Prior to proceeding with applying for a ROW Permit, it is important to determine if any Discretionary Approval(s) will be required. Learn more about Discretionary Permits.

• Excavations in the Public ROW: Chapter 6, Article 2, Division 12
• Public ROW Permits: Chapter 12, Article 9, Division 7
• Land Development Terms and Definitions: Chapter 11, Article 3, Division 1
• Construction Permits: Chapter 12, Article 9, Division 7, Section 129.0710

1. A Public Right-of-Way Permit is required for the following unless otherwise exempt under Section 129.0703:
   • The construction of public improvements by an entity other than the City.
   • The construction of privately owned structures, facilities, or improvements in the public right-of-way or in a public service easement.
   • Any construction activity within a public right-of-way as required by Municipal Code Sections 54.0116 and 54.0117.
   • The planting of any tree, shrub, or plant greater than 30 inches in height in the public right-of-way; where not otherwise covered by a Street Tree Permit per Chapter 6, Article 2, Division 6 (Street Planting).
2. The City Engineer may:
   • Require a building permit for private structures encroaching in the public right-of-way in addition to, or in place of, a Public ROW Permit.
   • Waive the requirement for a Public ROW Permit as provided in the Land Development Manual.

Encroachments are any privately owned and maintained improvements located within the public right-of way or a public easement. For example, non-standard improvements in the parkway (landscape features not clearly exempt in the Municipal Code), private storm drains connected to public drainage, planter boxes or nonstandard water or sewer services would be considered an encroachment. Note that standard water, sewer or fire services (services perpendicular to the main), driveways, sidewalk underdrains, etc., are not considered encroachments.

Encroachment Maintenance and Removal Agreement (EMRA):

• An EMRA is required for any privately-owned and/or privately-maintained encroachment located in the public right-of-way or in a public service easement. For more information please refer to SDMC Section 129.0715 and EMRA form and Information Bulletin 576.
• Although a ROW permit may not be required for a project, an EMRA may still be required for the private encroachment in the public ROW. To assist with your understanding on the need for an EMRA, please contact the engineering booth at 619-446-5152 for questions regarding this potential need for your project.

San Diego Municipal Code Section 129.0703 outlines exemptions from requirement for a public ROW Permit. Exemption from the public ROW permit requirements does not authorize any work to be done in violation of the provisions of the public right-of-way regulations or other applicable local or state regulations. A public ROW Permit is not required for the following work:

1. The installation of underground irrigation systems in the parkway that will be maintained by the fronting property owner.
2. The installation of landscape in the parkway that is less than 30-inches high and will be maintained by the fronting property owner or where otherwise covered by a Street Tree Permit per San Diego Municipal Code, Chapter 6, Article 2, Division 6 (Street Planting).

NOTE: An Encroachment Maintenance and Removal Agreement is required for any privately-owned and/or privately-maintained encroachment located in the public right-of-way or in a public service easement. Please refer to San Diego Municipal Code Section 129.0717.

The Permittee shall be responsible for the cost of preserving & replacing all survey monuments destroyed by construction. If a vertical control monument is to be disturbed or destroyed, the City of San Diego field survey section shall be notified in writing at least 7 days prior to demolition/construction.

In surveying, monuments are defined as physical objects on or in the ground, which establish the location of boundary lines. Monuments are often referred to as “property markers” by a lay person. Monuments come in many forms and sizes, ranging from a small tack set in a lead plug in concrete, a nail and brass disc set in concrete, a lead and brass disc set within an iron pipe of various diameters, a boulder, a 200-year-old Douglas fir tree, the center of a river, or even the crest of a mountain range, to name a few. Monuments can be natural or manmade.

To locate property corners, you will need a copy of the map and/or deed that created your parcel. You may try to interpret it, however, to ensure that all monuments are in the proper location, or to prepare legal maps/documentation, you need to contact a Professional Land Surveyor (or Civil Engineer Registered prior to 1982) licensed by the California Department of Consumer Affairs.

For more information please refer to the following links:

• Survey Monuments on Plan Sets Information Bulletin 591
• Land Survey
• Mapping and Land Title Document Review
• State and Highways Code Section 1810.5
• Business and Professions Code Section 8771

D-Sheets: This type of drawing is prepared for extensive public improvements including but not limited to new streets, widening of streets and roads, establishing new curb and gutter, changing of existing street grade, installation of new sewer, new storm drains, new street lighting, and new traffic signals. Per San Diego Municipal Code Section 129.0720, preparation of such plans must be prepared by a professional with current State of California registration in the professional field necessary for the permit. View the Design Guidelines and Templates associated with applying for a ROW permit on D-sheets.

Construction Plans (DS-3179): This type of drawings is prepared for minor improvements in the ROW, such improvements are prepared per City Standards and may include but not limited to the removal and replacement of existing sidewalks, removal and replacement of curb ramps, installation of driveways, installation of sidewalk underdrains and curb outlets, removal and replacement of existing alley pavement and alley apron, etc.

Construction Plans are not required to be prepared by a Registered Civil Engineer; however, a Register Land Surveyor will be required to certify survey monumentation for the site. Construction Plans are not always submitted, permits for construction plans may be obtained Over the Counter. For more information, please see Information Bulletin 165.

A Traffic Control Permit is required prior start of construction within the public Right of Way, please refer to Information Bulletin 177 for more information.

Once the plans are approved, the project’s Point of Contact will be notified of any additional items needed for permit issuance. These typically consist of inspection fee (or deposit) payment, the posting of performance bonds (if applicable), and contractor information.

Once the permit is issued and fees have been paid, please contact the Public Works Department, Construction Management and Field Services Division at 858-627-3200, prior to the start of work, to schedule a pre-construction meeting with the Resident Engineer. Upon completion of the preconstruction meeting, the permit will be considered as “active”.

For more information, refer to San Diego Municipal Code Section 129.0741.

ROW permits are provided with an initial duration of two years, unless otherwise conditioned in the San Diego Municipal Code, starting at the permit issuance. Should extenuating circumstances exists requiring additional time to complete the approved scope of work, extensions maybe provided. The San Diego Municipal Code allows the consideration of two extensions. Each extension provided are in 6-month (180 days) increments. No additional extensions maybe offered. A nominal processing fee will be applied for each extension request to be paid by the applicant, should the request be approved.

Form DS-340 “Application for Extension of Time for Grading/Right-of-Way” shall be submitted to the Submittal Counter on the 3rd floor of the Development Services Department to apply for an extension of time for a Grading Permit which has not expired. If a Grading permit expires before an application for an extension of time is submitted, an extension shall not be granted. The applicant/permittee may submit an application for extension of time no earlier than 60 calendar days prior to the permit expiration date. To learn more about ROW Permit expiration and extensions please refer to San Diego Municipal Code Section 129.0750.

Alley: A public way that is no wider than 25 feet that is dedicated as a secondary means of access to an abutting property.

Dedication: Real property or an interest in real property offered to and accepted by the City for public use.

Encroachments: Are any privately owned and maintained improvements located within the public right-of way or a public easement. For example, non-standard improvements in the parkway (landscape features not clearly exempt in the Municipal Code), private storm drains connected to public drainage, planter boxes or nonstandard water or sewer services would be considered an encroachment. Note that standard water, sewer or fire services (services perpendicular to the main), driveways, sidewalk underdrains, etc., are not considered encroachments.

Fence: A vertical barrier or enclosure constructed of any material that supports no load other than its own weight.

Public improvement: Is the act or result of construction, reconstruction, or repair of improvements that are for or incidental to a public purpose.

Property line: A line that defines the boundaries of a lot or premises for purposes of applying development regulations. See San Diego Municipal Code Chapter 11, Article 3, Section 113.0246 for additional information on determining property lines.

Public right-of-way: a public easement for streets, alleys, or other uses.

Public service easement: any easement granted to the City of San Diego for public utilities of any kind and related facilities.

Public utility: a person or entity furnishing gas, electricity, or communication services to the citizens of San Diego under a franchise granted by the City or the State of California.

For details on the submittal requirements, documentation, process fees and design standards, please refer to the following links for information:

• San Diego Municipal Code Chapter 12, Article 9, Division 7 (Public Right-of-Way Permits)
• How to apply for a right of way permit Refer to SDMC Section 129.0710
• City of San Diego Design Guidelines and Standards