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

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

Key Facts

Permit administrator
Public works director/designee
Emergency notice deadline
9 a.m. next business day
Application after emergency
Within 3 business days
Minimum security bond
$10,000 (or more if needed)
Review appeal
City manager decision is final

Summary

In the City of Monterey Park, it is unlawful to make any encroachment or excavation in a public right-of-way or public service easement, which includes sidewalks and parkways, without first obtaining a permit under Municipal Code § 13.12.030, administered by the public works director.

§ 13.12.030. Permit required. (a) Permit Required. Unless otherwise provided by applicable law, it is unlawful for any person to make any encroachment or excavation in any public right-of-way or service easement, without first obtaining a permit issued pursuant to this chapter. (b) A permit is not valid until the administrator receives the applicant's written acceptance in accordance with this chapter. (c) During city business hours, persons must immediately notify the administrator of emergency encroachment work for all repairs performed on existing infrastructure. Should emergency repair work commence during other than normal city business hours, the person must notify the administrator of work performed by nine a.m. on the following business day. An encroachment permit application must be submitted to the administrator within three business days.

Full Breakdown

Chapter 13.12, Encroachment in Public Streets, Easements and Rights-of-Way, defines 'encroachment' broadly under § 13.12.020 to include construction work, obstructing structures, or any object placed in a right-of-way or public service easement. Section 13.12.030 requires a permit before any encroachment or excavation, and that permit is not valid until the administrator, defined as the public works director or designee, receives the applicant's written acceptance. For emergency repair work on existing infrastructure, the responsible person must notify the administrator immediately during business hours, or by nine a.m. the next business day if the emergency arises after hours, and must submit a formal encroachment permit application within three business days.

Applicants must show a valid contractor's license or that they own the adjoining property under § 13.12.100, submit plans and specifications under § 13.12.110, and carry liability insurance and typically a surety bond or other security of at least ten thousand dollars under § 13.12.150, though the administrator may waive security for an adjoining property owner. Limited exceptions to the permit requirement exist under § 13.12.070, including mailboxes, utility poles, and sidewalk-cafe encroachments in the central commercial zone. A denial under § 13.12.130 must state its reasons and inform the applicant of the right to administrative review, and the city manager's decision on review under § 13.12.220 is final, with no appeal to the city council.

Violations & Fines

Making an encroachment or excavation without a permit violates § 13.12.030(a) directly. Because Chapter 13.12 is not among Title 4.10's designated infractions, an unpermitted encroachment defaults to a misdemeanor, punishable by up to a $1,000 fine, up to six months in jail, or both. The administrator may also remove the encroachment, refill any excavation, and restore the right-of-way at the responsible person's cost under § 13.12.210, and any surety bond posted is liable for that cost.

Frequently Asked Questions

Do I need a permit to dig up part of a Monterey Park sidewalk or street?
Yes. Section 13.12.030 makes it unlawful to make any encroachment or excavation in a public right-of-way or service easement, which covers sidewalks, without first obtaining a permit from the public works director issued under Chapter 13.12.
What if I need to fix a broken pipe under the street in an emergency?
You must notify the administrator immediately during business hours, or by 9 a.m. the next business day if the emergency happens after hours, and then submit a formal encroachment permit application within three business days under § 13.12.030(c).
Can the city deny my encroachment permit application?
Yes. Under § 13.12.130, the administrator must deny an application if the proposed work is not an authorized right-of-way use, would unreasonably interfere with adjacent property, or would threaten public health, safety, or welfare, with written notice of the reasons and appeal rights.

Sources & Official References

Other rules in Monterey Park

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