Section 671.5 Of Article 2. Permit Provisions From California Streets And Highways Code >> Division 1. >> Chapter 3. >> Article 2.
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 application, as determined by the
department. An application for an encroachment permit is complete
when all other statutory requirements, including the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), have been complied with. The
department's failure to notify the applicant within that 60-day
period that the permit is denied shall be deemed to constitute
approval of the permit. Thereafter, upon notifying the department,
the applicant may act in accordance with its permit application, as
if the permit had been approved.
(b) If the department denies an application for an encroachment
permit, it shall, at the time of notifying the applicant of the
denial, furnish to the applicant a detailed explanation of the reason
for the denial.
(c) The department shall adopt regulations prescribing procedures
for an applicant to appeal to the director for a final determination
of the department's denial of an application. The appeal shall be
made in writing to the director. There shall be a final written
determination by the director within 60 calendar days after receipt
of the applicant's written appeal. The adopted regulations shall
require the appellant to pay to the department a fee of not more than
50 percent of the estimated administrative cost to the department of
conducting the appeal.
(d) Nothing in this section precludes an applicant and the
department from mutually agreeing to an extension of any time limit
provided by this section.