Encroachments and Activities in the Right-of-Way Policy
Purpose
This policy describes how the Mohave County Department of Public Works will allocate its resources to regulate and remove encroachments (obstructions) and activities within public rights of way under the jurisdiction of Mohave County. This policy is intended to be a “determination of fundamental governmental policy” as defined in Section 12-820.01 of the Arizona Revised Statutes. Although Public Works recognizes the importance of maintaining clear rights of way for public use, to provide access to adjacent properties, and to serve as a corridor for the installation and maintenance of public utilities, all encroachments and activities do not pose the same level of concern, and Public Works does not have sufficient resources to actively police those that do not pose a serious threat to the public safety.
Definition
As used herein, “encroachments and activities within the public rights of way” are those that are located wholly or partly within the boundaries of a dedicated public right of way (or public right of way easement) and that actually or potentially interfere with the use of the right of way for its intended purposes. By way of example only, they include the following:
• Driveways, whether concrete, asphalt, gravel or other materials.
• Landscaping, such as grass, plants, trees, railroad ties, rocks or gravel.
• Objects, such as signs and sign posts, basketball boards and posts, walls or fences, and poles or posts.
Policy
A. PERMIT REQUIRED. All “encroachments and activities within the public rights of way” (as hereinafter defined) must be undertaken pursuant to a permit issued by the Department of Public Works. Unpermitted encroachment and activities constitute trespass and are subject to removal or prosecution as described herein.
B. UNPERMITTED ENCROACHMENTS OR ACTIVITIES. Unpermitted encroachments or activities that are discovered by or reported to the Department of Public Works, including those existing prior to the adoption of this policy, will be addressed as follows:
1. SERIOUS THREATS TO PUBLIC SAFETY – IMMEDIATE REMOVAL.
Unpermitted encroachments or activities that are determined by the County Engineer (or his representative) to pose a serious threat to the public safety may be immediately removed by Public Works Personnel. The determination shall be based on the AASHTO Guidelines for the lateral clear zone known as the “Recovery Area,” which must be kept free of all unyielding objects that might severely damage an out-of-control vehicle. Public Works shall proceed with the removal in a reasonable manner, but no guarantee is made that the encroachment will not be damaged or destroyed in the process, and Mohave County assumes no responsibility or liability for such damage or destruction.
a. PROSECUTION.
Alternatively (or in addition) to paragraph 1, in circumstances where the identity of the person causing the serious encroachment or activity is known, the matter may be referred to the Mohave County Sheriff for citation of the violator under A.R.S. §13-2906 (“Obstructing a Highway or Other Public Thoroughfare”), or to the County Attorney for evaluation of possible prosecution under §13-2906.
b. REFERRAL TO COUNTY ATTORNEY WHEN REMOVAL IS NOT FEASIBLE.
In circumstances where it is not feasible for Public Works to undertake the removal of the serious encroachment or activity, or there is a reasonable possibility of violence or confrontation, the matter may be referred to the County Attorney to obtain a court order authorizing the removal or requiring the responsible person to remove it.
2. NON-SERIOUS THREATS TO PUBLIC SAFETY.
Unpermitted encroachments or activities that are determined by the County engineer (or his representative) not to pose a serious threat to the public safety will be addressed as time and resources allow. All of the alternatives described in paragraphs 1 and 3 shall be available.
3. NON-THREATS.
Unpermitted encroachments or activities that are determined by the County Engineer (or his representative) not to pose a threat to the public safety will be addressed, if at all, as time and resources allow. Alternatives may include a “no action” decision by the Director of Public Works, warning letters to the person causing the encroachment or activity, or contact by mail or telephone.
4. WRITTEN DETERMINATION.
The determination as to whether an unpermitted encroachment or activity poses a serious threat to the public safety, a non-serious threat, or a non-threat shall be made in writing and retained by the Department of Public Works for a period of a least seven years.