The department, when issuing an encroachment permit, shall specify a starting date in which work or use under the encroachment permit shall commence and shall specify a completion date in which all work under the encroachment permit shall be completed in compliance with all conditions of approval.

If a delay occurs in beginning, prosecuting, or completing work under an issued encroachment permit and such condition is due to negligence or lack of diligence of the owner and/or permittee, the department may cancel and revoke the encroachment permit and shall either restore the right-of-way to its original condition or shall perform all work proposed under the issued encroachment permit using funding made available through security posted by the permittee and/or owner.

Any issued encroachment permit shall become null and void if work is not commenced within 90 days from the date of issuance. The time limits of an issued encroachment permit may be extended by the director upon receipt of a written statement by the owner and/or permittee stating the reasons why an extension of time is being requested and the specific amount of time being requested. The director in extending the original time limits of an issued encroachment permit may require additional security or additional inspections to ensure compliance with this title. Any issued encroachment permit shall expire and become null and void 12 months after the date of issuances. Thereafter, the department shall either issue a new encroachment permit, restore the right-of-way to its original condition or complete the encroachment using security posted by the owner and/or permittee. (Formerly 35.15)