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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

Cass County Code § 510.130 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.

Section 510.120 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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