Palm Desert, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Who issues
- Director of public works
- Insurance
- $1,000,000 per occurrence and $2,000,000 general aggregate
- Advance notice
- Notify the director at least twenty-four hours before work
- Permit term
- Expires ninety days from inspection date unless stated otherwise
- Unpermitted encroachment
- Thirty calendar days after notice before city removal
- Infraction fines
- Up to $250, $500, then $1,000 within twelve months
Summary
In the City of Palm Desert, California, no one can encroach on a public right-of-way without first obtaining an encroachment permit from the director of public works. Unauthorized encroachments are unlawful, and after thirty calendar days of notice the city can remove them at the owner's expense under Municipal Code § 12.04.030.
A. No persons 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, or make or cause to be made any alteration of any nature within, upon, over or under the limits of any right-of-way, ... or construct, or put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatever, ... without having first obtained a permit as required by this chapter. ... B. Encroachments placed, installed, constructed or maintained without authorization from the city are unlawful and the owner of the encroachment shall either remove it at their sole expense or obtain authorization under this chapter or other applicable provision of this code. The director shall have the authority to send written notice notifying the owner of the unlawful encroachment. ... within thirty calendar days of the city's notification, the city shall have the right to immediately remove the illegal encroachment and restore the right-of-way, and the owner shall be liable for all of the city's direct and indirect costs and expenses.
Full Breakdown
Section 12.04.030(A) forbids any encroachment of any nature within, upon, over or under the limits of a right-of-way, any alteration of it, and constructing, putting upon, maintaining or leaving any obstruction or impediment there, without first obtaining a permit. Under § 12.04.010, "encroach" includes excavating, erecting a post, sign, pole, fence, guardrail, wall or loading platform, planting any tree, shrub or grass, leaving rubbish, brush, earth or other material, building a pathway, driveway, culvert, pipe, conduit or cable, lighting a fire, and moving prohibited oversize or overweight vehicles. The director is the director of public works or an authorized designee. City employees acting in official duties are exempt (§ 12.04.040), and § 12.04.060 lets a public utility make emergency excavations, provided it applies for a permit within one calendar day after city offices reopen. No permit is issued for a loading platform in the right-of-way or a post, pole, column or structure supporting advertising signs (§ 12.04.050).
The application goes on a form prescribed by the director with a map, plat, sketch or diagram showing the exact location, dimensions, duration and purpose (§ 12.04.080). The director makes a reasonable effort to deem it complete or list deficiencies, then approves or denies, and can attach conditions reasonably necessary to protect the public interest, safety and welfare (§ 12.04.100). A denial requires written grounds (§ 12.04.110). An applicant who objects to a condition must give written notice within three days of issuance, which voids the permit.
Permittees must carry general liability and property damage insurance of not less than one million dollars per occurrence and two million dollars general aggregate, naming the city as additional insured (§ 12.04.120). Fees are set by city council resolution and deposited before issuance, covering the permit, field investigation and inspection (§ 12.04.140). The director can require a cash deposit or surety bond (§ 12.04.190). The permittee must notify the director at least twenty-four hours before work starts (§ 12.04.250), schedule an inspection within ninety days of issuance, and the permit expires ninety days from the inspection date unless the permit states otherwise. A permit for continuing a previously authorized use runs one year (§ 12.04.150). Long-term encroachments can instead use an encroachment license agreement (§ 12.04.240), and a permit can be suspended or revoked under § 12.04.420.
For unpermitted encroachments, § 12.04.030(B) lets the director send written notice. The owner has thirty calendar days to remove it and restore the right-of-way or apply for authorization, after which the city can remove it immediately and bill all direct and indirect costs.
Violations & Fines
Under § 12.04.430, each day of violation is a separate offense. An infraction carries a fine not exceeding two hundred fifty dollars for a first violation, five hundred dollars for a second, and one thousand dollars for each later violation within twelve months. After a third violation in twelve months the city can issue a misdemeanor citation, punishable by a fine up to one thousand dollars, up to six months in County Jail, or both. Administrative citations carry the same fine tiers, and a violation is a public nuisance subject to summary abatement.
Frequently Asked Questions
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Sources & Official References
Other rules in Palm Desert
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