Does Scottsdale require a permit to dig in the right-of-way for plumbing?

A person who wants to use the right-of-way for anything other than its public uses must have a Permit to Work in the Right-of-Way, called a PWR. Some public uses also need one. A person who uses the right-of-way regularly may be issued an annual PWR. If it is unclear which applies, the Right-of-Way Supervisor decides, and that decision is final.

The code lists examples that need a PWR, which include:

• Working in the right-of-way to construct, install, maintain or modify public or private improvements.
• Using the right-of-way for barricades for that work.
• Borings and potholing.
• Curb cuts.
• Roll-off dumpsters and special events in the right-of-way.
• Testing utilities, including fire hydrants.

An annual PWR covers uses such as utility maintenance and repair and commercial landscape maintenance.

Every PWR holder must:

• Get any additional permits needed, such as a building permit, barricade plan, private improvement permit or native plant permit.
• Do safe, workmanlike work that meets the improvement standards in Article III of Chapter 47.
• Follow all federal, state, county and city laws, and the permit and approved plans.
• Carry the insurance the city's Design Standards and Policies Manual requires, and indemnify the city.
• Keep the PWR and any barricade plan on site while work is going on.

The city may require a cash deposit or letter of credit if the project impairs or destroys existing public improvements, or if the work is on a collector or higher volume street in the Transportation Master Plan. The city may revoke a PWR for cause, and if the holder violates it the city may cure the violation at the holder's cost.

• Right-of-way: the public area or interest for streets, alleys and sidewalks. Work in it is under the city's control even if the utility line serves your building.
• PWR versus PIR: a PWR covers the act of working in the right-of-way. A permit for private improvements (PIR) covers something private that stays there, such as a private structure. Sec. 47-51(b) says a pipe or conduit carrying city water from the meter to the private use, or waste water from the private use to the city sewer connection, does not need a PIR.
• Annual PWR: a permit for routine repeated work, such as a utility crew's maintenance. A one-time plumbing repair normally uses a standard PWR.

Anyone doing the work: a plumbing contractor repairing a sewer lateral in the street, a general contractor boring for a new water service, or an owner hiring either. The permit covers work in the right-of-way only. Work on private property follows the building and plumbing permit rules. Section 47-52 adds that a PWR does not excuse a violation of any other city code.

A restaurant with a failed lateral. The line is broken under the alley. The contractor pulls a PWR, gets barricade approval if lanes close, and restores the alley. The city's sewer excavation rule in Sec. 49-115 says the same permit route applies.

A new tenant that needs a bigger water service. The line crosses the street. The contractor bores under the street with a PWR and, because of a busy collector street, may post a deposit or letter of credit.

The edge case: the question of which permit. The Right-of-Way Supervisor's decision on PWR versus annual PWR is final. Ask before you start rather than after a stop-work call.

1. 1Find the property line on your plat or survey and mark where the work crosses it.
2. 2Ask your contractor whether the digging is in the right-of-way. If it is, the PWR is on them and on the schedule.
3. 3Ask the Right-of-Way Supervisor how the city wants the application filed and whether a barricade plan is needed.
4. 4Line up insurance certificates before you apply, since the code requires the insurance in the city's manual.
5. 5Keep the PWR on site and schedule the city's inspection when work is done.

• "A plumbing permit covers the street." The building permit does not cover work in the right-of-way. The PWR is separate.
• "Potholing is just looking." The code names borings and potholing as PWR work.
• "The permit fixes a code problem." Sec. 47-52 says a permit cannot authorize a violation of another code.

This page summarizes the code. The adopted text on Municode governs.