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Santa Barbara County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing article
County Code Ch. 28, Art. I, Sec. 28-1 to 28-54
Issuing authority
County road commissioner
Base issuance fee
$5 (Sec. 28-8, may be waived)
Permit display
Kept at job site at all times
Maximum penalty
$500 fine and/or 6 months jail

Summary

No one may excavate, install, repair, or remove a sidewalk, curb, gutter, or underground facility in a Santa Barbara County road right-of-way without first getting an excavation and encroachment permit from the county road commissioner.

City-specific rules exist: Santa Maria has its own encroachment permits rules that differ from Santa Barbara County's county-level regulations. If you live in Santa Maria, check the city-specific page instead.

No person shall do or cause to be done any of the following enumerated things without first obtaining a permit therefore and complying with all conditions thereof and all provisions of this article: (a)Excavate or fill in an excavation within a road right-of-way.(b)Install, maintain, cut into, repair or remove any sidewalks, curbs, gutters or road surfacing; or install, repair or remove any facilities or substructures in, on, over, or under any road right-of-way.

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 44 Update 1).

Full Breakdown

County Code Section 28-3 bars any person from excavating or filling an excavation within a road right-of-way, or installing, maintaining, cutting into, repairing, or removing any sidewalk, curb, gutter, road surfacing, facility, or substructure in, on, over, or under a road right-of-way, without first obtaining a permit and complying with all its conditions; the requirement exempts telephone and power poles with associated anchors and guy wires located behind existing curbs, in alleys, or where no curb exists, and preserves any right that existed before the affected road became a public county road.

Section 28-4 requires the written application to identify the applicant, the location, dimensions, purpose, and nature of the proposed work, and any facilities to be installed, repaired, or removed, and the commissioner's approved signature on the application makes it the permit. Section 28-8 sets a five-dollar issuance fee to cover processing, permit issuance, and county liability insurance, waivable by the commissioner for county-project work, while public agencies are exempt from the fee entirely. Section 28-11 makes every permit nontransferable, and Section 28-12 lets the commissioner refuse or revoke a permit where the work conflicts with an existing or proposed assessment district, or while the applicant is in default on a prior excavation permit, subject to board review of a disputed denial. Section 28-13 requires the permit or a true copy to be kept at the job site at all times while work is underway.

Violations & Fines

Section 28-53 makes it a misdemeanor to violate any provision of Article I or any permit condition, to fail or refuse to comply with the commissioner's requirements, or to perform work requiring a permit without first obtaining one, punishable under the Section 1-7 general penalty of up to a five-hundred-dollar fine, six months in county jail, or both, with each day of a continuing violation a separate offense. Section 28-52 also authorizes the commissioner to issue stop work orders for noncompliant work.

Frequently Asked Questions

Do I need a permit to repair a sidewalk in unincorporated Santa Barbara County?
Yes. Section 28-3(b) requires a permit before anyone installs, maintains, cuts into, repairs, or removes any sidewalk, curb, gutter, or road surfacing in a county road right-of-way, with a narrow exception for existing telephone and power poles behind curbs.
Who issues encroachment permits for county road right-of-way work?
The county road commissioner issues and can refuse or revoke encroachment permits under Sections 28-3 and 28-12, based on a written application filed with the road department under Section 28-4.
Can an encroachment permit be transferred to a new owner?
No. Section 28-11 states permits issued under Article I are nontransferable, so a new property owner or contractor must obtain their own permit for the same work.

Sources & Official References

Other rules in Santa Barbara County

All Santa Barbara County rules

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