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For the purpose of this title, the following words and/or phrases are defined and shall have the meanings ascribed to them:

“Applicant” means any person, firm, company, corporation, association, public agency or organization making written applications to the Department of Public Works for an encroachment permit.

“Board” means the Sierra County Board of Supervisors.

“County highway” means all or any part of right-of-way; whether owned in fee; by easement; by conveyance on a subdivision map; or by prescription of a county-owned or maintained highway, street, road, alley, path, or property including the space over it and the ground under it whether or not such entire area is actually used for highway purposes. “Highway” also includes any highway, street or road included with the maintained county highway system as provided in the Cal. Sts. & High. Code § 2121.

“Department” means the Sierra County Department of Public Works and its authorized officials.

“Director” means the Sierra County Director of Public Works, Road Commissioner or Director of Transportation.

“Encroachment” means any use or action with respect to a county highway or county property for which a permit is required by this title, including but not limited to any tower, pole, pole-line, pipe, pipeline, transmission line, driveway, road, fence, sign, embankment, cut, fill, billboard, stand, building, tree, lighting, monument, debris, abandoned and/or inoperable vehicle, or any structure, object, or use of any kind or character not particularly identified or mentioned in this section which is caused or placed in, on, under or over any portion of a county highway or county property, or which may obstruct, hinder, or in any way affect maintenance or use of or travel on a county highway or county property. Encroachment also includes traveling on the right-of-way of any county highway by any vehicle or combination of vehicles or object of dimension, weight, or other characteristic prohibited by law.

“Excavation” means the filling, removal or moving of any earth, rock, pavement, concrete or other materials atop, on, or under any portion of right-of-way of any county highway.

“Obstruction” means any use, structure or object of any kind or character which is placed atop, on, under or over any portion of the right-of-way of any county highway.

“Permittee” means any person, firm, company, corporation, association, public agency or organization that proposes to do work or encroach on a right-of-way of a county highway and has been issued a valid encroachment permit by the department. Any and all obligations, responsibilities, conditions, and other requirements of the permittee as identified and described in this title shall be binding on the permittee, any authorized agent, and subsequent joiners of the encroachment.

“Right-of-way” means all of the area between the boundaries of a highway, road, street, alley or path as defined by the instruments creating, or conveying such highway, road, street, alley or path, and with respect to county highways created by use or by prescription, the county highway shall include all of the area used for highway purposes, including the road bed and surface from the highway centerline to the top of any cut and to the toe of any slope, or 10 feet from the edge of the traveled way, whichever is farther on both sides of the road, all including any shoulders, drainage ditches, fixtures, and road appurtenances. (Formerly 35.02)