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

FMC § 13-219, Encroachment in a Public Right-of-Way, bars anyone from encroaching on a Fresno public right-of-way without first obtaining and keeping in force a valid encroachment permit from the Director. Before issuing one, the Director must confirm five things: the adjacent record property owner has executed and recorded a City Attorney-approved covenant indemnifying the city for any liability from the encroachment; the applicant has filed a complete application describing the purpose and the work; the Master Fee Resolution fees have been paid; the encroachment serves a legitimate purpose that cannot feasibly be accomplished any other way; and the encroachment will not be detrimental to public health, safety, or welfare.

Getting an encroachment permit does not excuse the applicant from also obtaining a street work permit under § 13-202 for any work performed in the right-of-way contiguous to or within the encroachment area. If the permittee fails to comply with any term, condition, or restriction in the permit or the covenant, the Director must revoke the permit and order removal of every structure from the encroachment area; the applicant can appeal the Director's decision, or any condition imposed, to the City Council under the same procedure used for street-work deviation appeals in § 13-216. The section carries a specific carve-out for the city's separate Outdoor Dining Ordinance, § 12-328(F), which is not subject to the automatic revocation-and-removal rule.