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

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

Key Facts

Permit issuer
The city engineer, under section 15-2.7
Start deadline
Work must begin within 90 days of issuance
Continuing temporary permit
Valid for one year unless the permit says otherwise
Early-start penalty
Fees are doubled if work starts before the permit
Street closure
Apply at least two weeks in advance
Appeal
Written notice to the city council within five days

Summary

In the City of Novato, no person encroaches within, upon, over or under any right-of-way, watercourse, open space or park land without first obtaining a permit under section 15-2. The city engineer issues the written permit, fees are set by city council resolution, and doing the work first doubles the fees.

No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over, or under the limits of any right-of-way, watercourse, open space, or park land without having first obtained a permit as required by this ordinance.

Full Breakdown

Section 15-2 of the Novato Municipal Code, titled Encroachments in Streets or Rights-of-Way, opens with a flat rule in section 15-2.4: no person encroaches within, upon, over or under any right-of-way, watercourse, open space or park land without first obtaining a permit. Section 15-2.1 defines encroachment broadly: excavating or filling, erecting a flag, banner, sign, pole, fence, wall or mailbox, planting or trimming a tree, leaving rubbish or earth, building a driveway or sidewalk, lighting or building a fire, and traveling with a vehicle or object of prohibited dimension or weight.

The city engineer issues the written permit under section 15-2.7 on a form the city engineer prescribes (15-2.8), with maps or sketches when required (15-2.9) and any consent the law requires from other agencies (15-2.10). Applications are approved, conditionally approved or denied, and a denial states its reasons in writing (15-2.11).

Timing and money: work must begin within 90 days of issuance unless the permit states another period, or the permit becomes void (15-2.13). A permit for a continuing temporary encroachment is valid for one year unless the permit says otherwise. A private or permanent encroachment on land the City of Novato owns in fee requires a lease agreement. Fees are set by city council resolution and deposited before issuance, and under section 15-2.17 they double when work starts before the permit. A cash deposit, lien agreement or bond secures restoration (15-2.18 to 15-2.20). A temporary street closure requires an application at least two weeks ahead (15-2.28), and the permittee gives the city engineer one full working day of notice before excavation or sidewalk work (15-2.30).

Exceptions: city employees on duty and work under a city contract (15-2.2); mailboxes need no permit (15-2.44); a lawn or ground cover in the right-of-way needs no written permit (15-2.45(c)). In an emergency, apply within one calendar day after city offices reopen (15-2.6). A dissatisfied applicant appeals to the city council within five days (15-2.55).

Violations & Fines

Section 15-2.56 makes any act not in conformance with the section an infraction, and each day during any portion of which a violation is committed, continued or permitted is a separate offense. Work started before the permit costs double the fees under section 15-2.17. Under section 15-2.13(c) the city engineer can cancel a permit for lack of diligence and restore the site, with the permittee reimbursing the city. If safeguards are inadequate, section 15-2.27 lets the city provide them or cancel the permit and restore the right-of-way, all at the permittee's expense.

Frequently Asked Questions

Do I need a permit to plant a lawn or install a mailbox in the Novato right-of-way?
Neither needs a written permit. Section 15-2.45(c) lets anyone plant a lawn or ground cover without one, but it cannot extend into the traveled way, drainage ditches or gutters, or impede pedestrian travel. Section 15-2.44 requires no permit for a mailbox, but it cannot endanger the traveling public, and the owner pays to restore the right-of-way when it is removed.
What happens if I start work in the right-of-way before getting the permit?
Section 15-2.17 doubles the permit fees when work for which a permit is required is started or proceeded with before the permit is obtained. Section 15-2.56 also makes a nonconforming act an infraction, with each day of a continuing violation counted as a separate offense.
How do I appeal a denied encroachment permit in Novato?
Under section 15-2.55, an applicant dissatisfied with the city engineer's action files a written notice with the city clerk within five days after notification. The city council hears the appeal, then approves, modifies or overrules the action, and its decision is final. The council can also direct on its own motion that the action be referred to it.

Sources & Official References

Other rules in Novato

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