Minor Encroachment Permit

Property owners who want to install and maintain a minor sidewalk encroachment in the public right of way fronting their property can apply for a Minor Sidewalk Encroachment permit at San Francisco Public Works, Bureau of Street-Use & Mapping (BSM). The City and County of San Francisco has established Public Works Code, Article 15, Section 723.2 to allow property owners to install amenities such as fences, retaining walls, steps, stairways or other minor structures in the sidewalk fronting properties where such encroachments are desirable or convenient in conjunction with the owner's use and enjoyment of the property, or required for the safety, convenience and comfort of the public using the sidewalk. Under Public Works Code, Article 15, Section 723.2 the Director of Public Works may grant permission, revocable at his or her will, to owners to install and maintain minor encroachments in the sidewalk fronting their property. Such encroachments shall not occupy more than 10 percent of the area of the sidewalk fronting the property nor more than 25 percent of the width of the sidewalk, unless the Director of Public Works determines that such restrictions are not applicable due to the nature of the encroachment. Examples of minor encroachments may include but are not limited to driveways with non-standard slope (less than one-fifth inch per foot), non-standard sidewalk slopes (one-fifth inch per foot) at accessible building entrances, abandoned underground storage tanks, trash enclosures, existing sub-sidewalk basements, existing sidewalk hatches /elevator doors, irrigation lines, low fences, retaining walls (less than 4 feet high), shoring (tiebacks/soldier beams/soil nails), supporting poles for awnings, and stairs/steps. Such encroachments should be desirable or convenient in conjunction with the owner’s use and enjoyment of the property, or required for the safety, convenience and comfort of the public using the sidewalk. Certain types of minor encroachments are subject to annual assessment (rent) in accordance with our fee schedule.

Depending on the nature of the encroachment, Public Works in some cases may be able to classify an encroachment as an “existing condition.” Most Minor Sidewalk Encroachment applications for existing conditions are subject to a reduced application processing fee in accordance with our fee schedule and are not subject to the same neighborhood notification requirements as new permit applications. Applicants should still provide dimensioned plans as part of their application submittal showing the existing encroachment with respect to the public right-of-way.
 

HOW TO APPLY FOR A NEW PERMIT APPLICATION:

Submit the following to San Francisco Public Works, Bureau of Street-Use & Mapping (BSM):

1. Permit Application. Submit signed and completed permit application form.
2. Plan. One (1) set of detailed civil engineering drawings in pdf format (if the encroachment involves engineering such as shoring, retaining walls etc., a wet-stamp and signature is required). Encroachment plans can be in conjunction with the plans for other Public Works permits. For certain types of more basic encroachments, (e.g. public service benches or some existing conditions), a site plan with encroachment and sidewalk dimensions can be submitted in lieu of detailed civil drawings. (Shoring Encroachments shall include structural calculations and a geotechnical report).
3. Photos. Photos of the sidewalk frontage along the subject property and the surrounding neighbors within the block showing the existing neighborhood encroachment pattern
4. Permit Application Fee. See the San Francisco Public Works Fee Schedule.
5. Certificate of Authorized Agent Form signed between property owner and applicant (if applicant is different from property owner). The Certificate of Authorized Agent Form is also included as the final page of the Minor Sidewalk Encroachment permit application form.
6. A notification package may be required for certain encroachments, but is not required to be submitted with the initial application materials.
7. Garbage Enclosures Only: An Inspection Report conducted by Public Works Public Information Officer (see “Minor Sidewalk Encroachment Permits for Garbage Enclosures” heading below).

PERMIT REVIEW PROCESS

1. The permit application will be assigned to a staff member to review for completeness.
2. The plan will be reviewed to determine conformance with Code requirements.
3. If the encroachment impacts facilities of other agency(s), the application will be referred to the affected agency(s) for review.
4. If the encroachment is related to pedestrian accessibility in the sidewalk or to a place of public accommodation, the application may also be referred to the Public Works Disability Access Coordinator Section for review.
5. Once it is determined the encroachment has met the Code and design requirements and the affected agencies have no outstanding objections, the permit application may proceed to one of the two following steps.
   • To approval if the encroachment is a qualifying existing condition, pedestrian accessibility upgrade, or shoring.
   • To public notification if the encroachment is new and is not an underground utility. The public notification is a 15 day process. If no objections are received during the notification period, the permit is ready for approval.
6. If there are unresolved objections from the public during the notification period, a Public Hearing will be scheduled. Following the Public Hearing, the Public Works Director will issue a decision to approve, conditionally approve or deny the permit application.
7. Prior to permit approval and issuance the first payment for the annual Assessment Fee, if applicable, must be submitted to Public Works. The fee is calculated based on the approved permit area.
8. Once the permit is issued, the property owner or their authorized agent shall notarize and record the permit in the office of the Recorder of the City and County of San Francisco. A copy of the recorded permit shall be provided to our office.
9. In the event of a denial or approval, the applicant or public may appeal the decision to the San Francisco Board of Appeals within 15 calendar days of the permit decision.

WHERE TO APPLY

Property owners or their authorized agent(s) may apply for a Minor Sidewalk Encroachment Permit:

HOW TO MODIFY/RESCIND AN EXISTING MSE PERMIT:

If the existing encroachment is no longer needed or needs to be modified, a new permit application is required. The new permit will be required to be approved and recorded against the property in order to effectively override pre-existing encroachment permits associated with a particular property.
 

FEES

Permit Application Fees are described in the San Francisco Public Works Fee Schedule and listed below for reference:

• New Application: The fees for processing a new permit application or modification to an existing permit.
• Existing Conditions: The fee for processing a permit to document certain existing encroachment(s).
• Submittal with Street Improvement Permit:The fee for processing a permit which will be reviewed concurrently with a Street Improvement permit.
• Assessment:The fee based on the area of the encroachment in the public right-of-way. This is paid on an annual basis.
   

Permit Fee Schedule Brochure

PLAN REQUIREMENTS & DESIGN GUIDELINES

The submitted plan(s) must meet the following criteria and convey the following information:

1. The size of the plan shall be at minimum 11”X17” and the drawing scaled to no less than ¼”=1’ or 1”=10’. For certain types of more basic encroachments, (e.g. public service benches or some existing conditions), a scaled plan may not be required, but all necessary dimensions must be provided.
2. Show the entire subject property width adjacent to the sidewalk public right-of-way and clearly list the subject address and/or block/lot. Show and call out the property line.
3. Show and dimension the sidewalk width measured from the curb to the front property line.
4. Clearly show and dimension all existing and/or new encroachments (e.g. FDCs, gas meters, ADA door actuator buttons, gate out-swings, planter boxes, steps, sidewalk warping, ramps, railings, etc.) in the sidewalk.
5. For encroachments which involve a change in sidewalk grade including sidewalk warping (i.e. when the sidewalk slopes parallel to the street deviate significantly from the existing street grade OR the sidewalk slope perpendicular to the street slopes downward towards the property or exceeds 2% sloping downward towards the street), please include the following:
   1. Show both existing (E) and proposed (N) building ground floor spot elevations denoted as finished floor (FF) at each side of an entrance threshold and/or garage.
   2. Show both existing (E) and proposed (N) spot elevations at the back of sidewalk denoted as (BW) at either side corresponding to an entrance threshold and/or garage and at both edges of the property bounds, as well as 15 feet into the adjacent property on each side. (For larger property parcels, show both existing (E) and proposed (N) spot elevations at the back of sidewalk for every 10 to 20 feet for the entire width of the property).
   3. Show both existing (E) and proposed (N) elevations at the top of curb denoted as (TC) perpendicular to every back of sidewalk (BW) elevation provided.
   4. Show both existing (E) and new (N) elevations at the flow line (i.e. bottom of the curb) denoted as (FL) for every top of curb (TC) elevation provided. Label and identify whether the street gutter is a typical asphalt gutter, a 2-ft wide concrete gutter, or a concrete parking strip/bus panel.
   5. Provide slope values in percentage (e.g. 7.84%) between each spot elevation. Dimension the distance between all grid lines and accessible features, doorways, landings, finished floor levels, etc. Please provide all dimensions and spot elevations in decimal feet (e.g. 2.25’ instead of 2’-3”).

NOTE: The above requirements are similar to those for BSM Street Improvement Permit applications. If the project is required or will voluntarily be reconstructing the sidewalk and curb, the encroachment plans can be merged with BSM Street Improvement Permit application plans – effectively using one set of sidewalk plans for multiple Public Works permits.

DESIGN GUIDELINES

1. Proposed encroachment(s) shall not occupy more than 10 percent of the sidewalk area directly fronting the property nor more than 25 percent of the legislated sidewalk width, unless the Director of Public Works determines that such restrictions are not applicable due to the nature of the encroachment. The Director may require further restrictions or modifications and they may stipulate such conditions, as they deem necessary.

2. Above ground encroachment(s) shall be sized and placed such that an unobstructed 6-foot wide accessible pedestrian throughway can be accommodated and maintained, unless existing constraints make it technically infeasible – in which case, a slimmer accessible pedestrian throughway may be allowed on a case-by-case basis.

3. Planter boxes must be at least 30 inches high and must be solid within 24 inches of the ground.                          NOTE: Movable planter boxes that are not affixed to the sidewalk, such as small potted plants, can be placed in the public right-of-way unpermitted if the location and size of the planter meets the conditions set forth in DPW Order 179,231.

4. Diverters or railings for warped driveways must be a minimum of 30 inches high. Some diverter designs may be subject to a higher minimum height requirement.

5. ADA level landing(s) and sidewalk grading must meet the requirements set forth in the Accessible Business Entrance Program Standard (ABES), see Public Works Order #200,245.

PERMIT HOLDER RESPONSIBILITIES

The permit holder is responsible for ensuring the encroachment complies with the approved plan, all applicable Public Works rules and regulations, including but not limited to the following:

1. The encroachment remains in a state of good repair.

2. No advertisements may be displayed on the encroachment.

3. If applicable, assessment fees shall be paid annually.

4. Public Works shall be notified if the encroachment is no longer needed or desired.

MINOR SIDEWALK ENCROACHMENT PERMITS FOR GARBAGE ENCLOSURES

In very limited circumstances, Public Works may be able to consider Minor Sidewalk Encroachment permits for garbage enclosures when a hardship is found necessitating that bins be stored on the sidewalk instead of within a property owner’s private property area.

Applicants for permits under this classification are required to first obtain a site assessment from a Public Works Public Information Officer to ensure such a hardship exists.

If the Public Information Officer determines that a qualifying hardship exists, Public Works may accept a Minor Sidewalk Encroachment application from the applicant. Applications for this permit type require dimensioned plans showing the proposed enclosure, and are typically subject to the full “new application” permit review fee and annual assessment fee as listed on our fee schedule, regardless of whether the enclosure is already existing. Such applications are also typically subject to the Minor Sidewalk Encroachment public notification requirements. Your assigned plan checker will provide additional details regarding notification requirements after an application is submitted.

To request a site assessment prior to submitting a Minor Sidewalk Encroachment application, you may email GarbageEnclosures@sfdpw.org to submit your request.
 

MINOR SIDEWALK ENCROACHMENT PERMITS FOR FENCE STRUCTURES IN THE PUBLIC RIGHT-OF-WAY

In accordance with Section 723.2(a) of the Public Works Code, fence structures encroaching past a property owner’s property line and into the public right-of-way may be authorized under a Minor Sidewalk Encroachment permit. Issuance of this permit is subject to the encroachment remaining desirable and convenient in conjunction with the property owner’s use and enjoyment of their property. To ensure these needs are appropriately balanced in individual neighborhoods, Public Works reviews applications for fence encroachments subject to the following height and dimension guidelines in addition to all other Minor Sidewalk Encroachment permit requirements.

Fence Height

Fences exceeding three (3) feet in height are typically inconsistent with Section 723.2 of the Public Works Code, and subsequently not allowed, as they have a privatizing effect on the public right-of-way causing public space to be enclosed for private use. This standard applies to both new and existing fence encroachments. Fences up to three (3) feet in height can be considered on a case-by-case basis subject to otherwise meeting all Minor Sidewalk Encroachment permit issuance requirements.

Fence Dimensions & Area

In most cases, Minor Sidewalk Encroachments are required to occupy no more than 10% of the area of the sidewalk fronting the property nor more than 25% of the width of the sidewalk. All new fence encroachments are subject to review under the 10% and 25% requirements during the application process; and, if the fence is fronting a corner property, it shall not preclude future construction of corner curb ramps. For certain long-standing existing fence encroachments, Public Works may consider applications exceeding standard area or width limits if enforcement of the 10% or 25% standards would result in undue hardship to the property owner. All fence encroachment requests will still be subject to review in accordance with applicable sidewalk path-of-travel requirements. Applications may also be subject to review by the Planning Department to determine conformance with the General Plan and/or the San Francisco Municipal Transportation Agency (SFMTA) for review of line-of-sight issues identified during the application review process.

INFORMATIONAL LINKS

• Public Works Codes
• San Francisco Better Streets

PERMIT DOCUMENT LINKS

• Application
• San Francisco Public Works Fee Schedule

FOR MORE INFORMATION

For more information or clarification on any of the permit requirements, please contact us at:
San Francisco Public Works • Bureau of Street-Use & Mapping 
49 South Van Ness Avenue, Suite 300 • San Francisco, CA 94103 
Phone : (628) 271-2000

San Francisco Public Works • Permit Center 
49 South Van Ness Avenue, Suite 200 • San Francisco, CA 94103 • Map

Processing Hours:
• Please visit https://sf.gov/location/permit-center for operating hours of the Permit Center. 
• Closed on official holidays