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Cass County, MO Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit issuer
Road/Bridge Department
Owner exemption
mowing/brush cutting adjacent to own property
Fee
set by County Commission
Security
bond or cash, amount set by department
Utility liability rule added
Ord. No. 25-06, Sept. 3, 2025

Summary

Anyone clearing, grading, shaping, excavating or otherwise working within a public dedicated right-of-way in unincorporated Cass County must first get a permit from the Road and Bridge Department, with a bond or cash security required to guarantee the right-of-way is restored.

These county ordinances apply to unincorporated areas of Cass County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A permit shall be obtained from the Road/Bridge Department prior to performing any clearing, grading, shaping, excavation or any other work within public dedicated right-of-way except that a property owner may perform mowing, clearing or brush cutting work on County right-of-way directly adjacent to their property without a permit. ... A bond or cash security may be required to be provided to the Road/Bridge Department in an amount to be established by said department to ensure that the right-of-way is repaired to its original condition. ... Fee. As prescribed by the Cass County Commission.

Full Breakdown

130 requires a permit from the Road/Bridge Department before performing clearing, grading, shaping, excavation or any other work within a publicly dedicated right-of-way, though a property owner may mow, clear or cut brush on the county right-of-way directly adjacent to their own property without a permit. The department may require a bond or cash security in an amount it establishes to guarantee the right-of-way is repaired to its original condition, and the permit fee itself is set by the Cass County Commission rather than fixed in the code.

120 explains the underlying purpose: permits let the department identify who is responsible for work on a right-of-way, enforce the county's construction best-management practices consistently, and answer questions about ongoing work. Permit fees and bonding do not apply to public utilities or other public agencies, but private contractors working under contract with a utility or public agency are not exempt. A 2025 amendment (Ord. No. 25-06) added liability rules for utility facilities in the right-of-way during routine county maintenance: vaults and handholes must sit flush with final grade unless the county approves otherwise in writing, above-ground pedestals must stay visible and unobstructed, and right-of-way users assume the risk of incidental damage from routine mowing, grading, snow removal or drainage work and must indemnify the county for it.

Violations & Fines

Performing right-of-way work without the § 510.130 permit exposes the responsible party to Cass County's general penalty at § 100.210: a civil penalty of up to $1,000.00, with every day the unpermitted condition continues treated as a separate offense. The Road/Bridge Department can also draw on any required bond or cash security to restore a right-of-way it finds damaged by unpermitted or non-compliant work.

Frequently Asked Questions

Do I need a permit to dig or grade within a Cass County road right-of-way?
Yes. Section 510.130 requires a permit from the Road/Bridge Department before any clearing, grading, shaping, excavation or other work within a publicly dedicated right-of-way, with a narrow exception for mowing or brush cutting adjacent to your own property.
How much does a Cass County right-of-way work permit cost?
The code does not set a fixed dollar figure; § 510.130(C) states the fee is as prescribed by the Cass County Commission, so applicants should confirm the current amount with the Road and Bridge Department before starting work.
Is a bond required to work in the Cass County right-of-way?
It can be. Section 510.130(B) lets the Road/Bridge Department require a bond or cash security, in an amount the department sets, to guarantee the right-of-way is repaired to its original condition after the work is done.
Are public utilities exempt from Cass County's right-of-way permit fees?
Public utilities and other public agencies are exempt from the fees and bonding requirements under § 510.120(B), but private contractors working under contract with a utility or public agency are not exempt from those requirements.

Sources & Official References

Other rules in Cass County

All Cass County rules

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