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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit issuer
City Engineer
Work start deadline
30 days from issuance
Late-start penalty
Fee doubled if work starts first
Continuing use permit term
Up to 1 year
Appeal deadline
10 days to city council

Summary

Anyone who wants to use, build in, or go over, under, or upon a Brentwood public right-of-way needs an encroachment permit from the city engineer under Municipal Code Section 12.08.020. The permit fee doubles if work starts before the permit is issued, and denials can be appealed to the city council.

An encroachment permit is required for all encroachments except encroachments exempted pursuant to this chapter. The granting of a permit pursuant to this chapter may not constitute the only city or administrative approval required for the encroachment. ... The city council shall adopt and update fees for permits by resolution. Before a permit may be issued, the applicant shall deposit with the city payment in a sufficient sum to cover costs for processing the permit, field investigation, inspections and all other related costs pursuant to the city's cost allocation plan. The required fees shall be doubled if work is started prior to obtaining a permit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4604307; v5 updated 2025-12-09).

Full Breakdown

020 requires a permit from the city engineer for any encroachment not specifically exempted. 030 flatly bars permits for certain uses regardless of application: loading docks in the right-of-way, underground tanks, vaults or elevators (other than utility vaults), unpermitted signs, and any fill, wall, pipe, or vegetation that would reduce a watercourse's storm-water capacity. 100 can attach conditions or deny the permit in writing if it conflicts with the chapter or threatens public health, safety, or welfare. 120. 180 sets fees by council resolution, requires a deposit before issuance to cover processing, inspection, and related costs, and doubles the required fee if work starts before a permit is obtained. 330.

Violations & Fines

An encroachment built or maintained without a permit, or in violation of permit conditions, is enforceable under Section 12.08.330 alongside other applicable city code chapters and procedures. The city engineer, as enforcement authority under Section 12.08.340, has sole discretion to determine violations and may order an immediate work stoppage for issues affecting public health or safety, in addition to requiring the permittee to restore the right-of-way at their own expense.

Frequently Asked Questions

Do I need a permit to put a sign or dumpster in the Brentwood right-of-way?
Yes, most uses of the public right-of-way need an encroachment permit from the city engineer under Section 12.08.020. Some uses are flatly prohibited under Section 12.08.030, including loading docks, underground tanks, and any object that would block a storm drainage watercourse.
What happens if I start work before getting the permit?
Section 12.08.180 doubles the required permit fee whenever work begins before the encroachment permit is issued, on top of the deposit already required to cover the city's processing, inspection, and investigation costs. Public utilities and public agencies may instead be billed directly by the city rather than posting an advance deposit.
How long do I have to start and finish encroachment work?
Section 12.08.110 requires work to begin within thirty days of permit issuance, with forty-eight hours' notice to city inspection staff, or the permit becomes void. Continuing encroachments can be authorized for up to one year under Section 12.08.120. The city engineer can suspend or terminate a continuing permit at any time it threatens public health or safety.
Can I appeal if the city engineer denies my encroachment permit?
Yes. Section 12.08.320 lets you appeal the denial, or unfavorable terms, to the city council by filing notice with the city clerk within ten days of the city engineer's final action. The council's decision on appeal is final. Acceptance of a permit's terms, however, waives your right to later appeal those same conditions.

Sources & Official References

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