City of Lafayette -- Encroachments http://www.ci.lafayette.ca.us/index.asp?Type=B_BASIC&SEC=%7B3D...

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Encroachments

Do I need a permit?
If you perform work within the City’s right-of-way, you need an Encroachment Permit.
Generally, the City’s right-of-way extends approximately 20-25 feet from the center of the
road on most residential streets, and much wider on through roads.
Administration
If you wish to construct a permanent structure such as a wall, fence, or building, you need
Code Enforcement to obtain an Encroachment Agreement, which must be approved by the City Council, in
addition to an Encroachment Permit.
Engineering

Transportation There is however, one exception:

If you plant some form of light landscaping without irrigation, no permit is required.
Parks & Recreation
However, you do so at your own risk, and anything planted within the City’s right-of-way
Planning may be removed if it conflicts with City road or drainage construction activities.
Police
How do I get a permit?
Public Works
1. Fill out the Encroachment Permit form application and provide the address and detailed
description of the project. You also need to provide plans, drawings, or sketches of the
project.

2. After you complete the Encroachment Permit, one of the City’s engineers will visit the
job site to determine conditions the City may place on the project. Typical conditions are
on the back of the Encroachment Permit form. If necessary, the engineer will call you.

3. The engineer will then determine the amount of the refundable deposit ($500 minimum)
as well as the permit fee to cover staff time ($187.50 minimum, effective 7/1/06)

4. Someone from the City offices will then contact you (typically within 72 hours) and let
you know that your Encroachment Permit has been processed. You can then submit your
payment for the fees and deposit, and pick up your permit. You are also required to
contact the City’s offices 24 hours prior to starting work (see permit for details).

Search How do I get my deposit back?

GO After the work is complete and inspected by one of the City’s engineers and all conditions
of the permit have been met, including the removal of utility and construction identification
Full Site
markings, the deposit will be refunded. The City Council has to authorize the release of this
This Section money, and the Council only meets twice a month, so it may take up to 3 weeks to receive
your refund.
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How do I apply for an Encroachment Agreement for structures in the public right-
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of-way?

1. Complete the Encroachment Permit form.

2. Submit a check for $375.00 payable to the City of Lafayette to cover the agreement
fee.

3. Include a cover letter requesting the semi-permanent encroachment and explain its
necessity.

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City of Lafayette -- Encroachments http://www.ci.lafayette.ca.us/index.asp?Type=B_BASIC&SEC=%7B3D...

4. 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.

5. Provide the City with a legal description of your property.

After engineering staff reviews the request, a staff report and draft agreement will be
submitted to the City Council with a recommendation for approval or denial. If approved by
the City Council, the applicant must execute an Encroachment Agreement in the presence
of a notary. The document is then recorded against the property. The applicant must
provide an insurance endorsement naming the City of Lafayette as an additional insured
with a minimum of $300,000 in liability coverage per occurrence.

2007 Revised Encroachment Permit PDF (244K)

Encroachment Agreement PDF (87K)
Removal of Markings Policy PDF

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