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Right-of-Way Permit

Right-of-Way Links
• Permit Application
• Insurance Requirements
• Permit Use and Fees
• Performance Bond Form
• Security in Lieu of Performance Bond Form
• Contact Us - Right-of-Way

On February 7, 2007, the Board of Directors of the Flood Control District of Maricopa County adopted Enforcement Rules for violations of the Floodplain Regulations of Maricopa County and for interfering with Flood Control District structures or property. These new rules, established pursuant to ARS 48-3603, 48-3609, 48-3615, 48-3615.01 and 48-3615.02, provide for penalties of up to $750 per day for individuals and $10,000 per day for corporations found to be in violation.

The District owns and maintains flood control facilities and land throughout Maricopa County. In order to access or use this land, you must obtain a right-of-way permit. The District issues right-of-way permits for District land and facilities in both incorporated and unincorporated Maricopa County.

A right-of-way permit is a written document that serves as a right of entry and gives the permit holder access onto District-owned or maintained structures and land. In addition to gaining property access, the permit gives permission to conduct a specific activity on the property. Through the right-of-way process, the District fulfills its responsibility to maintain the integrity of its flood control structures and properties by controlling the activities in and around District property.

A right-of-way permit must be obtained to drain water into a flood control facility.

The District has a written right-of way permit process. When an applicant submits a request for access to and/or activity on a particular District property, a District Right-of-Way Permits Specialist reviews the request and forwards it to the relevant District branch or branches depending on the nature of the request. Each branch has a different concern regarding right-of-way. Throughout the review process by the branches, the submitted permit request is evaluated for technical concerns regarding the specific activity. These technical concerns are forwarded as written comments to the applicant requesting that revisions be made to the permit request to satisfy District concerns.

The District evaluates the request as a property owner. It is always the District's intent that our permit requirements take into consideration the impact on District property, the structural integrity of the facility, potential liability and public safety.

When the applicant resubmits their right-of-way request with the requested revisions, the review process starts again through the various branches until all District concerns are addressed and the permit is issued to the applicant.

All permit applicants must submit the written application, application and review fee, and full-size plans, fulfill the District's insurance requirements, and pay all inspection and rental fees. In addition to meeting the insurance requirements and paying fees, the applicant must also deposit a performance bond with the District or a security in lieu of performance bond. The District holds the performance bond until we are assured that all conditions of the permit were met.

Permits are issued only to the person, corporation or political subdivision that applies for the permit. Therefore, permits cannot be assigned or transferred to another person or entity. If a permit holder does this, the permit becomes void.

A permit is valid for the time that is indicated on the permit, unless canceled or revoked sooner.

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