Permanent Encroachment Agreement

Property owners may apply for a permanent encroachment to use City owned and/or controlled lands, including but not limited to:

  • Hard, permanent landscaping features including retaining walls of any height made of rigid materials, such as stone or concrete
  • Fences
  • Irrigation systems
  • Canopies, awnings, balconies, etc.

Each application is reviewed and considered on a case-by-case basis. Submission of a completed application does not guarantee that an encroachment will be approved, and the City may decline to authorize an encroachment for any reason. A Permanent Encroachment Agreement will, in no case, be construed as a waiver of the City’s rights in respect of the City owned and/or controlled property. The City reserves the right to direct the permanent encroachment be removed at any time on reasonable notice.

Apply for a Permanent Encroachment

  • Fill out an application for permanent encroachment
  • Email the completed application to the Engineering and Public Works Department, to the email address noted on the form
  • The department will review the application, which may take up to 6 weeks
  • A site visit or inspection, or additional documentation, may be required to process the application
  • Applicant must provide proof of third-party liability insurance coverage with an insurance company licensed to operate in British Columbia:
    • A minimum per occurrence coverage of $5 million
    • The City as additional insured
    • A 30-day cancellation provision that requires prior notice be given by the insurer to the City
    • Annually provide proof that the third-party liability insurance coverage has been renewed
  • If found acceptable, the City will enter into a Permanent Encroachment Agreement with the property owner

Terms for an Encroachment Agreement

  • Install the encroachment in a lawful manner including obtaining any necessary permits and approvals
  • Keep the encroachment in a safe, clean, and well-maintained condition always and pay all expenses associated with the encroachment
  • The encroachment is binding for life to the property unless the encroachment is removed, regardless of property ownership changes
  • Pay the annual permit fee associated with the encroachment
  • Remove the encroachment upon the City’s request and be responsible for all costs and expenses incurred for the removal of the encroachment
  • Encroachment must comply with all Federal and Provincial laws, as well as City Bylaws


Encroachment fees vary depending on the square footage of the encroachment, the assessed value of the land, the nature of the encroachment, and how invasive the encroachment is. The applicant may also be required to pay a $75 application fee. GST is added to all fees.

If the Encroachment application is not approved

A permanent encroachment will not be permitted or approved if it:

  • Creates or has the potential to create a hazardous situation
  • Impedes, obstructs, or damages utilities or results in their unsafe exposure
  • Is in a parkland
  • Obstructs sightlines
  • Is over utilities
  • Is within an emergency access

Additional Information