What Is a Right-of-Way? | BuildPermitGuide Glossary

Right-of-Way (ROW): A legally defined strip of land owned or controlled by a government entity for the purpose of transportation infrastructure (roads, sidewalks, bike lanes) and utilities, within which private construction is generally prohibited without explicit authorization.

What the Right-of-Way Includes

The right-of-way typically extends from the edge of the road pavement (or curb) to a line some distance into what looks like private property. The ROW often includes the sidewalk, planting strip (the grass or landscaped area between sidewalk and curb), and a buffer area. The property line is typically at the back of the ROW, not at the edge of the road or sidewalk.

This means the "front yard" of many properties actually includes several feet of city-owned ROW. Homeowners maintain this area but do not own it and cannot build permanent structures within it.

What You Can and Cannot Build in the ROW

Permanent structures — fences, walls, sheds, additions — cannot be built within the ROW without a formal encroachment permit or agreement from the government agency that controls it. In some cities, low plantings and certain landscape elements are allowed in the ROW by permit. Driveways crossing the ROW to access a garage typically require a curb cut permit from the city.

Finding Your Property's ROW

The right-of-way width is typically defined in the street's easement documents and shown on a property survey. Your city's public works department or planning department can tell you the ROW width for streets adjacent to your property. When planning a front yard fence or structure near the street, always verify the ROW line before designing the project.

ROW and Permit Applications

Building permit site plans require identification of the ROW line. Permits will not be approved for structures that encroach into the ROW without an encroachment agreement. Any work within the ROW itself — repairing a sidewalk, installing a new curb cut — requires a separate permit from the public works or transportation department, not the building department.

Frequently Asked Questions

Often yes. The ROW typically extends from the road to your property line, including the sidewalk and planting strip. The actual property line is at the back of the ROW. Your property survey will show the property line — the area between the property line and the curb is often in the ROW.

The strip between the curb and sidewalk (called the tree belt, planting strip, or devil strip) is typically in the public right-of-way. You generally cannot install a permanent fence there without an encroachment permit. Low plantings and grass are often allowed by ordinance.

Homeowners are typically responsible for maintaining the ROW area in front of their property — keeping it mowed, clearing snow from sidewalks — even though the city owns it. The city is responsible for the infrastructure within the ROW (street, sidewalk, utilities).