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Stanislaus County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Approvals needed
Board permission + road commissioner permit
Application deposit
Not less than estimated repair cost
Utility burial depth
2.5 ft minimum (§ 13.04.080)
Appeal path
Board of supervisors after rejection

Summary

Anyone excavating in a county highway or other public place, or installing a siphon, bridge, pipeline or conduit across one, needs board of supervisors permission and a road commissioner permit under Code § 13.04.020. Applicants must post a repair-cost deposit or bond and follow depth, construction and maintenance standards set through the rest of Chapter 13.04.

These county ordinances apply to unincorporated areas of Stanislaus County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It is unlawful for any person not having a franchise or other authority of law to make any excavation in or upon any county highway or other public place or to construct, install or make a new or different use of any siphon, bridge, pipeline, conduit or similar structure in, along, upon or across any county highway, or other public place without first obtaining permission of the board of supervisors so to do. It is unlawful for any person having permission of the board of supervisors, a franchise, or other authority of law, to make any excavation in or upon any county highway or to construct, install or make a new or different use of any siphon, bridge, pipeline, conduit or similar structure in, along, upon or across any county highway, or other public place without first applying for and obtaining a permit from the road commissioner as provided in this chapter.

Full Breakdown

020 of the Stanislaus County Code requires two layers of approval before anyone disturbs a county highway or other public place for a private installation. First, it is unlawful to excavate, or to construct, install, or make a new or different use of any siphon, bridge, pipeline, conduit or similar structure in, along, upon or across a county highway without first obtaining the permission of the board of supervisors, unless the applicant already holds a franchise or other legal authority. Second, even a person who holds board permission, a franchise, or other legal authority still cannot excavate or install without separately applying for and obtaining a permit from the road commissioner.

120). 130). 090). 140 lets the road commissioner issue narrower encroachment permits to public agencies, or to any person building an encroachment that merely crosses the right-of-way, without a separate board order.

Violations & Fines

Excavating or installing a structure in a county highway without board permission and a road commissioner permit is unlawful under § 13.04.020. The road commissioner can require the permittee to correct noncompliant work, and a permittee who fails to compact, resurface, or repair settlement damage after installation remains responsible for those repairs under § 13.04.160, in addition to forfeiting the repair-cost deposit posted with the application.

Frequently Asked Questions

Do I need county approval to run a pipe under a county road?
Yes. Under § 13.04.020, installing a pipeline, conduit, siphon or similar structure across a county highway requires board of supervisors permission first, and then a separate excavation permit from the road commissioner before any digging starts.
What has to be in the permit application?
Section 13.04.110 requires the estimated cost of repairing highway damage, plans and a description of the excavation, its location, the estimated time to finish the work, why the excavation in the highway is necessary, and the proposed start date.
How deep does a utility line have to be buried under a county road?
At least two and one-half feet below the highway surface at the point of installation, per § 13.04.080; the road commissioner may allow up to a six-inch variance if an existing obstruction prevents that depth, under § 13.04.090.

Sources & Official References

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