San Jose, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Minor encroachment approver
- Director of Public Works
- Major encroachment approver
- San Jose City Council
- Removal deadline after notice
- 30 days
- Permit status
- Revocable license, not a right
- Governing chapter
- SJMC Chapter 13.37
Summary
San Jose requires a Public Works encroachment permit before placing any structure or object on public right-of-way; unauthorized encroachments are unlawful and the owner must remove them within 30 days or the City removes it and bills them.
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 another provision of this code. If the owner does not remove the Encroachment ... within thirty (30) days of the City's notification, the City shall have the right to immediately remove the illegal Encroachment and restore the Public Property, and the owner shall be liable for all of the City's direct and indirect costs and expenses.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
San Jose Municipal Code Chapter 13.37 governs Encroachment Permits for any structure, improvement, or object placed on Public Property, including sidewalks and other right-of-way. Minor Encroachments, planters, benches, bike parking, dining facilities, are approved by the Director of Public Works; Major Encroachments, like foundations, vaults, or retaining walls, require City Council approval and a recorded Encroachment Agreement. Every permit is a revocable license: the City can terminate it for a public purpose, nuisance, or default, and the permittee must carry insurance and indemnify the City. Encroachments installed without a permit are unlawful and must be removed within 30 days of notice or the City removes them at the owner's expense.
Violations & Fines
Installing an unpermitted encroachment on public right-of-way is unlawful under SJMC 13.37.200; the City can order removal within 30 days, then remove it and bill the owner for all costs.
Frequently Asked Questions
Do I need a permit to put a planter or bench on the sidewalk in San Jose?
What happens if I install something in the right-of-way without a permit?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Santa Clara County handle encroachment permits.