San Bernardino, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permitting authority
- Director of Development Services
- Application lead time
- 48 hours before work starts
- Security required
- Deposit or bond for inspection/repair
- Blanket permit term
- 12 months for utilities
- Street cut moratorium
- 5 years after new construction
- Penalty
- Misdemeanor under § 1.12.010
Summary
San Bernardino requires a written encroachment permit before anyone excavates, obstructs, or puts a sidewalk, street, or public right-of-way to private use. The Director of Development Services issues the permit only after a 48-hour-advance application, a plat of the work, and a deposit covering inspection and repair costs.
It is unlawful for any person to make excavations or encroachments in or under the surface of any street, sidewalk or public place, for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose except the installation of poles and anchors serving overhead lines without first: (1) Making and filing a written application with the Director of Development Services a minimum of 48 hours prior to starting any excavation or encroachment...; (2) Receiving a written permit from the Director of Development Services; and (3) Making a deposit or other acceptable security to cover the cost of installation including: (a) Inspection; (b) Restoring the street or sidewalk to its original condition...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Supplement contains: Local legislation current through Ord. MC-1666, passed 8-5-2026).
Full Breakdown
020 defines ENCROACHMENT broadly: to encroach upon, obstruct, or close any public street, alley, court, sidewalk, or portion of it for any purpose, expressly including construction, parking, sales, advertising, or any private usage of public right-of-way. 060(C), it is unlawful to make an excavation or encroachment in or under a street, sidewalk, or public place for installing, repairing, or removing any pipe, conduit, duct, or tunnel, or for any other purpose except pole/anchor installation for overhead lines, without first filing a written application with the Director of Development Services at least 48 hours before starting work (utility franchise holders get next-business-day filing for emergencies), receiving a written permit, and posting a deposit or acceptable security covering inspection, restoration of the street or sidewalk to original condition, and incidental expenses.
060(D) requires the application to list the applicant's name and address, a detailed description and square footage of the work, and a scaled plat showing right-of-way lines, curb lines, underground utilities, and the trench dimensions. 070 sets a non-refundable right-of-way construction permit fee by council resolution, with a separate blanket permit (valid 12 months) available to public utilities for minor or emergency work. 100 adds a deposit before the permit issues to cover inspection, plan review, and repair/replacement, billed as a percentage of estimated construction cost.
055 also bars cutting a street surface within five years of city acceptance of new construction (three years for seal-coated or micro-surfaced streets) absent a Director exception.
Violations & Fines
Violating any provision of Chapter 12.03, including working without a permit or outside the approved plat, is a misdemeanor punishable under § 1.12.010, and the city may still pursue any other remedy allowed by law, such as ordering restoration work at the applicant's cost under § 12.03.130 or drawing on the posted deposit.
Frequently Asked Questions
Do I need a permit to place something on the sidewalk in front of my San Bernardino property?
How far in advance must I apply for an encroachment permit?
What does the application need to include?
Is there a fee to obtain the permit?
Sources & Official References
Other rules in San Bernardino
California rules heatmap·Compare San Bernardino to another location·View the California sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in San Bernardino County handle encroachment permits.