The Care and Protection of County HighwaysPermit Provisions
Section § 1460
This law allows the road commissioner to give written permission for certain activities on county highways. These activities include making openings or digging, putting up or changing structures (called encroachments), displaying advertising signs, and working with plants like trees or flowers.
If someone does these things without a permit, they can be charged with a crime and are responsible for any damage or costs their actions cause.
Section § 1461
If you perform any actions under a written permit issued according to this chapter, you must follow both the chapter's rules and the specific terms and conditions of that permit.
Section § 1462
This law says that when someone gets a permit to do work on a highway, they might have to pay for fixing the road to its original condition once the work is done. The permit can also include specific instructions about how and where the work should be done to ensure the highway is protected.
Section § 1463
This law states that if a public agency or utility has permission to use a highway, their permit must include a clause requiring them to pay for moving their equipment if the highway is improved. The road commissioner will give written instructions on where and when to move the equipment. The agency or utility must start moving by the specified time and work continuously until done.
Permits for others are revocable with five days' notice, and they must remove or move their equipment as told by the road commissioner, unless a specific time frame is included in the permit.
Public utilities might need to move their facilities if the highway's public use expands, but not if it involves a state freeway.
Section § 1464
This law says that the road commissioner has the option to supervise work that is being done under a permit from this chapter. If they do decide to supervise, the person holding the permit has to pay a reasonable supervision fee. However, public corporations are not charged this supervision fee. Additionally, there may still be fees applied as specified by another law, Government Code Section 6103.6.
Section § 1465
If there's an emergency, a permit holder can dig up a county highway to make repairs, but they need to notify the road commissioner right away and fix the road to its original condition at their own cost. Similarly, any public agency that provides water services can also dig up county highways without a permit in an emergency, but they have to repair the road to its original state, all at their expense.
Section § 1466
This law allows the road commissioner to give a city the power to handle certain road-related responsibilities on county highways within that city. However, the commissioner keeps their approval rights and can take back the city's authority at any time.
Section § 1467
This law allows the road commissioner to ask someone applying for a permit to provide a bond (essentially a financial guarantee). This bond is meant to ensure that the applicant follows all the rules and requirements laid out in this chapter concerning road use or construction in the county.
Section § 1468
This law states that public agencies or public utilities, which have the right to use public highways to build or maintain infrastructure, typically don't need to provide a bond (a security payment). Plus, their permit applications cannot be denied solely because they haven't provided a bond.
However, if these agencies or utilities have previously failed to follow the rules or the terms of a prior permit, the road commissioner can require them to post a bond of up to $20,000 as a condition for getting a new permit.
Section § 1469
This law allows certain utility services, like city utilities and water districts, to get a general, annually renewable permit. This permit lets them maintain and install service connections on county highways. However, the road commissioner can cancel the permit if the utility does not follow the rules. If their permit is revoked, they must provide a bond to get a new one.
Section § 1470
This law section states that the rules in this chapter do not override or replace the rules found in Chapter 3, starting with Section 7030, of Division 4 in the Water Code.