The legislative body of any city may do any and all things necessary to lay out, acquire, and construct any section or portion of any street or highway within its jurisdiction as a freeway, and to make any existing street or highway a freeway.
Chapter 1Construction and Maintenance
Section § 1800
This law allows city officials to take necessary actions to plan, obtain, and build parts of streets or highways as freeways. They can also convert current streets or highways into freeways.
city officials construct freeway acquire streets convert streets highway section freeway construction street acquisition urban planning jurisdiction transportation infrastructure roadway development public roads highway improvements local government city planning
Section § 1801
This law allows a city's legislative body to close streets or highways where they intersect with freeways. They can also create routes that go over, under, or connect to the freeway, and perform any necessary construction work. However, converting a public highway into a freeway requires the consent of nearby landowners or the purchase of their access rights.
The legislative body of any city may close any street or highway within its jurisdiction at or near the point of its intersection with any freeway, or may make provision for carrying such street or highway over, under, or to a connection with the freeway, and may do any and all necessary work on such street or highway.
No public highway shall be converted into a freeway except with the consent of the owners of abutting lands or the purchase or condemnation of their right of access thereto.
street closure freeway intersection highway connection construction work landowner consent access rights public highway conversion transportation infrastructure urban planning highway development right of access traffic management city jurisdiction abutting landowner freeway development
Section § 1802
Any action that impacts a state highway, as allowed under Section 1801, must first get approval from the Department of Transportation.
Before taking any action authorized by Section 1801 affecting any state highway, the action shall require the approval of the Department of Transportation.
state highway approval Department of Transportation Section 1801 actions highway impact transportation approval action authorization California highways state highway regulations transportation oversight highway management highway regulations state transportation authority highway project approval DOT approval process
Section § 1803
This law allows a city to make a deal with a county to either rent the county's equipment or have the county take over maintenance, construction, or repair of the city's streets and roads. This is aimed at making these tasks more efficient for the city.
Whenever the legislative body of a city determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads within the city it may contract with the board of supervisors of any county for the rental, by the city, of such county’s equipment for the maintenance, construction, or repair of such streets and roads, or for the maintenance, construction, or repair of such streets and roads by the county.
city-county contract street maintenance road construction equipment rental county board of supervisors road repair intergovernmental agreement city infrastructure efficiency in roadwork maintenance agreement construction contract public works cooperation
Section § 1804
This law allows cities in California to build, maintain, and run tunnels for streets and highways both inside and outside their city limits. However, if these tunnels are on state highways, the city must first get approval from the Department of Transportation.
Every city in the state may construct, maintain, and operate tunnels for street and highway purposes within and without the territorial boundaries of the city. As to any such tunnels on state highways, the approval of the Department of Transportation shall first be obtained.
city tunnels street tunnels highway tunnels operate tunnels Department of Transportation approval construct tunnels maintain tunnels operate tunnels territorial boundaries state highways local government infrastructure urban planning public works tunnels transportation infrastructure municipal approval
Section § 1805
This law requires city streets to be at least 40 feet wide, though city officials can vote to make them narrower if necessary. Private roads need to be at least 20 feet wide. Streets that existed before September 15, 1935, don't need to be changed.
The width of all city streets, except state highways, bridges, alleys, and trails, shall be at least 40 feet, except that the governing body of any city may, by a resolution passed by a four-fifths vote of its membership, determine that the public convenience and necessity demand the acquisition, construction and maintenance of a street of less than 40 feet and, after such determination, proceed with the acquisition, construction or maintenance of any such street. The width of all private highways and by-roads, except bridges, shall be at least 20 feet. This section does not require that the width of city streets established or used as such prior to September 15, 1935, be increased or diminished.
city streets street width regulation public convenience street construction city governing body width exceptions private roads by-roads street maintenance historic streets minimum width requirements municipal street planning city resolution urban planning exceptions pre-1935 streets
Section § 1805.5
If a city puts out a contract for street construction after July 1, 1973, they must use street grates that are safe for bicycles, meaning they shouldn't be hazardous for bike riders.
On construction under a contract advertised for bids after July 1, 1973, the legislative body of a city shall install on the surfaces of city streets upon which the operation of bicycles is permitted only those types of grates which are not hazardous to bicycle riders.
bicycle safety street construction hazardous grates cyclist protection city streets bike-friendly infrastructure contract requirements surface grates legislative body mandate safe riding conditions bicycle operations infrastructure safety bicycling accessibility city planning non-hazardous grates
Section § 1806
This law explains that a city isn't responsible for maintaining a road until it officially accepts the road into its street system. A road can only become part of the city streets if the city's governing body formally agrees to it through a resolution, unless certain exceptions apply. Alternatively, the city can appoint an official, through an ordinance, to accept roads into the system. This official must certify and record the acceptance correctly.
(a)CA Streets and Highways Code § 1806(a) No city shall be held liable for failure to maintain any road until it has been accepted into the city street system in accordance with subdivision (b) or (c).
(b)CA Streets and Highways Code § 1806(b) Except as provided by Section 989, or by Section 57329 or 57385 of the Government Code, no public or private street or road shall become a city street or road until the governing body, by resolution, has caused the street or road to be accepted into the city street system.
(c)CA Streets and Highways Code § 1806(c) In lieu of the procedure set forth in subdivision (b), the governing body of a city may, by ordinance, designate a city officer to accept, on behalf of the governing body, streets and roads or portions thereof, into the city street system and to record conveyances to the city of real property interests for street and road uses and purposes. The designee shall, prior to recording any conveyance under this section, affix a certificate to the instrument stating the acceptance into the city street system and designating the name or number, or both, of the city street or road.
city street system road maintenance responsibility road acceptance public or private street city governing body city ordinance official road acceptance record conveyances real property interests certificate of acceptance city officer designation street and road uses road liability
Section § 1807
This law allows two neighboring cities to make an agreement if their boundary line runs along a street. They can work together to improve and maintain this street, and each city can use its own funds for these activities. This is only possible if both cities' governing bodies give their approval.
Where the boundary line between two adjacent cities is a street, and the boundary line itself is in the middle of such street, or the side of such street, the two adjacent cities, if authorized by their governing bodies, may enter into a mutual agreement for the improvement and maintenance of the street which constitutes the boundary line, and each city may, pursuant to such agreement, expend funds available to it for the improvement and maintenance of its city streets.
boundary street neighboring cities mutual agreement street maintenance street improvement governing bodies city collaboration adjacent cities fund allocation city streets cross-boundary cooperation joint maintenance shared improvement urban management intergovernmental agreement
Section § 1808
In California, when a city's road or highway projects require the removal of trees, the city should try to replace those trees if it's practical or beneficial. The city can use funds from the Highway Users Tax Fund, which is usually meant for road widening, to plant new trees on these streets or highways.
Where practical or desirable, the legislative body of any city shall, along any street or highway under its jurisdiction, possession, or control, replace trees that have been destroyed or removed because of projects undertaken to widen the street or highway.
Money received by a city from the Highway Users Tax Fund available for the widening of streets or highways is also available for the planting of trees pursuant to this section.
tree replacement road widening projects Highway Users Tax Fund urban tree planting city street jurisdiction highway control tree removal municipal projects environmental considerations street improvements roadside landscaping
Section § 1809
If a city plans to build a bridge over a navigable river, the city leaders must first study and hold a public hearing to decide whether it's possible and sensible to create a way for the public to access the river for recreational activities.
They need to prepare a report about whether or not such access will be provided.
Before any bridge on a city street is constructed over any navigable river, the legislative body of the city, after a study and public hearing on the question, shall determine and shall prepare a report on the feasibility of providing public access to the river for recreational purposes and a determination as to whether such public access shall be provided.
bridge construction public access navigable river city streets recreational use feasibility study public hearing legislative body decision report preparation recreational purposes river access city planning infrastructure development urban policy community engagement
Section § 1810
This law allows a city to buy or use eminent domain to acquire land outside its borders, but within the same county's unincorporated areas. This can only happen if the land is needed to connect or widen the city's streets and the county agrees to it. Once the land is acquired and used for streets, it becomes part of the city's street system.
A city may acquire, by purchase or eminent domain, property outside its boundaries in the unincorporated area of the county in which the city is located, if it is necessary to connect or widen the existing streets of the acquiring city and if the county consents to the acquisition.
The portion of the acquired property used to connect or widen a city street shall be deemed a city street for all purposes.
city boundaries eminent domain property acquisition unincorporated area county consent street connection street widening city streets land acquisition urban planning municipal expansion infrastructure development city planning county cooperation public roads
Section § 1810.5
This law requires that survey markers, which help define property boundaries, must be kept intact, recorded, or replaced according to specific rules laid out in another section of the law.
Survey monuments shall be preserved, referenced, or replaced pursuant to Section 8771 of the Business and Professions Code.
survey monuments property boundaries marking preservation replacement procedures business professions code property surveying survey marker rules boundary markers property boundary monuments section 8771 marker referencing surveying standards monument preservation legal property boundaries land survey markers
Section § 1812
This law allows the City of South Lake Tahoe to use its own funds to construct the loop road. This includes creating environmental impact reports and getting necessary approvals from the Tahoe Regional Planning Agency.
Notwithstanding any other provision of law, the City of South Lake Tahoe may complete construction of the loop road from city funds, including preparation of any necessary environmental impact reports and securing any necessary approval of the Tahoe Regional Planning Agency.
South Lake Tahoe loop road construction funding environmental impact reports Tahoe Regional Planning Agency approval city funds road project municipal construction project approvals infrastructure development transportation infrastructure local government projects Tahoe area development environmental compliance regional planning approvals
Section § 1813
This law section explains that cities in California can apply the same rules that counties use for building and maintaining roads to city streets. It means that references to counties and county resources in the law can be interpreted as references to cities and their resources.
It also allows city councils to agree to have their city streets included in a county's permanent road division. In such cases, the county board of supervisors will handle matters related to those city streets as if they were county roads.
This approach is optional and can be used instead of other laws for building or maintaining city streets.
(a)CA Streets and Highways Code § 1813(a) The provisions of Article 3 (commencing with Section 1160) of Chapter 4 of Division 2 for the construction or maintenance of county roads may be utilized within any city for the construction and maintenance of city streets. For the purpose of construction or maintenance of city streets under this section, all references in that Article 3 to counties and their officers and to county funds, taxes, and service charges shall be deemed to be references to cities, city officers, and city funds, taxes, and service charges.
(b)CA Streets and Highways Code § 1813(b) The legislative body of any city may consent to the inclusion within a permanent road division formed by a county of streets within the corporate limits of the city, and the board of supervisors of the county in which the city is located shall then have jurisdiction over all proceedings taken or to be taken under that Article 3 in the same manner and to the same extent as if the city streets were county roads.
(c)CA Streets and Highways Code § 1813(c) This section is an alternative to any other provision of law that provides for the construction or maintenance of city streets.
city street maintenance county roads permanent road division legislative body consent jurisdiction over streets city and county cooperation alternative road maintenance construction rules city street construction county board of supervisors city inclusion in road division resource references city council agreements joint road management road maintenance laws
