Section R17-3-503. Who Can Apply for an Encroachment Permit

A.      Any person or entity, other than the Department, seeking an encroachment upon a state highway right-of-way shall apply to the Department for an encroachment permit.

B.       Any person or entity is eligible to apply for an encroachment permit, except for an encroachment involving:

1.        Access, only an abutting property owner is eligible to apply.

2.        Landscaping and aesthetic enhancements, only an abut- ting property owner or a political subdivision is eligible to apply.

3.        Utility installation, only an ultimate owner who will be responsible for maintenance and liability of the utility after it is put into service is eligible to apply. An ultimate owner includes a utility company, improvement district, political subdivision, or abutting property owner. A con- tractor or developer may apply if the contractor or devel- oper provides evidence that an ultimate owner has approved plans and agrees to obtain an encroachment permit as a new owner upon completion of the utility installation.

Historical Note

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

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