National City, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- § 13.12.030, Chapter 13.12
- Issuing official
- City engineer, on written application
- Insurance minimum
- One million dollars combined single limit per occurrence
- Appeal deadline
- Ten calendar days to the city council
- Emergency repair permit deadline
- End of the third business day after work begins
- Penalty
- Misdemeanor; each day a separate violation
Summary
In National City it is unlawful to construct, install, place, maintain or remove improvements, or to grade, excavate or encroach in any public right-of-way or public property, without a valid encroachment permit. The city engineer issues the permit under Chapter 13.12 after a written application, proof of bond and insurance, and the fee-schedule fee. A violation is a misdemeanor.
A.Except as provided within franchise or subsection (F) of this section, it is unlawful to construct, install, place, maintain or remove improvements or facilities, or to grade, excavate or encroach within, upon, under or over, any public right-of-way or public property of the city without a valid encroachment permit or clearance issued pursuant to this chapter. ... F.Nothing in this chapter shall prevent excavation for emergency repairs to public utility service connections or other work that is necessary for the immediate protection of life or property, provided the entity first notifies the city engineer by telephone or other means reasonably calculated to promptly apprise the city engineer of the location and nature of the emergency and applies for a permit no later than the end of the third business day following the commencement of work.
Full Breakdown
Chapter 13.12 of the National City Municipal Code regulates private work in public streets and rights-of-way. Section 13.12.020 defines public right-of-way to include any public street, alley, sidewalk, driveway, curb, pavement, gutter or parkway. A facility includes any object, pole, light or signal standard, standpipe, sign, pipe, conduit, cable, manhole, duct, trench or utility cabinet, and an encroachment is a facility installed within, under, over or upon the right-of-way or public property.
The applicant files a written application with the city engineer (§ 13.12.050). The permit is subject to the City of National City Standard Specifications, Regional and City Standard Drawings, Special Provisions and Design Standards. Under § 13.12.060(A) the city engineer issues a permit only if the applicant shows a compelling need to use the right-of-way, no detriment to public safety or welfare and no interference with Americans with Disabilities Act access, ability to comply with the permit terms, compliance with state and federal law, and coordination with existing and proposed facilities.
Each permit requires proof of a performance bond and liability insurance, with comprehensive general liability coverage of at least one million dollars combined single limit per occurrence, and the city engineer can require more (§ 13.12.040). The permit fee is the amount set in the National City fee schedule (§ 13.12.090). Under § 13.12.030(D) the permittee removes or relocates the facility at its sole expense when the city engineer finds it necessary, and § 13.12.030(B) bars assigning or enlarging a permit without prior written authorization.
After a street is resurfaced, city policy prohibits major excavation for three years, and major excavation means a trench cut greater than four inches in width or a repair exceeding four feet by four feet (§ 13.12.070). Anyone aggrieved by a decision on issuance, denial, revocation, fee or condition can appeal to the city council within ten calendar days by filing with the city clerk (§ 13.12.110).
Violations & Fines
Under § 13.12.150(A), violating § 13.12.030 or § 13.12.080(B) is a misdemeanor, each day is a separate violation, and enforcement can be civil, criminal or administrative. The city engineer can remove illegal encroachments and charge the cost to the responsible party (§ 13.12.150(B)). A permittee who violates permit terms and materially and adversely affects public health and safety is ineligible for another permit for one year (§ 13.12.080(C)). An unauthorized assignment or enlargement is void (§ 13.12.120).
Frequently Asked Questions
When do I need an encroachment permit in National City?
Who issues the permit and what must I show?
Can emergency repairs start before the permit issues?
How do I appeal a denial or a permit condition?
Sources & Official References
Other rules in National City
California rules heatmap·Compare National City to another location·View the California sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in San Diego County handle encroachment permits.