San Diego County, CA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Governing section
- County Code § 71.602
- Applies to
- Unincorporated county highways, sidewalks, trails
- Permit issued by
- Director, Dept. of Public Works
- First-offense fine
- Up to $100 (§ 11.116(c)(1))
- Permit revocation notice
- 5 days (§ 71.115)
- Definition scope
- Poles, pipes, fences, driveways, signs, structures
Summary
In unincorporated San Diego County, no one may place, change, or renew an encroachment, meaning a pole, pipe, driveway, fence, billboard, sign, structure, or similar object in, under, or over a county highway, pathway, sidewalk, or trail, without first getting a written permit from the Director of Public Works under Section 71.602. Working without one is charged as an infraction under Section 71.117.
SEC. 71.602. PERMIT REQUIRED. No person shall place, change or renew an encroachment in, under or over any portion of a highway, pathway or trail, without first obtaining from the Director a written permit in accordance with this chapter and with Chapter 1 of this division. (m) "ENCROACHMENT" means any tower, pole, poleline, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned herein, which is placed in, under or over any portion of the highway. SEC. 71.117. VIOLATIONS. Except where otherwise specifically provided by this division, every person is guilty of an infraction who, before obtaining a construction, excavation or encroachment permit from the Director so to do: (b) Makes or causes to be made any excavation, fill or obstruction of, or lays, constructs or repairs any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway. (c) Places, changes or renews any encroachment in, under or over any portion of a highway.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-141: Administrative: Current through Ord. No. 11007 (N.S.), effective 7-10-26 | Regulatory: Current through Ord. No. 11008 (N.S.), effective 7-24-26).
Full Breakdown
101(e) extends "highway" to any public street, way, or place in the unincorporated territory. 601. 604 holding the county harmless for any resulting accident, loss, or damage. 322 if the permit is silent. 609 to guarantee protective measures and restoration. 115, and the Director can order the encroachment removed or relocated within a set time. 607 obligates the permittee to restore the highway, pathway, or trail to as-good-or-better condition. 119.
Violations & Fines
Section 71.117 makes it an infraction to place, change, or renew an encroachment, or to obstruct a curb, sidewalk, gutter, driveway, retaining wall, storm drain, or culvert before obtaining the required permit. Absent a more specific fine, the general infraction schedule at Section 11.116(c) applies: up to $100 for a first violation, up to $200 for a second within a year, and up to $500 for a third within that year. The Director may revoke an existing permit on five days' notice and order removal at the permittee's expense.
Frequently Asked Questions
What counts as an "encroachment" that needs a permit?
Who issues the permit and what has to be in the application?
Can the county force removal of something I put in the right-of-way?
What happens if I place a fence or structure in the right-of-way without a permit?
Sources & Official References
Other rules in San Diego County
California rules heatmap·Compare San Diego County to another location·View the California sidewalk & pedestrian rules overview
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