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Encroachment Permits Appeal Procedure Regulations (CA Code of Regulations. Title 21, Division 2, Chapter 8, Article 2. Operative 04/01/17)
What is an Encroachment?
An "encroachment" is defined in Section 660 of the California Streets and Highways Code as “any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure, object of any kind or character not particularly mentioned in the section, or special event, which is in, under, or over any portion of the State highway rights of way. “Special event” means any street festival, sidewalk sale, community-sponsored activity, or community-approved activity.”
When is an Encroachment Permit required?
An encroachment permit must be obtained for all proposed activities related to the placement of encroachments within, under, or over the State highway rights of way. Some examples of work requiring an encroachment permit are: utilities, excavations, encroachment renewals, advertisements (when allowed by statute), vegetation planting or trimming, surveys, mail boxes, driveways, installation or removal of tire chains for compensation, special events, and commercial filming activities.
How/where do I apply for an Encroachment Permit and what are the fees to process my application?
Applicants must complete a Standard Encroachment Permit Application (TR-0100), attach supporting documentation such as: plans, location map, environmental documentation, letter of authorization, surety bonds, liability insurance, any applicable fees, etc. and submit them to the appropriate District Encroachment Permits Office having jurisdictional authority over the proposed encroachment site.
Fees vary depending on the type of encroachment and the amount of staff hours needed to review and inspect it. Typically a deposit is required when the application package is submitted. Please contact the appropriate District Encroachment Permits Office for details.
How long will it take to process my Encroachment Permit application?
Section 671.5 (a) of the California Streets and Highways Code requires that the Department either approves or denies an Encroachment Permit Application submittal within 60 calendar days, upon determination that the submittal is complete. This section grants the Department the authority in what constitutes a completed Encroachment Permit Application submittal. It also stipulates that an Encroachment Permit Application submittal is complete when all statutory requirements including but not limited to Storm Water, Americans with Disabilities Act (ADA), California Environmental Quality Act (CEQA) have been complied with. The term statutory requirement includes both federal and California statutes.
The actual time needed to review and approve your application will depend on the completeness of your submittal, scope, and complexity of the proposed work.
Who do I contact if...
- I have questions regarding my Encroachment Permit Application?
- I need to submit additional information/documentation?
- I need a time extension (rider)?
- I need copies of as-built plans? Please submit a Record Disclosure Request Form (ADM-3003) to the appropriate District Public Records Act Coordinator.