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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Merced Municipal Code § 12.28.010
Issuing authority
City engineer, written permit required
Financial requirement
Deposit covering surface replacement and inspection costs
Additional security
Performance bond may be required (Sec. 12.28.040)
Delay remedy
City may finish work and bill permittee after 10-day notice

Summary

Merced requires a written permit from the city engineer before anyone cuts, opens, or excavates a public street, alley, lane, court or place for any purpose, from laying pipe and conduit to any other private use of the right-of-way, under Municipal Code Section 12.28.010. The permit comes with a refundable deposit and, at the engineer's discretion, a performance bond.

No person shall cut or open any public street, alley, lane, court or place in the city for the purpose of laying therein any water or gas pipe, box, flume, conduit, electrical or otherwise, or for any other purpose whatsoever, without first obtaining a permit in writing from the city engineer.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 85 - 1-26).

Full Breakdown

28, Excavations, is Merced's general permit for private work that disturbs a public street, alley, lane, court or place, covering laying water or gas pipe, boxes, flumes, conduit, or any other purpose whatsoever. 020 requires a written application to the city engineer on a city-furnished form describing the proposed ditch, trench, hole or other excavation. 030 requires the applicant to post a deposit sized to cover the estimated cost of surface replacement, inspection, and supervision; the finance officer calculates the actual cost after the work finishes and refunds any excess or bills any shortfall.

040 lets the city engineer also require a bond payable to the city guaranteeing compliance and covering repair failures discovered within one year of completion. 060 allows the engineer to waive the written application in an emergency, though the fee still applies and verbal authorization is required first. 070 requires the permittee to perform the work in a good and workmanlike manner, restore the area to its pre-work condition, and minimize inconvenience to the public. 080 lets the city give ten days' written notice and then finish the job itself, or through another contractor, and charge the cost back to the permittee.

Violations & Fines

Excavating or cutting open a public street, alley, lane, court or place without the Section 12.28.010 permit is unlawful on its face, and the city engineer can require the responsible party to restore the surface at its own expense. An unreasonable delay that endangers public safety lets the city complete or repair the work itself under Section 12.28.080 and bill the full cost to the permittee.

Frequently Asked Questions

Do I need a permit to dig up a Merced street for a utility line?
Yes. Section 12.28.010 requires a written permit from the city engineer before cutting or opening any public street, alley, lane, court or place to lay water or gas pipe, conduit, or for any other purpose. The application under Section 12.28.020 must describe the proposed excavation on a city-provided form.
What deposit does Merced require for a street excavation permit?
Section 12.28.030 requires a deposit sized by the city engineer to cover the estimated cost of surface replacement, inspection and supervision before the permit is granted. Once the work is done, the finance officer determines the actual cost and either refunds the difference or bills the permittee for any shortfall.
What happens if I take too long finishing excavation work in Merced?
If the city engineer decides an unreasonable delay is hurting public convenience or safety, Section 12.28.080 lets the city give ten days' written notice and then complete the work with city crews or another contractor, charging the full cost to the original permittee.

Sources & Official References

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