Legal Question in Construction Law in California
county permitting on private roads
does the county of riverside, california, have the legal right to request an encroachment permit for work within right of way that a) is private or b) has not been accepted for maintenance.
1 Answer from Attorneys
Re: county permitting on private roads
By State law and local ordinance, any person or agency performing any work in a County Road or Highway right of way must first obtain an encroachment permit from the Department of Transportation.
Encroachment permits are issued for driveways, private road approaches, commercial road approaches, underground and aerial utility work, or any other kind of work performed within the right of way.
The term "encroachment" includes any tower, pole, poleline, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this section, which is placed in, under or over any portion of the road or highway.
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