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Encroachment Permits
Construction
Encroachment permits are used to allow construction work in the public right-of-way. If the applicant is either a public utility company (PG&E, AT&T, San José Water Co., Comcast, etc.) or another governmental agency (Caltrans, VTA, SCVWD, County of Santa Clara, etc.), please go to our Utilities Section website for permit application information.

Permits
Encroachment permits typically require a plan showing the work proposed, as well as fees and surety to insure the completion of the work. We have permits for the following activities: 
  • Sanitary Sewer Lateral – for construction of a new connection to the sanitary sewer system.
  • Revocable Encroachment – There are two types of Revocable Encroachments. These are:
    • Encroachment for construction within the public right-of-way:  Used primarily for the installation of groundwater monitoring wells, crane construction, covered walkways, and soil sampling. See Municipal Code Section 13.36.       
    • Encroachment for Private Improvements within the public right-of-way: Used primarily for the long term use of the public right-of-way such as balconies, roof overhangs, bay windows, architectural features, footings, etc.  These encroachments must be consistent with applicable City of San Jose Municipal Codes and State and Federal Laws. See Municipal Code Section 13.37.       
  • Private Utility – for future utility company infrastructure constructed in the public right-of-way by private contractors working for a developer or property owner. If the franchised utility company is doing the work, then a permit will be issued by the Utilities Section.
  • Driveway / Sidewalk – for new driveways or sidewalk for single family homes