Marin County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Marin County Code § 13.12.010
- Fee schedule section
- § 3.48.020, eff. May 16, 1991
- Application fee
- $65
- Annual permit fee
- $425
- Vending encroachment fee
- $300
- Unpermitted work penalty
- Fine up to $500 or 6 months jail
- Late-start fee penalty
- Permit fees doubled
Summary
Building a driveway apron, retaining wall, fence, utility line or any other private improvement into a county road right-of-way in unincorporated Marin requires an encroachment permit from the Department of Public Works under Marin County Code § 13.12.010. Fees run from a $65 application up to a $425 annual permit, and doing the work first doubles them.
Encroachment permits for work within, upon or beneath the roads of the county and roads within a permanent road division shall be required and issued in accordance with Division 2, Chapter 5.5 (Sections 1450 et seq.) of the California Streets and Highways Code and the provisions of this chapter. The term "work" as hereinabove used is construed to include, in addition to normal or usual meanings of the word, the business or trade of selling, hawking, or peddling, of any merchandise, article, or item whatsoever within the right-of-way of any county maintained road.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).
Full Breakdown
12 itself. The chapter defines "work" broadly enough to reach not just excavation and construction but also selling, hawking or peddling merchandise within a county road right-of-way. 020). 020 sets the schedule, effective May 16, 1991: $65 to apply, a $70 minimum inspection fee, $35 for recordation, $425 for an annual encroachment permit, and $300 for a vending encroachment. Inspection fees are waived for another government entity or a CPUC-regulated utility, and the application fee can be waived for a volunteer group performing a community service.
020 doubles the permit fees to cover the extra inspection burden. 035) before granting a permit. 090 governmental-entity class can otherwise be revoked on five days' notice.
Violations & Fines
Doing encroachment work without a permit is a misdemeanor under Marin County Code § 13.12.110, punishable by a fine of up to $500, up to six months in county jail, or both. Each day a violation continues counts as a separate offense. Starting work before securing a permit also doubles the permit fees under § 13.12.020 to cover the extra inspection cost, on top of any criminal penalty.
Frequently Asked Questions
Do I need a permit to encroach on a county road right-of-way in unincorporated Marin?
How much does a Marin County encroachment permit cost?
What happens if I build an encroachment before getting a permit?
Can Marin County make me remove an encroachment later?
Sources & Official References
Other rules in Marin County
California rules heatmap·Compare Marin County to another location·View the California sidewalk & pedestrian rules overview
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