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

Section 5-10-202 makes it unlawful, a misdemeanor, for any person to perform excavation, construction, or placement of any object, material, or device over, under, or across the public right-of-way, or to conduct any activity within it, without first obtaining a permit. Section 5-10-203 restates the core rule for streets specifically: "No person shall cause, place or maintain an encroachment in a public street without having first obtained a permit to do so from the Chief Building Official," unless exempted under Section 5-10-204, which carves out public utilities lawfully maintaining facilities and emergency excavations necessary to preserve life or property.

Applications must be filed at least 48 hours before work begins (24 hours for container placement) under Section 5-10-205, and Section 5-10-207 requires the applicant's name and address, the location, purpose, extent and duration of the proposed encroachment, an indemnification agreement protecting the City, and an agreement to remove or relocate the encroachment within 10 days of written notice if it later interferes with a public facility. Once issued, a maintenance encroachment permit runs for a term set in the approval, up to six months from issuance under Section 5-10-216, unless the City Council approves a longer term by resolution; the Chief Building Official can terminate a continuing permit on 15 days' written notice.

Section 5-10-217 allows revocation at any time if the encroachment interferes with full, adequate, or safe public use of the right-of-way, or if the permittee violates any City ordinance, standard, safety regulation, or permit condition; upon revocation, the permittee must immediately restore the right-of-way, with the City able to do the restoration itself and bill or deduct the cost from the permittee's posted deposit.