Santa Clara, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing law
- City Code § 12.25.030
- Permit office
- City Engineer
- Fees
- 5 fees: processing, engineering, marking, slurry seal, archiving
- Max misdemeanor penalty
- $1,000 fine and/or 6 months jail
- Civil penalty
- Up to $1,000 per day of violation
Summary
Anyone who wants to cut, open or excavate a Santa Clara street, curb, gutter, driveway, sidewalk or other public right-of-way, or install pipes, conduits or utility structures there, needs an encroachment permit from the City Engineer under Section 12.25.030. Applicants must show a valid business license, cover engineering, inspection and pavement fees, and may need a performance bond.
An encroachment permit ("permit") shall be required of any person seeking to use or make cuts, openings or excavations in or under the surface of any street, curb, gutter, driveway, sidewalk or any other portion of the public right-of-way or City easement for the repair, installation, removal, or construction of any pipe, conduit, duct, tunnel, vault, wire, cable, utility structure, utility cabinet, or for any other purpose.
Full Breakdown
030 requires an encroachment permit before anyone cuts, opens or excavates a street, curb, gutter, driveway, sidewalk or other public right-of-way or City easement, or installs a pipe, conduit, duct, tunnel, vault, wire, cable or utility structure there, or uses the right-of-way for nearly any other purpose. 040 routes the application to the City Engineer's office, and requires the permittee to first locate existing underground facilities such as sewer, electric, gas, communications and storm drain lines, notify their owners, and submit scaled construction plans signed by a registered civil engineer where required.
060 conditions every permit on proof of a valid City business license, proof of other agency permits (state, county, Santa Clara Valley Water District, and railroads are specifically listed), cooperation on shared trenching, adequate insurance, on-site safeguards, and at least one full working day's notice to the City before construction begins. 130 lists five separate fees the City charges: a processing fee, an engineering and inspection fee, a field marking fee for locating sewer and storm drain lines, a slurry seal fee for new asphalt, and a record drawing archiving fee, each set at the City's current adopted rate. 120 lets the City Engineer require a faithful performance bond or labor and material bond sized to the project. 090.
Violations & Fines
Section 12.25.220 makes every violation of the encroachment chapter a misdemeanor by default, punishable by up to $1,000 and six months in County Jail, though the City Attorney may instead prosecute it as an infraction escalating from $100 for a first offense to $500 for a third or later offense within a year. Violators also face civil liability to the City of up to $1,000 per day, and each day a violation continues is a separate offense under Section 12.25.220(d).
Frequently Asked Questions
Do I need a permit to dig up a sidewalk or street in Santa Clara?
What fees does an encroachment permit involve?
What happens if I dig in the right-of-way without a permit?
Sources & Official References
Other rules in Santa Clara
California rules heatmap·Compare Santa Clara 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.