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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing agency
City of Temecula city engineer
Core rule
No right-of-way work without a permit, §18.12.020
Minor work covered
Driveway approaches, drains, tree trimming, §18.12.040(A)
Deep trenches
Cal/OSHA permit if over 5 feet deep
Application shelf life
Expires 180 days unissued, §18.24.020(B)
Max penalty
$1,000 fine and/or 6 months jail, per day
Appeal window
3 calendar days to city council, §18.27.100

Summary

Temecula requires an encroachment permit before anyone builds, digs or improves anything within a public right-of-way, including work touching the sidewalk, curb or parkway strip in front of a lot. Municipal Code Section 18.12.020 bars construction in the right-of-way without a city encroachment permit and, where applicable, state stormwater coverage, and Section 18.12.040 spells out which sidewalk-adjacent work needs one.

For work within public rights-of-way, no person shall conduct any construction without first having obtained an encroachment permit in accordance with this title and without having obtained coverage under the State Water Resources Control Board's NPDES permit for construction activity, if applicable. Excavations shall meet all state and federal regulations including, but not limited to, any trench greater than five feet deep. Cal/OSHA permits shall be obtained, as required. ... The city engineer may issue an encroachment permit for minor construction-related improvements within the public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Said minor construction-related improvements may include: driveway approaches, drains, street closures, oversize transport, tree trimming, utility work, etc.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4862229; v11 updated 2026-04-14).

Full Breakdown

Section 18.12.020 of the Temecula Municipal Code states that "for work within public rights-of-way, no person shall conduct any construction without first having obtained an encroachment permit," and adds that any trench deeper than five feet must also meet state and federal excavation standards and carry a Cal/OSHA permit. The right-of-way includes the sidewalk, parkway and curb frontage along a private lot, so anything from a new driveway approach to a drainage tie-in touching that strip needs sign-off from the city engineer before work starts.

Section 18.12.040(A) splits the permit into major and minor categories. Major improvements, street work, storm drains, sewer or water lines, and traffic signals go through full plan review. The code separately lists minor work: "driveway approaches, drains, street closures, oversize transport, tree trimming, utility work, etc." covers most sidewalk-adjacent projects a homeowner or contractor is likely to file for. Section 18.12.080 requires the application to include construction plans, soils and geotechnical reports where relevant, proof of NPDES coverage, and payment of city engineer fees, with plans stamped by the engineer of record for regulated work. An encroachment permit application submittal expires in 180 days if no permit is issued, per Section 18.24.020(B), forcing a fresh submittal and new fees.

Violations & Fines

Working in the right-of-way without an encroachment permit is a Title 18 violation. Section 18.27.040 makes any such violation a misdemeanor punishable under Chapter 1.20 by a fine of up to $1,000, up to six months in county jail, or both, with every day the unpermitted work continues counted as a separate offense. Unpermitted encroachment also qualifies as a public nuisance under Section 18.27.080, and the city engineer can order the work stopped under Section 18.27.140. Permit decisions may be appealed to the city council within three calendar days under Section 18.27.100.

Frequently Asked Questions

Do I need a permit to replace my driveway approach in Temecula?
Yes. A driveway approach crosses the public right-of-way and is listed as minor work under Section 18.12.040(A)(3), so it needs an encroachment permit from the city engineer before you cut into the curb, sidewalk or parkway.
What counts as the public right-of-way in Temecula?
It includes the street, curb, sidewalk and parkway strip in front of a property up to the private property line. Section 18.12.020 requires an encroachment permit for any construction touching that strip, plus Cal/OSHA coverage for trenches deeper than five feet.
How long is an encroachment permit application valid?
Under Section 18.24.020(B), an application submittal expires 180 days after filing if the city has not issued a permit, and the applicant must resubmit and pay new plan-check fees at the city's current rate.
What happens if I dig up the sidewalk without a permit?
The city engineer can issue a stop-work order, treat the unpermitted work as a public nuisance under Section 18.27.080, and refer it for misdemeanor prosecution under Section 18.27.040, which carries up to a $1,000 fine or six months in jail per day of violation.

Sources & Official References

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