STREET CUTS

Memphis Code of Ordinances tit. 12, ch. 12-8

in effect

Memphis Code of Ordinances § 12-8-1 Permit required.

Sec. 12-8-1. - Permit required. It is unlawful for any public or private utility, individual, or city or county department to cut or dig into or open any pit or trench, or to grade or excavate any pavement, gutter, sidewalk, lawn strip, neutral strip or any other portion of any city rights-of-way or easement, or for any railroad company having tracks upon, along or across any city rights-of-way or easement to repair such tracks or any of the appurtenances thereto, or for any pole company having pole lines upon the rights-of-way or easement or any company having conduits, mains or pipes under the surface of the rights-of-way or easement, to do any work in connection therewith by which any parts of any surface of a city right-of-way or easement is to be cut or disturbed, without having first obtained from the city engineer a permit to do such work. A copy of the permit shall be posted as the site of the work and be maintained until the work has been inspected and approved by the city engineer or his or her representative. (Code 1967, § 36-38; Code 1985, § 34-51; Ord. No. 3047, § 1(3), 8-12-1980; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-8-2 Records relative to permits.

Sec. 12-8-2. - Records relative to permits. A. The city engineer shall provide in his or her office a well-bound book so designed as to form a record of applications for permits to make openings in the pavements, sidewalks, gutters, lawn strips, neutral strips and other portions of the streets and all other thoroughfares and a history by inspection of such opening during the period of construction and maintenance hereinafter provided for. This book shall show the serial number of the application, name of applicant, the street number at the point where the opening is to be made, or in the absence of a number, the distance to the nearest intersecting street shall be given, and the distance from the curb or from the property line, the kind of surface to be cut, the character of foundation, the size of opening to be made, the number of the permit, the completion date and the date that the maintenance period expires during which time the utility responsible shall maintain such street cut. B. The caption of each page of the book shall be such that the applicant agrees, in applying for a permit, to carefully observe the provisions of this chapter and to save the city harmless from any claim for damages by reason of the cut or opening in the surface of the thoroughfare. C. This book shall be a public record and shall be kept open for inspection by interested persons during office hours. (Code 1967, § 36-39; Code 1985, § 34-52; Ord. No. 1061, § 1, 9-28-1971)

Memphis Code of Ordinances § 12-8-3 Work to be performed diligently—Expiration of permit if work not begun in 90 days.

Sec. 12-8-3. - Work to be performed diligently—Expiration of permit if work not begun in 90 days. The holder of a permit required by this chapter shall perform the work provided for therein with due regard to the public convenience and safety and as expeditiously as possible. Such permits shall expire automatically thereunder unless the work is begun within 90 days after its issuance. Any permit not used within 90 days shall be returned for cancellation or renewal. (Code 1967, § 36-40; Code 1985, § 34-53)

Memphis Code of Ordinances § 12-8-4 Intersections to be kept open.

Sec. 12-8-4. - Intersections to be kept open. All intersections shall be kept open to vehicular and pedestrian traffic at all times by persons performing work authorized by permit issued under this chapter. (Code 1967, § 36-41; Code 1985, § 34-54)

Memphis Code of Ordinances § 12-8-5 Warnings to be displayed.

Sec. 12-8-5. - Warnings to be displayed. Barricades, lights and signs shall be provided and erected to adequately direct traffic and protect the public from the construction site. Signs shall be provided indicating who is in responsible charge of work being done pursuant to a permit issued under this chapter. (Code 1967, § 36-42; Code 1985, § 34-55)

Memphis Code of Ordinances § 12-8-6 Refilling of trench.

Sec. 12-8-6. - Refilling of trench. The holder of a permit under this chapter shall, as soon as practicable after finishing the work causing such opening, carefully refill the trench and properly fill the same according to specifications on file in the office of the city engineer. (Code 1967, § 36-43; Code 1985, § 34-56)

Memphis Code of Ordinances § 12-8-7 Notice when opening is repaired and ready for traffic.

Sec. 12-8-7. - Notice when opening is repaired and ready for traffic. Immediately upon completing the tamping, filling and properly paving the permitted opening, the utility who made such opening shall notify the city engineer's office in writing that the opening has been properly repaired and opened for traffic, stating the number of the permit and location of the opening. (Code 1967, § 36-44; Code 1985, § 34-57; Ord. No. 1061, § 1, 9-28-1971)

Memphis Code of Ordinances § 12-8-8 Liability of permit holder for damages.

Sec. 12-8-8. - Liability of permit holder for damages. The permit holder, while making the repairs, shall use every precaution required as to barricades, lights and devices for the safety of the public. This section shall not relieve the holder of the permit from responsibilities for accidents, should any occur. It shall be distinctly understood, and the application and permit shall state, that all permit holders making openings shall hold the city and its employees harmless from all damages which may be recovered by reason of injuries received to persons or property on account of such openings. (Code 1967, § 36-45; Code 1985, § 34-58; Ord. No. 1061, § 1, 9-28-1971; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-8-9 Standards of workmanship for repairing surfaces.

Sec. 12-8-9. - Standards of workmanship for repairing surfaces. A. All work of repairing surfaces which have been cut or opened shall be done in accordance with the specifications and standards of workmanship of the city engineer and shall be inspected by the city engineer. B. Should any cut or trench not be refilled in accordance with this chapter, the city engineer may cause such opening to again be excavated and refilled to his or her satisfaction at the expense of the permit holder. C. The permit holder shall be responsible for total street failure, including changes in sub-base and supporting area, resulting from a water main breakage or from a sewer line breakage that was directly caused by a previous excavation of the permit holder. (Code 1967, § 36-46; Code 1985, § 34-59; Ord. No. 1061, § 1, 9-28-1971; Ord. No. 3590, § 1(2), 9-2-1986; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-8-10 Period for which repairs must be maintained—Costs of permits.

Sec. 12-8-10. - Period for which repairs must be maintained—Costs of permits. A. Surfaces shall be kept in repair by the permit holder responsible for one year from the date of the notice of completion by the permit holder. B. The city engineer shall cause bills for proper cost of all permits, covering the city's administrative, inspection or other expense, to be sent to all indebted individuals at the end of each month after all work on the opening is complete and the exact number of square yards of street opening is determined. The cost of each permit shall be on a linear foot basis, and determined by the city engineer, and such costs shall be reviewed annually. C. Should they fail to make settlement for same within 30 days, the accounts shall be placed in the hands of the city attorney for collection. The city engineer shall send a copy of each bill to the city comptroller. (Code 1967, § 36-47; Code 1985, § 34-60; Ord. No. 1061, § 1, 9-28-1971; Ord. No. 4196, § 1, 8-24-1993)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12-8STCUFetched: 10/28/2026