Prescott Valley, AZ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Town Engineer, § 16-02-070(A)
- Review time
- Within ten business days of a completed application
- Assurance
- Bond or cash equal to construction cost plus 15%
- Emergency work
- Permit application within two business days
- Permit term
- No more than one year, one extension up to six months
- Minimum civil sanction
- Not less than $1,500 per finding
Summary
In the Town of Prescott Valley, Arizona, anyone who digs in, builds in or uses a public right-of-way for traffic control, haul routes, landscape maintenance or temporary parking must first obtain a permit from the Town Engineer under Town Code § 16-02-070(A). A bond of construction cost plus 15% is required, and violations carry a civil sanction of not less than $1,500.
A. Permit Required for Work Within Town Rights-of-Way or Easements: Any person, contractor, firm, utility company or corporation desiring to dig any hole, grading for roadways, sidewalks, curbs, gutters, driveways, signing, striping, lighting, drain, trench or ditch in any public right-of-way or desiring to construct, remove or change any public improvement in any public right-of-way, or desiring to cut, trench, pothole or excavate any public right-of-way, or desiring to use any public right-of-way for traffic control, construction haul routes, landscape maintenance, maintenance of underground facilities or temporary parking shall first apply for and obtain a permit from the Town Engineer. ... D. Completed applications will be reviewed by the Town Engineer or designee within ten business days. ... 2. Violations shall be enforced pursuant to Article 1-08 of this code, except that upon issuing a finding in favor of the Town, the Magistrate Court shall impose a civil sanction of not less than $1,500.
Full Breakdown
Town Code § 16-02-070(A) requires a permit from the Town Engineer before anyone digs a hole, grades for roadways, sidewalks, curbs, gutters, driveways, signing, striping, lighting, drains, trenches or ditches in a public right-of-way, changes any public improvement there, or uses the right-of-way for traffic control, construction haul routes, landscape maintenance, maintenance of underground facilities or temporary parking. No permit is required for work done for municipal purposes using Town personnel and equipment, and private utilities must still obtain permits for work on their facilities but are exempt from fees.
Before issuance, § 16-02-070(B) requires evidence of the applicant's right to use the right-of-way, insurance indemnifying the Town, an Arizona registrar of contractors license, a signed contract or verifiable professional cost estimate, plans showing existing surface conditions and the work, and a bond or other cash assurance equal to the cost of construction plus 15%. Under § 16-02-070(D) the Town Engineer or designee reviews a completed application within ten business days and issues the permit once the work is found not to interfere with the safety of the traveling public or with the current or future community improvement project, the plans are approved, fees are paid and a traffic control plan is approved.
Emergency work under § 16-02-070(E) needs a diligent effort to telephone the Town Engineer before work starts and a permit application within two business days of commencing. A permit expires if work does not start within 30 days of issuance or is not completed within ten days after the stated completion date, and permits run no more than one year, with a one-time extension of no more than six months (§ 16-02-070(U)).
Cutting pavement has its own rule. Section 7-10-030(A) requires a Right of Way permit issued by the Public Works Department to cut into any street pavement, curb, gutter, sidewalk, storm drain, culvert, bridge or pipe within a public right-of-way, and § 7-10-030(B)(1) bars open trenching on street pavements less than five years old without the Town Engineer's written approval. Section 7-10-020 requires the contractor to notify the property owner twenty-four (24) hours before construction in front of a driveway.
Violations & Fines
Under § 16-02-070(W), a violation of the chapter is a civil violation enforced under Article 1-08, and the Magistrate Court, on a finding for the Town, shall impose a civil sanction of not less than $1,500. Every day or portion of a day is a separate offense, and the court shall order abatement as necessary. A permit obtained after work has started costs double the normal fee plus a late fee under § 16-02-070(V), and paying it does not waive other penalties.
Frequently Asked Questions
Do I need a permit to use the right-of-way for a construction haul route or temporary parking?
What must I submit with a right-of-way permit application?
How long does the Town take to act on an application?
What if the work is an emergency?
Who issues the permit to cut into a street?
Sources & Official References
Other rules in Prescott Valley
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Encroachment Permits in Nearby Cities
How other cities in Yavapai County handle encroachment permits.