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Encroachment Permits

Encroachment Permits are required for any construction in the public right-of-way, including City easements, City owned property, parks, streets, alleys or parkways per City Council Policy L-6. Encroachment Permits are issued and inspected by the Public Works Department and may require approval by other City departments depending on the scope of work. 

A licensed state contractor must be retained to perform all work in the public right-of-way. Generally, a Class "A" license can perform any encroachment work. 

Never assume your property ends at the curb or sidewalk in front of your home. It is best to verify your property line prior to any construction activities by calling the Public Works Department at 949-644-3311 or sending us an email at pbwdevelopmentgroup@newportbeachca.gov.

Encroachment Agreements 

Any non-standard improvements made on public property requires the preparation of an Encroachment Agreement (EA). An EA is a legal document that staff prepares with the specifics of your improvements. This is bound to the property and filed with the County Recorders Office. Any construction involving the following require an Encroachment Permit:

The activities listed on this page require the issuance of an Encroachment Permit per Council Policy L-6.  Click here for an application.

Curb, Gutter and Sidewalk
Removing and replacing the curb, gutter and sidewalk in front of your home requires the
issuance of an Encroachment Permit.

Drive Approach
The approach, or apron, to your driveway is City property and any removal or replacement
requires an Encroachment Permit. If you are planning to extend decorative tile or stamped
concrete from your driveway to the approach an Encroachment Agreement is required as
a part of your permit.

The area between the curb and sidewalk is called the parkway. This area is public property and any alterations made requires an Encroachment Permit (Council Policy L-6). If you are planning to plant a tree in the parkway it must comply with the City's designated street tree list.

Road Excavation
Any excavation on a City street or alley requires an Encroachment Permit and traffic control plans, which may include the need for flagmen and pedestrian detours.

Water and Sewer
Any alteration or tie-in to the City's water and sewer facilities (Municipal Code 13.20) requires an Encroachment Permit. The City requires an Class "A" or "C-42" license for work on sewer lines and an Class "A" or "C-34" license for work on water lines.  City ordinance calls for upgrades to sewer laterals and installation of sewer clean outs when:


  • Constructing of a new residence
  • Remodeling a residence by adding an additional 50% greater square footage
  • Altering existing sewer line
  • Adding plumbing fixtures
  • An existing sewer line is found to be unsanitary or illegally installed

Any construction activity within the public right-of-way requires an Encroachment Permit.  The above represents typical types of encroachments and are not all inclusive. Prior to performing any work in the public right-of-way, please contact the Public Works Department at 949-644-3311 or pbwdevelopmentgroup@newportbeachca.gov.


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