Unincorporated Maricopa County roads are permitted by MCDOT, unincorporated Pinal County roads by the county engineer, and state highways by the ADOT district office for the work location. A city permit does not cover any of them. Each has its own plan, insurance, traffic control and bond rules.
Which agency controls which road?
| The road is | Who permits work in its right of way |
|---|---|
| A street inside city or town limits | The city or town (see whether commercial plumbing work in the street needs a right-of-way permit) |
| An unincorporated Maricopa County road | Maricopa County Department of Transportation (MCDOT) |
| An unincorporated Pinal County road | The Pinal County engineer's office |
| A state highway | The ADOT district office for the location |
Not sure which one you have? Ask the permit office to confirm who owns the road before you design anything. The agency that owns the road issues the permit, whatever city you are in.
How does Maricopa County handle it?
MCDOT says it "requires permits for all work within its right-of-way (ROW)." The county's ordinance, P-36, states the rule flatly: "No Work shall occur within a County Right-of-Way unless and until a Permit shall first have been issued."
What the ordinance and permit pages add for a commercial line:
- Who applies. Permits "may be issued to contractors, utility companies, government agencies and resident owners of residential property and are non-transferable."
- Plans. They must be "prepared by or under the supervision of a civil engineer registered with the Arizona Board of Technical Registration," with exceptions for public utility companies, traffic control professionals and some residential owners.
- Traffic control. MCDOT requires a traffic control plan permit for all work in its right of way. It aims for review "within 2-working days or sooner," and reviews run Monday through Thursday, so submit early.
- Insurance and assurance. Liability insurance has to stay in force for the life of the permit, and a performance assurance is part of the process unless an exemption applies.
- Crossings. "All roadway crossings of utility conduits four (4) inches in diameter or less shall be bored or pushed under pavement," unless the County Engineer approves a waiver. Trenches across streets "shall be completely backfilled within three (3) working days after pipe has been laid."
- Time limit. "A Permit shall be issued for a period of six (6) months, or until the insurance expiration date, whichever is shorter."
- Emergencies. Emergency excavation is allowed to protect life or property, but "Those acting during an Emergency shall apply for all Permits within one (1) business day after such action."
How does Pinal County handle it?
Pinal County's code says no person or business may, "without first obtaining a permit from the office of the county engineer, enter upon the right-of-way of any public road, street or alley not a state highway, and outside the corporate limits of any city or town" for listed purposes, including "Installing or removing any water, gas, sewer or other type of pipe line." The application packet is covered in what a right-of-way permit application asks for.
How does ADOT handle it?
ADOT's rule is state-wide. Under A.A.C. R17-3-502, "A person or entity shall not encroach on a state highway right-of-way without obtaining an encroachment permit," and utility construction and maintenance, underground and overhead, is one of the uses that qualifies. ADOT's page adds: "Permits are required for any work within the state right of way such as highways, driveways, grading, fence removal or replacement, surveying and geotechnical investigation. Encroachment permits are issued by each of the respective ADOT district offices where the encroachment will be located."
Points that surprise commercial owners:
- Who can apply for a utility. Normally the ultimate owner responsible for the line, with a contractor allowed only with evidence of the owner's approval. See who can pull the right-of-way permit for a plumbing job.
- Traffic control. The guide says "The permittee shall employ licensed, insured commercial traffic control companies to design Traffic Control Plans (TCP) and to implement the TCPs for any permitted activity requiring traffic control."
- Bond and quality control. "ADOT District Offices may also require permit projects to provide a surety bond. The District Permit office may also require third party Quality Assurance & Quality Control be provided."
- Emergencies. Repairs are handled under arrangements made in advance, and the guide says the utility "shall perform all necessary repairs to restore facilities and take all necessary action to protect the traveling public during the performance of their work under emergency conditions."
What happens if the work goes in without a permit?
Under A.A.C. R17-3-508(A)(3), an ADOT encroachment is unauthorized if "A person or entity fails to obtain an encroachment permit," and R17-3-508(B) says "An encroachment owner shall remove any unauthorized encroachment at the owner's own cost." Maricopa County's ordinance provides for a Cease Work Order. Either way, the fix costs more than the permit.
What should you do first?
- 1Identify the road owner for the exact location.
- 2Call the permit office and ask who the permittee should be.
- 3Order the Arizona 811 locate and plan potholing at crossings. See what potholing is and why it comes before boring and what Arizona 811 requires before a commercial excavation.
- 4Allow time for plan review, traffic control approval and insurance paperwork before you set a start date.
HQ Plumbing & Air offers free estimates and upfront pricing for commercial sewer and water line repair. Work in a county or state right of way adds agency requirements that should be settled before a start date is set.
This page explains how the rules work and is not legal advice. Agency requirements change, so confirm the current rules with MCDOT, the Pinal County engineer or the ADOT district office.