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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
WMC Chapter 12.20
Permit issuer (minor)
city engineer
Permit issuer (major)
city council by resolution
Minor-denial appeal window
30 days
Security deposit duration
up to 1 year after completion
Prohibited encroachments
loading docks, underground tanks, ad-sign structures

Summary

Whittier requires a city engineer permit before anyone excavates, builds, or places materials in a public street, alley or right-of-way, splitting encroachments into major (council-approved) and minor (engineer-approved) categories with fees and security deposits.

No person shall make any excavation or encroach in, lay, construct, reconstruct, remove or repair, place soil or materials, in any improved or unimproved street, alley or other public place in the city, or in, over or through any property or rights-of-way owned by the city, any curb, sidewalk, gutter, driveway, graded and oiled roadway, macadamized roadway, pavement, sanitary sewer, storm drain or culvert without first obtaining a permit in writing so to do from the city engineer and without first obtaining the lines and grades therefore from the city engineer.

Full Breakdown

010(A) bars any excavation, encroachment, construction, or placement of soil or materials in an improved or unimproved street, alley or public place, or in city-owned property or rights-of-way (including curbs, sidewalks, gutters, driveways, sewers and storm drains) without a written permit and approved lines and grades from the city engineer. 010(G)(3)). 030(A)-(B)). 030(C)). 010(H)). 010(B)). 080(A)). 010(I)).

Violations & Fines

Constructing, maintaining, or placing an encroachment without the required permit under 12.20.010(G)(1) is a public nuisance and a code violation under 12.20.010(F). Starting work before a permit issues triggers an additional permit charge under 12.20.040. No building, zoning, use, variance or right-of-way permit for right-of-way construction will be issued until the encroachment permit itself has been obtained.

Frequently Asked Questions

Do I need a permit to build a retaining wall in the Whittier right-of-way?
Yes, and if it exceeds three feet above grade it is a 'major encroachment' under WMC 12.20.020(C), requiring city council approval by resolution at the council's sole discretion, per 12.20.010(G)(2).
Who approves a driveway or bike rack encroachment permit in Whittier?
The city engineer approves these as 'minor encroachments' under WMC 12.20.010(G)(3) and 12.20.020(D), without needing city council resolution. A denial can be appealed to the city council within thirty days under 12.20.030(B)(3).
Can I do emergency repair work in the Whittier right-of-way without a permit?
Only if the city office that issues encroachment permits is closed. WMC 12.20.010(I) requires notifying the police department and Underground Service Alert first, then applying for the permit the next business day the office is open.

Sources & Official References

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