Berkeley, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing chapter
- BMC Ch. 16.18
- Major encroachment approval
- City Council resolution
- Minor encroachment approval
- Asst. City Manager for Public Works
- Permit blocks other permits
- No building/zoning permit issued first
- Flat prohibitions
- Loading docks, underground tanks, ad structures
- Fee basis
- Public works master fee schedule
Summary
Building anything into a Berkeley sidewalk or street right-of-way, from a fence to a basement vault, requires an encroachment permit under Municipal Code Chapter 16.18. Major encroachments need City Council approval; minor ones are approved administratively by Public Works.
No person shall construct, maintain or place any encroachment without complying with the terms of this chapter. No building permit, zoning permit, use permit, variance or public right-of-way permit for any construction in the public right-of-way will be issued until the encroachment permit has been obtained. Except as provided in Section 16.18.040, no major encroachment shall be allowed except in compliance with the terms of a permit to be granted to the property owner of abutting real property or their authorized agent by resolution of the City Council. Except as provided in Section 16.18.040, no minor encroachment shall be allowed except in compliance with the terms of a permit to be granted to the property owner of abutting real property or their authorized agent by the Assistant City Manager for Public Works.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
18 governs private structures placed in the public right-of-way. 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. 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.
020(D). 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. 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). 150. 025.
Violations & Fines
Placing an encroachment without the required permit, or one that falls under a Section 16.18.030 flat prohibition, is a violation of Chapter 16.18 enforceable under Section 16.18.330. The Assistant City Manager for Public Works can also revoke an existing permit and order removal of the encroachment under Section 16.18.260, and unpermitted or noncompliant encroachments can be removed at the owner's expense.
Frequently Asked Questions
Do I need a permit to build into the Berkeley sidewalk right-of-way?
What's the difference between a major and minor encroachment in Berkeley?
Are any right-of-way structures banned outright in Berkeley?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Alameda County handle encroachment permits.