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

The City of Milpitas regulates excavation in the public right-of-way through parallel encroachment-permit provisions in its Water System and Sanitary Code chapters. Milpitas Municipal Code § VIII-2-2.07 states that no excavation may be made in any state highway, county road, city street or other public roadway until an encroachment permit is issued, with the application filed at the Office of the City Engineer and accompanied by a cash deposit, or a bond if the City Council specifically approves that form of security. A near-identical rule for water-main work appears at § VIII-1-1.07.

Before a permit is granted, the person doing the digging generally must be a State-licensed master plumber or contractor registered with the City under § VIII-2-2.04, unless the work is confined solely to private property, in which case it is still subject to City inspection for workmanship under § VIII-2-2.05. Registered contractors must also file proof of public liability and property damage insurance and post performance bonds under § VIII-2-2.06. Once work starts, trenches must be left open and connections left uncovered until the City inspects and accepts the pipe laying; the contractor must give the Office of the City Engineer at least 24 hours' notice before an inspection under § VIII-2-2.11.

Only after written approval may the trench be backfilled, and the street must be restored to its original condition under § VIII-2-2.09. The permittee remains strictly responsible for defects and must correct them immediately once the City gives written notice under § VIII-2-2.12, and bears sole liability for injury, loss of life or property damage arising from the work under § VIII-2-2.14.