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

Tustin City Code § 7231 sets the core permit requirement for private work in the public right-of-way: it is unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall or storm drain or culvert in, over, along, across or through any highway without first obtaining a permit from the Commissioner, defined in § 7230 as the City's Street Commissioner. Section 7232 spells out the application process, requiring the location, nature and extent of proposed work and the materials to be used, and letting the Commissioner demand engineering plans prepared by a competent engineer or require changes to protect the highway and traffic safety.

Every application must be accompanied by a $1.00 issuance fee that is nonrefundable regardless of the application's outcome, and, except for curbs, walks, gutters or highway surfaces where no engineering or inspection fee applies, an additional deposit: $1.50 for a residential driveway or culvert, $10.00 for a commercial driveway, and for other work, an amount the Commissioner estimates at twice the actual engineering and inspection cost. Public agencies that file a written guarantee of payment are exempt from the deposit under § 7232g, and applicants who overpay may recover the difference, capped by a $1.50 final-inspection charge, under § 7232h.

Once an applicant complies with the Part and other applicable ordinances, § 7232i directs the Commissioner to issue a written permit. This permit requirement, adopted by Ord. No. 197, is the general street improvement/encroachment permit that other Code chapters reference when they require an 'encroachment permit' for work like newsrack installations or construction staging in the right-of-way.