What Is an Encroachment Permit?

What an Encroachment Permit Authorizes

An encroachment permit gives permission to occupy or work within the public right-of-way for a defined purpose and time. Because that space belongs to the public and is managed by an agency, work there generally cannot proceed without authorization.

The permit usually comes with conditions that shape how, when, and where the work may happen, such as allowed hours, required notices, pedestrian provisions, and restoration of the area afterward.

When You May Need One

An encroachment permit is commonly required when work affects a street, sidewalk, curb, or other public space, including utility connections, paving, excavation, and staging equipment in the right-of-way.

Whether one is required, and which agency issues it, depends on who owns the roadway. In California, for example, work within state right-of-way such as a highway generally requires a Caltrans encroachment permit, while work on county roads or city streets requires a permit from the relevant local agency.

How It Relates to a Traffic Control Plan

An encroachment permit and a traffic control plan are related but separate. The permit grants permission to work in the right-of-way, while the traffic control plan shows how traffic and pedestrians will be managed during that work.

Often the permit will reference or require an approved traffic control plan as one of its conditions. Meeting the plan but ignoring a permit condition, or vice versa, can still create compliance problems.

Common Issues With Encroachment Permits

A frequent problem is starting work before the permit is approved, which means the work is not yet authorized. Another is keeping an outdated copy on site after conditions or plans have been revised.

• Working in the right-of-way without an approved permit.
• Submitting to the wrong agency for the roadway involved.
• Overlooking permit conditions such as hours or required notices.
• Not having the permit and its conditions available during an inspection.