It depends on the agency. Peoria lets an owner or a contractor apply but allows only licensed contractors to do the work. Buckeye issues the permit to the party who benefits, not the contractor. Maricopa County will not transfer a permit. ADOT wants the ultimate owner, unless a contractor brings the owner's approval.
Who may apply, agency by agency?
The agencies that publish the rule give different answers.
- Peoria. City code says "Applicants for permits may be either an owner or a contractor." If the improvement will not become city property and the applicant is not the owner, the owner also signs the permit form, "indicating that they agree to the conditions of the permit."
- Buckeye. "Encroachment permits shall be applied for by and issued to the person or entity for whose benefit the permit will apply and not the contractor who has been employed to construct the improvements." Contractors and subcontractors doing the work still have to be named in the application.
- Maricopa County (unincorporated roads). The county says "Permits may be issued to contractors, utility companies, government agencies and resident owners of residential property and are non-transferable." Non-transferable means the permit cannot be handed to someone else partway through the job.
- ADOT (state highways). For a utility installation, only "an ultimate owner who will be responsible for maintenance and liability of the utility after it is put into service is eligible to apply." That can be a utility company, improvement district, political subdivision or abutting property owner. ADOT's rule continues: "A contractor or developer may apply if the contractor or developer provides evidence that an ultimate owner has approved plans and agrees to obtain an encroachment permit as a new owner upon completion of the utility installation."
- Avondale. The application has to include the contractor's information, "including the Contractor's contact information and contractor's ROC license number," so a licensed contractor is built into the packet.
So can a general contractor pull it? In Peoria, yes, as a contractor. In Buckeye the permit belongs to the owner or beneficiary, with the GC named. At ADOT a GC needs the owner's approval in writing. Always read the agency's own rule before assuming.
Who may do the work in the street?
Applying and doing the work are separate. Peoria says work under a city permit "may be performed only by: (1) Licensed Contractors; (2) Public Service Corporations and Telecommunication Licensees; (3) Governmental agencies; or (4) Resident owner of residential property" working between the property line and the back of curb. A commercial owner is not on that list for digging in the street.
That brings in the contractor license. Arizona's Registrar of Contractors rules define each classification's scope. The C-37 plumbing classification covers all plumbing "when performed solely within property lines and not on public easements or right-of-ways, except as hereinafter provided." The A-12 classification, Sewers, Drains and Pipe Laying, covers "the laying of pipe for storm drains, water and gas lines, irrigation, and sewers," and "connecting sewer collector lines to building drains," along with the necessary excavating and backfilling.
What that means for you: a plumbing license by itself is written for work inside the property line. Work in the public street leans on a classification whose scope reaches there, and the agency may ask to see it. Check the license, its class and its status on the Registrar of Contractors site before you sign. Our page on how to verify a plumber's ROC license in Arizona shows how.
Can the property owner do it?
On a commercial property, plan on a licensed contractor doing the digging. The residential-owner exceptions in county and city rules are limited to resident-occupied residential property, and often to work in front of the owner's own home. A commercial owner can still be the permit holder where the agency allows it, as in Buckeye or at ADOT, while a licensed contractor does the work.
Which approach is cleaner for a commercial project?
Three practical points.
- 1Ask the permit office one question first. "Who is the permittee on this job, and who can do the work?" The answer decides whose name goes on insurance and the bond.
- 2Put it in the contract. Say who applies, who pays fees, who carries the bond and who is responsible for restoration. See what a right-of-way permit application asks for.
- 3Remember it is a separate permit. The building or plumbing permit for the structure does not cover the street. For when each one applies, see who can pull a commercial plumbing permit in Arizona and whether commercial plumbing work in the street needs a right-of-way permit.
HQ Plumbing & Air is licensed and insured and gives free estimates; for work that reaches into a city or county street, confirm the permit holder, license classification and agency requirements before scheduling.
This page explains how the rules work and is not legal advice. Permit rules and license scopes change, so confirm the current requirements with the agency and the Registrar of Contractors.