Monterey County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Public Works Director
- Applies to
- unincorporated County highways only
- Fee
- set by Board of Supervisors resolution
- Late fee
- added if work starts before permit issued
- Special event lead time
- 90-120 days before the event
- Appeal deadline
- 10 days to Board of Supervisors
- Emergency excavation violation
- misdemeanor under § 14.04.070
Summary
In unincorporated Monterey County, a Public Works Director permit is required before digging, building a driveway, placing an encroachment, or cutting trees within any County highway right-of-way, which covers the road, curb, sidewalk and shoulder area. Salinas, Monterey, Seaside and other cities issue their own encroachment permits under separate municipal codes.
When satisfied of an applicant's right or necessity, the Public Works Director may issue to him or her a written permit, which shall not be transferable, authorizing him or her to do any of the following acts:1.Make an opening or excavation for any purpose in any County highway;2.Place, change or renew an encroachment;3.Construct, grade, or place any driveway within a County highway; but no driveway shall be located within any portion of the normal curve returns of any intersection;4.Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any County highway.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).
Full Breakdown
04 governs encroachments on County highways, defined broadly to include the entire width of right-of-way of any County-maintained road, street, lane, alley, way, place or cul-de-sac, along with its curbs, drains and ditches. 020, the Public Works Director may issue a written, non-transferable permit authorizing four categories of work: opening or excavating a County highway for any purpose; placing, changing or renewing an encroachment; constructing, grading or placing a driveway (which cannot sit within the normal curb returns of an intersection); and planting, removing, cutting or otherwise disturbing any tree, shrub, plant or flower growing within the highway. 020(B)). 080). 080(G)). 060). 170).
Violations & Fines
An encroachment placed without a permit is treated as one lacking authority of law once the Public Works Director orders its removal, and the County can enforce removal using the procedures in Chapter 6, Division 2 of the California Streets and Highways Code (Section 14.04.160). Permits can also be revoked outright whenever a County highway improvement, reconstruction or repair project requires removing or relocating the encroachment, at the permittee's own expense (Section 14.04.150). Failing to promptly notify the Public Works Director and apply for a permit after an emergency excavation is a misdemeanor (Section 14.04.070(B)).
Frequently Asked Questions
Do I need a permit to put a driveway on my property in unincorporated Monterey County?
What happens if I build in the right-of-way without an encroachment permit?
Does this encroachment permit rule apply inside Salinas or the City of Monterey?
Can I appeal if the County denies my encroachment permit?
Sources & Official References
Other rules in Monterey County
California rules heatmap·Compare Monterey County to another location·View the California sidewalk & pedestrian rules overview
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