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

Municipal Code Chapter 14.08 governs private use of city rights-of-way, defined broadly to include the surface, air space, and subsurface of streets, sidewalks, parkways, and easements the City holds an interest in. Section 14.08.020 makes it unlawful to encroach, or cause an encroachment, without first obtaining a permit from the City Engineer, and clarifies that a permit never vests any ownership interest in the right-of-way; the City Engineer may revoke a permit at any time deemed necessary. A handful of narrow exceptions in Section 14.08.030 excuse permitted signage under Chapter 19.104.100, city employees acting in their official duties, residential landscape installed under Section 14.12.080, and utility maintenance that requires no excavation.

Applicants apply through the Public Works Department (Section 14.08.050); the City Council sets encroachment fees by resolution (Section 14.08.060), and the City Engineer may require a security bond covering restoration costs (Section 14.08.070). Once an application is complete, the City Engineer must approve or deny it within 21 days (Section 14.08.090), and permitted work must begin within 90 days of issuance or the permit becomes void (Section 14.08.100). Streets that have been resurfaced within the last three years generally cannot be cut open except for emergency repairs (Section 14.08.040).

Landscape or hardscape overhanging or obstructing a right-of-way, including tree limbs under eight and one half feet above the right-of-way, is separately declared a public nuisance under Section 14.08.220, with five business days to correct it after written notice from the City Engineer.