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

Chapter 20's Article IX governs any private use of a Gilroy public right-of-way. Section 20.71 defines "encroachment" broadly to include excavation, erecting or maintaining a physical improvement, planting landscaping, or placing waste material within a street, sidewalk, or other dedicated right-of-way. Section 20.72 requires an encroachment permit from the city engineer before any such work, and for a street cut specifically, the permittee must secure the permit at least two working days before the work begins, except for an emergency street cut needed to fix an immediate hazard, which a utility may perform first and then apply for a permit the next business day.

The city engineer sets whatever conditions are necessary to protect public safety and the public interest, and those conditions bind later owners of the encroachment, not just the original permittee. Owners of encroachments that existed before the article took effect and were never covered by a written permit or agreement had to apply for one by January 1, 2002; if they never applied, or were denied, the city may remove the encroachment at the owner's expense after thirty days' written notice. Section 20.73 exempts several common situations from the permit requirement, including city-approved street landscaping, marquees and awnings built under a valid building permit, temporary signs and fences that otherwise comply with the Code, work done under a city contract, newsracks, and emergency utility street cuts.

An application under Section 20.75 must include the applicant's and contractor's contact information, a description of the work and its timing, a certificate of insurance, and, where required, the California Public Utilities Commission's order or consent. Any required permit that was never obtained makes the encroachment a public nuisance the city can abate under Section 20.72(f).