Encroachment Permit Application Process

Submittal

Work performed within the City’s right of way will need an Encroachment Permit Application (PDF). Customers are able to download the Applications and then email to the Engineering Department. Please email applications for review and approval to Engineering Technicians. Encroachment permits review and approval time depend on the complexity of the proposed improvement.

Please read all the requirements on this page prior to submitting an application. All documents and/or plans required must be submitted either electronically or brought to the City of Morgan Hill’s Development Services Center located at 17575 Peak Avenue before an application is deemed complete. Incomplete application will not be processed until all documents and/or plans are submitted, delaying the application process.

Turn Around Time
“Turn Around” time will depend upon the magnitude of the proposed improvement, and the completeness of the application. Please allow up to 10 business days for review and issuance. 

Review & Approval
The following must be received prior to reviewing the permit application:

  • Plans: Electronic copy showing proposed improvements within the Public Right-of-Way.
  • Cost Estimate: Owner and/or Contractor shall provide a cost estimate for all proposed work within the public right-of-way. 
  • U.S.A. Locate Inquiry Number: Contractor are required to reaching out to U.S.A. Locate by calling 811 or 1-800-642-2444 to obtain a ticket number before issuance of the permit. The permit shall become valid no earlier than two (2) days after calling.
  • Liability Insurance and Endorsement: Applicant must provide two (2) items: 
    • (1) A certificate of Liability Insurance.
    • (2) An Endorsement for which names the “City of Morgan Hill, its’ elected officials, officers, employees, agents, volunteers and representatives” as “Additionally Insured”. The general liability coverage of the policy must be for the minimum amount of One Million Dollars ($1,000,000.00).
  • Contractor Information: Applicant must provide the name, phone number, license type and license number of the contractor and all sub-contractors. Contractor must have a current Class “A” contractor’s license in order to perform work within the public right-of-way. A class C-8 license is acceptable for jobs consisting only of concrete curbs, gutters, sidewalks and driveway approaches. In addition, Contractors must have a current City of Morgan Hill business license unless excluded by the Deputy Director for Engineering.
  • Traffic Control: If the proposed work impedes vehicular traffic and/or pedestrian traffic, the contractor and/or subcontractor(s) shall submit a Traffic Control Plan for review and approval prior to any change in traffic flow. Note: An Engineered Traffic Control Plan is required for arterial streets and is prepared by a Licensed Traffic Engineer (TE). 
  • City Standards: Contractor must request an inspection forty-eight (48) hours prior to the start of work and subsequent inspections. To schedule an inspection, contact the Inspection Division at (408) 776-7333 .
  • Bonds: All public improvements work in excess of $50,000.00 will require a 100% Performance Bond, 100% Labor & Material Bond, and a 50% Warranty Bond.  
  • Permit/Engineering & Inspection Fees: All Public Works Fees must be paid prior to the issuance of a permit. The permit fee is $784.35, which includes a 5% GIS technician fee. Res.6503 1/18/12 (updated 7/16/25). A service fee of 2.7% of the payment amount will be assessed on all credit card payments.
  • Inspection: Contractor must request an inspection forty-eight (48) hours prior to the start of work and subsequent inspections. To schedule an inspection, contact the Inspection Division at (408) 776-7333.