Usually not without written approval. A public easement lets the utility reach and dig up its line, so Valley plat rules limit what can sit in it. Glendale requires written sign-off from every utility and the city for buildings in an easement. The recorded easement and the easement holder decide.
Why does a building over a main cause a problem?
A public main needs access. When it breaks, the utility has to dig, and a slab, footing or wall in the way turns a routine repair into a demolition. Cities write that concern into their rules.
Scottsdale's code puts it directly: "No person shall place in, upon or about any sewer line and related appurtenances any object, material, debris or structure of any kind that will prevent free access to or flow of the same at all times." Scottsdale also says a private building sewer may not run in a public utility easement "except to directly connect to a public sewer."
The Fountain Hills Sanitary District says "Encroachment into a public utility easement is strictly prohibited without the permission of the utilities having the authority to use that easement." Permission comes through an encroachment permit.
What do Valley plat and zoning rules say?
The rules vary by city, and most are written into the plat notes. Here is what the primary sources say.
- Glendale. Final plats must carry a note that "construction and improvements within easements shall be limited to only the following: a. Wood, wire or removable section-type fencing. b. Construction, structures or buildings expressly approved in writing by all public utilities and the City of Glendale which use or shall use the utility easement." A building needs approval from every utility and the city, in writing.
- Chandler. The final plat rule says "Construction within the easement shall be limited to public services, utilities, and wood, wire or removable section type fencing." A building is not on that list.
- Buckeye. Building features that project over a lot line are limited: "Projections shall not extend or encroach into any easement(s) or right(s)-of-way unless approved by the City and any easement guarantees upon which a projection is proposed." That sentence covers projections such as awnings and bay windows, so do not read it as a full building rule.
- Phoenix. The city's Water Services flyer says Phoenix "requires a civil permit to excavate within a PUE," and tells you to get permission to enter the property where the utility sits, get the civil permit, and call Arizona 811.
Where a rule does not mention a building at all, the plat, the dedication and the utility's own standards still govern. Your title commitment and the recorded easement document tell you what the holder can do.
What about slabs, footings, canopies and parking?
Some items are not buildings but still sit on the easement. The rules above do not list them as allowed, so treat each as something to get approved.
- Slab or foundation. A permanent structure. Plan to ask the holder in writing.
- Canopy or overhang. May count as a projection. See Buckeye's wording above.
- Dumpster pad, wall or paved parking. Not on Chandler's or Glendale's allowed lists. See what can go in a public utility easement for the comparison.
Do not assume that an approved building permit clears the easement. The building department reviews the structure, and the utility holds its own rights. Get both.
What if the building is already over the line?
Start with the facts. Pull the recorded easement and plat, locate the line, and find out who holds the easement. Then ask the holder for a written agreement. Our page on how an easement encroachment agreement works covers that step. A camera inspection of the line can show its condition and exact path, which helps in that conversation.
If the answer is no, the realistic options are to move the building or reroute the line, which would be done with the utility's approval and an engineer's plans.
What should you do before design is locked?
- 1Find every easement. See how to find the utility easements on your commercial property.
- 2Identify the holders. A city, SRP or APS, Southwest Gas and communications companies can all share a strip.
- 3Ask for written approval before the architect commits the footprint.
- 4Locate the line. A locate and a pothole at the crossing give real depth and position.
- 5Keep records. Where a code asks for it, record the approval with the Maricopa County Recorder. Avondale does for pools in an easement.
HQ Plumbing & Air can run a camera through a sewer line to document its condition and path before you design around it, with free estimates and upfront pricing.
This page explains general rules and is not legal advice. Your recorded plat, deed, easement document, lease and the holder's written consent control, so have your attorney review them before you build.