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

Some Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit required: Before any private use of right-of-way (§ 11.04.030.010(A))
Insurance: $1,000,000 general liability naming city (§ 11.04.030.030)
Exempt: Small architectural features up to 4 feet (§ 11.04.030.020(I))
Major encroachments: Need revocable license agreement (§ 11.04.050)
Unpermitted encroachment: Public nuisance, abatable under Title 1
Emergency suspension notice: Written notice within 3 working days (§ 11.04.030.130)

Summary

Anyone who wants to place a structure, landscaping, a debris box, scaffolding or any other private improvement in a San Rafael public street or sidewalk needs an encroachment permit from the director of public works first. The permit comes with mandatory $1 million liability insurance, city indemnification, and construction standards, and an unpermitted encroachment is itself a public nuisance the city can abate.

It is unlawful for any person, utility or special district to encroach or to make or to cause to be made any encroachment without first having obtained the required encroachment permit or license from the director as prescribed in this chapter. The requirements herein for an encroachment permit or license shall be in addition to any other permit that may be required under this code for the work proposed. ... As a condition of issuance of a permit or license pursuant to this chapter, the applicant or the contractor who is to perform the work shall secure, at its expense, a policy of broad form commercial general liability insurance naming the city as an additional insured in an amount not less than one million dollars ($1,000,000.00) and in a form as approved by the director. ... Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the city under Title 1 of this code, or under state law.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

020 to include going upon, over or under the right-of-way or otherwise obstructing or modifying its intended use, without first obtaining an encroachment permit or license from the director of public works. 020). 040). 050). 030). 090).

Violations & Fines

An encroachment placed without the required permit or license is both a Chapter 11.04 violation and a public nuisance the city may abate under Title 1 (§ 11.04.030.010(C)). Violations can be charged as an infraction or misdemeanor, or pursued through any other Title 1 or state-law remedy (§ 11.04.030.140). The director may also immediately suspend a permit without a prior hearing when public safety is in imminent danger, but must give written notice within three working days, and the permittee can request a city manager hearing within fifteen days (§ 11.04.030.130).

Frequently Asked Questions

Do I need a permit to put a fence or planting bed in the San Rafael right-of-way?

Generally yes. Section 11.04.030.010(A) requires an encroachment permit before anyone places landscaping, a fence, or another physical improvement in the public right-of-way. A fence or wall over three feet tall that protects a public street or walkway is treated as a major continuing encroachment and needs a revocable license agreement with the city rather than a routine minor permit, per Section 11.04.050.

What insurance does an encroachment permit require?

Section 11.04.030.030 requires the applicant or its contractor to carry broad-form commercial general liability insurance naming the city as an additional insured for at least $1,000,000, in a form the public works director approves. The director can increase, decrease, or waive that amount for special circumstances, and utilities or special districts already authorized by law to use the right-of-way are exempt from the insurance rule.

Is a temporary debris box or dumpster in front of my house exempt from a permit?

No. A dumpster or debris box placed in the public right-of-way is treated as a temporary encroachment under Section 11.04.020(Q) and needs a minor encroachment permit under Section 11.04.040, even though its stay is limited to one year or less. Only the narrow exemptions listed in Section 11.04.030.020, like small architectural features or city contract work, skip the permit step.

What happens if I encroach on the right-of-way without a permit in San Rafael?

The unpermitted encroachment is a violation of Chapter 11.04 and is separately declared a public nuisance the city can abate under Title 1 of the municipal code, per Section 11.04.030.010(C). The violation itself can be charged as an infraction or misdemeanor or pursued through any other remedy under Title 1 or state law, per Section 11.04.030.140.

Sources & Official References

[1]San Rafael Municipal Code, Chapter 11.04 (Municode)

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