An object in a traffic lane causing an immediate danger, a crash, or someone hurt? Call 911. This guide covers privately placed objects on streets, sidewalks and parkways in the City of San Diego and summarizes what the San Diego Municipal Code, the Development Services Department, the San Diego Police Department and Get It Done say, as of November 3, 2026. Dumpsters, overgrown plants and signs have their own guides, linked below. Other cities and unincorporated County areas have their own rules. It is general information, not legal advice.
What the public right-of-way is
- The definitions. The Municipal Code's definitions (section 113.0103) say "Public right-of-way means a public easement for streets, alleys, or other uses." The parkway is "the area within the public right-of-way between the curb of a street and the public right-of-way line," and includes the frontage zone, the furnishings zone and the throughway zone. In other words, in the Code the parkway is more than the planting strip: it also takes in the sidewalk.
- The three zones. The same section describes the furnishings zone as the part between the curb and the walkway "in which street trees, lights, and street furniture are provided"; the throughway zone as the walkway, "with a sidewalk for pedestrian travel only and clear of obstacles, including driveway aprons"; and the frontage zone as the part between the walkway and the property line.
- How far it goes. The City's Right-of-Way Permit page says checking whether work is in the City right-of-way may include "Checking the distance from the property line to the face of the curb, which can range from 10 to 22 feet." It adds that a search of City as-built records and a review of the property's title report are required to determine whether a spot lies within a City right-of-way, and recommends a licensed professional. So the right-of-way often starts somewhere inside what looks like a front yard; there is no single distance that applies to every street.
What the Municipal Code says
The general rule. Municipal Code section 54.0110, "Unauthorized Encroachments Prohibited," says: "It is unlawful for any person to erect, place, allow to remain, construct, establish, plant, or maintain any vegetation or object on any public street, alley, sidewalk, highway, or other public property or public right-of-way, except as otherwise provided by this Code."
- Belongings on the sidewalk. Section 54.0105 makes it unlawful "to place, or allow to remain, any goods, wares, baggage, personal property or merchandise on any sidewalk or curb, between the outer edge of the sidewalk or curb and the property line," with exceptions for loading and unloading, permitted sidewalk vending and sidewalk sales under a Special Event Permit.
- Rocks and debris on the pavement. Section 54.0115 makes it unlawful to "throw, deposit or drop" any "dirt, pebbles, boulders, hard pan, rock, crushed rock, glass or debris upon any paved street," and section 54.0115.1 makes each day it is allowed to remain a separate offense.
- When a permit is required. Chapter 12's Public Right-of-Way Permit rules (section 129.0702) require a Public Right-of-Way Permit for "The construction of privately owned structures, facilities, or improvements in the public right-of-way," and for "The planting of any tree, shrub, or plant greater than 30 inches in height in the public right-of-way" not covered by a Street Tree Permit. The City Engineer may also require a building permit for private structures encroaching into the right-of-way.
- What is exempt. Section 129.0703 says no Public Right-of-Way Permit is needed for underground irrigation in the parkway, or for "landscape in the parkway that is less than 30 inches high," when either will be maintained by the fronting property owner. It also says an exemption "does not authorize any work to be done in violation of" right-of-way or other regulations. Street trees fall under the separate Street Planting rules in Chapter 6; see our street trees guide.
Encroachment permits and agreements
- What counts as an encroachment. Development Services Information Bulletin 576 says "An encroachment is any privately owned and maintained improvement located within the public right of way or a public easement." Its examples include non-standard improvements in the parkway (landscape features not clearly exempt in the Municipal Code), private storm drains connected to public drainage, and planter boxes. Standard driveways, standard water, sewer or fire services and sidewalk underdrains are not considered encroachments.
- The Encroachment Maintenance and Removal Agreement. Municipal Code section 129.0715 requires an Encroachment Maintenance and Removal Agreement (EMRA, form DS-3237) "for any privately-owned and/or privately-maintained encroachment located in the public right-of-way." Under it, the owner maintains the encroachment at their own cost and risk, indemnifies the City, carries liability insurance ($500,000 for encroachments serving a single dwelling unit, $1 million otherwise), and agrees to remove or relocate the encroachment within 30 days after notice from the City Engineer, or the City Engineer may have the work done and the cost becomes a lien on the land. Bulletin 576 says the agreement is in most cases recorded with the County Recorder against the benefitting property.
- Which permit. As of November 3, 2026, Bulletin 576 says most encroachments need a Public Right-of-Way Permit, a staff-level decision. A Neighborhood Development Permit is required first when the encroachment is in a street or alley fronting the applicant's property, except for items such as private hardscape, ramps for disabled access, and fences or walls 3 feet or less in height; that process requires notice to owners, tenants and community planning groups within 300 feet. If the applicant does not own the fronting property, a Site Development Permit decided by the Planning Commission is required.
- Even without a permit. The Right-of-Way Permit page says "Although a ROW permit may not be required for a project, an EMRA may still be needed for the private encroachment in the public ROW," and points questions to the Development Services engineering booth at 619-446-5152.
Boulders, fences, hoops, cones and signs
- Boulders, rocks and planters on the parkway. Low landscaping maintained by the owner is exempt from the right-of-way permit, but Bulletin 576 treats planter boxes and non-standard parkway landscape features that are not clearly exempt as encroachments needing City approval. Whether a specific boulder or planter was approved is something only the City's records can answer, so describe what you see rather than assuming.
- Fences and walls past the property line. Section 129.0710 lets the City Engineer approve a fence or wall in a street or alley right-of-way only if it is 3 feet or less in height, there is no present use for that right-of-way, and it is consistent with the zone and City standards; others need a development permit first. On private property, Building & Land Use Enforcement's Priority of Cases page lists "Fence/wall violations" among complaint types it does not currently investigate because of budget cuts, as of November 3, 2026. Our overgrown hedges guide covers fence heights near corners and driveways.
- Cones, chairs, "reserved" signs and basketball hoops. Section 54.0110 covers "any vegetation or object" on a public street, sidewalk or other right-of-way, except as the Code provides. As of November 3, 2026, we did not find a City page that addresses saving a parking space or portable basketball hoops specifically. Our parking guide covers where cars may and may not park, including on the parkway.
- Trash and recycling bins. Get It Done's Containers Left Out Beyond Collection Hours type is for "trash containers left out after 6 p.m. on your scheduled collection day, in violation of San Diego Municipal Code Section 66.0106."
- Covered in other guides. Signs and stakes on public property: signs and flyers guide. Dumpsters, storage pods and building materials: dumpsters guide. Plants growing over the sidewalk: overgrown hedges guide. Scooters and bikes: scooters guide. Sidewalk tables and chairs for a business: outdoor dining guide.
Who enforces, and how to report
- Get It Done. As of November 3, 2026, the City's list of Get It Done report types has no general type for private objects in the right-of-way. Use a matching type where one exists (dumpsters, vegetation, trash containers), and otherwise Other. The list notes: "Problems reported under the "Other" category are not automatically processed and may require more time to review."
- Police. A 2019 San Diego Police Department training bulletin on section 54.0110 says "Officers may enforce Encroachment anywhere in the city, with or without a complaint, at any time." It tells officers to weigh factors such as the size of the obstruction, complaints, and its impact (for example, "pedestrians walking in traffic lane, lack of wheelchair access"), and says that at times "a verbal warning is sufficient." SDPD's contact page lists the non-emergency numbers 619-531-2000 and 858-484-3154.
- A blocked path for wheelchairs or walkers. If an object leaves too little room to pass, our accessibility barriers guide explains the City's ADA reporting route.
- Problems on private property. Building & Land Use Enforcement handles violations on private property, such as unpermitted construction; our code enforcement guide explains how to file and what it currently investigates.
What to include, and a neighborly approach
- Exact location. The street address or nearest cross street, and where the object is: in the traffic lane, on the curb, in the planting strip, or on the sidewalk itself.
- Photos from public property. Show the object and how much walkway or roadway it leaves open. Take them from the sidewalk, the street or your own property.
- How long and how often. Note whether it is there all the time or comes and goes, for example cones that appear each evening.
- Do not move it yourself. Some objects in the parkway may have been approved under an encroachment agreement, and the Code puts removal on the owner or the City Engineer. Moving heavy items such as boulders or planters can also cause injury. Report it instead, and call 911 only for an immediate danger.
- Talking with a neighbor. Many owners do not know where the right-of-way begins. A calm, friendly conversation may solve it faster than a report. For neighbor disputes, the City's Priority of Cases page points residents to the National Conflict Resolution Center for mediation, at 619-238-2400.
Who to call: quick reference
An object in a traffic lane causing an immediate danger, a crash, or someone hurt
Responsible: Emergency services
Contact: Call 911.
Cones, chairs, boulders or other objects on the street, sidewalk or parkway, with no other matching report type
Responsible: City of San Diego
Contact: Get It Done Other, with photos and the address.
A non-emergency encroachment you want police to look at
Responsible: San Diego Police Department
Contact: Non-emergency line: 619-531-2000 or 858-484-3154.
Trash or recycling bins left out in the street after collection day
Responsible: City of San Diego
Contact: Get It Done Containers Left Out Beyond Collection Hours.
A dumpster or storage container in the street or on the sidewalk
Responsible: City of San Diego
Contact: Get It Done Dumpster Encroaching on Public Right of Way.
Private hedges, shrubs or branches blocking the sidewalk or street
Responsible: City of San Diego
Contact: Get It Done Vegetation Encroachment.
Questions about whether your own planned improvement needs an encroachment agreement
Responsible: Development Services Department
Contact: Engineering booth: 619-446-5152.
Let your neighbors know
Report the problem to the right agency first, and call 911 if anyone is in danger. If an object keeps blocking a sidewalk or street after you reported it, sharing it on SaveSanDiego lets neighbors see it has already been reported, add details and follow it. SaveSanDiego is an independent community platform, not a City service.
Frequently asked questions
How far does the public right-of-way extend from the curb in San Diego?
It varies. The Municipal Code defines the public right-of-way as a public easement for streets, alleys or other uses, and the parkway as the area within it between the curb and the right-of-way line, including the sidewalk. The City's Right-of-Way Permit page says the distance from the property line to the face of the curb can range from 10 to 22 feet, and that a search of City as-built records and the property's title report is needed to confirm whether a spot is in the City right-of-way.
Can I put boulders, rocks or planter boxes on the parkway in front of my house?
Not without City approval, in most cases. Development Services Information Bulletin 576 says an encroachment is any privately owned and maintained improvement in the public right-of-way, and lists non-standard parkway improvements (landscape features not clearly exempt in the Municipal Code) and planter boxes as examples. As of November 3, 2026, it says most encroachments need a Public Right-of-Way Permit and an Encroachment Maintenance and Removal Agreement signed by the benefitting property owner.
Can I plant in the parkway without a permit?
Some planting, yes. Municipal Code section 129.0703 exempts from the Public Right-of-Way Permit underground irrigation in the parkway and landscape in the parkway under 30 inches high, when maintained by the fronting property owner. Section 129.0702 requires a permit to plant any tree, shrub or plant over 30 inches high in the right-of-way, unless a Street Tree Permit covers it. Bulletin 576 adds that the exempt landscape must not raise the existing grade.
Can a neighbor build a fence or wall past the property line?
Only with City approval. Under Municipal Code section 129.0710, a fence or wall in a street or alley right-of-way that is 3 feet or less in height, where there is no present use for the right-of-way and it is consistent with the zone and City standards, can be approved by the City Engineer in a staff-level decision; other private structures need a Neighborhood Development Permit or Site Development Permit first. As of November 3, 2026, Building & Land Use Enforcement lists fence and wall violations among complaint types it does not currently enforce.
Is it legal to save a street parking space with cones, chairs or trash cans?
Municipal Code section 54.0110 makes it unlawful to place, or allow to remain, any object on a public street, alley, sidewalk or other public right-of-way, except as otherwise provided by the Code. As of November 3, 2026, we did not find a City page that addresses saving parking spaces specifically. Trash containers have their own rule: Get It Done says leaving them out after 6 p.m. on your collection day violates section 66.0106, and has a report type for it.
How do I report an object blocking the sidewalk or street?
As of November 3, 2026, Get It Done has no general encroachment report type. Use a matching type where one exists (Dumpster Encroaching on Public Right of Way, Vegetation Encroachment, Containers Left Out Beyond Collection Hours); otherwise use Other, with the address and photos. Get It Done says Other reports are not automatically processed and may take more time. For an immediate traffic hazard, call 911; for other police matters, the SDPD non-emergency line is 619-531-2000.
Can I move or remove a neighbor's object from the parkway myself?
This guide does not recommend it. Under Municipal Code section 129.0715, a permitted encroachment must be removed or relocated by the owner within 30 days after notice from the City Engineer, or the City may do the work and the cost becomes a lien on the land; an object may also have been approved. Report it to the City instead, take photos from public property, and call 911 only if it creates an immediate danger.
Sources
- San Diego Municipal Code, Chapter 5, Article 4, Division 1 (PDF): sections 54.0105, 54.0110, 54.0115
- San Diego Municipal Code, Chapter 12, Article 9, Division 7 (PDF): sections 129.0702, 129.0703, 129.0710, 129.0715
- San Diego Municipal Code, Chapter 11, Article 3, Division 1 (PDF): section 113.0103 Definitions
- San Diego Municipal Code, Chapter 6, Article 2, Division 6 (PDF): Street Planting
- Development Services: Right-of-Way Permit
- Development Services: Information Bulletin 576, How to Obtain a Permit for Encroachments in the Right-of-Way (as of November 3, 2026)
- Development Services: Encroachment Maintenance and Removal Agreement, Form DS-3237 (PDF)
- Building & Land Use Enforcement: Priority of Cases (as of November 3, 2026)
- San Diego Police Department: Training Bulletin 19-10, Unauthorized Encroachments Prohibited (PDF, 2019)
- San Diego Police Department: Contact
- Get It Done: Guide to Get It Done Reports and Services (as of November 3, 2026)
- Get It Done: Other form
- Get It Done: Containers Left Out Beyond Collection Hours form
Last checked November 3, 2026. Code sections, permit rules, enforcement priorities, report categories and contacts can change; the City's own pages and the Municipal Code are the final word. In an emergency, call 911. This guide is general information, not legal advice.