Butte County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- Excavation, encroachment, access roads, cuts/fills
- Enforcing dept
- Director of Public Works
- Unpermitted-work penalty fee
- 2x standard fee, Sec. 10-87(c)
- Max criminal penalty
- $1,000 and/or 6 months jail
- New-pavement moratorium
- 5 years post-completion, Sec. 10-82(b)
- Appeal body
- Board of Supervisors, Sec. 10-94
Summary
Anyone who wants to excavate, place a structure, build an access road, or cut and fill land near a county highway right-of-way needs an encroachment permit from Butte County Public Works under Sections 10-82 through 10-85. Applications require site plans, insurance proof and permit fees set in the county's master fee schedule, and unpermitted work already begun doubles the fee under Section 10-87(c).
10-83 - Encroachments. It is unlawful for any person to place or maintain any encroachment on any portion of the right-of-way of any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of the permit or of this chapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).
Full Breakdown
Article VI(B) of Chapter 10 makes several right-of-way activities unlawful without a permit: excavating within the county highway right-of-way under Section 10-82, placing or maintaining any encroachment under Section 10-83, building or revising an access road under Section 10-84, and cutting or filling land near a highway under Section 10-85. Section 10-82(b) further bars excavating a newly renovated highway for five years after a Notice of Completion, absent an emergency, a utility service interruption, state or federal mandate, or Board of Supervisors approval after a public hearing.
Applications go to the Director of Public Works on a form listing the applicant and contractor, the nature and location of the work, its timing, supporting site plans, and proof of liability insurance naming Butte County as an additional insured, unless the applicant is a public utility or special district. Section 10-87 ties permit issuance to payment of the fee set in the Butte County Master Fee Schedule and requires public utility companies performing tree removal or underground line work to deposit at least $300 against the county's actual inspection costs.
If work begins before a permit issues, Section 10-87(c) doubles the standard fee. A denial or condition can be appealed to the Board of Supervisors under Section 10-94 after paying the required appeal fee to the Clerk of the Board.
Violations & Fines
Section 10-80 makes any violation of the encroachment chapter a misdemeanor, punishable by a fine of up to $1,000, up to six months in county jail, or both, with each day the violation continues counted as a separate offense. Section 10-81 also treats an unpermitted encroachment as a public nuisance the Director of Public Works can summarily abate under Streets and Highways Code Section 1483 and Civil Code Section 3494, in addition to any criminal penalty.
Frequently Asked Questions
Do I need a permit to dig near a Butte County road?
What does a Butte County encroachment permit application need?
What if I start work before getting the permit?
Sources & Official References
Other rules in Butte County
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