Butte County Municipal Code Art. VI (B). - Encroachment Regulations

All excavations within the County right-of-way require issuance of an encroachment permit by Butte County Public Works prior to the start of construction.

a. It is unlawful for any person to make any excavation on any portion of the right-of-way of any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of the permit or of this chapter.

b. It is unlawful to excavate in any newly renovated County highway for a period of five (5) years after completion, as shown by the filing of a Notice of Completion. Utilities shall determine alternate methods of making necessary repairs to avoid excavating in newly renovated County highways. Exceptions to the above are as follows:

1. Emergency endangering persons or property;

2. Interruption of essential utility service;

3. Work mandated by State or Federal legislation;

4. Service for buildings where no other reasonable means of providing service exists;

5. Other situations deemed by the Board of Supervisors to be in the best interest of the general public, after submission of a written request, completion of an application and payment of the applicable fees set forth in section 3-81 of this Code. After due consideration at an open meeting, the Board may deny, approve or approve with mitigations the encroachment permit.

c. All excavation work allowed under subsections (b)(1) through (b)(5) of this section shall be in accordance with the provisions of this chapter.

d. The County may impose additional conditions to any encroachment permit issued under this section to mitigate damage caused to the newly renovated County highway by excavation.

(Ord. No. 3907, § 1, 3-1-2005)

It is unlawful for any person to place or maintain any encroachment on any portion of the right-of-way of any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of the permit or of this chapter.

(Ord. No. 3907, § 1, 3-1-2005)

It is unlawful for any person to establish, revise or maintain any access road across any portion of the right-of-way or any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of such permit or this chapter.

(Ord. No. 3907, § 1, 3-1-2005)

It is unlawful for any person to make any cut or fill upon the natural ground surface upon land adjacent to a County highway, any part of which measures horizontally less than two (2) times the depth of the cut or fill from the closest right-of-way boundary line of any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of such permit or this chapter.

(Ord. No. 3907, § 1, 3-1-2005)