An Encroachment Permit from the Engineering Department is required for all work within a City street and right of way including:
- Placement of traffic control
- Work in sidewalks
- Park strips
- Driveway aprons
All work in City streets, right of way, and upon City infrastructure shall be in conformance with the latest City Standard Details and Specifications, and a Traffic Control Plan shall be provided for City review and approval prior to Encroachment Permit issuance.
A City Franchise Agreement and/or Encroachment Permit Agreement will be required for installation of Small Cell and Fiber Optic cable telecommunications equipment.
Underground Service Alert
Contact the Underground Service Alert prior to any excavation.
Contractors shall pothole to determine the location and depth of all existing underground structures and where proposed crossings of new utility with existing is shown on the plans. The use of ground penetration radar in lieu of pothole excavation shall not be permitted. Contractor shall submit results of the pothole work with found location and depth information to the city engineer for review prior to proceeding with further excavation.
Work hours shall be from 7 am to 5 pm, Monday through Friday except City Holidays unless modified by the City Engineer, however, traffic control lane closure hours may be more restrictive dependent on traffic conditions.
No construction operations are permitted on the following city holidays in accordance with city ordinance and the contract documents: New Year’s Day, Martin Luther King birthday, Cesar Chavez Day, Memorial Day, July 4th Independence Day, Labor Day, Veterans Day, Thanksgiving Day including the day after Thanksgiving, Christmas Eve, and Christmas Day.
View the Encroachment Permit Application Form (PDF). Incomplete Applications will not be accepted.
Note that potable water shall not be used for construction or dust control. Recycled Water may be used for construction, however, Contractors shall first obtain a City Recycled Water Meter and be responsible for water use charges. Visit the Recycled Water page for more information. You can download the Construction Meter Application (PDF) here. Incomplete Applications will not be accepted.
You can submit Encroachment Permit Applications via:
- In person:
Milpitas City Hall, Building Department 1st Floor Information Counter,
Attention: Land Development Engineer
8 am through 5 pm, Monday through Thursday
- By U.S. Mail:
City of Milpitas
Attn: Engineering Department, Land Development Engineering
455 E Calaveras Boulevard Milpitas, CA 95035
- Or you may email the Land Development Engineering Department
|Fee Name||Fee / Deposit|
|Minor Encroachment Permit|
(Example: Driveway approach, sidewalk, public water meter installation, soil boring, potholing, traffic control only, etc.)
|Up to $50,000||$5,542 (Fee)|
|$50,001 to $200,000||$11,085|
|$200,001 to $500,000|
(Example: Major development projects associated with planning or building permit applications.)
|Up to $50,000 Construction Cost Estimate||$5,542|
|Greater than $50,000 Construction Cost Estimate||10% of Construction Cost Estimate|
|Technology Fee - % of Permit||3.8%|
|Credit Card Transaction Fee||2.4%|
- Download the PJA Processing Agreement Form (PDF)
- See Engineering Plans and Map Procedures and Guidelines – Deposit and Fees (PDF) for further information.
- Make Online Payment for Permit Fees and PJ Accounts here.
Contractors and Subcontractor’s working within City streets and rights of way shall be licensed by the State of California, be insured and bonded and poses a current City of Milpitas Business License.
Please refer to:
- California State Contractors State License Board (CSLB) Website for license classifications
- Query by Contractor License Number for license status including worker’s compensation insurance
Contractors and sub-contractors performing work within the City of Milpitas shall obtain and maintain a valid Business License from the City of Milpitas.
Please visit the Business License Center page for more information or contact the Finance Department – Cashier Counter:
Milpitas City Hall, 1st Floor455 East Calaveras Boulevard
Milpitas, CA 95035
Business Hours: Monday through Friday; 8 am to 5 pm
Permittee and/or Contractor performing construction within City streets and rights of way shall poses and maintain Certificate of Insurance meeting the requirements below for the duration of the Encroachment Permit.
Minimum Limits of Insurance
- General Liability: Minimum $1,000,000 per occurrence for bodily, personal injury and property damage.
- Business Automobile Liability Insurance: Minimum $1,000,000 per occurrence.
- Worker’s Compensation Insurance: Minimum $1,000,000 per occurrence.
Unless approved differently in writing by City Attorney and or the Risk Manager, Insurance Certificates submitted with Encroachment Permits shall be from companies licensed to do insurance business in the State of California and poses a current A.M. Best rating of at least A: VIII.
Additional Insured; Separation of Insureds
Insurance Certificates shall name the City, its elected and appointed officials, officers, attorneys, agents, and employees as additional insureds with respect to work performed by the Contractors under the Encroachment Permit, including materials, parts, or equipment furnished in connection therewith. The Insurance Certificate 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 Certificate of Insurance (COI)
View a sample COI (PDF) with separate endorsement sheet.
Depending on the type and scope of work or improvement to be constructed within the City street or right of way under the Encroachment Permit, the City may require the Permittee to submit surety bonds and/or cash deposit for 100 percent of the cost of the proposed work to guarantee completion of the work, and to provide for a one-year warranty.
- 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 of 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.