Encroachments

Process Description:
Encroachment approval is a process by which private property owners, firms, or corporations request to use the public right-of-way (i.e. landscaping, structures, tables, chairs, etc.) for a private purpose. This review process is intended to ensure the health and safety of the public as well as protect against potential damage to the streetscape, trees and vegetation, sidewalks, streets, and other publicly-owned amenities. There are two types of encroachment requests - Major and Minor as defined below.

Major Encroachments - Private uses of public property in most parts of the City, such as subdivision signs in the right-of-way, cable or data transmission lines, private landscaping in the public right-of-way, signs overhanging the public right-of-way, awnings extending over property lines, etc. These requests must be reviewed and approved by the City Council after a staff review process. The entire process takes approximately six (6) weeks.

Minor Encroachments - Private uses of public property in any of these areas: Downtown Overlay District, Glenwood South Business Districts, North Person Street Business District and Peace Street Business District. Standards for this type of encroachment are outlined in the Comprehensive Plan. Minor encroachment requests are reviewed and approved by the Downtown Permits Office located at One Exchange Plaza Suite 400, Raleigh NC the same day as requested.

See the City of Raleigh Development Services Glossary for any unfamiliar terms.

How do I start the process?

• Major Encroachments - Prepare submittal package as described below. Deliver the complete submittal package to the Development Services Customer Service Center located at One Exchange Plaza Suite 400, Raleigh NC. Submittal package will be processed by the Public Works Department, Transportation Services Division
• Minor Encroachments - Complete a Minor Encroachment Application (doc) (pdf) and submit to the Downtown Permits Office staff located at One Exchange Plaza Suite 400, Raleigh NC

What do I need to submit to the City?

MAJOR ENCROACHMENTS SUBMITTAL PACKAGE

Required for Submittal

Major Encroachment Application (doc) (pdf) Resolution 1996-153 signed and dated Ten (10) sets of detailed engineering plans with a copy of the completed application and resolution stapled to each Provide one extra set of plans in .pdf format (no need to provide an extra copy of the application and resolution with this copy). Do not submit individual pages. There are no size restrictions. This .pdf copy can be submitted electronically via email to: encroachment@raleighnc.gov or delivered on a cd with the full submittal package to the Development Services Customer Service Center located at One Exchange Plaza Suite 400 Fee payment(s) - see fee information below

MINOR ENCROACHMENTS SUBMITTAL PACKAGE

Required for Submittal

Minor Encroachment Application (doc) (pdf) City of Raleigh Business License Indemnity Agreement (releasing the City of Raleigh from any law suits for damages incurred by clients using the Public Right of Ways). Certificate of Liability Insurance (Client must have $1,000,000 in Liability Insurance with the City of Raleigh named as the certificate holder). Fee payment (Fees are determined by type of encroachment). Note: Depending upon the type of Minor Encroachment request, there may be other documentation required. For complete details of your specific encroachment request, please refer to the Comprehensive Plan.

What additional documents may be needed?

• Comprehensive Plan
  
• Right of Way permits
  

Where can I find detailed information regarding submittals?

Major Encroachments -

• Encroachment Resolution 1996-153

Minor Encroachments -

• Please refer to the Comprehensive Plan
• Standard for Private Use of Public Spaces

Where do I submit my application?

Major Encroachments -

Minor Encroachments -

Office:	City of Raleigh
Department:	Planning & Development
Division:	Zoning - Downtown Permits Office
Contact:	Martha Lobo - Private Use of Public Spaces (919) 278-6209
Contact:	Jocelyn Cochrane - signs & awnings (919) 516-2546
Address:	One Exchange Plaza, Suite 304, Raleigh, NC 27601
Adjacent to:	219 Fayetteville Street
Phone #:	(919) 278-6209 or (919) 516-2546
Hours:	8:00 a.m. to 4:45 p.m.

What are the keys to success?

• Obtain all other applicable permits as required for specific project (i.e. Building, Electrical, etc.)
• Show the location of existing trees
• Show fences, walls, furniture and other items to be placed in the right of way
• If the encroachment involves excavation, please show the location of existing utilities for the area of encroachment

What fees are involved and when do I pay them?

Major Encroachments -

• $100.00 non-refundable application processing fee is due with the submittal package at the beginning of the process
• $70.00 administrative fee will be collected upon receipt of the encroachment agreement
• Annual fee of $0.48 per linear foot (transmission devices only) payable when client picks up approved encroachment agreement
• A license fee of 3.09% of gross revenues will be assessed on fiber optic cable payable when client picks up approved encroachment agreement)
• Payment types accepted are cash, MasterCard, Visa or check made payable to: City of Raleigh
• All encroachment fees are processed by the Development Services Customer Service Center cashiers located at One Exchange Plaza, Suite 400 Raleigh, NC

Minor Encroachments -

• Some Minor Encroachment fees are due one time only and some are due annually as determined by the type of encroachment. Please refer to the Comprehensive Plan
• Fee is due at the end of the process before permit is issued
• Payment types accepted are cash, MasterCard, Visa or check made payable to: City of Raleigh
• All encroachment fees are processed by the Development Services Customer Service Center cashiers located at One Exchange Plaza, Suite 400, Raleigh, NC

Note: If multiple types of Minor Encroachments are being requested in one submittal package, the fee will be assessed only once and not for each encroachment type. If you are requesting more than one encroachment type, please contact Martha Lobo in the Downtown Permits Office at (919) 278-6209 to confirm fee requirements.

How long will this process take?

• Major Encroachments - approximately six (6) weeks; Refer to Encroachment Committee Calendar for City Council meeting dates
• Minor Encroachments - same day as requested