San Benito County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- County Road Commissioner
- Applies to
- Surface or buried encroachments
- Scope
- Unincorporated county roads only
- Authority limit
- Health, safety, roadway protection only
Summary
Placing anything within an unincorporated San Benito County road right-of-way, surface or buried, requires a permit from the county Road Commissioner, who can only impose conditions protecting public health, safety, and the roadway itself.
Any encroachment within the right-of-way of any county road or road offered for dedication to the county, either on the surface or roadway, or buried, will not be permitted without first obtaining a permit from the county's Road Commissioner. The permit shall set forth the conditions under which it is granted, and the authority of the Road Commissioner in granting or denying a permit is hereby limited to requirements affecting the public health and safety, and the protection of the roadway surface and related facilities.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).
Full Breakdown
Under San Benito County Code § 19.27.004, any encroachment within the right-of-way of a county road or a road offered for dedication to the county, whether on the surface, on the roadway, or buried underground, is barred without a permit from the county's Road Commissioner. The permit sets the conditions for the work, but the Road Commissioner's authority to grant or deny is limited to protecting public health and safety and the roadway surface and related facilities. This applies only in unincorporated San Benito County; Hollister and San Juan Bautista administer their own encroachment permits inside city limits.
Violations & Fines
Encroaching without a permit is a code violation the Road Commissioner and County Counsel can enforce; unauthorized work in the right-of-way is subject to removal at the encroacher's expense.
Frequently Asked Questions
Do I need a permit to run a buried utility line under a county road?
Does this rule apply inside Hollister?
Sources & Official References
Other rules in San Benito County
California rules heatmap·Compare San Benito County to another location·View the California sidewalk & pedestrian rules overview
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