platted Waterway Right-of-Way is a four-page agreement between the owner of a lot and the City of Cape Coral, a Florida municipal corporation, that lets the owner keep specific items in an unexcavated platted waterway right-of-way (UPROW).
The form identifies the abutting property by lot, block, subdivision, unit/section/addition and plat book and page. It then names the UPROW and lists up to two encroachments (Encroachment 1 and Encroachment 2). The City allows only those items, and they may not interfere with drainage or utility facilities in the UPROW. Buildings, pools and any structure that needs a foundation with a footer are prohibited there.
Exhibit "A" shows the UPROW and Exhibit "B" is the site plan of existing and proposed encroachments. The agreement covers only what Exhibit "B" shows, and any later change is a new request needing a new agreement.
The owner gets a privilege, not a property interest. The owner never acquires rights superior to the City's, the City may enter the UPROW at any time, and the owner takes on maintenance and indemnification duties. The City records the signed agreement in the Public Records of Lee County, Florida, at the owner's expense. The agreement is issued by the City of Cape Coral Planning and Zoning Division and does not replace other permits, including those of the U.S. Army Corps of Engineers.
Who needs to file Agreement and Consent to Encroach UPROW – Cape Coral, FL?
Owners of property that abuts an unexcavated platted waterway right-of-way in Cape Coral use this agreement when they want the City's consent to place items in that right-of-way.
- Individual owners sign on the "Individual(s)" side, each with two witnesses.
- Trusts or entities complete the "Trust or Entity" side with the entity name, the signer's printed name and title, and the date.
- The form treats "Owner(s)" as singular or plural, so co-owners are covered by the same agreement.
The agreement does not allow every use. Buildings, pools or any structure that requires a foundation with a footer are prohibited in the UPROW. The City permits only the items listed as Encroachment 1 and Encroachment 2. The City's own signature block (City Manager, witness, City Clerk attestation and City Attorney's Office approval as to form) is not completed by the owner.
When to file Agreement and Consent to Encroach UPROW – Cape Coral, FL
The agreement is needed when an owner wants to place items in an unexcavated platted waterway right-of-way, because the City's consent covers only the items and the site plan attached to it. The form sets no separate due date.
It takes effect only on the date the City Manager, or the City Manager's designee, signs it; before that it has no force or effect. It lasts only while the encroachments remain in their present form. Removal, demolition, destruction or replacement ends the owner's rights, and a revision is treated as a new request needing a new agreement.
The City may cancel the agreement on 60 days' written notice from the City Manager or designee. The owner then has 90 days to remove all items from the UPROW at the owner's expense. If the City uses part of the occupied UPROW, the owner must reapply and sign a new agreement at the owner's expense.
Documents you need
- Exhibit "A": the exhibit attached to the agreement showing the unexcavated platted waterway right-of-way (UPROW) it refers to.
- Exhibit "B": the site plan showing any existing and proposed encroachment(s) into the UPROW; it becomes part of the agreement.
- Personal identification for the notary: the acknowledgment states that each signer is personally known to the notary or has produced identification, which is entered on the form.
- Two witnesses for the owner's signature, each with a printed name, when signing as an individual.
How to fill out Agreement and Consent to Encroach UPROW – Cape Coral, FL
Enter the owner and mailing address
In the opening paragraph, write the Owner(s) name and the owner's mailing address. The City's address, P.O. Box 150027, Cape Coral, Florida 33915-0027, is already printed.
Give the legal description
Enter the Lot(s), Block, Subdivision, Unit/Section/Addition etc., and the Plat Book and Page(s) of the property that abuts the UPROW.
Identify the UPROW
In item 1, write the UPROW the agreement concerns. It must match the right-of-way shown on Exhibit "A".
List the encroachments
In item 2, enter the items to be placed in the UPROW on the Encroachment 1 and Encroachment 2 lines. Do not list buildings, pools or structures needing a foundation with a footer.
Prepare Exhibits A and B
Attach Exhibit "A" showing the UPROW and Exhibit "B", the site plan of existing and proposed encroachments, as items 1 and 3 require.
Sign the owner block with witnesses
Individuals sign under "Individual(s)" with Witness No. 1 and Witness No. 2, printed names, and dates. A trust or entity completes the entity name, signer's printed name, title and date.
Complete the notary acknowledgment
Enter the state and county, the day, month and year, the signer's name, and the personal identification produced if the signer is not personally known. The notary adds the commission expiration date, signature and printed name.
Leave the City block to the City
The City of Cape Coral block, with the City Manager, witness, City Clerk attestation and City Attorney's Office approval as to form, is completed by the City.
Review and download the completed PDF
Check every blank and the exhibits, then download or print the completed PDF from FillingPDF and submit it through the channels described under How to submit.
How to submit Agreement and Consent to Encroach UPROW – Cape Coral, FL
The agreement itself names no filing channel, so confirm the route with the Planning Division. Its Applications and Documents page gives these details:
- Online: applicants are encouraged to submit through the CSS online portal.
- Email: for help with an application, contact [email protected]. Once received, an application is reviewed for completeness and invoiced.
- Payment warning: the City says it will never request payment by electronic funds transfer, wire transfer or third-party payment apps such as Venmo, Cash App, PayPal or Zelle.
The signed agreement must include Exhibits "A" and "B". After the City Manager or designee executes it, the City records it in the Public Records of Lee County, Florida, at the owner's expense. Ask the Planning Division what amount applies. FillingPDF lets you fill out and download the PDF; submission follows the City's channels above.
Common mistakes to avoid
- Listing items that need a foundation with a footer, or a building or pool; the agreement prohibits them in the UPROW.
- Leaving out Exhibit "B", the site plan; the agreement covers only the encroachments shown on it.
- Assuming the agreement takes effect when the owner signs; it has no force until the City Manager or designee executes it.
- Treating the agreement as a substitute for other permits; it does not remove the need for City of Cape Coral or U.S. Army Corps of Engineers permits.
- Replacing or rebuilding an encroachment without a new agreement; replacement ends the owner's rights under it.
- Skipping the witness lines or the notary acknowledgment on the owner's signature page.
- Completing both the "Individual(s)" and the "Trust or Entity" signature blocks instead of the one that fits.
- Neglecting mowing, erosion control or seawall upkeep in the UPROW; failure to maintain is a default and grounds for City removal at the owner's expense.
Frequently asked questions
What is the Agreement and Consent to Encroach UPROW?
It is a City of Cape Coral agreement that allows an abutting owner to place named items in an unexcavated platted waterway right-of-way (UPROW). The City allows only the listed items, shown on the Exhibit "B" site plan. The owner gains no property interest.
Does this agreement replace a Cape Coral permit?
No. Item 12 says approval to encroach does not remove the requirement to obtain all other permits required by applicable governmental agencies, including the City of Cape Coral and the U.S. Army Corps of Engineers.
Can I build a pool or a structure in the UPROW?
No. The owner is prohibited from installing any buildings, pools or any structure that requires a foundation with a footer in the UPROW. The listed encroachments also cannot interfere with drainage or utility facilities.
What happens if the City needs the UPROW?
The City Manager or designee gives 60 days' written notice that the agreement is canceled. The owner then has 90 days to remove all items at the owner's sole expense. Notice mailed to the owner of record at the Lee County Property Appraiser address is prima facie evidence of notice.
When does the agreement take effect?
On the date the City Manager, or the City Manager's designee, executes it. Until then it has no force or effect. It is then recorded by the City in the Public Records of Lee County, Florida, at the owner's expense.
What if I change or replace the encroachment later?
A future revision is treated as a new request and needs a new agreement. If the encroachment is removed, demolished, destroyed or replaced, the owner's rights end and the agreement is null and void.
Where do I submit the signed agreement?
The agreement names no channel. The Planning Division page encourages online submission through the CSS online portal and lists [email protected] for help. Confirm the route with the Division before sending.
Can I fill out this form online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the agreement, so submit it through the City's channels.
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