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

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

Key Facts

Permit required from
City engineer, before any encroachment
Citation
SMC § 13.08.030
Civil penalty
Up to $1,000 per day, plus attorney's fees
Criminal penalty
Misdemeanor under Chapter 1.04, per-day offense
Insurance minimum
$500,000 for excavations over 6 inches deep
Key exemptions
Trees, tree easements, temporary signs, emergency utility cuts

Summary

Sunnyvale requires a city engineer-issued encroachment permit before anyone builds, plants or places anything in the public right-of-way, under Municipal Code Section 13.08.030. Unpermitted encroachments are a public nuisance the city can abate, and owners with unpermitted work in place before the chapter's effective date had to apply by April 1, 1995 or risk removal.

(a) Except as otherwise provided in Section 13.08.040, it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the city engineer. (b) Encroachment permits shall be issued by the city engineer upon such conditions the city engineer deems necessary to protect the public interest, safety and welfare.

Full Breakdown

030(c)). 040). 060). 080). 470).

Violations & Fines

Encroaching without a permit is a misdemeanor punishable under Chapter 1.04, with each day of violation a separate offense, and the city may also pursue civil penalties up to $1,000 per day plus its attorney's fees and costs under Section 13.08.480. An unpermitted encroachment is a public nuisance the city can abate under Chapter 9.26, and existing unpermitted work not brought into compliance risked city removal after 30 days' written notice.

Frequently Asked Questions

Do I need a permit to put a fence in the Sunnyvale right-of-way?
Generally no extra encroachment permit is needed if the fence or hedge complies with Section 19.48.020 or already has a miscellaneous plan approval or use permit; Section 13.08.040(f) exempts those from the separate encroachment permit requirement, though the fence still must meet the zoning code's own standards.
What insurance do I need for an encroachment permit in Sunnyvale?
Section 13.08.070 requires broad-form commercial general liability insurance naming the city as an additional insured, in at least $500,000 combined single limit if the work involves excavation deeper than six inches, or $300,000 for shallower or non-excavation work, kept in force until the city engineer accepts the completed work.
What happens if I build something in the right-of-way without a permit?
The city can treat it as a public nuisance and abate it under Chapter 9.26, charge civil penalties up to $1,000 per day under Section 13.08.480, plus recover its attorney's fees, and prosecute the encroachment as a misdemeanor under Chapter 1.04 with each day counted as a separate offense.

Sources & Official References

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