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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit issuer
City Engineer, Public Works
Governing chapter
FMC Chapter 16.07
Cash bond
Surety allowed above $5,000
Advance notice
24 hours before starting work
Violation penalty
Misdemeanor, fine up to $1,000
Appeal path
Written appeal to City Council

Summary

Fullerton requires a Public Works permit before anyone digs, builds, or places materials in a city street, sidewalk, alley, or easement. The City Engineer issues the permit under Chapter 16.07, and unpermitted work in the right-of-way is a misdemeanor punishable by a fine of up to $1,000.

No person shall lay pipes, conduits, lines or utilities or construct, reconstruct, repair or alter any curb, gutter, sidewalk, street or appurtenance therein, or excavate in, close, encroach over or upon, overload in weight or size or occupy with building materials or other items, in or upon any street, alley, public service easement, court, way, easement or other public place or city right-of-way or property without first obtaining a permit in writing to do so from the City Engineer provided in this chapter.

Full Breakdown

010 bars anyone from laying pipes or conduits, building or repairing curbs, gutters, or sidewalks, excavating, or occupying any street, alley, public service easement, court, or city right-of-way without first getting a written permit from the City Engineer. 020 go on a form the City Engineer supplies and cover eight categories: construction, excavation, temporary street occupancy, temporary street closure for construction, vehicle overlimit moves, right-of-way encroachment, haul routing, and miscellaneous work on public property. 030, no permit issues until plans are submitted and approved and all fees are paid, including a cash bond to guarantee restoration of public improvements; if the bond exceeds $5,000, the applicant may post a surety bond for the amount above that threshold.

Work must match exactly what the permit describes, and the applicant must notify the City Engineer 24 hours before starting, specifying the day, hour, and location. 040 requires the applicant to obtain grades and design specifications from the City Engineer before work begins. 050, must be installed at a depth of cover the City Engineer sets, and the city can order jacking, boring, or tunneling instead of open trenching where public safety requires it. 060 requires written notice to the City Engineer and a final field inspection before the cash bond is released. 080 requires the permittee to clear all debris from the public area within a reasonable time. 090.

Violations & Fines

Excavating or occupying the public right-of-way without a valid Public Works permit is a misdemeanor under § 16.07.070, punishable upon conviction by a fine of up to $1,000. The City Engineer can also draw on the applicant's cash bond to cover unfinished or nonconforming work, plus overhead, administrative, and inspection charges, before releasing any remaining balance. Appeals of a City Engineer decision must be filed in writing with the City Clerk.

Frequently Asked Questions

Do I need a permit to dig in a Fullerton street or sidewalk?
Yes. FMC § 16.07.010 requires a written permit from the City Engineer before laying pipes or conduits, altering a curb or sidewalk, excavating, or occupying any street, alley, easement, or other city right-of-way. The permit runs through the Public Works Department, and work started without one exposes the owner or contractor to misdemeanor charges under § 16.07.070.
How much is the bond for an encroachment permit?
The City Engineer sets a cash bond to guarantee restoration of public improvements and correct completion of the work. If the required bond exceeds $5,000, § 16.07.030 lets the applicant post a surety bond for the amount above that $5,000 threshold instead of putting up more cash.
What happens if I don't finish work covered by a permit?
Under § 16.07.030(C), the City Engineer can complete or repair unfinished work and deduct the cost, plus overhead, administration, inspection, and labor charges, from the cash bond before returning any balance to the permittee.
Can I appeal a City Engineer denial or condition?
Yes. Section 16.07.090 lets anyone aggrieved by a City Engineer decision file a written appeal with the City Clerk, who calendars it for the City Council's next convenient meeting after five days' mailed notice to interested parties.

Sources & Official References

Other rules in Fullerton

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