Anaheim, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- AMC § 12.02.010
- Issuing authority
- Director of Public Works
- Standard permit term
- Terminable on 90 days notice
- Appeal window
- 15 days to request Council review
- Adopted
- Ord. 5548, Dec. 19, 1995
Summary
Anyone wanting to encroach on an Anaheim public street or utility easement needs a written permit from the Public Works Director, terminable on no more than 90 days notice unless the City Council approves a longer term, plus a Council-set application fee.
12.02.010 ENCROACHMENTS AUTHORIZED. The Director of the Public Works Department is authorized to issue written permits to encroach in and upon public streets and utility easements; provided, however, that no such permit shall be issued unless said permit is terminable on not more than ninety days notice. The decision of the Director of Public Works approving or denying any such permit shall be subject to review by the City Council upon the request of any member of the City Council or upon the written request of any interested person filed with the City Clerk not later than fifteen days following the date of the Director's decision. The City Council may grant encroachment permits which are terminable on longer than ninety days notice. (Ord. 5548 § 1 (part); December 19, 1995.)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-28: Code: Supplement contains: Local legislation current through Ord. 6627, passed 8-11-2026 | Zoning: Local legislation current through Ord. 6627, passed 8-11-2026).
Full Breakdown
02 governs encroachments onto public streets and utility easements outside the separate right-of-way construction permit process. 010 authorizes the Director of Public Works to issue written encroachment permits, but bars issuing any permit that is not terminable on 90 days notice or less, meaning the City can revoke a standard encroachment permit and require removal within three months. Only the City Council itself can grant a longer-term encroachment permit. An applicant or any interested person can challenge the Director's approval or denial: a Council member can request review, or any interested person can file a written request with the City Clerk within 15 days of the Director's decision, triggering City Council review of that decision.
020 requires the encroachment permit application fee, set by Council resolution, to be paid before an application is even accepted. 030 classifies the grant of an encroachment permit as a legislative act made at the City's sole discretion, and specifies that no notice or public hearing is required before the City decides an application, distinguishing it from a discretionary land-use entitlement. 12 (right-of-way construction permits) apply specifically to excavation, construction or physical obstruction work in the street.
Violations & Fines
Encroaching on a public street or utility easement without a Director-issued permit, or exceeding the terms of an issued permit, exposes the encroachment to removal since standard permits are terminable on 90 days notice. There is no hearing right before the initial decision; the only recourse is Council review requested within 15 days of the Director's decision under Section 12.02.010.
Frequently Asked Questions
Who issues encroachment permits in Anaheim?
Can I appeal a denied Anaheim encroachment permit?
Is a public hearing required for an Anaheim encroachment permit?
Sources & Official References
Other rules in Anaheim
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Encroachment Permits in Nearby Cities
How other cities in Orange County handle encroachment permits.