Commercial excavation or obstruction in a public street, alley or sidewalk generally requires authorization from the responsible city, county or ADOT, separate from building plumbing permits. Determine the jurisdiction, permits, qualified contractor and utility-locate requirements before scheduling work.
Why the street needs its own permit
A building permit covers work inside your lot. The street belongs to the public, so a different office decides who can cut into it, when, and how it gets put back.
Phoenix spells this out in its building code amendments. Section 105.1 says "Separate permits shall be obtained from the Planning & Development Department for work within the public right of way including off-site sewer or water extensions; sewer or water taps and all connections to public sewer and water; paving, curb cuts, driveways and sidewalks, and landscaping." In other words, a tap onto the city main is not covered by the permit you pulled for the restroom remodel.
Mesa says the same thing in its own words. Section 9-1-2(A) makes it unlawful to make "any excavation" or "in any manner disturb or obstruct" the street, alley, right-of-way or public easements of the city without first getting a Right-of-Way Permit. Owners and property managers often hear "we have a permit" and assume it covers the whole job. It usually covers only the part on private ground.
### What counts as work in the street
If it touches public ground, it counts. That includes:
- Repairing or replacing a sewer lateral between the property line and the city main.
- A new water or sewer tap for a building.
- Trenching or boring across a street or alley to bring a line to a new pad or building.
- Cutting a sidewalk or driveway apron to reach a line.
- Closing a lane, a sidewalk or a parking strip to stage equipment, even if nothing gets dug.
Maricopa County lists the same kinds of work for its roads. Its Transportation Construction Permit is required for "anyone performing construction, removal, repair, maintenance or any other work within Maricopa County right-of-way," and the list includes "Water, gas, sewer or other types of pipelines" and even "Emergency repair and maintenance of existing utilities."
Who issues the permit in the Valley
There is no single Valley-wide permit. The office depends on whose road you are digging in.
| Where the work is | Who permits it | What the source says |
|---|---|---|
| City street or alley in Phoenix | City of Phoenix, Planning & Development, with traffic control through Street Transportation | Separate permit for taps, connections and work in the public right of way (Section 105.1) |
| City street or alley in Mesa | City Engineer, applied for through Development and Sustainability | Right-of-Way Permit required to excavate or disturb the right-of-way or public easements (9-1-2) |
| Unincorporated county road | Maricopa County Department of Transportation | Transportation Construction (TC) Permit for pipeline and utility work |
| State highway or its frontage | ADOT district office | Permits required for any work within the state right of way |
| Other cities | The city's engineering or public works office | Check that city's code before you schedule work |
Surprise shows how this plays out for a commercial owner. Under Sec. 58-312, single-family and duplex owners can sometimes get the city to fix an off-property lateral. Everyone else is on their own: "All other users shall be responsible for cleaning, unstopping, maintaining and repairing the building sewer, sewer lateral and sewer tap." When repair needs off-property digging, "the contractor shall obtain from the city a permit to perform the repair/replacement and an encroachment permit to work in the public right-of-way." That means two permits for one repair. Commercial buildings get no free pass on the street portion of the line.
The 811 call and what happens without a permit
### The 811 call is separate from the permit
The permit lets you dig. Arizona 811 tells you what is already down there. Both are required.
A.R.S. 40-360.22(A) says a person shall not "make or begin any excavation in any public street, alley, right-of-way dedicated to the public use or public utility easement" without first determining whether underground facilities will be encountered and where they are. Each utility has to respond "not later than two working days," and you cannot start before the marking is done or you are told none is needed. Our page on what Arizona 811 requires before a commercial excavation covers the steps, the white-lining rule and how long the marks last.
### What happens if the work goes ahead without one
Cities have real tools, and they are not gentle.
Mesa can issue a stop work order under 9-1-8 if work in the right-of-way is "contrary to the provisions of this Chapter or presents a public health or safety threat," and anyone who keeps working after being served is subject to penalties. The Phoenix Traffic Barricade Manual lists civil sanctions under city code 31-204 for restricting the right-of-way without proper certification or a right-of-way use permit. On the state side, the underground utility law allows a civil penalty of "not more than $5,000" per violation, plus liability for all damages if a buried line gets hit.
For a business, the practical cost is a job that stops mid-trench, a street left open, or a utility bill for a cut gas or fiber line. Getting the permit first is cheaper than every one of those.
How to plan a commercial job that touches the street
Work through it in this order and the schedule holds up.
- 1Find out where your property line is and where the problem sits. A camera and locator may help estimate where a visible defect lies, but survey/property records and the authority’s confirmed maintenance boundary also matter. Our page on the public right of way and your property line shows how to tell.
- 2Ask the city who issues the permit for that spot. Street, alley, county road and state highway each have a different office.
- 3Plan the traffic control. If a lane or sidewalk will close, that is its own approval. See who handles traffic control when plumbing work closes a lane.
- 4Put the 811 request in early. Utilities have two working days to respond, and marks stay valid for a limited window, so time the request to the dig date.
- 5Budget for restoration. Cities set rules for cutting new pavement and putting it back. Our page on pavement cuts and street restoration explains the timing.
For the Phoenix residential version of this question, see do I need a permit to dig in the right-of-way in Phoenix. For how easements and rights-of-way differ, see utility easement vs right-of-way.
If the work also needs temporary utility water, use the separate hydrant-meter authorization checklist when coordinating the construction plan.
Where HQ fits in
HQ Plumbing & Air can help assess a commercial plumbing problem and explain the available service options, with free estimates and upfront pricing. Street excavation, utility taps and civil work require a site-specific scope, the responsible authority’s approvals and appropriately qualified contractors. Ask us about the proposed job before assuming it is work we offer; the utility or a civil contractor may need to handle part of it.
This page explains how the rules work and is not legal advice. Permit rules and offices change, so confirm the current requirements with the city, county or ADOT before you schedule work.
Related Questions
- What is an encroachment permit and when does a plumbing job need one?
- Do I need a permit to dig in the street right-of-way to fix my sewer or water line in Phoenix?
- Utility easement vs right-of-way: who can dig to fix my sewer?
- When does a sewer or water excavation need Arizona construction-stormwater coverage?