The authority conferred upon boards of supervisors by this division shall be exercised subject to such limitations and restrictions as are prescribed by this division or by other provisions of law, shall be in addition to any authority elsewhere conferred, and, except as otherwise expressly provided, shall be exercised only in relation to highways within their respective counties.
Chapter 1General Provisions
Section § 900
This law specifies that boards of supervisors have certain powers related to highways, but these powers must follow set limits and rules. They can have additional authority beyond what this law gives, but primarily, they are to use this authority for highways in their own counties unless stated otherwise.
boards of supervisors highway authority county highways limitations restrictions powers supervisors' authority local governance infrastructure management county jurisdiction regulatory compliance division restrictions state law limits local road management
Section § 901
Once a road is declared a county highway, it remains so until officially abandoned. This can happen either by a decision from the county's board of supervisors, a legal process, or a court ruling. The board of supervisors must follow specific procedures for a highway to lose its status as a county highway.
All county highways, once established, shall continue to be county highways until abandoned by order of the board of supervisors of the county in which such highways are situated, by operation of law, or by judgment of a court of competent jurisdiction. No county highway laid out by the board of supervisors as provided in this division, or used and worked as provided in this division, shall be abandoned or cease to be a county highway except as prescribed in this section.
county highways abandonment board of supervisors highway status legal process court ruling highway maintenance road jurisdiction county road management established highways procedures for abandonment transportation infrastructure
Section § 902
In California, if the franchise (or permission) to operate a toll trail, toll road, or toll bridge expires and is not renewed, it automatically becomes a free county highway. The county won't have to pay for the land or materials that were part of the toll road, trail, or bridge.
Except as otherwise provided by law, any toll trail, toll road or toll bridge, for which the franchise has expired by limitation or nonuser, becomes a free county highway. No claim shall be valid against the county for the right of way, or for the land or material comprising such toll trail, toll road or toll bridge.
toll road franchise expiration free county highway toll bridge conversion toll trail rights county highway designation expired toll franchise highway right of way nonuser franchise public road access expiration of toll road rights county land claims toll infrastructure franchise limitation land use after toll expiration public highway transition
Section § 903
If a county's board of supervisors decides to open a new highway on a piece of land, the county will officially own that land after one year, based on the order they initially made.
After one year from the making of an order by a board of supervisors, pursuant to this division, opening a highway over any land, the county acquires title to the land in accordance with the terms of the order.
board of supervisors highway opening land acquisition county title highway construction property title transfer public land use official ownership terms of order after one year land use authorization public infrastructure county property rights
Section § 904
In California, just because people frequently use a path over someone else's property, it doesn't mean that path will automatically turn into a county highway. The use alone doesn't give it that status.
No route of travel used by one or more persons over another’s land shall become a county highway by use.
route of travel land use county highway property rights public use path easement rights landowner rights road designation public roadway private property right of way pathway usage highway status transportation law public access
Section § 906
This law says that most county highways in California must be at least 40 feet wide unless certain exceptions apply. However, a county's board of supervisors can unanimously decide to keep a highway narrower if they believe it serves the public's needs better. The law also clarifies that it doesn't change the width of any county highway that had its size set and maintained before January 1, 1945.
The width of all county highways, other than bridges, alleys, lanes, and trails, shall be at least 40 feet, except as provided by Sections 906.5 and 969 and except that the board of supervisors of any county may, by a resolution passed by a unanimous vote of its members, determine that the public convenience and necessity demand the maintenance of a highway of less than 40 feet and may after such determination proceed with the maintenance of any such highway.
This section shall not increase or diminish the width of any county highway established, dedicated, and maintained as such prior to January 1, 1945.
county highways minimum width exceptions public convenience board of supervisors unanimous resolution narrow highways prior establishment maintenance 1945 width standard highway regulations road maintenance county responsibility
Section § 906.5
If a county highway allows bicycles and a construction project was advertised for bids after July 1, 1973, the county supervisors must use bicycle-safe grates on the road surface.
On construction under a contract advertised for bids after July 1, 1973, the board of supervisors shall install on the surface of county highways upon which the operation of bicycles is permitted only those types of grates which are not hazardous to bicycle riders.
bicycle-friendly infrastructure safe grates county highway safety bicycle rider safety road construction guidelines non-hazardous grates supervisors highway construction traffic safety infrastructure design bicycle regulations grate installation highway surface bicycle operation construction contracts
Section § 906.6
This law allows a county to maintain a highway narrower than 40 feet if a maintenance district, created under a specific chapter of the law, pays for all the maintenance costs.
Notwithstanding Section 906, a county may maintain a highway of less than 40 feet in width if all the cost of maintenance thereof is paid for by a maintenance district created pursuant to Chapter 26 (commencing with Section 5820) of Part 3 of Division 1.
highway maintenance narrow highway maintenance costs county highway maintenance district Chapter 26 Section 5820 Part 3 Division 1 county responsibilities funding maintenance less than 40 feet road width provisions transportation infrastructure local government maintenance
Section § 907
If you own or live on a piece of land next to a county highway, you can build a sidewalk along your property line. However, you'll need to follow any rules set by the county's board of supervisors.
Any owner or occupant of land may construct a sidewalk on the county highway along the line of his land, subject to the authority conferred by law on the board of supervisors.
sidewalk construction landowner rights county highway property line board of supervisors authority land occupant county regulations sidewalk project property development local government authority roadside improvements
Section § 908
This law requires the road commissioner (or whoever is currently responsible for that role) to keep records of each county highway. This includes noting the highway’s name and where it starts and ends.
The road commissioner, or the person to whom the duties of the road commissioner have been transferred pursuant to Section 2006.1 or 2006.5, shall maintain a record of each county highway, including its name and a general reference to its terminal points.
road commissioner county highway records highway terminal points highway maintenance responsibility record keeping road commissioner duties transfer highway name documentation Section 2006.1 Section 2006.5 county highway management road documentation infrastructure record-keeping transportation authority responsibilities local government road oversight
Section § 909
This law states that if a county's board of supervisors in California wants to buy, rent, or hire equipment for road work, they must have a written agreement. This agreement needs to be signed by the board's chairperson and a copy must be certified and filed with the board's clerk. These documents are public records. However, if the county follows its local purchasing rules and uses competitive bidding, they don't need to adhere to these specific requirements to incur a charge.
No agreement entered into by the board of supervisors for the purchase, hire, or rental of any apparatus used in the construction, improvement, or maintenance of highways shall create a charge against the county, unless the agreement complies with all of the following:
(a)CA Streets and Highways Code § 909(a) The agreement is in writing.
(b)CA Streets and Highways Code § 909(b) The writing is signed by the chair of the board of supervisors.
(c)CA Streets and Highways Code § 909(c) A copy of the writing is certified by and filed with the clerk of the board of supervisors.
All of these writings and copies are public documents.
If a county purchases, hires, or rents any apparatus specified herein pursuant to a local purchasing ordinance, including competitive bidding procedures, it does not have to comply with subdivisions (a), (b), and (c) herein to create a charge against the county. Compliance with the local purchasing ordinance shall be sufficient to create a charge against the county for said purchase, hire, or rental.
board of supervisors highway apparatus purchase rental written agreement signed by chair certified copy public documents local purchasing ordinance competitive bidding county charges road construction equipment
