Encroachment Permit Application Process
To apply for an encroachment permit, download the Encroachment Permit Application Form (PDF) and submit via fax to 408-779-7236, or visit the City of Morgan Hill’s Development Services Center located at 17575 Peak Avenue.
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. Permit applications are reviewed once every week. Please allow up to one week for review and issuance.
Review & Approval
All of the following must be received prior to issuance of the permit:
- Plans: 2 copies 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.
- Work Schedule: Estimated start and completion date.
- U.S.A. Locate Inquiry Number: Contractor must call for a U.S.A. Locate before issuance of a permit at 800-227-2600. The permit shall become valid no earlier than 2 days after contacting U.S.A Locate.
- Liability Insurance and Endorsement: Applicant must provide both a Certificate of Liability Insurance with an Endorsement form, 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 at least $1 Million ($1,000,000).
- Bonds: All public improvement work in excess of $50,000 will require a 100% Performance Bond, a 100% Labor & Material Bond, and a 50% Warranty Bond.
- Contractor Information: Applicant must provide the name, phone number, license type and license number of the contractor and sub-contractors.
- Contractors are required to have a current Class “A” Contractors License in order to perform work within the public right of way.
- A Class C-8 License are acceptable for jobs consisting only of concrete curbs, gutters, sidewalks or driveway approaches.
- Contractor must have a current Business License with the City of Morgan Hill, unless excluded by the City Engineer.
- Traffic Control: Work that impedes traffic, a contractor and/or sub-contractor must submit 2 copies of a Traffic Control Plan for review and approval prior to any change in traffic flow. (Note: An Engineered Traffic Control Plan shall be required for arterial streets and shall be prepared by a licensed Traffic Engineer).
- Fees: All Public Works fees must be paid prior to issuance of a permit. The permit fee is $641.55 or 13.3%, whichever is greater, of the estimated cost of construction. (updated January 6, 2020).
- Inspection: Contractor must request an inspection 48 hours prior to the start of work and subsequent inspections.
- City Standards: All work shall conform to the latest edition of the City of Morgan Hill Standard Details for Construction. All deviations or revisions must be submitted in writing for City Engineer approval.
For questions concerning Encroachment Permit Applications and Procedures, contact the Engineering Technician for Encroachment at 408-778-6480.