A utility easement is a strip on your land where a utility may run its lines. A public right-of-way is public land controlled by the city. To dig in either to fix a sewer line, you need a city permit, an Arizona 811 locate, and the right contractor license, like an ROC A-12.
Utility easement vs public right-of-way
These two terms get mixed up, but the legal difference is clear once you see who owns the land.
An easement is what lawyers call a non-possessory right. As the Legal Information Institute explains, an easement gives someone the right to use land while "the owner of the land still has all their rights of ownership." A utility easement on your lot lets the gas, electric, water, or phone company keep its lines there and reach them to repair. You own the soil. You pay the property tax on it. You just cannot build over the lines or fence the utility out. This is why a fence, shed, or pool placed over an easement can be a problem later, since the utility can require you to move it to reach its lines.
A right-of-way is different. The Legal Information Institute defines it as the right to pass over land "owned by others," and a public right-of-way is land dedicated to public use such as streets and sidewalks. In Phoenix, the right-of-way along your street is controlled by the city. You might mow the grass strip there, but you do not own it the way you own your backyard. That distinction matters when your sewer line breaks in that zone.
| Feature | Utility easement | Public right-of-way |
|---|---|---|
| Who owns the land | You (the property owner) | The public, controlled by the city |
| Where it usually sits | A strip on your lot | The street, sidewalk, and parkway |
| Who can use it | The named utility, for its lines | The public and the city |
| Permission to dig | City permit plus utility coordination | City permit |
Who is allowed to dig there
Anyone digging in an easement or a right-of-way has to follow two rules, no matter how small the job.
First, call Arizona 811 before you dig. This is the state's free "blue stake" service, and the law requires it. Arizona Revised Statutes Section 40-360.22 says you must find out where buried lines are before you dig in any public street, right-of-way, or utility easement. Arizona 811 puts it simply: give notice at least two full working days before you start. Each utility then comes out and marks its lines with paint or flags. Skipping this step is illegal and dangerous, because one careless shovel can hit a gas or power line.
Second, get the right permit. Digging in the public right-of-way almost always needs a city excavation permit, so the work is inspected and the street is restored properly. Work in a utility easement on your own land may also need a permit and coordination with the utility that holds the easement. A licensed contractor handles both the 811 locate and the permits as part of the job.
Why the contractor's license class matters
Here is the part most homeowners never hear: not every plumbing license covers a sewer repair in the right-of-way. Arizona contractor licenses are split into specific classifications, and the scope of each one is written into state rule.
The standard plumbing classifications, C-37 and C-77, are defined in the Arizona Administrative Code as covering plumbing performed "solely within property lines and not on public easements or right-of-ways." Read that again. A plumbing-only license stops at your property line. It does not, by its own terms, authorize work out in the public right-of-way.
The classification built for that work is A-12, Sewers, Drains and Pipe Laying. The state defines its scope to include laying pipe for sewers, connecting sewer collector lines to building drains, and the related excavation and backfill. That is exactly the work involved in repairing or replacing a sewer lateral that runs through an easement or out to the city tap. So when a repair crosses into the right-of-way, the contractor needs the A-12 scope, not just a plumbing license. A contractor can also hold both through a dual license; the CR-80 dual, for example, combines the commercial A-12 with its residential counterpart.
How HQ's A-12 license fits
HQ Plumbing & Air holds Arizona ROC license #355170, which includes the A-12 Sewers, Drains and Pipe Laying classification. That is the credential that allows the work this whole topic is about: digging, repairing, and replacing sewer lines in utility easements and the public right-of-way, all the way to the connection at the city main.
In practical terms, it means HQ can take a sewer repair from start to finish without stopping at your property line. The crew runs the Arizona 811 locate. They pull the permits. They excavate in the right-of-way, repair or replace the pipe, and restore the site. All of it falls under a classification the state built for this exact scope. You can confirm any Arizona contractor's license and classification on the Registrar of Contractors website before you hire, and it is smart to do so.
What to do if your repair is in an easement or right-of-way
Work through these steps in order, and you stay both legal and protected:
- 1Locate the problem first. A sewer camera with a locator marks the exact spot and depth, so you know if the repair sits on your property, in an easement, or in the right-of-way.
- 2Check who pays. For a break in the public right-of-way on a single-family or duplex lot, the city may cover that section. See our page on who is responsible for the sewer line in Phoenix.
- 3Call Arizona 811 at least two full working days before any digging.
- 4Hire a contractor with the A-12 scope for work that reaches the right-of-way or the city tap, and confirm the license number with the Registrar of Contractors.
The takeaway: a utility easement is your land that a utility may use, while a right-of-way is public land you do not own. Both demand a permit and an Arizona 811 locate before anyone digs. And once a sewer repair crosses your property line into that public ground, the job calls for a contractor licensed under the A-12 classification, which is the credential HQ holds under ROC #355170.