Novato, CA Sidewalk & Pedestrian Rules: Encroachment Permits (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?
What happens if I start work in the right-of-way before getting the permit?
How do I appeal a denied encroachment permit in Novato?
Sources & Official References
Other rules in Novato
California rules heatmap·Compare Novato to another location·View the California sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Marin County handle encroachment permits.