Surprise City Code 58-425 and 58-218: permits to dig for sewer and water lines

Sec. 58-425(a) covers sewer lines: anyone who excavates "for the purpose of laying any sewage lines or pipes in the public streets, ROW, alleyways, or upon the property of the city without first acquiring a city construction permit and complying with the provisions in this article, is guilty of a class 1 misdemeanor." Subsection (b) adds that "Applications for permits to construct sewer system extensions within the city service area shall be made to the city."

Sec. 58-218 says the same for water lines, with a civil or criminal charge instead of the misdemeanor. Subsection (b) says applications for water supply distribution facilities or main extensions "are required and shall be granted if such permits have been prepared in accordance with the terms of this article." Subsection (c) says city permits "do not release such person of any permitting or approval requirements deemed necessary by any state or county agency," and that a project without all other required approvals "will not be approved."

• Construction permit: the city's permit to build the line. Repairs to an existing commercial lateral that cross the property line follow Sec. 58-312(b), covered on its own page.
• ROW: public right-of-way: the street, alley or sidewalk corridor the city controls.
• Extension: a new sewer or water main or line added to the city system. These are the applications the code names.
• Other agencies: state or county reviews, such as those that apply to a state highway or county road.

Contractors and owners laying sewer or water lines in public streets, right-of-way, alleys or city property, and developers extending the systems. It does not cover on-lot plumbing inside your building.

A developer extending a sewer to a new pad. The extension goes in the street. The contractor applies to the city for the construction permit before trenching.

A water line under a county road. The city permit is not enough. Sec. 58-218(c) requires the county's approval too, and the city will not release the project without it.

The edge case: repairing an existing commercial lateral. That is not a new line, and Sec. 58-312(b) sets its own two-permit rule.

1. 1Confirm whether the work is a new line or extension, which falls under these sections, or a repair to an existing lateral, which falls under Sec. 58-312(b).
2. 2Confirm who owns the road: city, county or state.
3. 3Apply through the city's Permits and Applications Portal, or ask Community Development at 623-222-3000 which permit applies. The code does not list the steps or fees.
4. 4Collect any county or state approvals and give the city the documents before project release.
5. 5Call Arizona 811 before you dig.
6. 6Do not open the street until the permit is issued.

• "A city permit covers everything." Sec. 58-218(c) says other agencies' approvals still apply.
• "It is only a paperwork problem." Sewer digging without the permit is a class 1 misdemeanor.
• "This is the repair permit." The lateral repair rule is a different section.
• "Every city uses the same office." Mesa sends this permit to the City Engineer.

The rules are Surprise Municipal Code Sec. 58-425 and Sec. 58-218 on Municode. Both are short, so read them yourself. The city's answer for your project, not this summary, decides a real dispute.