Encroachment Permits

What is an Encroachment Permit and why do I need one?

An Encroachment Permit is required whenever work is proposed within the public right-of-way, City held easements, or City owned property such as public parks. An Encroachment Permit assures that public property will be treated in a safe and appropriate manner before, during, and after your project is complete. Larger projects require Formal Improvement Plans(PDF, 702KB). See Standard Encroachment Details(PDF, 3MB) for more information.

Typical examples of work requiring an encroachment permit include:

  • Trenching across public right-of-way for installation of water, sewer, storm drain, cable, and other underground utilities
  • Construction of curb, gutter, sidewalk, driveway, and roadway pavement
  • Water monitoring and extraction wells, soil sample borings; Installation of signs and newspaper racks

Typical permit requirements may alert the public to an obstruction, protect the public from accidents, prevent urban runoff of pollutants, set time limits for completion of the work, or require levels of cleanliness or restoration. This protects the public and the taxpayer’s investment in public infrastructure.

Where is the Public Right-of-Way?

Typically, all public streets, including curbs, parkways, sidewalks, and in some cases areas behind sidewalks, are within the public right-of-way. Please visit the Engineering Counter at City Hall to verify whether a project encroaches into public right-of-way. You may be able to get preliminary information satisfactory for your use by email if adequate description is provided.

How do I get an Encroachment Permit?

Please submit a completed Encroachment Permit Application(PDF, 6MB) included in the Encroachment Permit Handout, which also contains a detailed list of all other actions and documents required for initial submittal to the Engineering Division.

The City requires that applicants show proof of a general liability insurance policy in the amount of $1,000,000 in order to perform construction work in the public right of way. The insurance policy must list the City of Dana Point as an additional insured.

A $50.00 non-refundable administrative filing fee is due upon application submittal. Additional fees will be required at time of issuance for required inspections and are based upon the scope of work. Unfortunately, we are unable to accept funds or issue permits online at this time, but we are open Monday through Thursday between 7:30 a.m. and 5:30 p.m. and Friday between 7:30 a.m. and 4:30p.m.

The Remaining Fees and Deposits will be due at Permit issue. See Fees Schedule.

What other documents do I need besides what is included in the Encroachment Handout?
You are responsible to create a Water Quality Protection Best Management Practice (BMP) Report based on the Priority Level assigned to your project. A Report Template is provided in your Encroachment Permit Handout(PDF, 298KB).

The applicant takes the Report Template with basic BMPs already checked and adds any addition BMPs that specifically apply to their project. Additional BMPs can be found at www.cabmphandbooks.com. Print both the standard items originally checked in the Template, and additional items you decide are applicable to your project, and submit those items attached to the Report Template for 1st Submittal.

If you are proposing repairs or construction affecting streets, see the Street Moratorium Map(PDF, 8MB)If your construction affects a street shown on the map, authorization to submit the permit application will be required from the City Engineer

Upon issue of the Encroachment Permit, the person or contractor responsible for accomplishing the work is required to be familiar with and acknowledge receipt of the Standard Encroachment Conditions(PDF, 274KB).

Most of the permit processes are best handled at the Engineering Counter. However, you may contact Engineers by email at ROWPermits@danapoint.org or by phone at (949) 248-3554.