Encroachment Permit

Why Do I need an Encroachment Permit?

With 465 miles of water pipeline in our distribution system, our pipes or other facilities may be located on OMWD easements or rights-of-way or near your property. To maintain or repair this infrastructure, OMWD must have access, especially in the event of an emergency. The public right-of-way is the area where most public utilities such as water lines are located. The right-of-way is not always improved with sidewalks or streets and may look no different than the adjacent private property. The right-of-way includes the surface at ground level, such as the sidewalk or landscaped areas, as well as those areas that are located below and above ground level.

The purpose of an encroachment permit is to ensure that the proposed construction at your property is completed safely, and if necessary, includes access to maintain or repair water facilities located in the area. Please note, if a property owner builds a structure on top of, or near OMWD pipes on their property, and does not obtain a required permit, this could turn into an unpleasant situation for the property owner in an emergency. OMWD will remove the encroachment to gain access to maintain or conduct repairs to infrastructure. OMWD will not be liable for any damages to the encroachment facilities or encroachment area, and property owners are strongly encouraged to consider this information prior to construction in or around easements or the right-of-way.

Whether you are planning to put up a fence or any general construction on your property, you should always conduct the necessary due diligence before building and obtain all necessary and required permits.





What are some examples of work requiring an encroachment permit?

Examples of work requiring an encroachment permit are excavations; sign, post, and fence installations, equipment/structures placed upon the street and/or sidewalk; vegetation planting/trimming; driveway or sidewalk installation/replacement; and utility work.

What items are required for a complete application?

The following items are required for a complete application:

  • Signed and dated Encroachment Permit Application;
  • Minimum Application Deposit: $1,200. Complex Encroachment Permits may require additional deposit;
  • Legal Description of property (can be obtained from the Homeowner’s Title report);
  • Detailed list of all proposed encroachments including material type if the encroachment is structural, and/or plant species if the proposed encroachment includes landscaping;
  • An 8.5”x11” site plan drawn to scale depicting all structures, setbacks, and OMWD easements on the property. The proposed encroaching facility must be identified and fully dimensioned. The site plan may be spread over several pages for clarity.

Submittal of other documentation, photos, and drawings that may be useful in processing the application is encouraged.

How do I get an encroachment permit?

To obtain an encroachment permit, please submit all required encroachment permit application items to:

Olivenhain Municipal Water District
Engineering Department
1966 Olivenhain Road
Encinitas, CA 92024

Applications are available online for completion. Please note, that incomplete applications will not be processed until all information is received.

What should happen once I get an encroachment permit?

Once an encroachment permit is issued:

Notify OMWD 48 hours in advance of the time when work within the encroachment area will commence, and provide the approximate completion date and time.

If your work involves digging, contact DigAlert prior to starting any excavation on your property by dialing 811. It is California state law and can help prevent costly excavation incidents and preventable injuries.

Quick links for more information and forms: