Temecula, CA Sidewalk & Pedestrian Rules: Encroachment Permits (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.
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?
What counts as the public right-of-way in Temecula?
How long is an encroachment permit application valid?
What happens if I dig up the sidewalk without a permit?
Sources & Official References
Other rules in Temecula
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How other cities in Riverside County handle encroachment permits.