Often yes, and usually at the owner's cost. An easement gives the holder the right to reach its line. Mesa reserves the right to remove structures that interfere with its gas system and bill the customer. Surprise makes the owner replace plants and fences destroyed by utility work in an easement.
What do the codes actually say?
The language differs, but the direction is the same.
- Mesa (gas system). Mesa's gas service rules say "A Customer shall not construct or install any structure (including walls, fences, mailboxes and other permanent objects) or excavate or place fill near any City facilities or part of the System in such a manner that such structure, excavation or fill interferes with the Department's ability to safely operate, maintain and protect the System." Then: "The City reserves the right to remove or modify any structure, fill any excavation, or remove any fill that interferes with the ability to safely operate, maintain and protect the System and may charge the Customer for such costs. The City shall not be liable to Customer for any loss or damage to Customer's property resulting from such action."
- Surprise. "The destruction or removal of plant and landscape material, or fences, located in a public utility easement (PUE), water easement or sewer easement resulting from installation or maintenance of utility infrastructure by a service provider shall be replaced in accordance with the approved landscape plan by the property owner."
- Scottsdale (sewer). "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."
- Buckeye (sewer). "The user shall safeguard the public infrastructure placed on the user's premises and shall permit access to it by the authorized representatives of the water resources department."
Mesa's rule is about its gas facilities, so read it as an example of how a city writes the right, not as a sewer rule. The other three apply to sewer or to easements for water and sewer.
What about a fence?
A fence is the item most likely to be affected, and some plats plan for it. Chandler's final plat rule allows "wood, wire or removable section type fencing" in an easement. Glendale's plat note uses the same words. A fence designed to come apart in sections is a fence designed to be moved when the utility digs. A block wall is different, and it is not on those lists. For the lists, see what can go in a public utility easement.
Under Surprise's rule, the owner replaces a fence that utility work destroys. Do not assume the utility will rebuild it.
What about a slab, a building or a dumpster pad?
The sources do not spell out demolition of a building. What they show is the rights: access, removal of interfering structures, and charges to the customer. A building over an easement is the hardest case because the holder's access is blocked and there is no cheap way to move it. That is why the plat rules require written approval before a building goes in. See whether a commercial building can be built over a sewer or water easement.
Practical points for a commercial owner:
- 1Do not assume you will be compensated. Mesa's text says it is not liable for loss to your property from that action.
- 2Ask the holder for written terms before you build. An encroachment agreement can address removal and restoration. See how an easement encroachment agreement works.
- 3Document the condition first. Photos before and after help if a dispute follows.
- 4Plan a way in. Keep a clear path to manholes, cleanouts and valves.
What happens when the work is on your private line?
Then the permit and cost questions change. A repair to a private lateral in an easement is the owner's job in many cities. See who repairs a sewer line that runs through an easement behind your building. For permission to dig, see whether a plumber needs permission to work inside a utility easement.
What should you do if the utility gives notice?
- 1Ask for the plan in writing, including what will be removed and what will be restored.
- 2Take photos and measurements of the fence, wall, landscaping and paving.
- 3Check your recorded easement and any agreement for restoration terms.
- 4Move what you can yourself if the utility allows it, since that may save a component.
- 5Notify your insurer and landlord or tenants if business operations will be affected.
HQ Plumbing & Air is licensed and insured and gives free estimates and upfront pricing on sewer and water line work, including a camera inspection to locate the problem before anyone digs.
This page explains general rules and is not legal advice. The recorded easement, your agreements and the utility's own rules control.