Encroachment Permits & Agreements
ENCROACHMENT PERMITS
Do I need an Encroachment Permit?
If you perform any work or store materials and equipment within the City’s right-of-way, you need an Encroachment Permit. Generally, the City’s right-of-way extends about 20-25 feet from the center of the road on most residential streets, and much wider on through-roads.
Light landscaping (ground cover, low shrubs) without irrigation may be installed in the right-of-way without a permit. However, you do so at your own risk, and anything planted within the City’s right-of-way may be removed if it conflicts with future City road or drainage construction activities.
Permanent structures such as a wall, fence, decorative mail box, or building are not allowed within the City’s right-of-way. Under special circumstances and as a last resort, you may apply for an Encroachment Agreement for these structures, which will be considered by the City, in addition to an Encroachment Permit.
How do I get an Encroachment Permit?
- Fill out Page 1 of the Encroachment Permit application form and provide the address and detailed description of the project. For work involving new or revised driveways or curb and gutter, you should also provide plans, drawings, or sketches of the project.
-
Permit applications may be emailed to EncPermits@lovelafayette.org with a copy to TKain@lovelafayette.org, or mailed to Attn: Engineering Dept., City of Lafayette, 3675 Mt Diablo Blvd, Suite 210, Lafayette CA 94549, or dropped off at the Engineering counter at City Offices during regular business hours (Mon. - Fri., 8:00 am - 5:00 pm).
-
After receipt of the application, an inspector will determine conditions the City may place on the work and, if necessary, contact you for additional information. Permit conditions and typical construction details will be shown on the issued Encroachment Permit.
-
The inspector will determine the amount of the refundable deposit required (typically $2,500), as well as the permit fee to cover the initial staff time, including initial plan check and site inspection services (typically $247.50). If applicable, additional fees, such as parking fees, additional inspections, lane or sidewalk closure fees, will be deducted from the deposit when the project is complete.
-
When the permit has been processed, you will be notified via email of the cost. Payments may be made via credit card (Visa, Mastercard, or Discover cards only), check payable to City of Lafayette, or by cash. Once the card information has been received, the permit and receipt will be issued and emailed back to you.
-
You are required to call the City's Engineering Inspection Hotline (925) 299-3277 two (2) business days prior to starting work, and again, when the work is complete, to request a final inspection. Our inspectors check the hotline daily and make every effort to respond to inspection requests on a priority basis.
-
Refunds of deposits will be processed after permits receive final inspection. Typical processing time for refunds is 1-2 weeks after permit signoff.
After the work is complete, including the removal of utility and construction identification markings, you must call the Engineering Inspection Hotline (925) 299-3277 to request a final inspection.Once your project has been inspected by the Engineering staff and signed off to indicate that all conditions of the permit have been met, the deposit, less any additional fees incurred beyond that covered by the initial permit fee (e.g., for lane or sidewalk closures, parking spaces, or additional inspections), will be refunded, generally within 1-2 weeks of permit signoff.
ENCROACHMENT AGREEMENTS
Generally, the City of Lafayette prohibits property owners from installing or maintaining any encroachments within the public right-of-way; however, property owners may be permitted to install fences, landscaping or similar improvements within the public right-of-way upon execution of an encroachment agreement authorized by the Engineering Services Manager.
As approved by Resolution No. 2013-29 of the City Council on June 10, 2013, an encroachment agreement may be authorized provided such encroachments are consistent with the following :
A. The encroachment does not conflict with an adopted street improvement or similar plan, or one that is in development or can be reasonably anticipated;
B. The encroachment does not pose a public health or safety hazard, in the opinion of the Engineering Services Manager;
C. The encroachment would not substantially obscure the main property frontage, such as an opaque fence along the front of the house; and
D. The encroachment is sufficiently set back from the street curb or edge of pavement to not inhibit the reasonable use of the area, such as passenger-side access to parked vehicles. The typical setback should be no less than three feet, unless otherwise determined to be sufficient by the Engineering Manager with due consideration of prevailing surrounding conditions.
Within 30 days of receipt of a complete application, a request for an encroachment will be approved, conditionally approved, or denied by the Engineering Manager, who will provide written findings in support of his or her decision with specific reference to the factors listed above.
If the encroachment is approved, it will be documented in an agreement signed by the property owner(s), who will be required to indemnify, defend and hold the City harmless from any damage to City or third-party property caused by or arising out of the encroachment. The agreement shall also require the property owner(s) to remove or relocate the encroachment at any time at the owner's sole expense whenever deemed necessary or advisable by the City. Other terms and conditions may be included by the Engineering Manager in the agreement, as deemed necessary or advisable.
How do I apply for an Encroachment Agreement for structures in the public right-of-way?
1. Submit a letter requesting the Encroachment Agreement, including justification as to why your case represents a special circumstance under which the encroachment should be allowed, and explaining how the location of the proposed work qualifies as a last resort. Address the letter to: Engineering Dept., City of Lafayette, 3675 Mt. Diablo Blvd., #210, Lafayette, CA 94549.
2. Provide the City with a sketch or plans of the project. Include the right-of-way or property line, and the improvements contemplated by the project. Photos are beneficial.
3. Submit a check for $500.00, payable to the City of Lafayette, to cover the agreement application fee.
4. If your application is approved, the Encroachment Agreement will then be drawn up by the City and sent to you. You will need to execute the agreement in the presence of a notary and return it to the City. Also attach a legal description of your property (as shown on the Grant Deed for the property).
5. After the agreement is consummated, the applicant or his/her contractor may complete an Encroachment Permit form for construction of the work. Submit a check for $247.50, payable to the City of Lafayette, to cover the permit fee. Once the permit (covering the specific conditions and requirements for construction of the work in the City's right-of-way) is ready to be issued, an additional payment, typically $2,500, will be due as a refundable deposit, returnable upon satisfactory completion of the work covered by the permit.