In the spring many homeowners start undertaking landscaping projects in their yards.
But it's important to keep in mind the activities you do in the road right-of-way.
What is the road right-of-way?
The road right-of-way is the piece of land on either side of a public road. The area is used by the Road Commission to ensure the safety of drivers and improve the road. It is also utilized by townships and the parks department to place non-motorized paths and sidewalks. It is used to place utilities, such as telephone and
cable lines.
Maintaining the right-of-way is the responsibility of the Road Commission to make sure that anything placed there, or any work done there is not going to be hazardous to drivers.
The size of the right-of-way can vary. However, a typical right-of-way is 66’ wide
(33’ from the centerline on each side of the road). Please keep in mind that as this is not always the case. Homeowners are encouraged to verify the right-of-way on their property before doing any work.
What can, or can’t I do in the right-of-way?
To ensure the safety of the public, the Road Commission is mandated by law to be the caretakers of the right-of-way. The law also states that any work performed in the road right-of-way requires a permit from the Road Commission to keep the road safe for public travel.
Objects placed in the right-of-way can become a hazard and make it difficult to improve the road, pathway, or utility installations in the right-of-way.
Some examples of the types of work that require a permit are:
- Adding or improving a driveway approach.
- Adding, improving, or maintaining a public or private utility.
- Adding or improving a sidewalk or non-motorized path.
- Adding storm water to or improving a roadside drainage system.
- Surveying and other engineering operations.
- Placing a banner, decoration, or similar object.
- Grading or excavation, landscaping, tree planting, tree trimming or tree removal.
- Any construction activity that impacts storm water runoff into or around county road right-of-way.
- Permanent landscaping objects, such as fencing, are not generally allowed in the right-of-way and can be removed by the Road Commission if they are placed without a permit.
Mailboxes are always allowed in the road right-of-way, without a permit, if they
conform with the specifications from the Road Commission and the US Postal
Service.
This spring, when you are planning to do lawn work and landscaping improvements, know where the right-of-way is and obtain a permit if necessary from the Road Commission.
By doing this you can help the Road Commission in maintaining the right-of-way
and keeping the roads safe for drivers.
Please contact the Ottawa County Road Commission if you have any questions regarding right-of-way work.
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