HomeMy Public PortalAbout11%20-%20California%20State%20Fire%20Marshall%20Information%20Bulletin%20%2303-001%20Encroachments%20Into%20Or%20On%20Pipeline%20Easements California State Fire Marshal Pipeline Safety Division
INFORMATION BULLETIN
#03-001
Date Issued: June 20,2003
SUBJECT: ENCROACHMENTS INTO OR ON PIPELINE EASEMENTS
The purpose of this informational bulletin is to delineate the position of the State Fire Marshal regarding
encroachments onto the pipeline easements.
Section 51014.6 of the California Government Code states,"(a)Effective January 1, 1987,no person,
other than the pipeline operator,shall do any of the following with respect to any pipeline easement: (1)
Build, erect, or create a structure or improvement within the pipeline easement or permit the building,
erection,or creation thereof. (2)Build, erect,or create a structure,fence, wall,or obstruction adjacent to
any pipeline easement which would prevent complete and unimpaired surface access to the easement, or
permit the building,erection, or creation thereof. (b)No shrubbery or shielding shall be installed on the
pipeline easement which would impair aerial observation of the pipeline easement. This subdivision does
not prevent the revegetation of any landscape disturbed within a pipeline easement as a result of
construction the pipeline and does not prevent the holder of the underlying fee interest or the holder's
tenant from planting and harvesting seasonal agricultural crops on a pipeline easement. (c)This section
does not prohibit a pipeline operator from performing any necessary activities within a pipeline easement,
including,but not limited to,the construction,replacement,relocation,repair,or operation of the pipeline.
It is the position of the State Fire Marshal that nothing shall encroach into or upon the pipeline easement,
which would impede the pipeline operator from complete and unobstructed surface access along the
pipeline right of way. Nor shall there be any obstructions, which would shield the pipeline right of way
from observation. In the interest of public safety and the protection of the environment, it is imperative that
the pipeline operator visually assesses the conditions along the easement to ensure the integrity of the
pipeline.
It is the responsibility of the pipeline operator to ensure they have unimpeded surface access and to be able
to physically observe all portions of their pipeline rights of way. In cases where this is not possible,the
pipeline operator shall inform the State Fire Marshal. The State Fire Marshal shall in conjunction with the
pipeline operator resolve the issue.
Questions regarding the issue of pipeline encroachment can be addressed to:
Bob Gorham,Chief
Cal Fire/State Fire Marshal
Pipeline Safety Division
3950 Paramount Blvd. Suite 210
Lakewood, CA 90712
(562)497-9100
(562)497-9104(fax)
bob.gorham@fire.ca.gov