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

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

Key Facts

Permit issuer
City Engineer
Application review time
Complete or denied determination within 7 days
Approval/denial deadline
21 days after application deemed complete
Work must begin
Within 90 days of issuance
Moratorium on new street cuts
3 years after resurfacing, absent emergency
Default charge
Misdemeanor, or infraction at City Attorney's discretion

Summary

Cupertino requires an encroachment permit from the City Engineer before anyone builds, plants, or places anything in a public right-of-way, including sidewalks and parkways. Unpermitted encroachments are unlawful and can be revoked at any time by the City Engineer.

Except as otherwise provided in this Chapter, it is unlawful for any person to encroach or make or cause to be made any encroachment without first obtaining an encroachment permit from the City Engineer. No use of any right-of-way or any other interest or property pursuant to this chapter shall create or vest in a Permittee any ownership or other interest in the right-of-way, streets or other property or interest of the City. Permits issued in accordance with this chapter may be revoked at any time deemed necessary by the City Engineer.

Full Breakdown

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. 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. 080, and utility maintenance that requires no excavation. 070). 100). 040). 220, with five business days to correct it after written notice from the City Engineer.

Violations & Fines

Every violation of Chapter 14.08 is a misdemeanor under Section 14.08.230, unless the City Attorney elects in the accusatory pleading to prosecute it as an infraction. Code enforcement officers may issue administrative and infraction citations under Chapters 1.10 and 1.12, and the City Attorney may separately pursue civil abatement or injunctive relief to remove an unlawful encroachment. Permit denials can be appealed under Chapter 1.16 (Section 14.08.240).

Frequently Asked Questions

Do I need a permit to plant landscaping in the parkway strip in Cupertino?
Generally yes. Section 14.08.020 requires an encroachment permit for any use of the right-of-way, and Section 14.08.030 only exempts residential parkway landscaping installed and maintained under Sections 14.12.080 and 14.08.220. Anything beyond that narrow exception needs a permit from the City Engineer.
Can the City revoke my encroachment permit after it is issued?
Yes. Section 14.08.020 states that permits may be revoked at any time the City Engineer deems necessary, and holding a permit never creates any ownership or vested interest in the right-of-way itself.
What happens if I cut into a street the City just resurfaced?
Section 14.08.040 bars cutting or opening any street that was constructed, reconstructed, resurfaced, or resealed within the prior three years, except for emergency street cuts, though the City Engineer can grant exemptions for agency-mandated relocation work or when no other reasonable means of service exists.

Sources & Official References

Other rules in Cupertino

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