# San Diego's Updated Street Preservation Ordinance: What It Means for Sewer Laterals

> San Diego's updated Street Preservation Ordinance took effect January 1, 2024. Here is what its shorter moratoriums, 180-day rule and fee mean for laterals.

URL: https://sandiegoswiftsewerlinerepair.com/blog/san-diego-street-preservation-ordinance-sewer-laterals/

News

The City's rules for digging into paved streets changed on January 1, 2024. Moratoriums got shorter, a completion deadline and a street fee arrived, and owners whose lateral runs under the street feel each one.

Last Updated: October 27, 2026

On January 1, 2024, the City of San Diego’s updated Street Preservation Ordinance (San Diego Municipal Code sections 62.1101 to 62.1219) took effect, changing the rules for anyone who cuts into a City street. That includes owners whose sewer lateral needs work under the pavement. [San Diego Swift Sewer Line Repair](https://sandiegoswiftsewerlinerepair.com/) handles lateral repairs in the City and nearby San Diego County, and street rules are often the part of a quote owners understand least.

Why does a street ordinance land on a homeowner? Because in the City of San Diego the lateral belongs to the property owner all the way to its connection at the City main, and that connection usually sits under the street. When the section beyond the property line fails, the owner pays to open the street, and the ordinance sets the terms. Our guide on [who is responsible for the sewer lateral](https://sandiegoswiftsewerlinerepair.com/guide/who-is-responsible-for-the-sewer-lateral-in-san-diego/) explains that ownership line.

Key takeaways

- Moratoriums now run 3 years after an asphalt overlay (was 5) and 1 year after a slurry seal (was 3).
- A moratorium street can still be opened, but only with an approved waiver, form DS-350.
- Most trenching and restoration must be finished within 180 days.
- A Street Damage Fee applies, waived when the full width of the lane is resurfaced.

## What changed on January 1, 2024?

Four things. Moratoriums on digging into newly treated streets got shorter, from five years to three after an asphalt overlay and from three years to one after a slurry seal. Most trenching and restoration must now be finished within 180 days. And a Street Damage Fee applies, with a waiver for full-lane resurfacing.

| Rule | Before the update | From January 1, 2024 |
| --- | --- | --- |
| Moratorium after an asphalt overlay | 5 years | 3 years |
| Moratorium after a slurry seal | 3 years | 1 year |
| Completion of trenching and restoration | No 180-day rule described | Most work within 180 days |
| Street Damage Fee | Not described | Applies; waived for full-lane resurfacing |

For lateral owners, the shorter moratoriums are mostly good news: a street that got a slurry seal two years ago no longer needs a waiver to open. The fee and the deadline cut the other way, because they make street restoration a bigger, firmer part of the scope.

## What is an excavation moratorium?

It is a period after the City resurfaces a street during which that street can’t be dug into without special approval. A 2016 City memo defines a moratorium section as the new pavement from intersection to intersection and curb to curb. The point is to protect a fresh surface, since every trench patch is a seam in pavement that was laid as one piece.

## Can a lateral be repaired under a moratorium street?

Yes, but the waiver comes first. Excavating a moratorium street needs an approved Excavation Moratorium Waiver under SDMC 62.1207, using form DS-350, before the right-of-way work proceeds. Restoration on a moratorium street can mean resurfacing curb to curb, which is a different scale of job from patching a trench.

That makes the waiver part of the schedule, not paperwork to file later. The City sources we rely on don’t describe a separate fast track for urgent repairs, so if a lateral under a moratorium street has failed outright, ask Development Services how the waiver applies to that situation before assuming either way. Our [permit guide](https://sandiegoswiftsewerlinerepair.com/guide/do-you-need-a-permit-for-sewer-line-replacement-in-san-diego/) covers the other permits that come with street work.

## How do the Street Damage Fee and its waiver work?

The fee applies to street excavations under the updated ordinance. A City Engineer memo dated July 2, 2024 says it is waived when the excavator resurfaces the full width of the impacted lane, or restores curb to curb on a moratorium street. The amount isn’t stated in the sources we use, so ask for it in writing as part of the quote.

The waiver sets up a real trade-off. A narrow trench patch plus the fee, or a full-lane repave and no fee: which costs less depends on the street’s width, the trench location and the pavement type. A quote that includes street work should say which path it assumes. Our guide to [sewer line replacement cost](https://sandiegoswiftsewerlinerepair.com/guide/sewer-line-replacement-cost/) shows where restoration sits among the other costs.

## The 180-day completion rule

Most trenching and restoration must now be finished within 180 days. For a single lateral that’s usually comfortable, but it does mean a temporary patch can’t be left in place indefinitely while a permanent resurfacing waits. The schedule has to include the right-of-way inspection after the trench is dug and before the connection, the final inspection, and resurfacing to San Diego Regional Standard Drawing SDG-107 for asphalt or SDG-108 for concrete.

## Why trenchless options matter more on a protected street

If the street section of the lateral is continuous and holds its shape, [sewer pipe lining](https://sandiegoswiftsewerlinerepair.com/sewer-pipe-lining/) from the cleanout can sometimes renew it without opening the pavement at all, which sidesteps the moratorium question. But a liner doesn’t fix a collapsed section, a badly offset joint or a sag, and a failing connection at the main may still need excavation at the street. [Pipe bursting](https://sandiegoswiftsewerlinerepair.com/pipe-bursting/) needs a pit at each end, and one may fall in the roadway. Our guide on whether [trenchless sewer repair is worth it](https://sandiegoswiftsewerlinerepair.com/guide/is-trenchless-sewer-repair-worth-it/) weighs those trade-offs, and the [trenchless sewer repair](https://sandiegoswiftsewerlinerepair.com/trenchless-sewer-repair/) page explains each method.

One older rule works alongside the ordinance: under SDMC 64.0402, where a lateral already serves a lot and the street has been paved, that lateral must be reused unless the City grants an exception. Replacements generally reconnect at the existing point rather than cutting a new connection into the main.

## The other street costs still apply

The ordinance adds to, rather than replaces, the City’s usual right-of-way requirements. Those include a Right-of-Way Permit with a construction plan, a $1,412.54 inspection fee per sewer lateral under DSD Information Bulletin 502, traffic control plan review from $353.13, and a traffic control permit of $131.52 per block for up to three weeks under Bulletin 177. City crews no longer install laterals, so street work goes to a Class A licensed contractor. Our page on [street sewer lateral repair](https://sandiegoswiftsewerlinerepair.com/street-sewer-lateral-repair/) covers the work itself, and [how deep a sewer line is](https://sandiegoswiftsewerlinerepair.com/guide/how-deep-is-a-sewer-line/) explains why the street end is often the deepest part of the dig.

## What to do if your street was just resurfaced

Start with footage. A [sewer camera inspection](https://sandiegoswiftsewerlinerepair.com/sewer-camera-inspection/) shows whether the problem is on your side of the property line, in which case the ordinance doesn’t apply, or under the street. If it is under the street, find out when the street was last treated and whether a moratorium is in force before the scope is written. Get an estimate with the address and any footage you have, or call, and the street rules will be part of the plan from the start.

## Questions about this post

### How soon after a San Diego street is resurfaced can it be dug up for a sewer lateral?

Under the Street Preservation Ordinance as updated on January 1, 2024, the excavation moratorium runs three years after an asphalt overlay and one year after a slurry seal. Inside that window the street can still be opened, but only with an approved Excavation Moratorium Waiver, form DS-350.

### What is the Street Damage Fee, and can it be avoided?

It is a fee the updated ordinance applies to street excavations. A City Engineer memo says it is waived when the excavator resurfaces the full width of the impacted lane, or restores the street curb to curb on a moratorium street. Whether paying the fee or repaving costs less depends on the street.

### Does the Street Preservation Ordinance cover sewer work on my own lot?

No. It governs excavation in City streets. Work on the private side of the property line follows the plumbing permit rules instead. The ordinance matters only when the failing part of the lateral, or its connection to the main, sits under the pavement.

## Keep reading

- Decision Guide [Do You Need a Permit for Sewer Line Replacement in San Diego?](https://sandiegoswiftsewerlinerepair.com/guide/do-you-need-a-permit-for-sewer-line-replacement-in-san-diego/)Yes, almost always. Which permit depends on where the work sits: the private yard, a historic district, the street, a manhole, a freshly paved block or a wet trench. Here is each case with the City's own fees.
- Decision Guide [Who Is Responsible for the Sewer Lateral in San Diego?](https://sandiegoswiftsewerlinerepair.com/guide/who-is-responsible-for-the-sewer-lateral-in-san-diego/)The City's rules in detail: when it will touch the street section, when it bills you anyway, how easement laterals work, how to claim for a main backup, and what changes in Poway, Escondido, Lemon Grove and the County.
- Learn [How Deep Is a Sewer Line in San Diego?](https://sandiegoswiftsewerlinerepair.com/guide/how-deep-is-a-sewer-line/)Shallow near the house, deeper at the street, deepest where it meets the main. What City standards say about lateral depth, and what each foot of it does to a repair.
- Decision Guide [Is Trenchless Sewer Repair Worth It?](https://sandiegoswiftsewerlinerepair.com/guide/is-trenchless-sewer-repair-worth-it/)Trenchless pays off when the expensive part of a job is what sits on top of the pipe. It is the wrong buy when the pipe has lost its grade, has collapsed in many places, or lies shallow under nothing but lawn.
- Cost Guide [How Much Does Sewer Line Replacement Cost in San Diego?](https://sandiegoswiftsewerlinerepair.com/guide/sewer-line-replacement-cost/)Ranges by method, the City's own fees for the street, and what moves a San Diego lateral job from the low end to the high end.