About Encroachment Permits
- Encroachment permits are governed by the Concord Municipal Code, Article VII, Chapter 2.
- An Encroachment Permit is issued by the City and obtained by the person, firm, or organization that proposes to do work or encroach upon a public right-of-way of water course.
- Encroachment shall include going over, upon, under, or using any public right-of-way or water course in such manner as to prevent, obstruct, or interfere with it's normal use, including the performance of any of the acts listed under Article VII, Chapter 2 - Section 7203 of the Concord Municipal Code.
- An encroachment can be temporary such as an overload permit on a roadway, or they can be permanent such as a sewer connection.
- Most encroachment permits can be issued directly over the counter by Building, Engineering and Neigborhood Services staff.
- Plans for the proposed work must be reviewed and approved by Community and Economic Development Department staff prior to the issuance of the permit.
- When work is being performed subject to encroachment regulations by any person, firm or corporation, pursuant to a contract with the City, the City will issue a "no-fee" permit for such encroachment.
- No fees are required at the time of permit application review.
- Community and Economic Development Department will review the required information, determine the permit conditions, permit fees and if any additional information is required.
- Usually, the improvement plans for major subdivisions, minor subdivisions, use permits and other major projects have been approved and distributed prior to the application for an encroachment permit. In these cases, no additional plans are required with the permit application.
- For standard items of work in the public right-of-way, such as curb and gutter, sidewalk, driveways and sewer laterals, City's Standard Plans and Specification are required. The applicant will be notified of the fees due when the permit is ready for issuance. Specifications
A temporary encroachment is one which will exist for a predetermined, limited period of time, as stated in the conditions of the permit issued. Temporary encroachments include, but are not limited to:
- Obstructions due to construction
- Travel of overloaded or overwidth vehicles
- Use of sidewalk or roadway by vendors
- Building moves
Applicant must record the permanent encroachment agreement with the County Recorders Office after approval by the Planning Department and Community and Economic Development Department.
Reference: Encroachment Agreement.
No applicant shall be granted a permit for an encroachment that is planned to continue for an indefinite period of time without first entering into an encroachment agreement with the City. No encroachment agreement shall be considered or approved if the applicant has an application for a discretionary permit, license or other entitlements pending before an approving body of the City until final action on the application has been taken by the approving body. Such permanent encroachments include but are not limited to:
- Home street numbers painted on City curb
- Pipe or conduit installation
- Installation of fence, tree, hedge, etc.
- Awning overhangs
- News racks, telephone booths
- Restaurant tables in public right-of-way (Sidewalk Cafes)
The following encroachments are specifically prohibited as stated under Article VII - Section 90-205 of the Municipal Code.
No applications will be accepted nor permits issued therefore:
- Construction or maintenance of a loading dock on or in a public right-of-way
- Erection or maintenance of a post, pole, column, or structure for the support of advertising signs
- Installation or maintenance of underground tanks, vaults, or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities.
- Erection, installation, or maintenance of posts, poles, or columns for the purpose of carrying lights intended primarily for lighting of abutting private property
- Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades, or flashers required for protection of the public during construction operations
- Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or any other thing which would constrict and reduce the capacity of any watercourse to carry stormwater.
This article shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation as may be necessary for the preservation of life or property when an urgent necessity therefore arises during the hours the offices of the City are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefore within one calendar day after the offices of the City are again opened.
Fees: Fees and Charges
Liability, Indemnification of City of Concord
The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the premittee's part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the City, its officers, or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted by law.
Public Safety Requirements
The permittee, in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to this article, shall provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchguards, and other safeguards as are necessary to protect the traveling public. Any omission on the part of the Superintendent of Streets to specify in the permit what lights, barriers, or other protective measures or devices [are required] shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the Superintendent of Streets finds that suitable safeguards are not being provided, the City may provide, erect, maintain, relocate, or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.
A permittee making any excavation or erecting or leaving any obstruction within, under, or upon the right-of-way, or causing the same to be made, erected, or left, shall place and maintain lights at each end of the exaction or obstruction at no more than 50-foot intervals along the sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. Reflectorized warning signs conforming to the requirements of the state Division of Highways shall be placed 100-feet in advance of any obstruction or excavation within the traveled way in such a position as to adequately warn vehicular traffic; also, on major streets, additional similar signs shall be placed 400-feet in advance.
Reference: United States Department of Transportation's Work Zone Traffic Control Standards and Guidelines; www.whitehouse.gov
Any questions or concerns should be referred to the Building, Engineering, & Neighborhood Services of the Permit Center located at 1950 Parkside Dr., Building D, or call (925) 671-3425.