Whittier, CA Sidewalk & Pedestrian Rules: Encroachment Permits (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
WMC 12.20.010(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. Section 12.20.020 splits encroachments into major, such as basement vaults, bridges, retaining structures over three feet high, or fences over six feet, requiring a permit granted by city council resolution at its sole discretion (12.20.010(G)(2)); and minor, such as bike racks, benches, driveways, and fences under six feet, approved directly by the city engineer (12.20.010(G)(3)).
Permit applications require a site sketch or plan and, for major encroachments, posting a notice of intent to encroach before city council consideration (12.20.030(A)-(B)). A security deposit, cashier's check, certificate of deposit or surety bond, may be required and stays in force up to one year after work completes (12.20.030(C)). Fees are set by council resolution (12.20.010(H)). Denials of minor-encroachment permits may be appealed to the city council within thirty days of the decision (12.20.030(B)(3)); major-permit variance denials may be appealed within ten days with a filing fee (12.20.010(B)).
Prohibited encroachments include loading docks, underground tanks or vaults (except utility-owned), and permanent advertising-sign structures (12.20.080(A)). Emergency repairs may proceed without a permit if the city office is closed, provided the owner notifies police and Underground Service Alert first and applies the next business day (12.20.010(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?
Who approves a driveway or bike rack encroachment permit in Whittier?
Can I do emergency repair work in the Whittier right-of-way without a permit?
Sources & Official References
Other rules in Whittier
California rules heatmap·Compare Whittier to another location·View the California sidewalk & pedestrian rules overview
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