California Surveyors Forums

Was surveying in a city in a neighborhood (2 lane streets - minor traffic issues) and a City employee approached me and told me his PW director told him that I needed an encroachment permit to work there because I have "equipment in the street." For some reason he did not pursue it, so I guess I had an unofficial warning. I was curious if anyone deals with this, since it was the first time in the 25 years I've been doing field work that this has occurred.

I have not dealt with it before. I have used this provision from the PLSA. Perhaps it should be extended to common streets and right of ways?

8774. Right of entry

(a) The right of entry upon or to real property to investigate and utilize boundary
evidence, and to perform surveys, is a right of persons legally authorized to practice land
surveying, and it is the responsibility of the owner or tenant who owns or controls property to
provide reasonable access without undue delay. The right of entry is not contingent upon the
provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of
the proposed time of entry where practicable.

(b) The requirements of subdivision (a) do not apply to monuments within access controlled portions of freeways.

(c) When required for a property survey, monuments within a freeway right-of-way shall
be referenced to usable points outside the access control line by the agency having jurisdiction
over the freeway when requested in writing by the registered civil engineer or licensed land
surveyor who is to perform the property survey. The work shall be done within a reasonable time
period by the agency in direct cooperation with the engineer or surveyor and at no charge to him
or her.

Yes, I have had that very encounter in a city that had no business becoming a city because they have no revenue source other than fines and permit fees.
The "Public Works Director" riding around La Habra Heights in his own vehicle approached me with the necessity of an encroachment permit, which also required a business license. I, too, pleaded "right of entry" to no avail. I had to pick up and leave that day. (I was finished in the street anyway.)
Since "City Hall" (a room in an abandoned school) is closed on Friday, I always did my work there on Fridays and Saturdays.

The first thing they did when they became a city was repave all the streets, and, of course, wiped out all the survey control! A good place not to work.

Unbelievable!

Wow Bryan. Where the heck was that? I have not come across that before in the Bay Area.

MikeT wrote:Wow Bryan. Where the heck was that? I have not come across that before in the Bay Area.

Millbrae.

All the politicians undoubtedly, grabbed a shovel, for a photo op, showing they were fixing the potholes.

The City of Woodland requires an encroachment permit for "any work that is done within the public right-of-way."

I don't bother with them if I'm just making a tie or two. The one project on which I had to spend some time in a busy intersection there (tying out a monument to be upgraded) I did it early on a Sunday morning.

I have had great success by pointing out that surveyors are exempt from trespass while performing work [PC 602.8(c)(4)]. That means I do have access, except where specifically prohibited (freeway right-of-way). My LS Wallet card completes the necessary documentation.

And, PSA...if you're up in age (over 45 or 50), and your doctor recommends a colonoscopy, accept the advice. If you're over 55 and haven't seen your doctor in awhile, make an appointment.

It's painless and the prep is not nearly as bad as it was a decade ago. There's nothing to be afraid of. Seriously.

The colonoscopy is far more definitive than the stool occult blood test. The doctor can also snip out any polyps and pathology can confirm diagnosis.

Thankfully, mine were benign.