Excavation & Right-of-Way Permits

Digging in a public street, sidewalk or utility easement almost always needs a permit from the city, county, state or utility that controls the land. Permits protect the public, utilities and pavement, and they spell out traffic control, depth, restoration and inspection rules. Working without one can mean stop-work orders, fines and liability for damage and injuries.

• Excavation & Utility Contractors
• Property Owners
• Project Managers

Why permits are required

• Public safety: open trenches, plates and detours affect drivers, cyclists, pedestrians and emergency vehicles.
• Protecting utilities and infrastructure: streets contain water, sewer, gas, electric, communication and storm lines. A permit process coordinates the work and helps prevent damage.
• Pavement and surface quality: agencies set standards for cutting, backfilling and patching, since poor repairs cause settling and potholes.
• Accountability: permits identify who is responsible, require insurance and bonds, and give the public a contact.
• Environmental protection: erosion, dust and runoff rules apply. See Stormwater & SWPPP.

Types of permits you may need

Names, rules and fees differ widely by place. Ask the local authority which permits apply before you start. Utilities and railroads may have their own permit processes.

Before you apply and dig

• Call 811 at least the legally required number of days before digging, and get your ticket number. A permit does not replace 811, and 811 is not a permit. See Call 811 and Private Utility Locating.
• Prepare plans and details: location, dimensions, depth, method (open cut, boring, trenchless), schedule, restoration, traffic control plan and the contractor’s information.
• Provide proof of insurance and bonding, which many cities require, plus contractor licenses and registration.
• Plan traffic control according to the Manual on Uniform Traffic Control Devices (MUTCD) and local rules, and use trained flaggers and certified traffic control designers where required. See Work Zones and Driving Through Work Zones.
• Check restrictions: moratoriums on recently paved streets, seasonal limits (winter or school times), noise hours, truck routes and sensitive areas.
• Pay fees and bonds, and keep the permit on site, visible and accessible to inspectors.
• Notify neighbors, businesses and emergency services when required, especially if driveways, parking or access will be blocked.

During the work

• Follow the permit conditions exactly: location, hours, trench width, depth, materials, traffic control and spoils handling. Don’t expand the work without approval.
• Protect the public. Use barricades, fencing, lighting, signs, covered holes and steel plates that are secured, with ADA-compliant pedestrian routes. Keep sidewalks and crosswalks safe. See Trench Crossings and Excavation Edge Protection.
• Protect workers: OSHA’s excavation rules apply regardless of permits, including competent person inspections, protective systems, and safe access. See Competent Person Inspections and Protective Systems.
• Protect utilities, including potholing to verify locations, hand digging near marks and supporting exposed lines. See Supporting Exposed Utilities and Hydro-Vacuum Excavation.
• Control dust, mud and runoff, and keep storm drains protected. Dewater to approved locations only.
• Schedule inspections: many permits require inspection of the trench, bedding, backfill, compaction and pavement restoration. Don’t cover work before it is inspected.
• Report utility damage immediately to the utility and 811, and call 911 for gas leaks or electrical contact. See Utility Strikes.

Restoration and closeout

• Backfill and compact in lifts with approved material, and restore the surface to the agency’s standard (base, asphalt or concrete, markings, curbs and sidewalks). Poor compaction causes settling and later claims. See Backfilling & Compaction.
• Remove temporary devices, clean up the street, and restore signs, pavement markings, landscaping and drainage.
• Request final inspection and close out the permit. Cities may hold bonds for warranty periods (often one or two years) and require fixes of settling or defects.
• Keep records: permit, 811 ticket, photos, inspection reports and as-built information, in case of damage claims.

Emergency excavations

• Emergency repairs, such as water main breaks and gas leaks, can often begin before the permit is issued, if the agency allows emergency work, but you must still call 811 (emergency locate), protect the public and notify the agency right away, then get the permit afterward as required.
• Emergencies don’t suspend OSHA rules, safe trenching or traffic control.
• Document what you did and why.

Excavation permit checklist

• I identified every permit needed: ROW, traffic control, building or land disturbance, dewatering and others
• I called 811, kept the ticket and verified utilities, and have insurance and bonds in place
• The traffic control plan, pedestrian protection and neighbor notices are ready
• The permit is on site and I follow its conditions and hours
• Inspections are scheduled before backfill and surface restoration, and OSHA trench rules are met
• I restored the surface to standard, closed the permit and kept the records

Last updated: October 5, 2026