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

Section 11.08.010 of the Fountain Valley Municipal Code prohibits anyone from constructing, placing, affixing or occupying any portion of the city's street right-of-way, including the sidewalk and unpaved parkways or underground utility easements, with any appurtenance, fixture, structure or object, except as the chapter otherwise provides. Section 11.08.020 supplies the permit path: the director of public works must determine the encroachment is reasonably necessary, issue the encroachment permit, and determine that public safety will not be jeopardized, and the applicant must provide sufficient insurance or other assurances in case of liability arising from the encroachment.

Section 11.08.030 names the uses that specifically require a permit: excavations in city streets or other construction activity requiring closure of part or all of the right-of-way, bus benches, news racks, priority mail drop-off boxes, and wireless telecommunication facilities in the public right-of-way. Trenching has its own test in § 11.08.035. Trenching means any excavation in excess of three feet in length in the public right-of-way, and a permit issues only if the street has not been resurfaced within the last five years or there is a compelling reason for the excavation, repairs follow city standards with resurfacing across the full width of the street lanes affected, safety measures are taken, and security approved by the city attorney is posted to ensure the resurfacing for a one year period.

Section 11.08.040 exempts city-owned or controlled appurtenances such as fire hydrants, water valves, and traffic signal and lighting equipment, United States mail regular drop-off and collection boxes, and any appurtenance exempt by law from the city's authority. Under § 11.08.045 the gas and electrical franchisees, sanitation and sanitary districts, the Orange County Water District, other government entities and cable television franchisees still obtain an encroachment permit before doing work in the right-of-way, but hold limited exemptions from the rest of the chapter.