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Davis County, UT Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing section
Davis County Code § 14.20.020
Issuing authority
Davis County Public Works Director
Restoration deadline
Backfill within 48 hours of starting
Completion deadline
60 days from permit approval
Insurance minimum
$1,000,000 combined single limit
Unpermitted-work penalty
$1,000 civil penalty per day

Summary

Davis County requires a Public Works excavation permit before anyone digs into, replaces, or alters improvements within a County right-of-way, road, street, or highway. Applicants must submit a MUTCD traffic control plan, fees, insurance, and a restoration deposit to the Director, and emergency work must still be reported and permitted by the next business day.

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

No person may undertake or make any excavation in or upon any County right-of-way, road, street, or highway without a permit approved and issued by the Department except in an emergency as provided in Subsection C. Any person desiring to make any excavation in or upon any County right-of-way, road, street, or highway shall file an application together with the required traffic control plan, fees, insurance, and deposit as required by this chapter and Section 2.48.070 with the Director before initiating any work except in an emergency as provided in Subsection C. If an emergency exists, the person may commence to make an excavation in or upon any County right-of-way, road, street, or highway before submitting an application and the issuance of an excavation permit; provided, however, that the person: Informs the Director or his designees of the emergency before making the excavation and receives verbal or written authorization to proceed; and Submits an application together with the required fees and deposit by the end of the next business day following the commencement of the work.

Full Breakdown

020 bars excavation in any County right-of-way, road, street, or highway without a permit issued by the Public Works Department, except in a declared emergency. 070; in an emergency, the person must get verbal or written authorization from the Director first and file the paperwork by the end of the next business day. 030 sets the working conditions: the permit holder must safeguard the site per the approved traffic control plan, backfill and restore roadway improvements within 48 hours unless the Department approves an extended schedule, complete all work within 60 days of approval, and maintain the excavation site for one year after inspection.

Insurance must carry at least $1,000,000 combined single limit for death, injury, and property damage, naming Davis County as an additional insured. 040 requires a restoration deposit before the permit issues; the Department can waive or reduce it, refunds it within 60 days of a passed inspection, and can forfeit it if the site fails inspection or sits unrestored 48 hours past the deadline, with an administrative conference and County Commission appeal available to challenge forfeiture.

Violations & Fines

Section 14.20.055 makes starting excavation before a permit issues, or failing to get one within 24 hours of an emergency start, a civil penalty of $1,000 per day for each day the violation continues. Anyone who otherwise fails to comply with the excavation chapter is guilty of a misdemeanor, on top of the County recovering any completion or restoration costs it advances.

Frequently Asked Questions

Do I need a permit to dig in a Davis County road right-of-way?
Yes. Section 14.20.020 prohibits any excavation, including replacing or altering existing improvements, in a County right-of-way, road, street, or highway without a permit from the Public Works Department. The only exception is a genuine emergency, and even then the person must notify the Director and file the application with fees and deposit by the next business day.
How fast must I restore the road surface after excavating?
Section 14.20.030 requires backfilling and replacing roadway improvements within 48 hours of starting the work, unless the Director approves an extended schedule in the application, and all excavation work must be finished within 60 days of the permit's approval. The permit holder stays responsible for maintaining the site for a full year afterward.
What insurance does the County require for an excavation permit?
Section 14.20.030(E) requires a general and public liability policy of at least $1,000,000 combined single limit for death, bodily injury, and property damage, plus at least $1,000,000 in employer's liability, naming Davis County as an additional insured, with a certificate provided to the Director before work begins.
What is the penalty for excavating without a permit?
Section 14.20.055 sets a civil penalty of $1,000 for each day someone excavates a County right-of-way without the required permit or fails to obtain one within 24 hours of an emergency start. Failing to otherwise comply with the chapter's requirements is also a misdemeanor.

Sources & Official References

Other rules in Davis County

All Davis County rules

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