2007 California Streets and Highways Code Article 2. Permit Provisions

CA Codes (shc:1460-1470)

1460.  The road commissioner may issue written permits, as provided
in this chapter, authorizing the permittee to do any of the following
acts:
   (a) Make an opening or excavation for any purpose in any county
highway.
   (b) Place, change or renew an encroachment.
   (c) Place or display in, under or over any county highway any kind
of advertising sign or device.  Any such sign or device placed or
displayed contrary to the provisions of this section is a public
nuisance and the road commissioner may immediately remove it.  The
provisions of this section shall not prohibit the posting of any
notice in the manner required by law or by the order of any court of
this state.
   (d) Plant, remove, cut, cut down, injure or destroy any tree,
shrub, plant or flower growing within any county highway.
   Any person who does any of the acts specified in this section,
without the authority of such a permit, is guilty of a misdemeanor
and is liable to the public agency for all expenses and damages
caused thereby.


1461.  Any act done under the authority of a written permit, issued
pursuant to the provisions of this chapter, shall be done in
accordance with the applicable provisions of this chapter, and the
terms and conditions of such permit.


1462.  Any permit issued under the provisions of this chapter may
provide that the permittee will pay the entire expense of replacing
the highway in as good condition as before, and may provide such
other conditions as to the location and the manner in which the work
is to be done as the road commissioner finds necessary for the
protection of the highway.



1463.  Any permit issued to a public agency or a public utility
having lawful authority to occupy the highways shall contain a
provision that in the event the future improvement of the highway
necessitates the relocation of such encroachment the permittee will
relocate the same at his sole expense.  In said event the road
commissioner shall serve on the permittee his written demand
specifying the place of relocation, and specifying a reasonable time
within which the work of relocation must be commenced.  The permittee
must commence such relocation within the time specified in said
demand and thereafter diligently prosecute the same to completion.
   All permits other than those issued to public agencies or a public
utility having lawful authority to occupy the highways are revocable
on five days' notice and the encroachment must be removed or
relocated as may be specified by the road commissioner in the notice
revoking the permit and within a reasonable time specified by the
road commissioner unless the permit provides a specified time.
   Public utilities may be required, within a reasonable time, to
relocate such of their facilities as interfere with an enlarged
public use of the highway, except in those cases where the enlarged
use of the highway involves a state freeway.



1464.  The road commissioner may, but is not required to, supervise
any work done under any permit issued under the provisions of this
chapter, in which event the permittee shall pay the reasonable cost
of such supervision to the road commissioner, but no cost of
supervision shall be charged by the road commissioner to any public
corporation, provided, however, this section shall not operate to
prevent charges made pursuant to Government Code Section 6103.6.



1465.  (a) Permittees may excavate openings in county highways to
make repairs in cases of emergency requiring immediate action.  In
such cases the appropriate representative of the road commissioner
shall be promptly notified of any such action, and such permittee, at
his own expense, shall immediately replace such county highway in as
good condition as before such excavation.
   (b) A public agency supplying water service to its inhabitants
may, within its corporate limits, excavate a county highway without a
permit in cases of emergency requiring immediate action; but in such
cases the county highway shall, at the expense of the public agency,
be replaced in as good condition as before such excavation.



1466.  The road commissioner may delegate to any city any of the
road commissioner's powers, duties, and authority, other than those
of approval, under this chapter as to any county highway, or any part
thereof, within such city, and may withdraw any such delegation of
authority.



1467.  The road commissioner may require the applicant to file with
the road commissioner a satisfactory bond payable to the people of
the county in such amount as the road commissioner deems sufficient,
conditioned on the proper compliance by the permittee with the
provisions of this chapter.



1468.  Except as otherwise provided in this section, such a bond
shall not be required of any public agency or public utility having
lawful authority to occupy the highways which is authorized by law to
establish or maintain any works or facilities in, under or over any
public highway, nor shall the application of any such public agency
or public utility for a permit be denied.
   The road commissioner may require of any such applicant a bond in
a sum not to exceed twenty thousand dollars (,000), if such
applicant has in fact prior to such application failed to comply with
the provisions of this chapter or with the provisions of a previous
permit.



1469.  Any city, municipal utility district, municipal water
district, public utility having lawful authority to occupy the
highways or metropolitan water district is entitled to a blanket
permit issued by the road commissioner, renewable annually, for the
installation of its service connections and for ordinary maintenance
of its facilities located or installed in county highways; but the
road commissioner may revoke any such blanket permit if the permittee
fails to comply with the provisions of this article.  When any such
permit is revoked in a proper case such municipal utility district,
municipal water district or metropolitan water district or public
utility is entitled to a permit only on furnishing a bond as provided
in Section 1467.



1470.  This chapter shall not supersede the provisions of Chapter 3
(commencing with Section 7030), Division 4 of the Water Code.