What is an Encroachment Permit and why is it required?
An Encroachment Permit allows the County to monitor work and activities performed within their Right-of-Way (typically County maintained roads) to ensure County Facilities and Infrastructure are protected as well as ensuring public safety is considered during activities and construction.
An Encroachment Permit is required anytime construction or proposed activities are to encroach within, under or over the County's road Right-of-Way.
Activities that would constitute the need for a permit include:
- Installation of driveways
- Private Road development
- Installation of drainage or irrigation
- Vegetation and tree trimming requiring traffic control
- Utility installation and repairs including emergency repairs
- Community events such as parades
- Sporting events that include bike races and marathons
- Filming activities such as commercials and documentaries.
What is the Encroachment Permit Process?
The Encroachment Permitting process begins by submitting an application and required exhibits. Exhibits typically include the following:
- Site Plans - for construction projects and repairs
- Route Plans - for races and sporting activities
- Traffic Control Plans - shows how traffic control and lane closures will be addressed as well as the proposed placement of traffic warning signs and cones
- Driveway and Road Connections details
- Certificate of Insurance – Naming Nevada County Public Works as a Certificate holder with amounts varying dependent upon activity
- IGS Filming Permit
Encroachment Permit applications and instructions are available online at: https://www.mynevadacounty.com/2433/Public-Works-Permits
Using Drones for Filming and Inspections
Drones play an important part in today's workforce. They are used for filming in movies and cinematography as well as by utility and construction firms for inspection and aerial photography.
When using a drone in any area that is considered part of the County's Right-of-Way, an Encroachment Permit is required along with several additional exhibits over and above those listed previously:
- Unmanned Aircraft over State Property Certificate of Waiver Authorization
- USAGI (Unmanned Systems Certificate of Insurance)
- USA License
If unsure whether your construction projects, repairs, sporting or community events may encroach on a Public Roadway or any County Right-of-Way, it is always best to inquire with Public Works to verify the need for a permit.
Working within the County's right of way without the proper permitting is a violation of the Nevada County's Title 2 General Code, Chapter IV: General Regulations, Article 4.A Regulating Roadway Encroachments and is subject to mandatory fines plus the cost of enforcement.
