Local Development Review

The Local Development Review (LDR) program is a legislatively mandated, ongoing statewide effort focused on avoiding or reducing significant impacts to the State Highway System (SHS) from land use proposals, including general plans and any other local, state, and federal government actions that may adversely impact the transportation system. 

A land use project that includes project work within Caltrans Right-of-Way (ROW) or may have impacts on the State Transportation Network (STN) is required to obtain a Caltrans-issued Encroachment Permit and depending on the scope of work or complexity, oversight by a Caltrans Project Manager.  

LDR is a Caltrans planning unit that reviews land use development projects and facilitates early coordination meetings with local agencies before an Encroachment Permit Application Package is submitted for processing.  The District Encroachment Permit Offices only accept projects with 100% completed design. 

District LDR has the following key functions:

• Facilitate project coordination
• Review and comment on environmental documents for land use projects

What type of projects are routed through the LDR process? 

A land use project that includes project work within Caltrans Right-of-Way (ROW) or may have impacts on the State Transportation Network (STN) is required to obtain a Caltrans-issued Encroachment Permit and depending on the scope of work or complexity, oversight by a Caltrans Project Manager.  A Caltrans Project Manager is responsible for the delivery of transportation improvement projects on the State Highway System. The Project Manager will ensure that assigned projects are completed within approved cost, scope, and schedule.

Project Early Coordination

LDR welcomes coordination opportunities with external agencies.  We facilitate project coordination meetings and assist with general/project-specific inquiries. We prefer to coordinate with the lead agency.  If a project applicant/consultant directly reaches out to us, pleas also include your lead agency or contact. Figure 1 shows the LDR Coordinator Process when a project is submitted for review.

Project submittal during early involvement should include:

• Project description
• Location Map
• Site Plans
• Transportation Impact Study (if available)

Depending on the request, we may also need to review other topic-specific reports (such as hydrology report, geotechnical report, biology report, etc.)

Project Early Coordination Review Process

• Lead agency sends project material to District LDR office and a LDR coordinator will be assigned to handle the project
• LDR coordinator reviews the submittal and may ask for additional information
• LDR coordinator circulates the project to relevant functional units within Caltrans
• It typically takes 3-4 weeks to complete the review and circulation process.  When completed, LDR coordinator will provide feedback to the lead agency
• LDR also encourages lead agency to set up a "pre-application meeting" with the appropriate District Encroachment Permits Office

Environmental Document Review

LDR is responsible for reviewing and commenting on environmental documents for land use projects that may potentially impact the STN.  Our branch closely monitors projects posted on CEQAnet. The review of projects posted on CEQAnet is time sensitive as CEQA establishes the required length of comment period for different types of environmental documents. 

LDR Environmental Document Review Process

• LDR coordinator identifies a new project on CEQAnet, or lead Agency send LDR environmental documents. 
• LDR coordinator reviews the project's environmental documents and determines if any actions are needed on the project
• If needed, LDR coordinator circulates the project to relevant functional units within Caltrans
• LDR provides feedback to the lead agency:
  • If we have comments, LDR coordinator will prepare a comment letter and copy the State Clearinghouse by the deadline established on CEQAnet. 
  • If we have comments, LDR coordinator will notify the lead agency

Encroachment Permits

An "encroachment" is defined in Section 660 of the California Streets and Highways Code as "any tower, pole line, pipe, pipeline, fence, billboard, stand, or building, or any structure object or any kind or character not particularly mentioned in the section, or special event, which is in, under, or over any portion of the State highway rights of way. "Special event" means any street festival, sidewalk sale, community-sponsored activity, or community-approved activity."

When is an Encroachment Permit required?

Unless under contract with Caltrans, all entities must obtain an Encroachment Permit to enter and conduct any activity within, under, or over the State highway right-of-way. Entities that must obtain an encroachment permit include, but are not limited to, individuals, contractors, corporations, utilities, cities, counties, Native American Tribes, and other governmental agencies.

Work within the State highway right-of-way is exempt from Encroachment Permits only when it is:

• A State Highway construction contract being performed for Caltrans.
• A Caltrans service contract that specifically exempts the contractor.
• A delegation of a maintenance agreement.
• Authorized by District Right-of-Way when the work is located in non-operating State highway right-of way.
• Authorized by the California Vehicle Code and the associated activities do not affect highway operation and/or safety.

Some examples of work requiring an encroachment permit are utilities, excavation, encroachment renewals, advertisements (when allowed by statute), vegetation planting or trimming, surveys, mailboxes, driveways, installation or removal of tire chains for compensation, special events, and commercial filming activities. 

To process the Encroachment Permit Application Package, the following information is required:

• Depending on the scope of work and applicability, project plans should include site plan, grading plan, contour grading plan, street improvement plan, structural plan and calculations, profile and superelevations plan, cross sections at 50 foot intervals, utility plan, drainage plans with hydrology map and calculations, striping plans, signal and lighting plans, landscaping plan, irrigation plan, electrical plan and traffic control plan. 
• Traffic impact data (existing and proposed)
• Hazardous Waste investigation and assessment clearance
• Right of Way dedication
• Final approved Environmental document. To ensure the timely processing of a Caltrans Encroachment Permit, the applicant must study all relevant environmental issues, within the State highway right-of-way. The natural environment, cultural resources, and hazardous waste are likely issues, although there may be others.  Required studies must be completed by a qualified professional and approved before a permit can be issued. Caltrans environmental specialists will review these studies and environmental documents for sufficiency. Caltrans recommends that the environmental consultant hired for the general project include the potentially affected Caltrans right of way (at a minimum 1000 feet on either side of the proposed access point) in its study area and environmental documentation. 
 

Submittal of an Encroachment Permit Application Package (EPAP) 

Instructions on how to submit EPAPs are available at:

https://dot.ca.gov/programs/traffic-operations/ep

Applicants must include applicable supporting documentation with their EPAP such as: plans, location map, environmental documentation, letter of authorization, surety bonds, liability insurance, LDR comment letter, Lead Agency's response to the comment letter, new or amended Maintenance Agreement, approved Design Standard Decision Document, approved Encroachment Policy Exception Request, Airspace Lease Agreement, etc. 

The District Encroachment Permits Offices require 100% complete design plans and supporting documents to review and circulate the permit application package. 

Please note that the checklist TR-0416 is used to determine the appropriate Caltrans review process for Encroachment Projects.

Figure 2 illustrates the applicant's checklist to determine the appropriate review process.

 

Outdoor Advertising Permits (ODA)

Caltrans regulates the placement of Outdoor Advertising displays visible from California highways. Caltrans performs regular reviews of freeways and highways identified on the National Highway System to enforce Outdoor Advertising requirements under the Federal Highway Beautification Act and the State's Outdoor Advertising Act. The ODA is also responsible for the accurate, timely, and consistent application of statutes and regulations governing outdoor advertising displays. For additional information, please visit: https://dot.ca.gov/programs/traffic-operations/oda

Mitigation

The LDR Coordinator will provide a Caltrans comment letter containing concerns, requesting additional documents and mitigation efforts. If Caltrans determines that its concerns were not addressed in the draft environmental document, LDR coordinators can request additional studies or mitigation activities from the Lead Agency as part of their review of the final environmental document. After the project is approved, LDR coordinators monitor the project to ensure impacts on the SHS are mitigated as committed by the Lead Agency in the Adopted Mitigation Monitoring Plan (MMRP). Lead Agencies are mandated to track the mitigation that is performed.

A LDR comment letter does not mean final approval for an Encroachment Permit, nor does it supersede Encroachment Permit related concerns, if any.

For more information on Encroachment permits, please refer to the Division of Traffic Operations.

  Encroachment Permits | Caltrans