Encroachment Permits – Working in City Right-of-Way
The purpose of this permit is to regulate all work of any kind or nature performed within the public right-of-way or other public places contained within the corporate limits of the city and to promote the public health, safety and general welfare in accordance with approved standards. The permit applies to any activity, including, but not limited to, utility installation, sidewalk repair or installation, approach construction, landscaping, erecting fixed objects, drainage improvements and all other improvement work and maintenance within the City right-of-way.
Right-of-Way (Encroachment) Permits Frequently Asked Questions:
Q: When do you have to apply for a permit?
A: According to Payette City Code 12.05.020: Actions Requiring Encroachment Permit is listed as follows:
It shall be unlawful for any person or entity other than the city or its contractors or agents, or that person's or entity's contractor, subcontractor, paving company, landscaper or agent, to excavate, dig, pave, landscape or construct improvements, within or on any right of way or easement or make any alterations thereto without first obtaining an encroachment permit from the city of Payette.
Q: How do I know if I will be working in the City right-of-way?
A. The City’s ROW can vary from 15 feet to 100 feet. Please contact City Hall at (208) 642-6024 to inquire where the ROW is on your street or on the street you will be working on.
Q: What is performance surety or a surety bond?
A. The permittee shall provide a bond or other form of surety, in a form approved by the city, in an amount of two-thousand dollars ($2,000.00) as surety for the timely completion of the work and in compliance with city standards. If the work is unduly delayed by the permittee, and if the public interest reasonably so demands, the city shall have the authority, upon written notice to the permittee, to complete the work or any portion thereof. The actual cost of such work by the city, plus fifteen percent (15%) as an overhead charge, shall be charged to and paid for by the permittee.
Q: Is there an indemnification clause?
A. Yes, the permittee shall be responsible for all claims and liabilities arising out of work performed under the permit or arising out of the permittee’s failure to perform the obligations with respect to this chapter. The permittee shall, and by acceptance of the permit, agree to defend, indemnify, save and hold harmless the city, its officials, employees and agents from and against any and all suits, claims or actions brought by any person for or on account of any bodily injuries, disease or illness or damage to persons and/or property sustained or arising in the construction of the work performed under the permit or in consequence of permittee’s failure to perform the obligation with respect to this chapter.
Q: Where do I find out more about the permit?
A. For more information regarding right of way encroachments, click the link below and go to Section 12.05 in the Payette City Code. If you need personal assistance, please e-mail billing@cityofpayette.com or phone the City at (208) 642-6024.
