Santa Clara County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit authority
- County Roads and Airports Director
- Applies to
- Unincorporated Santa Clara County only
- Covers
- Driveways, excavation, tree work, encroachments
- Enforcement
- Summary removal or County Counsel injunction
Summary
Placing, altering, or excavating in a County right-of-way in unincorporated Santa Clara County requires a written encroachment permit from the Director before work begins.
No person shall obstruct or encroach upon a County highway or right-of-way without first obtaining a written permit from the Director. ... A written encroachment permit shall be required for any of the following: (a)Placing, changing, servicing or renewing an encroachment in a County highway.(b)Constructing a driveway for access purposes so as to encroach on a County highway.... (d)Making an opening or excavation for any purpose in a County right-of-way.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
In unincorporated Santa Clara County, no person may obstruct or encroach on a County highway or right-of-way without a written permit from the Director. A permit is required to place, change, service, or renew an encroachment; construct a driveway accessing a County highway; plant, remove, cut, or alter a tree, shrub, plant, or flower within a County highway; or open or excavate a County right-of-way for any purpose. Applications go to the Director of the Roads and Airports Department on County forms, and unpermitted work is treated as a nuisance the County can order removed or abate through legal action.
Violations & Fines
Unpermitted encroachments may be summarily moved, removed, covered, or towed by the Director, and County Counsel can sue to enjoin or abate the violation.
Frequently Asked Questions
Do I need a permit to build a driveway in unincorporated Santa Clara County?
What happens if I encroach on County right-of-way without a permit?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California sidewalk & pedestrian rules overview
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