In accordance with Yavapai County Ordinance 2001-1 no encroachment within a publicly maintained right of way, under exclusive control of the Yavapai County Board of Supervisors, is allowed without a written permit from the Yavapai County Engineer. Yavapai County can impose restrictions and limitations on the use of a publicly maintained right of way pursuant to A.R.S. 11-251(4) and A.R.S. 40-283(B) to protect the public safety and welfare.
An encroachment shall be defined as any obstruction, whether temporary or permanent, unless expressly authorized by law, any sign, any landscaping, any mailbox, any driveway, any road connection, any permanent surfacing of a driveway or roadway connection, the diversion of waters, any excavation whether or not conducted under a valid franchise, culvert installations whether new or replacement, and all other construction. The County Engineer is authorized and directed to charge a permit fee in an amount authorized by the Board of Supervisors. Any person commencing work without a permit shall be required to obtain a permit and shall pay twice the usual permit fee. A right of way permit shall be valid for 30 days from the date of issuance. Permits may be renewed for additional 30-day periods provided all renewal fees are paid. Additional permit chipseal fees are required when asphalt roadways are impacted. The permittee shall notify the Engineering Division 24 hours prior to commencing work and no later than the next business day after completion. A copy of the permit shall be available at the location of the work, and shall be made available to the Engineering Inspector upon request. Any permit issued is revocable at will should it be necessary to protect the public safety or to allow for road improvements.
In the event an encroachment of a publicly maintained right of way occurs, the County Engineer may remove the encroachment and seek reimbursement of the costs from the responsible person. Emergency encroachments, including excavation for public utility repairs necessary to protect the public safety, are allowed without a permit provided the County Engineer’s Office is notified and a permit is applied for the next working day, all traffic control and safety devices necessary are used, and final right of way restoration is not performed until authorized by the County Engineer. In the event the permit conditions are violated or a permit is not obtained, the County Engineer may suspend the permit, if any, and order that all work cease until the violation is corrected or a permit is obtained. If the work is abandoned or not repaired to County specifications, the County may repair the work and recover the costs of the repair from the responsible person.
Any person wishing to create a roadway connection that intersects a maintained County right of way, that serves multiple properties, must contact the County Engineer for requirements and specifications. Recordation of an easement does not guarantee access to a County road. Submittal of an application does not guarantee approval. The County Engineer has the authority to deny the application to protect the public safety and welfare. Additional Engineering and roadway improvements may be required to meet standard engineering practices.
Any person who is convicted of a violation of Yavapai County Ordinance 2001-1 is guilty of a class 1 misdemeanor.