Right of Way Permits

Process Description:
This is a process for issuing Residential & Commercial Right-of-Way permits as needed in correlation with construction projects that affect Driveways, Sidewalks, Street Cuts and Street Closings (with or without parking). Issuing a proper permit package is a multi-departmental effort.

Right of Way plan elements for temporary street/sidewalk closures associated with Commercial projects must include the following:

• location of the building on the sitelocation of the sidewalk
• location of on-street parking
• direction of travel lanes
• description of same improvements 100 feet to either side of the site
• location of eight (8) foot chain link fence
• location of covered sidewalk and details of construction in accordance with the NC State Building Code, Chapter 33
• location of barricades
• location of traffic merge cones
• location of businesses affected by barricades and/or fences
• estimated timeframe for project

To communicate with ROW plan reviewers for each trade simultaneously, please send email correspondence to: ROW@raleighnc.gov

See below contact list for individual Right of Way related issues.

Inspections Department (Plan Review):

Permit Application and Bond Form for Stub, Driveway Cut and Street Cut permits

• Cornelia Stallings (919) 996-2435; Fax (919) 516-2689

Sidewalk and Construction Safeguard Plan Review (Volume 1 Chapter 33)

• Willis Stancil (919) 516-2187
• Richard Mallow (919) 516-2176

Public Works Department (Transportation Division):

Construction Temporary Street Closure

• Terry Phinizy (919) 996-4035
• William Price (919) 996-4043

Parking Lanes

• Sherry Beville (919) 996-3030

Driveways

• Kenneth Ritchie (919) 516-2518

Department of City Planning (Urban Design Center):

• Carter Pettibone (919) 807-8482

Fire Department (Apparatus Access):

• Lee Lovic (919) 516-2182
• Timothy Henshaw (919) 524-6041

The Inspections Department manages the below types of project reviews for Right of Way and Bonding permit issuance. These projects include new installation and repair/replacement of existing structures. Chapter 33 of the NC State Building Code regulates construction site safeguards, barrier design requirements such as covered walkways, protection of adjoining property, temporary use of streets/alleys and public property. To open specific chapters of the code, click on the folder icon for the section you wish to read. Contact either Willis Stancil at (919) 516-2187or Richard Mallow at (919) 516-2176 located at One Exchange Plaza, Suite 400 Raleigh, NC for questions as they relate to the following:

• Stub Permits
• Driveway Permits (Includes installation of new driveways and repair of existing driveways)
• Street Cut Permits
• Sidewalk Closures
• Street Pedestrian Crossings
• Retaining Walls
• Construction Site Safeguards for Pedestrians in work zones
• Covered walkways
• Construction Fencing
• Barricade Enforcement
• Handicap Site Accessibility
• Ramps
• Signage

The Public Works Department manages the below types of project reviews and permit issuance. These processes often require a Right of Way permit in addition to the Street Closure permit. If this is the case, you will be directed by staff to obtain the Right of Way permit with the Inspections Department.

• Temporary Street Closure Permits (involving parking lanes) - Contact Sherry Beville at (919) 996-3030 located at Raleigh Municipal Building 222 W. Hargett Street, 4th Floor, Raleigh, NC. Most projects requiring parking lane closure for less than four (4) weeks does not require City Council approval. If expected project duration requires parking lane closure to extend beyond four (4) weeks, please allow 6-8 weeks for City Council approval and processing. The specifics of each project may determine when City Council approval is needed.
• Temporary Street Closure Permits (not involving parking lanes) - Contact Terry Phinizy or William Price at (919) 996-4043 located at Raleigh Municipal Building 222 W. Hargett Street, 4th Floor, Raleigh, NC. Street closures that do not involve parking lanes are approved administratively by staff and do not require City Council approval
• Driveways - Contact Kenneth Ritchie at (919) 516-2518 located at One Exchange Plaza, Suite 304, Raleigh NC. Site and plot plans are reviewed for the following plan elements: driveway locations and quantities, thoroughfare conflicts, parking lot layout, dumpster operation and placement, traffic signing/striping and control devices, vehicular stacking space areas, parking structures and internal traffic circulation details. For more information, please reference the Driveway Cuts process

When a new driveway is being installed connecting to any Raleigh street, the plan must be approved by the Public Works Department - Engineering Inspections Division. The Right of Way permit is the permit authorizing the driveway installation but the connection to the city street must also be approved by the Engineering Inspections Division. New driveways connecting to state maintained roads are reviewed and permitted directly by the NC Department of Transportation. It is preferable to have the DOT permit in hand prior to City of Raleigh plan review.

The Parks and Recreation Department has jurisdiction over trees growing in the city right of way including trees on streets, greenways, in city parks and other property owned or controlled by the city. This includes plan review, inspection, monitoring and enforcement associated with tree planting and maintenance.

Tree Impact Permit

A Tree Impact Permit is required for activities impacting trees existing on the city right of way and/or city owned or controlled property. This includes but is not limited to removal, pruning, trenching, boring, excavating, filling, fertilizing, treating for disease or insects, installing decorations and planting.

Standards for planting and maintaining trees on property owned or controlled by the City of Raleigh. Contact the Urban Forester 919-996-4115 Trees@raleighnc.gov

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

Are there any prerequisites to this process?

• Contractor information (contractor license, contact information, etc.) must be complete, current and valid in the City of Raleigh Contractor file. Contact the Development Services Customer Service Center at (919) 516-2495 to confirm the accuracy of all required data
• Contractor must have a City of Raleigh Business License, if work is being done within the Raleigh City Limits
• Contractor must have proof of Workers Compensation, if applicable
• City of Raleigh Certificate of Eligibility
• Performance Bond (Obtained from applicant's insurance company)
• Certificate of Insurance naming City of Raleigh as the certificate holder (Obtained from applicant's insurance company)
• Right of Way plans must be reviewed and approved prior to the issuance of Commercial building permit packages
• Right of Way plans must be reviewed and approved prior to scheduling an Express date
• City Council approval is required for commercial projects that require the closing of a traffic or parking lane for more than 30 days. Please allow time for this approval process

How do I start the process?
Complete a City of Raleigh Permit Application and submit it to the City of Raleigh Development Services Customer Service Center located at One Exchange Plaza, Suite 400, Raleigh NC.

What do I need to submit to the City?

SUBMITTAL PACKAGE
Required for Submittal	City of Raleigh Permit Application - Complete the Right of Way section Four (4) sets of 11 X 14 Right of Way plans for commercial projects that encroach into the City Right of Way Contractor Bond Form
Required for Some Submittals	Application for Work on Public Way - Street Cut Form (This form is required only when Street Cuts are required in the ROW) Driveway cuts only - See Driveway Cuts process

Where can I find additional information?

• ROW vs Street Cut Permits (Which one should you apply for?)
• Accommodating Pedestrians in Work Zones - Type III Barricades Brochure
• Chapter 33 of the NC State Building Code
• Public Right of Way Guidelines
• ADA Guidelines
• NC One Call
• 2003 Edition of the MUTCD with Revision
• 2003 Edition Rev. 1 Change List

Where do I submit my application?

For Commercial Project Right of Way plans:

What are the keys to success?

• Ensure above prerequisites are met
• Communicate with staff to determine when it is necessary to obtain a Right of Way permit in addition to street and lane closure permits

What fees are involved and when do I pay them?

• Right of Way Permit is a minimum permit fee
• A Street Cut Permit, only when required
• See Development Fee Schedule for current rates

How long will this process take?

• Right of Way permits can be processed in approximately 15-30 minutes, if client chooses to stay and wait for them
• Applications may also be dropped off for processing and picked up at a later date
• Right of Way permits associated with Commercial Building projects must be submitted either in advance of the building plans or as part of the Building Plans Submittal Package
• Right of Way permits associated with an Express project must be reviewed and approved prior to scheduling an Express date