Kern County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required
- Kern County Code § 12.16.020
- Issuing office
- Director of Roads, county of Kern
- Emergency exception
- Utility repairs, unimproved roads only
- Cattle guards
- Separate permit under § 12.16.040
- Penalty
- Misdemeanor under § 12.16.140
- Restoration duty
- Repair/restore or county bills the cost
Summary
Digging, excavating, placing material, or building curbs, driveways or other improvements in a public highway right-of-way in unincorporated Kern County requires an encroachment permit from the director of roads under Chapter 12.16, with a narrow exception for emergency utility repairs on unimproved roads.
It is unlawful for any person, firm or corporation to dig in, excavate, plow up, tear up, fill, cover, disturb or change any part of the portion of any public highway in the county, or to place any obstruction or pile any material on the surface of any highway, without first obtaining a permit therefor, and doing such work in the manner as provided in this chapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 59 Update 1).
Full Breakdown
020(A) requires a permit before anyone may "dig in, excavate, plow up, tear up, fill, cover, disturb or change any part of the portion of any public highway," or place an obstruction or pile material on a highway's surface. 060 requires diagrams showing the route and terminals of any pipe or conduit. 070 conditions issuance on the director finding the work necessary and properly planned, and requires a permanent marker at the installation point. 130 makes the permittee responsible for refilling excavations in tamped layers and restoring the highway to its prior condition, or the county can do the work and bill the responsible party.
Violations & Fines
Section 12.16.140 makes any violation of Chapter 12.16 a misdemeanor, and it is separately unlawful to violate the chapter, punishable under Section 1.12.030 of the county code. Section 12.16.100 adds that failing to secure an encroachment permit before starting work, or building outside the permit's terms, itself constitutes a violation of the chapter.
Frequently Asked Questions
Do I need a permit to dig in a county road right-of-way?
Is there an exception for emergency utility repairs?
What happens if I skip the encroachment permit?
Sources & Official References
Other rules in Kern County
California rules heatmap·Compare Kern County to another location·View the California sidewalk & pedestrian rules overview
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