Merced County, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- any work in county road right-of-way
- Driveway permit fee
- $102
- Major project security
- 100% of construction cost
- Advance notice
- 24 hours before work starts
- Violation penalty
- misdemeanor under § 1.28.030
- Enforcing agency
- Dept. of Public Works, road division
Summary
Merced County requires an encroachment permit from the Department of Public Works before anyone digs, builds, or installs a driveway, pipe crossing, or utility line within, under, or over a county road right-of-way. The permit chapter supplements the Streets and Highways Code and applies to individuals, contractors, corporations, utilities, and other government agencies working on county highways.
The purpose of this chapter is to supplement the Streets and Highway Code, Division 2, Chapter 5.5, The Care and Protection of County Highways by defining the procedures which the county will follow and the fees that will be charged related to the issuance of encroachment permits on county highways. All individuals, contractors, corporations, utilities, and other governmental agencies proposing to conduct any activity not authorized by the vehicle code, within, under or over any county roadway must first obtain an encroachment permit issued by the county prior to conducting that activity. However, contractors already under contract with the road division of public works to perform work within such roadways or private and public surveyors conducting activities within said roadways are not required to obtain an encroachment permit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4930839; v8 updated 2026-06-02).
Full Breakdown
30 sets the encroachment permit system administered by the Public Works road division. A minor non-utility permit costs $102 for a driveway or shoulder-area work and $147 for pipe crossings or pavement-area work. 74% above $725,000. Utility companies can obtain an annual maintenance permit for $58 or a specific project permit priced by improvement value; work within the recovery zone outside the right-of-way carries no charge. Applicants must submit improvement plans prepared by a licensed professional on major projects, a certificate of workers' compensation insurance under Labor Code Section 3800, and written permission from any storm drainage, sewer, water, or irrigation district whose facilities the work would alter.
Major projects must post security equal to 100% of estimated construction cost for performance and 50% for labor and materials. Applicants must notify the road division at least 24 hours before starting work, except emergency repairs, which require notice by the end of the next business day. Contractors already under a road-division contract and licensed land surveyors performing survey work are exempt from the permit requirement entirely.
Violations & Fines
The Director of Public Works may cite anyone doing unpermitted work in a county road right-of-way, and a violation of Chapter 13.30 is a misdemeanor punishable under Merced County Code Section 1.28.030. The Director can also revoke a permit if work isn't completed on schedule, then finish the job with county forces or an outside contractor and bill the applicant for the cost.
Frequently Asked Questions
Do I need a permit to put in a new driveway off a county road in Merced County?
What happens if I do the work without a permit?
Are utility companies required to get a new permit for every repair?
Is there an exception for emergency utility repairs?
Sources & Official References
Other rules in Merced County
California rules heatmap·Compare Merced County to another location·View the California sidewalk & pedestrian rules overview
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