Berkeley, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Berkeley Municipal Code Chapter 16.18 governs private structures placed in the public right-of-way. Section 16.18.020 makes it unlawful to construct, maintain or place any encroachment without complying with the chapter, and bars issuance of any building, zoning, use, or variance permit for right-of-way construction until the encroachment permit is obtained. The chapter splits encroachments into two tiers defined in Section 16.18.010. A major encroachment is a permanent improvement projecting into the right-of-way such as a basement vault, an earth-retaining structure over three feet above grade, or a fence over six feet above grade, and requires a permit granted by resolution of the City Council to the abutting property owner or their authorized agent.

A minor encroachment, such as a bench, bike rack, flower pot, permanent planter box, or a fence under six feet, is instead approved administratively by the Assistant City Manager for Public Works, who also has final authority to classify a disputed encroachment under Section 16.18.020(D). The major-permit process in Section 16.18.050 requires a filed application, a site investigation, a sketch or plan with dimensions and elevations, and a poll of abutting neighbors with a posted notice of intent before the Assistant City Manager forwards a recommendation to the City Council.

Section 16.18.030 flatly prohibits certain encroachments regardless of permit, including loading docks, underground tanks or elevators in the right-of-way, and structures built for profit-making enterprise (with a carve-out for IKE Smart City wayfinding kiosks under the City's franchise agreement). Limited exemptions from needing any permit at all appear in Section 16.18.040, covering items like mailboxes placed per USPS rules, newspaper racks permitted under Chapter 16.40 or 16.44, and sidewalk cafe seating authorized under Section 14.48.150. Fees for processing and issuing permits, plus mitigation fees for tiebacks and soil nails, are set under the public works master fee schedule per Section 16.18.025.