The contractor who cuts the street restores it, at their own cost, to city standards. Phoenix requires the repair to be maintained for at least one year and adds mill and overlay or slurry seal on some cuts. Mesa bars most cuts in new pavement for two years. Ask that restoration be in your estimate.
The rule in Phoenix
Phoenix puts the duty on whoever damages the street. Section 31-49.1 says "A person that causes damage to a public street while working in the public right-of-way must repair the street at the person's sole cost and expense in accordance with City standards and specifications. The damaged street must be returned as close to its original condition as practicable and the repair maintained for a minimum of one year."
Phoenix also has a stricter rule for new pavement. A "new street" is one constructed, reconstructed or resurfaced that "received final acceptance from the Street Transportation Director or designee less than two years before the proposed street pavement cut." For a cut in a new street, the permit holder must:
- apply an asphalt mill and overlay or inlay to the full width of all lanes affected, extending "a minimum of 25 feet in both directions from the pavement cut(s)";
- apply a slurry seal treatment, half width on an arterial or collector street and full width on a local street, again extending at least 25 feet each way; and
- apply crack fill and seal between the old and new pavement before any treatment.
On streets that are not new, a cut of any size still triggers a slurry seal over the same footprint. The exception is small: "a total of three or less pavement cuts of two square feet or less made as part of a single permit."
The rule in Mesa
Mesa's approach is to stop most cuts in fresh pavement. Section 9-1-6(B) says the City Engineer "shall not approve a Right-of-Way Permit to cut into, excavate, open, bore, trench, or disturb street pavement for a period of two (2) years after the City's acceptance of street construction that includes new pavement, pavement renovation, pavement reconstruction, or street maintenance."
There are four exceptions:
- 1A verifiable emergency that endangers life or property.
- 2An interruption of essential utility service.
- 3Utility or other service for buildings, "where no other feasible means of providing such service exists."
- 4A pavement cut required by city, county, state or federal regulation.
If a permit is granted under an exception, the permittee pays the city's pavement restoration fee and repairs the pavement "to meet right-of-way improvement standards." Mesa also charges a pavement restoration fee for cuts within five years of new pavement, in an amount set in the city fee schedule, which you should check for the current figure.
Cuts within the first year carry a heavier requirement. The permittee must renovate by mill and overlay or inlay for "a minimum of the full width of all lanes impacted by the cut(s)," extending at least 50 feet in both directions on arterial streets and 25 feet on collector and residential streets. A single pothole smaller than two square feet is exempt.
### Phoenix and Mesa side by side
| Phoenix | Mesa | |
|---|---|---|
| Who restores | Whoever causes the damage, at their own cost | The permittee, to right-of-way improvement standards |
| Newly paved street | "New street" means accepted less than two years ago; mill and overlay plus slurry seal | No cut permit for two years unless an exception applies |
| Extent of overlay | Full width of affected lanes, at least 25 feet each way | Full lane width, 50 feet each way on arterials, 25 feet on collector and residential streets (cuts in year one) |
| Small cuts | Three or fewer cuts of two square feet or less on one permit are excepted | One pothole under two square feet is exempt |
| Warranty and fees | Repair maintained for a minimum of one year | Restoration fee applies to cuts within five years of new pavement |
Read the table as a comparison of approaches, not as a checklist. Each city can change its policy, and other Valley cities have their own versions.
Why the difference matters to a commercial owner
A restoration rule can turn a small repair into a big one. A one-lane patch on an old street is a modest job. The same cut on a street repaved last year could mean milling and overlaying full lanes for 50 feet each way. Mesa's two-year cut restriction can also force a different route or method, which is one reason to look at trenchless options. See trenchless sewer repair versus digging.
Timing matters, too. If your street was repaved recently, ask the city early whether it is under a cut restriction. Do not learn that after you have mobilized a crew.
Who pays
There is no single answer, so look at who owns the pipe and whose fault the damage was.
- Your private lateral, repaired at your cost. The restoration is part of the repair. In Surprise, for example, anyone other than a single-family or duplex owner is responsible for "repairing the building sewer, sewer lateral and sewer tap," and off-property work needs a repair permit plus an encroachment permit.
- A city main or city-side service line. The city or utility handles its own restoration.
- Damage caused by a third party. Phoenix's rule puts the repair duty on whoever caused the damage.
Restoration is priced into the work, so ask your plumber to spell out exactly what the estimate covers: the cut, the backfill, the temporary patch, the permanent patch, and any mill, overlay or slurry the city requires. Our page on whether commercial plumbing work in the street needs a right-of-way permit explains who issues the permit and what it covers.
How to protect yourself on a job
- 1Ask which street rules apply before you accept a bid: the city, the street's repaving date, and any cut restriction.
- 2Get restoration in writing as part of the estimate, including the warranty period. Phoenix requires the repair to be maintained for at least a year.
- 3Confirm the patch is inspected. Cities inspect right-of-way work. Mesa's code, for instance, puts all right-of-way construction "subject to the inspection of the City Engineer."
- 4Keep traffic control in the plan until the lane is back open. See who handles traffic control when plumbing work closes a lane or sidewalk.
- 5Photograph the site before and after. It settles questions if a settlement or a dip shows up later.
HQ Plumbing & Air can take on street-side sewer and water repairs. We are licensed and insured, estimates are free, and you get the price up front before work starts. The estimate will say what restoration the city requires before we begin.
This page explains how the rules work and is not legal advice. Cities revise their pavement cut policies and fee schedules, so confirm the current rule with the city that owns the street.