Berkeley Bylaws - Report Potholes & Encroachment Permits

Berkeley, California expects property owners, contractors, and road users to report hazardous street conditions and to obtain encroachment permits before working in the public right-of-way. This guide explains how to report potholes, who enforces street and sidewalk rules, when an encroachment permit is required, and how to apply, appeal, or seek a variance under Berkeley municipal practice. It consolidates official city contacts and forms so you can act quickly to protect safety and avoid enforcement action.

When to Report a Pothole

Report potholes that pose a safety risk to vehicles, cyclists, or pedestrians. The city maintains streets and coordinates repairs through Public Works; use the official reporting portal or phone contact to submit location, photos, and severity so crews can triage repairs.

• Locate the pothole: nearest address or intersection, lane and direction.
• Document: take clear photos and note size and depth.
• Report online or by phone via the city reporting tool Report a Concern^[1].

Encroachment Permits: When They Are Required

An encroachment permit is required before placing, altering, or working within any public right-of-way, including sidewalks, curb lanes, park strips, and street trees. Typical activities that need a permit include utility work, construction staging, driveway changes, excavations, and temporary closures.

• Apply for an encroachment permit through the Public Works permits page Encroachment Permits^[2].
• Submit plans and traffic control details with your application; allow time for review and inspections.
• Fees and security deposits may apply; check the city fee schedule on the permit page.

Applications & Forms

The city posts an Encroachment Permit application and instructions on the Public Works permits page. Where the permit page lists a specific application PDF or online form, follow that form for plan attachments, insurance requirements, and any deposit or fee. If fee amounts or detailed deadlines are not shown on the permit page, they are not specified on the cited page.

Penalties & Enforcement

Enforcement of street encroachments, sidewalk obstructions, and unsafe work in the public right-of-way is handled by the City of Berkeley Public Works Department and Code Enforcement as delegated by municipal regulations. The city may require removal of unauthorized encroachments, order corrective work, issue administrative citations, or pursue civil remedies.

• Enforcer: City of Berkeley Public Works and Code Enforcement; report complaints to Public Works or 311 via the city portal Public Works.
• Fine amounts: not specified on the cited page.
• Escalation: first, repeat, and continuing offence procedures and fine ranges are not specified on the cited page.
• Non-monetary sanctions: removal orders, stop-work orders, withholding of permits, and civil abatement actions are possible.
• Inspection and complaint: submit evidence and location via the city reporting tool or contact Public Works directly for inspections.
• Appeals: appeal routes and time limits for administrative citations are handled per city procedures; specific time limits are not specified on the cited page.

Common Violations

• Working in the street without a permit.
• Obstructing sidewalks or ADA access without prior approval.
• Improper traffic control or failing to protect the public during work.

How to Prepare an Encroachment Application

• Gather site plans, traffic control plans, and insurance certificates.
• Complete the encroachment permit application available on the Public Works page and attach required documents.
• Confirm fee amounts and deposit requirements on the permit page or fee schedule.

FAQ

How do I report a pothole in Berkeley?

Use the city’s Report a Concern portal or call Public Works to submit location, photos, and contact details; reports filed through the portal are routed to maintenance crews for triage. Report a Concern^[1]

When do I need an encroachment permit?

An encroachment permit is needed for any work, placement, or long-term use of the public right-of-way, including construction staging, excavations, and driveway modifications; apply via the Public Works encroachment permits page. Encroachment Permits^[2]

How long does permit review take?

Review times vary by scope and completeness of the application; the permit page provides submission instructions but does not specify standard processing times on the cited page.

How-To

1. Document the pothole or proposed encroachment location with photos and descriptions.
2. Use the city Report a Concern portal to file a pothole report or contact Public Works directly for urgent hazards.
3. For planned work in the right-of-way, download the Encroachment Permit application from the Public Works permits page.
4. Assemble plans, traffic control details, insurance, and fee payment as required by the application instructions.
5. Submit the application online or as directed on the permit page and await review; respond promptly to any reviewer requests.
6. If denied or cited, follow appeal instructions on the citation or contact Code Enforcement to request review within the posted time limits.

Key Takeaways

• Report hazardous potholes promptly to the official portal to speed repairs and document the issue.
• Obtain an encroachment permit before any work in the public right-of-way to avoid stop-work orders or fines.
• Contact Public Works for inspections, clarifications, and to confirm forms and fees.

Help and Support / Resources

• City of Berkeley - Public Works
• Encroachment Permits - City of Berkeley
• Report a Concern / Potholes - City of Berkeley
• Berkeley Municipal Code (Municode)

1. [1] City of Berkeley Report a Concern
2. [2] City of Berkeley Encroachment Permits