Bakersfield, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- City engineer
- Definition
- Any structure intruding on public right-of-way
- Appeal window
- 10 days to city clerk/city manager
- Council approval needed
- Substantial building encroachments
- Max penalty
- $300 fine or 90 days jail
Summary
Placing any fixture, a building, fence, hedge, or similar structure, that intrudes into a Bakersfield street, sidewalk, alley, or other public right-of-way requires a permit from the city engineer under § 12.20.020(A). Applicants must describe the encroachment and its duration, agree to indemnify the city, and carry required insurance; the city engineer can grant, condition, or revoke the permit at any time.
It is unlawful for any person, firm or corporation to place, erect or maintain, or to permit the placing, erection, maintenance or existence of any encroachment, as defined in Section 12.20.010, upon, over or under any street, avenue, lane, alley, sidewalk, court, place, public way, property or rights-of-way, now open or dedicated or which may hereafter be opened or dedicated to public use within the city, or upon, over or under any property belonging to the city, without a permit from the city engineer granted as provided in this chapter or, if the encroachment is by a pipeline for conveyance of petroleum products to or from a refining facility, without a license agreement therefor approved by the city council.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 5221, passed July 15, 2026).
Full Breakdown
010 as any permanent or temporary fixture, a building, fence, hedge, or 'any other thing', that intrudes into, upon, over, or under city property or a dedicated public right-of-way. 020(A) makes it unlawful to place or maintain one without a city engineer permit, with a narrow exception for petroleum pipelines, which instead need a city-council-approved license agreement. 020(B), an applicant files with the city engineer's office, describing the encroachment, its proposed location, and how long it will remain, and must agree in writing to indemnify the city and maintain liability insurance for as long as the encroachment exists.
The city engineer investigates whether the encroachment would substantially interfere with public use of the right-of-way or create a hazard, then grants or denies the permit at his or her discretion, for a fixed term or annual renewal, and can impose conditions or revoke the permit at any time. 020(B). 035 adds a further check: the city engineer cannot approve an encroachment permit for a substantial at-, below-, or above-grade portion of a building without city council approval. 030 requires removal after written notice from the city engineer, specifying the removal deadline.
Violations & Fines
Maintaining an encroachment without a valid permit, or failing to remove one after the city engineer's notice, is a misdemeanor under § 12.20.040, punishable by a fine of up to $300, up to ninety days in county jail, or both: with each day the encroachment remains after the removal deadline charged as a separate offense.
Frequently Asked Questions
What counts as an encroachment in Bakersfield?
Who issues encroachment permits and can they be revoked?
What happens if I don't remove an unpermitted encroachment?
Sources & Official References
Other rules in Bakersfield
California rules heatmap·Compare Bakersfield to another location·View the California sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Kern County handle encroachment permits.