ENCROACHMENT PERMITS

WHEN DO I NEED AN ENCROACHMENT PERMIT?

A permit is required whenever work is proposed within a City Street, Park Strip, the public right-of-way, or easement. Typical examples of work include:

  • Trenching/boring across public right-of-way for installation of water, sewer, storm drain, cable, and other underground utilities.
  • Construction of curb, gutter, sidewalk, driveway, curb ramps, and roadway pavement.
  • Potholing survey, groundwater monitoring wells,and soil sample boring.
  • Temporary construction fencing/scaffolding located public ROW, etc.
  • Traffic Control

PERMIT APPLICATION

Use the Submittal Requirements as a checklist to prepare a complete Encroachment Permit Application package. Mandatory use of recycled water can be obtained using the Construction Meter Application. An incomplete application will not be processed until all required documents are submitted.

The Application can be mailed to the address below or submitted in person at City Hall’s 1st Floor Front Counter. Working Hours: 8:00 AM – 5:00 PM, M-F.

Permit application mailing address:
City of Milpitas
Engineering Department, Land Development Engineering
455 E. Calaveras Blvd. Milpitas, CA 95035

PERMIT FEE

FEE NAMEPROJECT TYPE EXAMPLESFEE/DEPOSIT
Minor Encroachment PermitDriveway approach, sidewalk, public water meter installation, soil boring, potholing, traffic control only, etc.$974 (Fee)
PLAN REVIEWPROJECT TYPE EXAMPLESDEPOSIT
Up to $50,000$5,000
$50,001 - $200,000$10,000
$200,001 - $500,000Major development projects associated with planning or building permit applications.$15,000
Over $500,001$20,000
INSPECTIONDEPOSIT
Up to $50,000 Construction Cost Estimate$5,000
Greater than $50,000 Construction Cost Estimate10% of Construction Cost Estimate

(*) Require Private Job Account.

CONTRACTOR’S LICENSE

Contractors performing work must have a Class A – General Engineering license from the State of California. Other license classifications may be acceptable depending upon the type and scope of work.

Please refer to:

CONTRACTOR’S CITY BUSINESS LICENSE

Contractors and sub-contractors performing work shall obtain and maintain a valid Business License from the City of Milpitas.

Please contact our Business License Center for more information:

Finance Department – Cashier Counter
Milpitas City Hall, 1st Floor
455 East Calaveras Blvd.
Milpitas, CA 95035 Phone: (408) 586-3100 Business Hours: Monday-Friday: 8:00am – 5:00pm
City of Milpitas Business License Sample

City of Milpitas Business License Sample

CERTIFICATE OF INSURANCE

Permittee shall procure and maintain for the duration of this permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the permittee, his/her agents, representatives, employees or subcontractors. Permittee shall also submit a Certificate(s) of Insurance incorporating the following requirements:

  • Minimum Limits of Insurance
General Liability: Min. $1,000,000 per occurrence for bodily, personal injury and property damage.
Business Automobile Liability Insurance: Min. $1,000,000 per occurrence.
Worker’s Compensation Insurance: Min. $1,000,000 per occurrence.
  • Insurer Rating
    Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A: VIII.
  • Additional Insured; Separation of Insureds
    The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by the contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of protection to City, its elected officials, officers, employees, agents, and volunteers. The endorsements are to be signed by a person authorize by that insurer to bind.
  • Sample COI
    Sample Certificate of Insurance with separate Endorsement sheet

CASH DEPOSIT/SURETY BOND

Depending on the type and scope of the work, the City may require surety bonds and/or cash deposit to guarantee completion of quality work and to provide one-year warranty.

PERMIT CONDITIONS

  • Encroachment Permit will be issued with General Conditions and/or Special Conditions.
  • Traffic Control Plans are required and shall be approved by City’s Traffic Engineer. Traffic Control Plans shall be in compliance with the latest California Manual on Uniform Traffic Control Devices (CA MUTCD).
  • Permit from other agencies (e.g., Caltrans, Santa Clara Valley Water District, County of Santa Clara, UPRR, etc.) may also be required.