Easements

When a typical subdivision is planned, public utility easements are established in locations where utilities are expected to be located.

Encroachment into a public utility easement is strictly prohibited without the permission of the utilities having the authority to use that easement.  Generally, those utilities include: Salt River Project, Southwest Gas, CenturyLink (formerly Qwest), Cox Communications, EPCOR-Chaparral District, and the Fountain Hills Sanitary District.  This means that even if all you want to do is plant a tree in an established public utility easement or enclose the easement within your backyard, you must have permission from the utilities to do so.  Where a public utility easement contains active sewer infrastructure, encroachment into the easement is typically limited and depends on your specific circumstances.

The process for obtaining such permission from the District is through an encroachment permit.  An encroachment permit form can found under forms and documents.  The form must be filled out and submitted to the District for review.  The cost for this permit is $75 if a site visit is required or $25 if no site visit is necessary.

In some cases, a public utility easement may not contain utilities and can be abandoned.  This abandonment process is administered by the Town of Fountain Hills.  An abandonment letter must be obtained from each utility.  This District’s abandonment application form can be found under forms and documents.  The form must be filled out and turned in to the District for review.  The cost for this permit is $75 if a site visit is required or $25 if no site visit is necessary.