What is subject to the Street Damage Restoration Fee (SDRF)?
The Street Damage Restoration Fee is applicable to any excavation work on asphalt concrete streets subject to a permit such as an A-Permit, B-Permit, Excavation E-Permit, Excavation U-Permit and Sewer S-Permit. The SDRF fee will not apply to the removal and replacement of curb, gutter, parkway, sidewalk and/or driveway. The District Office can be consulted for further clarification.
What is the new Street Damage Restoration Fee (SDRF)?
The SDRF is set at $8.24 per square foot for Local Streets and $19.44 per square foot (sq.ft.) for Select Streets, and applies to an area that equals the length and width of the excavation cut plus 5 feet on all sides of the excavation. The 5-foot extension area for a cut in asphalt is applicable even if it extends into gutter, curb, sidewalk and/or parkway, due to the fee assessment option adopted by City Council. Excavation cuts in the parkway that are within 5 feet of the street section will not pay an SDRF fee for the extended area.
Will the Street Damage Restoration Fee (SDRF) be applicable to A-Permits?
Whenever an excavation is made in the street, SDRF will apply. The District Office can be consulted for further clarification.
Will the Street Damage Restoration Fee (SDRF) be applicable to B-Permits?
Whenever an excavation is made in the street, SDRF will apply. In B-Permits, this will be in situations where a sewer and/or storm drain line is being installed without street work being done in the immediate vicinity. The SDRF fee will not apply to the removal and replacement of curb and gutter, and it will also not apply to street widening/narrowing projects that are part of a B-Permit. The District Office can be consulted for further clarification. If an entity is performing an excavation and proposing to pave entire block curb face to curb face and/or intersection containing such cuts and/or excavations, the excavation will be exempt from the SDRF.
Will the Street Damage Restoration Fee (SDRF) be applicable to Excavation E-Permits, Excavation U-Permits and Sewer S-Permits?
Whenever an excavation is made in the street, SDRF will apply. This would be applicable to most excavations involving E-Permits and/or U-Permits. In S-Permits, this will be in situations where a sewer line is being installed without street work being done in the immediate vicinity and the SDRF fee will not apply to the removal and replacement of curb and gutter. The District Office can be consulted for further clarification.
When is the new Street Damage Restoration Fee (SDRF) effective?
The new SDRF became effective December 6, 2018.
What are the limits of the street to which Street Damage Restoration Fee (SDRF) applies?
The SDRF applies to the limits of excavation cuts on an asphalt concrete street extending to the edges (typically at gutter edges).
What is a Select Street?
In terms of the new Street Damage Restoration Fee, a Select Street is a street designated by the Bureau of Street Services as a street requiring a thicker pavement design to accommodate greater traffic loads. The Bureau of Street Services shall maintain a public record of its street designations. This street designation is visible via NavigateLA’s Street Centerlines Report, listed under Class as SE.
What is a Local Street?
In terms of the new Street Damage Restoration Fee, a Local Street shall be a street not designated as a Select Street. The Bureau of Street Services shall maintain a public record of its street designations. This street designation is visible via NavigateLA’s Street Centerlines Report, listed under Class as LO.
Does the age of the street affect the new Street Damage Restoration Fee (SDRF)?
No, the new SDRF is not relative to the age of the street.
Does the new Street Damage Restoration Fee (SDRF) apply to excavation work on a concrete street?
Full slab replacement is required in lieu of paying the SDRF for any excavation on a concrete street. A slab may be defined as the area of concrete surrounded by a joint (i.e. construction/expansion joint, etc.). In the event a concrete street does not consist of slabs but a large(r) concrete panel, the District Office can be consulted for further clarification.
Are there any exemptions from payment of the Street Damage Restoration Fee (SDRF)?
Yes, there are two exemptions to the SDRF:
- Any excavation in a street scheduled for resurfacing under the City’s Annual Street Renewal Plan within the one year prior to the scheduled resurfacing is exempt from the SDRF.
- Exemption for excavation made up to 23 months prior to scheduled resurfacing may be granted after further consideration. The following must be provided at the time of request for consideration:
- Complete review of the City’s Five-Year Street Renewal Plan and one-year Annual Street Renewal Plan prepared by the Director of the Bureau of Street Services (BSS) prior to applying for an excavation permit
- Prepare and submit to the BSS a five-year street excavation plan and a one-year street excavation plan, in a form acceptable to the Bureau, prior to applying for an excavation permit. Such plans must include the following:
- The location of the applicant’s existing facilities in any City street, alley, sidewalk or other public place; and,
- A description of all of the applicant’s planned excavation work in any City street, alley, sidewalk or other public place.
- To continue to qualify for the SDRF exemption:
- Submit annually, by April 15 of each year following the submission of the initial five-year street excavation plan and one-year street excavation plan, a revised and updated five-year street excavation plan and one-year street excavation plan; and,
- All excavations in any Local Street or any Select Street must be shown on the applicant’s one-year street excavation plan, and must take place within 23 months prior to City’s planned resurfacing or rehabilitation projects as shown in the City’s Five-Year Street Renewal Plan and one-year Annual Street Renewal Plan.
Can I excavate anytime within one year following the resurfacing of the street?
Yes. However, in lieu of paying the SDRF, permittee must repave the entire street block from curb face to curb face (typically referred to as the One-Year Street Moratorium).
Are there any exceptions to the One-Year Street Moratorium?
Yes, there are two exemptions to the One-Year Street Moratorium:
- Exceptions may be made when it can be sufficiently demonstrated to the Director of the Bureau of Street Services (BSS) that the City’s 30-day notice of a scheduled street resurfacing project was not mailed to the correct property owner of record at the time of notification, and the property owner made significant efforts to promptly notify BSS of any planned street excavations.
- Exceptions may be made on Emergency Work. Emergency Work is defined under LAMC 62.61 as immediate and unplanned action that must be taken to alleviate a hazardous condition, which represents an immediate threat to life, health, safety, or property. This includes continuous efforts to effect the restoration of interrupted utility services (electrical, water, gas, wastewater and telecommunications). Bureau of Engineering’s Special Order SO06-0807, Step 4, prescribes the requirements on Street Damage Restoration Fee and right-of-way restoration for Emergency Work during the One-Year Street Moratorium.
Will the Street Damage Restoration Fee (SDRF) be increased or decreased in the future?
The Board of Public Works (Board) will calculate an adjusted SDRF annually on July 1, in accordance with the California Department of Transportation Price Index for Selected Highway Construction Items. The proposed revised SDRF is effective upon its adoption by resolution approved by the Board following a public hearing.
Do I have to pay a Slurry Seal Damage Restoration Fee (SSDRF)?
The SSDRF was discontinued on December 6, 2018.
What is the transition policy for existing applications? Do the new fees apply to an application that has been submitted but permit is not yet issued?
As of December 6, 2018 the new SDRF calculator (based on Ordinance No.185818) has been available online. Before December 6, 2018 the old calculator (based on previous ordinance) had been online and has since been discontinued. Staff will continue to calculate the SDRF under normal business time using the calculator available at the time of review. If an application was submitted before December 6, 2018 and the SDRF had been calculated before (uploaded as an attachment with Documentation to the Project file), the SDRF will be grandfathered in through March 31, 2019. If the application was submitted before December 6, 2018 and the SDRF had not been calculated (uploaded as an attachment with documentation to the Project file), the new SDRF calculator shall apply, please see exceptions granted on a case-by-case basis per item no.’s 20 through 23 in this document to grandfather-in prior SDRF rates. BOE will require calculation of SDRF rates per the new ordinance for all U-Permit applications that had not been issued by March 31, 2019, notwithstanding prior exemptions.
When is the Street Damage Restoration Fee (SDRF) collected?
In the interim, the SDRF collection will take place via monthly billing, except for those user accounts that have billing restrictions. BOE won’t require collection of SDRF amounts above $5,000 but can collect payment over-the-counter prior to permit issuance until a revised payment collection policy is determined.
Does the Street Damage Restoration Fee (SDRF) apply to alleys?
If the Alley does not have a centerline shown on the geocoding module, it means that it does not have a section ID and in this case we should not charge an SDRF. The Utility Agency may select “Alley (No Centerline)” under the Surface Type selection within the geocoding module in the Online U-Permit Applications System and that should waive the associated fees automatically.
My U-Permit Application was submitted prior to December 6th, 2018. Would it be subject to the prior SDRF Ordinance?
If the U-Permit application was submitted prior to December 6th, 2018 within more than half of the allotted time frame for plancheck review by a BOE planchecker, and there were no changes to the excavation alignment, the prior SDRF rate may apply. The allotted time frame for plan check review varies based upon excavation size (small, medium, and large cuts); small cuts are less than 100sq.ft., medium cuts are greater than or equal to 100sq.ft. and less than 1000sq.ft., and large cuts are greater than or equal to 1000sq.ft. If the U-Permit application was submitted prior to December 6th, 2018 and there were changes to the excavation alignment which were submitted to BOE on December 6th, 2018 or later the new SDRF rate may apply. BOE requests that the applicant geocode the permit cuts using the geocoding module available within the Online U-Permit Application System and notify the BOE District Office when complete. When applicable, BOE will then manually override the SDRF to the prior SDRF & SSDRF rate per the applicable Ordinance. BOE may request additional documentation regarding permit cut Alignment Square-Footage per Street to ensure the SDRF & SSDRF is captured correctly per the applicable Ordinance.
What if the LADWP had collected the SDRF/SSDRF for a U-Permit Application prior to December 6th, 2018, but had not yet applied for the U-Permit from BOE?
In discussions with the Mayor's Office, those SDRF/SSDRF rates will be grandfathered-in if the fee was collected prior to December 6th, 2018, since the LADWP had collected fees on behalf of the City. Further discussions regarding LADWP’s collection of SDRF fees are forthcoming.
Can the Utility Agency request the applicant to pay the SDRF directly to BOE prior to U-Permit issuance?
Yes, the Utility agency can request the applicant visit a BOE District Office to pay the SDRF directly. The Utility agency must first enable the function “BOE to Collect SDRF/SSDRF before issuing permit” when initially applying for the U-Permit Application. Additionally, the Utility agency could include the following language at the top of the Work Description in the Online U-Permit Application System “BOE to Collect SDRF prior to Permit Issuance.” The acceptance of SDRF payment is typically the last step prior to permit issuance, all corrections requested by BOE that may impact excavation alignment should be reconciled prior to avoid corrections to the requested SDRF. BOE staff should upload a copy of the paid receipt to the U-Permit Application Project file for records.
What should be included in my payment to BOE for the SDRF?
Please include the summation of the following fees, which can be found using the Online U-Permit Application System, when making a payment to BOE’s District Offices for SDRF: