Broadband Permitting Guide

Calaveras County has created this guide to aid internet service providers (ISPs) navigate the permitting process when building broadband infrastructure. We expect grant funding to result in large projects needing special attention to complete construction by mandated deadlines. The guide will lead you through the application process and provide information on state and County policies and statutes.

Table of contents

  • Applying for encroachment permits
  • CEQA exemptions for broadband infrastructure (see below)
  • Blanket Utility Encroachment Permit
  • Trenching requirements

Step 1: Prepare to Apply for Encroachment Permits

11 April 2025

Step 1: Prepare to Apply for Encroachment Permits

In the example below, we’ll examine how to prepare a fiber project application to ensure a smooth application process.

It’s incredibly beneficial to have detailed information before starting an application. This does not require having something as final as completed plot plans. Instead, take this opportunity to gather the information that will make a kickoff meeting most productive and help Public Works provide helpful guidance, including:
 

  • The proportions of the project that will involve different types of installations. An example might include 3.7 miles of directional boring, 7.8 miles of trenching, and 13.2 miles of aerial (pole) installation.
     
  • A breakdown of each road segment with linear footage will help us to alert you if any segments fall under the County’s Dig Once policy.
     
  • Will trenching be in the middle of the road vs. on the shoulder?
     
  • Maps of the project could be as simple as a boundary of the affected area(s), but providing high-level designs with road segments will allow the engineers on your project to provide more specific feedback. GIS files can also be helpful.
     
  • Trenching or aerial diagrams that meet County requirements.
     
  • Your strategy for traffic plans, including following CalTrans standards for partial closures or providing detour plans for road closures that require public notice.
     
  • Your strategy for permitting outside of the County rights of way. For example, if your project crosses a state freeway or federally-owned roads, you may also need permits from CalTrans or the U.S. Forest Service.
     
  • Calaveras County Building Department (CCBD) holds jurisdiction over the structural and electrical components of fiber to structures. If the structure is to be installed on private property or within a utility easement, the scope of work would indicate which utility is proposing the construction. 
     
  • If a fiber hut is constructed within a County or CalTrans Right of Way (ROW) or easement, CCBD may have jurisdiction. Additionally, if PG&E requires a green tag for the electrical panel before activating power to the fiber hut/structure, this would fall within CCBD’s oversight. Please visit the CCBD Permit Portal.
     
  • Your strategy for environmental mitigation, including:
     
    • If you plan on applying for a CEQA exemption (see below) from the state. Please note that a CEQA exemption does not eliminate NEPA requirements.
       
    • If you expect to have a stormwater pollution prevention plan (SWPPP) from the Regional Water Quality Control Board to build in rainy weather.

Step 2: CEQA Exemption

11 April 2025

Step 2: CEQA Exemption

The state enacted AB 156 in 2022, which provided a statutory exemption to CEQA requirements. The full text of CEQA statutes can be found in the 2023 CEQA Statues and Guidelines, and the state also provides a Notice of Exemption form. The relevant statute is 21080.51:

(a) This division does not apply to a project funded by Item 7502-062-8506 of the Budget Act of 2021 or any entity, including a public entity or private or nonprofit corporation, that consists of linear broadband deployment in a right-of-way if the project meets all of the following conditions:

 

  1. The project is located in an area identified by the Public Utilities Commission as a component of the statewide open-access middle-mile broadband network pursuant to Section 11549.54 of the Government Code.  
  2. The project is constructed along, or within 30-feet of, the right-of-way of any public road or highway.  
  3. The project is either deployed underground, where the surface area is restored to a condition existing before the project, or placed aerially along an existing utility pole right-of-way.  
  4. The project incorporates, as a condition of project approval, measures developed by the Public Utilities Commission or the Department of Transportation to address potential environmental impacts. At a minimum, the project shall be required to include monitors during construction activities and measures to avoid or address impacts on cultural and biological resources.  
  5. The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the planning department of a city or county as part of a local agency permit process, that are required to mitigate potential impacts of the proposed project, and to comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.

(b) If a project meets all of the requirements of subdivision (a), the person undertaking the project shall do all of the following:

 

  1. Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority, of the exemption of the project pursuant to this section.  
  2. Provide notice to the public in the area affected by the project in a manner consistent with subdivision (b) of Section 21108.  
  3. In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property.  
  4. Comply with all conditions authorized by law imposed by the planning department of the county as part of any local agency permit process that is required to mitigate potential impacts of the proposed project and otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) of the fish and game.

Step 3: Request a Kickoff Meeting

11 April 2025

Step 3: Request a Kickoff Meeting

This meeting will provide an opportunity to discuss your project before expending substantial effort on the application. Some tips to make it go smoothly:

 

  • Request a meeting by calling the Permit Concierge at  209-754-6742. 
     
  • Share the information above a few weeks before the meeting so that it can be reviewed in advance.
     
  • Come prepared with any questions about the application and review process (timing based on project size, etc.)
     
  • Ask if a primary point of contact can be identified for the permit application. This is not always possible, but it can be helpful and streamline exchanges when modifications to an application are needed.