During ADU permitting in the City of San Diego, homeowners may encounter an unfamiliar requirement called an EMRA. This requirement can arise even when the proposed ADU will not extend into the public right-of-way.
What Is an EMRA?
EMRA stands for Encroachment Maintenance and Removal Agreement. It is an agreement between a property owner and the City of San Diego that allows privately owned improvements to remain within a public right-of-way or public service easement.
A public right-of-way, or ROW, is an area reserved for public uses such as streets, sidewalks, alleys, and utilities. It often extends beyond the curb or sidewalk into an area that appears to be part of a homeowner’s front yard.
A public service easement gives the City the right to access and use a defined portion of private property for utilities or other public infrastructure. The homeowner still owns the property, but improvements within the easement may be restricted or subject to removal. Learn more about how easements can affect an ADU project.
Common examples of private encroachments include:
- Landscaping and irrigation
- Pavers or other hardscape
- Planter boxes
- Private drainage improvements
- Nonstandard utility connections
According to the City, an EMRA is required for privately owned or maintained encroachments located within a public right-of-way or public service easement. A right-of-way permit may not be required in every case, but an EMRA may still be necessary.
Learn more about the City of San Diego’s EMRA requirements.
Why Can an ADU Trigger an EMRA?
An ADU application gives the City an opportunity to review existing site conditions. During plan check, City Engineering may identify landscaping, irrigation, pavers, or other private improvements that have been located within the public right-of-way for years without a recorded agreement.
The EMRA is not necessarily being required because the ADU creates a new encroachment. Instead, the ADU permit review may uncover an existing condition that the City now requires the homeowner to document.
What Does Signing an EMRA Mean?
The agreement allows the private improvements to remain while confirming that the homeowner is responsible for maintaining them. In most cases, the EMRA is recorded against the property and remains in effect for future owners.
It also confirms that the City may require the encroachment to be removed, relocated, or restored if the area is needed for a public purpose. However, the agreement does not generally create a new City right. The City already has rights within the public right-of-way. The EMRA formally documents the existing private use of that area.
The City’s standard agreement includes additional responsibilities related to maintenance, liability, insurance, and removal. Homeowners should review the specific agreement carefully before signing. View the City’s EMRA form.
Can You Avoid an EMRA?
Potentially, but the encroachment usually must be physically removed. For example, removing all affected landscaping, irrigation, or pavers and revising the plans to show a clear right-of-way may eliminate the basis for the agreement.
This is not always the simplest or least expensive option. Removing mature vegetation could create additional costs or trigger landscaping, habitat, or environmentally sensitive lands review. Challenging the requirement while leaving the encroachments in place may also add plan-check cycles without changing the City’s decision.
For many homeowners, completing the EMRA is the most direct path forward. An experienced ADU team can review the affected area, explain the available options, and help prevent the requirement from creating unnecessary delays.
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