CHAPTER 3. The Care and Protection of State Highways [660. - 759.3.]

Chapter 3 enacted by Stats. 1935, Ch. 29.

§§ 660–759.3 · 101 sections

1. ARTICLE 1. General Provisions §§ 660–661 · 2 sections

   • § 660 As used in this chapter: (a) “Highway” includes all, or any part, of the entire width of the right-of-way of a state highway, whether or not the entire area is…
   • § 661 In addition to persons, public corporations, and districts specified in this chapter, this chapter shall apply to all private corporations authorized by law to…
2. ARTICLE 2. Permit Provisions §§ 670–695 · 33 sections

   • § 670 (a) The department may issue written permits, as provided in this chapter, authorizing the permittee to do any of the following acts: (1) Make an opening or…
   • § 670.1 (a) The department may issue a permit to the owner or developer of property adjacent to or near a state highway to construct, alter, repair, or improve any…
   • § 670.5 (a) The Flag of the United States of America and the Flag of the State of California may be displayed on a sidewalk located in or abutting on a state highway…
   • § 671 Any act done under the authority of a written permit, issued pursuant to the provisions of this chapter, shall be done in accordance with the applicable…
   • § 671.1 The department may establish a fee schedule and charge a fee for the issuance of permits pursuant to the provisions of this chapter, except that no such fee…
   • § 671.5 (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed…
   • § 672 Any permit issued under the provisions of this chapter may provide that the permittee will pay the entire expense of replacing the highway in as good condition…
   • § 673 (a) Any permit issued to a permittee of the class specified in Section 678 shall contain a provision that in the event the future improvement of the highway…
   • § 674 The department may, but is not required to, supervise any work done under any permit, issued under the provisions of this chapter in which event the permittee…
   • § 675 (a) Permittees may excavate openings in state highways to make repairs in cases of emergency requiring immediate action. In such cases, the appropriate…
   • § 676 The department may delegate to any city any of the department’s powers, duties, and authority, other than those of approval, under this chapter as to any State…
   • § 677 Before granting a permit under any provision of this chapter, the department may require the applicant to file with the department a satisfactory bond payable…
   • § 678 Except as otherwise provided in this section, such a bond shall not be required of any county, city, public corporation or political subdivision which is…
   • § 679 Any city, municipal utility district, municipal water district or metropolitan water district is entitled to a blanket permit, renewable annually, for the…
   • § 680 Whenever a franchise is granted by any county or city in any public highway which has been or is subsequently constituted a state highway, the department may…
   • § 680.5 The department and any utility as defined in Section 700 may enter into a contract for or apportioning the obligations and costs to be borne by each party for…
   • § 681 Whenever a franchise shall have been granted by any county or city in any public highway heretofore or hereafter constituted a State highway, all of the rights…
   • § 682 Every city and county shall have power to grant franchises authorizing the exercise of any privilege in, along, across, under, through, over, and upon any…
   • § 682.5 (a) Notwithstanding Section 731, the department may issue permits to counties and cities for the use of highways within their boundaries and to community-based…
   • § 682.7 (a) As used in this section: (1) “Event” means a competition event that encroaches a state highway. (2) “Prize compensation” includes prize or purse money,…
   • § 683 No franchise of any kind shall be granted in respect to any State highway or portion thereof which has been established as a freeway pursuant to the provisions…
   • § 684 No franchise shall be granted for the installation of street or other railroad tracks or the operation of street railroads or other railroads on any State…
   • § 685 In case a franchise is granted for the exercise of a privilege in a city street or county highway, approval of the department shall not be required in respect…
   • § 686 The department shall approve any franchise submitted for approval pursuant to Section 683 or 684 unless the department finds on the facts of the particular…
   • § 687 Franchises may be granted under this article separately as to any state highway, or portion thereof, or in respect to both state highways, or portions thereof,…
   • § 688 In cases in which the approval of the department is not required, the city or county shall give notice to the department of any application for a franchise…
   • § 689 No privilege shall be exercised in any state highway pursuant to any franchise granted under this article until a copy of such franchise, certified by the…
   • § 690 The department shall have the power to prescribe the location, within the limits of the State highway, of any physical property to be constructed or installed…
   • § 691 In the exercise within the limits of any State highway of any privilege granted by franchise, the holder thereof shall at all times be subject to all…
   • § 692 Independently of or jointly with the grantor city or county, the department may enforce any obligation imposed by any franchise granted pursuant to Section 682…
   • § 693 All sums payable by the grantee under any such franchise shall be paid to the grantor city or county.
   • § 694 All franchises heretofore granted by any city for the exercise of any privilege in any State highway, are hereby fully validated, legalized and made effective,…
   • § 695 Failure of the department to act upon any application for approval under Sections 683 or 684 within 90 days after the filing of such application with the…
3. ARTICLE 2.5. Special Provisions re Utilities in Freeways §§ 700–711 · 14 sections

   • § 700 (a) “Person,” in addition to the definition in Section 19, includes any city, county, public corporation, or public district. (b) “Utility facility” means any…
   • § 701 This article is limited to state highways which are or shall become freeways. Article 2 (commencing with Section 670), except as inconsistent with this…
   • § 702 Whenever the department requires any utility to remove any utility facility lawfully maintained in the right of way of any freeway to a location entirely…
   • § 703 Whenever the department requires a publicly owned utility to relocate within a freeway any utility facility lawfully maintained in any freeway which was not a…
   • § 704 If the department requires the relocation within the right of way of any utility facility more than once within a period of 10 years, the department shall pay…
   • § 705 In any case in which the department is required under the provisions of this article to pay the cost of removal or relocation of any utility facility, it shall…
   • § 706 The department and any utility required to remove a utility facility or to relocate any utility facility may, by agreement, provide for the respective amounts…
   • § 706.5 In connection with the construction of State Highway Route 86 in Imperial County from Post Miles 58.4 to Post Miles 65.1 and the relocation of facilities of…
   • § 707 In the event of failure to reach an agreement as provided in Section 706, the utility or the department may bring an action in a court of competent…
   • § 707.5 (A) The department and any utility as defined in Section 700 of this code may enter into a contract providing for or apportioning the obligations and costs to…
   • § 708 Every utility is entitled to a permit for such reasonable crossings of any freeway, as may be required for the proper discharge of the utility’s service to the…
   • § 709 The department shall exercise a reasonable discretion in acting on applications of utilities for permits to occupy freeways for longitudinal locations of…
   • § 710 The department, in acting upon applications for utility permits, shall consider both the interests of the traveling public upon the freeway and the needs of…
   • § 711 Nothing in this article is intended to prevent the department from making reasonable rules and regulations and requiring reasonable conditions in permits…
4. ARTICLE 3. Nuisance and Penal Provisions §§ 720–734 · 18 sections

   • § 720 If any encroachment exists in, under or over any State highway, the department may require the removal of such encroachment in the manner provided in this…
   • § 721 The department may immediately remove from any state highway any encroachment that: (a) Is not removed, or the removal of which is not commenced and thereafter…
   • § 722 The department may remove an encroachment on the failure of the owner to comply with a notice or demand of the department under the provisions of Section 673,…
   • § 723 If the owner, occupant, or person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of them,…
   • § 724 Unless the encroachment is authorized under Article 2 (commencing with Section 670), any person owning, controlling, or placing, or causing or suffering to…
   • § 725 It is unlawful for any person to do any of the following acts: (a) Drain water, or permit water to be drained, from his lands onto any State highway by any…
   • § 726 When notice thereof is given by the department, in the manner provided by section 720, to any person permitting or suffering such damage to be done to any…
   • § 727 If a person is thus notified, and fails, neglects, or refuses to cease and discontinue the diversion, to discontinue and prevent the drainage, seepage, or…
   • § 728 Any person proposing or desiring to excavate or construct ditches in, under or over any State highway, to carry water for any purpose, shall construct, without…
   • § 729 Upon the neglect or refusal of any person to comply with the provisions of section 728, the department may construct any such crossing and may recover, in the…
   • § 730 Any person who by any means wilfully or negligently injures or damages any State highway is liable for the repair thereof, and the department, in the name of…
   • § 730.5 Any person who by any means, without a permit issued by the department, digs up, cuts down, destroys, prunes, trims, or otherwise injures any tree or shrub on…
   • § 731 Any vehicle or structure parked or placed wholly or partly within any state highway, for the purpose of selling the same or of selling therefrom or therein any…
   • § 731.5 Section 731 does not apply to a coin-activated or credit card-activated telephone available for public use shared and maintained within any bus passenger…
   • § 732 Any person who wilfully injures, defaces, breaks down or removes any monument or stake placed, erected or used by the department to designate any point in the…
   • § 732.5 Survey monuments shall be preserved, referenced, or replaced pursuant to Section 8771 of the Business and Professions Code.
   • § 733 All money recovered under the provisions of this chapter shall be paid into any fund which is available to the department for highway purposes and is…
   • § 734 The procedure provided in this article is not exclusive and shall not prohibit the department from exercising any other remedy provided by law to prevent…
5. ARTICLE 4. Protection of Beds of Mapped Highways §§ 740–742 · 14 sections

   • § 740 As used in this article: “Mapped highway” means a highway which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the exact…
   • § 740.2 Whenever the department has laid out and surveyed a proposed state highway in any county or city it shall prepare a map of such highway sufficient to show the…
   • § 740.4 The department shall transmit a copy of such map insofar as it relates to the land within a county to the planning commission of the county. The planning…
   • § 740.5 The department shall transmit a copy of such map, insofar as it relates to the land within a city, to the planning commission of the city or, if the city has…
   • § 740.6 A copy of the precised plan shall be filed with the agency of the county charged with the duty of issuing building permits for buildings in unincorporated…
   • § 740.8 No person shall hereafter erect any building or structure, other than a temporary structure costing less than five hundred dollars ($500) without a permit to…
   • § 741 Prior to issuing a building permit the officer whose function is to issue such permits shall examine the precised plan and if he finds that the building or…
   • § 741.2 Any person aggrieved by the refusal of a building permit under this article may request a hearing on the matter by an appeals board. Except as hereinafter…
   • § 741.4 The appeals board shall grant the permit if any of the following are true: (a) That the property of which the mapped highway location is a part is of such…
   • § 741.6 The appeals board shall not grant the permit if any of the following are true: (a) That the owner of the land will not be substantially damaged by locating the…
   • § 741.7 Nothing in this article shall be deemed a condition precedent to the acquisition of rights of way by purchase or by proceedings in eminent domain.
   • § 741.8 Nothing in this article shall be construed to restrict the right of any person to seek declaratory relief pursuant to Section 1060 of the Code of Civil…
   • § 741.9 The assessor, in assessing any property affected by the provisions of this article, shall take into consideration any impairment of the use of the property…
   • § 742 If any provision of this article, or the application thereof to any person, or circumstance, is held invalid, the remainder of this article, and the…
6. ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities §§ 745–759.3 · 20 sections

   • § 745 The Legislature hereby finds and declares that: (a) The establishment, use, and maintenance of junkyards in areas adjacent to any interstate or primary highway…
   • § 746 As used in this article: (a) “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, junked, dismantled or wrecked…
   • § 746.1 “Nonconforming junkyard” means either of the following: (a) A junkyard lawfully in existence on October 6, 1966, but which does not conform to the requirements…
   • § 746.2 Nonconforming junkyards may continue in existence as long as they are not extended, enlarged, or changed in use, and are otherwise lawfully maintained. If the…
   • § 746.3 An illegal junkyard is one which is either: (a) Established or is maintained in violation of this article and does not come within the definition of a…
   • § 747 Except as hereafter provided, no junkyard shall be established, operated, or maintained if any portion of the junkyard is within 1,000 feet of the nearest edge…
   • § 747.1 Sanitary landfills need not be screened to satisfy the requirements of this article but landscaping shall be required when the fill has been completed and…
   • § 748 (a) Any nonconforming junkyard, as soon as the maximum federal share under Section 136 of Title 23, United States Code, is available for that purpose, shall be…
   • § 749 The department may also screen any junkyards located within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway and located…
   • § 751 The department is authorized to acquire such interests in real and personal property as may be necessary to effect the screening, recycling, relocation,…
   • § 751.1 The Legislature hereby declares that the acquisition of interests in real and personal property to effect the screening, relocation, removal, or disposal of…
   • § 752 If federal law should be interpreted as requiring the states to pay just compensation with regard to the relocation, removal, or disposal of junkyards, just…
   • § 753 The commission is authorized to allocate funds from the State Highway Account in the State Transportation Fund for all of the following purposes: (a) Costs of…
   • § 754 Any junkyard which is established or maintained in violation of the provisions of this article or the regulations prescribed thereunder is a public nuisance…
   • § 755 The director may screen, relocate, remove or dispose of any illegal junkyard after 30 days’ written notice posted on such property and a copy forwarded by mail…
   • § 756 Every illegal junkyard is a public nuisance and every person, as principal, agent or employee, violating any of the provisions of this article or the…
   • § 757 The remedies provided in this article for the removal of junkyards are cumulative and not exclusive of any other remedies provided by law.
   • § 758 The director may enter into agreements with the Secretary of Transportation of the United States and accept any allotment of funds as provided by Section 136…
   • § 759 The director shall prescribe and enforce regulations governing the establishment, screening, relocation, removal, or disposal of junkyards as provided in this…
   • § 759.3 It is declared to be the intent of the Legislature in enacting this article to establish minimum standards with respect to the regulation of outdoor junkyards.…