Alameda County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing law
- Alameda County Code § 12.08.040
- Applies to
- unincorporated areas only
- Issued by
- County Public Works Agency
- Who may apply
- adjacent owner or franchise holder
Summary
Building, planting, or placing anything within a public road right-of-way in unincorporated Alameda County requires an encroachment permit from the county public works agency before work begins.
Except as authorized by a standing franchise agreement or other agreement with the county, it shall be unlawful for any person to encroach upon the right-of-way without first obtaining an encroachment permit. Moreover, no such permit shall be issued to any person lacking the legal authority to enter the right-of-way for the purpose described in the application. For the purposes of this chapter, this authority to enter shall be limited to the following persons:
A.The owner of the property adjacent to the site of the encroachment, or his/her agent; except that the director may, with the acknowledgment of the affected parties, authorize an owner or his agent to encroach upon the right-of-way in other locations;B.The holder of a franchise or other agreement, wherein the right to encroach for the purpose described in the permit application is clearly delineated;C.A person that has the right to occupy the right-of-way pursuant to state or federal law, including California Public Utilities Code Section 7901;D.Others qualifying under the terms and conditions of this chapter. (Ord. 2000-33 § 1 (part))
(Ord. No. 2011-7, § 1, 2-1-11)
Full Breakdown
Unincorporated Alameda County's public works agency administers this rule for the roads it governs, not for Oakland, Berkeley, Fremont, or any of the county's fourteen incorporated cities, each of which issues its own permits. Except when a standing franchise or other agreement already covers the work, County Code Section 12.08.040 makes it unlawful to encroach on a public right-of-way without a permit first, and authority to apply is limited to adjacent property owners, franchise holders, parties with a state or federal right to occupy the right-of-way, and others qualifying under the chapter. The public works agency reviews and issues these permits.
Violations & Fines
Encroaching without a permit is unlawful under Chapter 12.08; the county can require removal or restoration of the right-of-way and pursue standard county code enforcement remedies for the violation.
Frequently Asked Questions
Does this apply inside Oakland or Berkeley?
Who can apply for an encroachment permit?
Sources & Official References
Other rules in Alameda County
California rules heatmap·Compare Alameda County to another location·View the California sidewalk & pedestrian rules overview
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