San Marcos, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

21 of the Municipal Code governs encroachments, defined broadly to include culverts, drainage or water-quality facilities, driveways, walls, fences, signs and any other structure placed on, over or under a Public Place. Sec. 020 states the core rule: no person may place, repair, maintain or change a permanent or temporary encroachment, or perform encroachment work, without a permit issued by the Director. A permit for a permanent encroachment runs with the encroachment and binds all future owners and successors-in-interest (Sec. 030(b)), and the Director may require the permittee to record a covenant against the adjacent private property memorializing maintenance and insurance terms before the permit issues (Sec.

030(c)). Applicants must provide proof of insurance satisfactory to the Director before the permit is issued and maintain it for the life of the encroachment (Sec. 040), and must pay application fees plus any ongoing use charges the Director sets (Sec. 050). A short list of items is exempt from the permit requirement, including minor architectural encroachments projecting no more than six inches into the right-of-way, vegetation under 24 inches in mature height within the parkway, mailboxes, and standard concrete or asphalt driveways (Sec. 060).

Every encroachment must avoid creating an ADA barrier on a pedestrian pathway and must not create a hazard as determined by the Director (Sec. 070). Maintenance of the encroachment, including any vegetation, irrigation or driveway installed in the right-of-way, is the adjacent property owner's obligation at no cost to the City (Sec. 080).