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The City of Belmont has three types of encroachment permits, minor, major and existing. An example of a minor permit would be the replacement of a parking pad, driveway or sidewalk. A typical major permit would be a fence or retaining wall, which if over 4 feet would also require a building permit. Existing encroachments are used mostly when an existing fence or retaining wall, constructed prior to the adoption of Ordinance No. 994, need to be reconstructed. There are many specifics that go along with each of these permits and consulting the BMC Section 22 or contacting Engineering is advised prior to any work.

The following is an example of the permitting process for a typical minor permit.

  1. Contact several contractors for quotes on the project. (Engineering has a list of concrete contractors that have perform satisfactory work within city limits.)
  2. Either the homeowner or contractor can take out a permit, which is done here at City Hall at the permit counter located on the ground floor between the hours of 2 pm and 4 pm.
  3. It is best to have the contractor meet with the city inspector prior to construction and at several stages throughout the project.
  4. After the project is completed the inspector will verify the work and make sure the site is clean of any construction debris. Once approved, the inspector will final the permit and request that the surety deposit be returned.


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A Temporary Encroachment is needed for construction work within the public right-of-way. This type of work includes driveway approaches, property line cleanouts, parking pads, and curb drains.

An Administrative Permanent Encroachment Agreement is needed for use of any non-standard material (pavers, bricks, etc.) in the Right-of-Way.

A Permanent Encroachment is needed for construction of a retaining wall, stairway, fence or any similar structure within the public right-of-way, Council approval is required.