Section R17-3-502. Applicability

A.      A person or entity shall not encroach on a state highway right- of-way without obtaining an encroachment permit.

B.       Only the following types of encroachments qualify for a Department encroachment permit:

1.        Access improvements to abutting properties, consistent with subsection (C)(6);

2.        Utility construction and maintenance, including under- ground and overhead;

3.        Drainage improvements;

4.        Airspace encroachments, such as overhanging signs, awnings, and banners;

5.        Landscaping;

6.        Special events;

7.        Removing or improving an existing encroachment;

8.        Rest area coffee breaks;

9.        Change in the principal activity or function of an abutting property where an access or utility encroachment has been constructed;

10.     Adopt-a-highway;

11.     Activities, such as surveying, performed to compile infor- mation about physical features in the highway right-of- way;

12.     Traffic control unrelated to the types of encroachments listed above for specific incidents, such as hazardous material removal, accident clean-up, or check points by government enforcement; and

13.     For such uses as the Director specifies.

C.      An encroachment not listed under subsection (B) is ineligible to qualify for an encroachment permit and is an unauthorized encroachment. An unauthorized encroachment also includes:

1.        Outdoor advertising signs, except as an overhang in sub- section (B)(4);

2.        Parking areas;

3.        Sales of any service or thing;

4.        Bicycling, walking, horseback riding, or other activities prohibited under A.R.S. § 28-733;

5.        Any commercial or industrial activity; or

6.        Access to undeveloped property abutting a state highway, unless the applicant demonstrates a plan for:

a.        Immediate development of the property evidenced by construction plans or building permits, or

b.        Continuing maintenance of the undeveloped prop- erty.

D.      A new owner of an existing permitted encroachment shall apply for an encroachment permit in the new owner’s name within 30 days from the date of purchase of the abutting real property.

Historical Note

New Section made by final rulemaking at 10 A.A.R.

5202, effective February 5, 2005 (Supp. 04-4).