Upland, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Issuing authority
- City Engineer
- Threshold requirement
- Applicant must show legal right to occupy ROW
- Debris removal deadline
- 3 days after work completion
- Inspection notice
- 24 hours advance required
- Default penalty
- Misdemeanor, up to $1,000 / 6 months
Summary
Anyone digging or placing improvements in an Upland street, alley or other public right-of-way needs a permit from the city engineer under Municipal Code § 12.08.010, a permit the code's driveway, sign, outdoor-dining and wireless-facility provisions all reference as the 'encroachment permit' required before working within city right-of-way. The applicant must show a legal right to occupy that right-of-way before any permit issues.
It is deemed unlawful for any person to make, suffer or to cause to be made any excavation in any public right-of-way or make any improvements on, under, over or across any street, alley or public place within, and under the jurisdiction and control of the city of Upland, without first obtaining from the city a permit authorizing such work. No permit to excavate will be issued if the applicant does not have or has not demonstrated legal right or authority to occupy and use the public right-of-way for the purposes identified in the application.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4480959; v4 updated 2025-09-22).
Full Breakdown
' The city will not issue the permit unless the applicant demonstrates a legal right to occupy and use the right-of-way for the stated purpose. 030). 040). Elsewhere the code applies this same right-of-way permit by name as an 'encroachment permit,' for example before a private irrigation line may cross a public road or easement, before an outdoor dining area may extend into the public right-of-way, and before a sign may encroach over the right-of-way.
Violations & Fines
Excavating or building an improvement in the public right-of-way without first obtaining the § 12.08.010 permit is unlawful, and Chapter 12.08 sets no separate penalty, so the citywide default in UMC § 1.16.010 applies: a misdemeanor punishable by up to a $1,000 fine, up to six months' imprisonment, or both. Failing to clear debris within three days of completing the work or proceeding without the required 24-hour inspection notice is a violation of the permit conditions in § 12.08.040 and can result in the work not being accepted by the city.
Frequently Asked Questions
Do I need a permit to dig or build in the Upland public right-of-way?
Who issues right-of-way encroachment permits in Upland?
What happens if I leave debris after right-of-way work in Upland?
Sources & Official References
Other rules in Upland
California rules heatmap·Compare Upland to another location·View the California sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in San Bernardino County handle encroachment permits.