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Encroachments

Last updated Jun. 22, 2016 - 8:16 pm

Property owners must obtain approval to encroach on the public right-of-way for private uses such as landscaping, structures, tables and seating. The encroachment review process ensures the health and safety of the public and protects against damage to the streetscape, trees and vegetation, sidewalks and other public amenities.

Encroachments are defined as major or minor.

Major encroachments are permanent structures for private use on public right-of-way in any part of the City. Examples include landscaping and cable and data transmission lines. City Council reviews and approves major encroachments following staff reviews.

Minor encroachments are temporary items for private use on public right-of-way. Examples include outdoor dining tables, awnings and street vending carts. Minor encroachments are permitted in these areas: Downtown Overlay District, Glenwood South Business Districts, North Person Street Business District, Peace Street Business District and sections of Hillsborough Street. Requests for minor encroachments are reviewed and approved City staff.

Prerequisites

None

Approvals or Permits Issued

  • Zoning permits for minor encroachments
  • Encroachment agreements for major encroachments (This is a City Council approval only, not a permit)

Submittal Requirements

TypeDescription
Major Encroachments

Deliver submittal package to One Exchange Plaza, 1 Exchange Plaza, Suite 304, Raleigh, N.C. 27601.

The submittal package must include:

  • Five copies of Major Encroachment Application
  • Five sets of the Major Encroachment Resolution 1996-153, signed and dated
  • Five sets of detailed engineering plans with a copy of the completed application and resolution stapled to each. Plans must show locations of existing trees, fences and walls as well as items to be placed in the right-of-way. If the encroachment involves excavation, plans must show the location of existing utilities
  • One entire submittal package in .pdf format. All images must be 8.5-by-11 and must be black and white. This .pdf may be submitted by email to encroachment@raleighnc.gov or delivered on a CD with the submittal package
  • $100 processing fee
Minor Encroachments

Deliver submittal package to One Exchange Plaza, 1 Exchange Plaza, Suite 504, Raleigh, N.C. 27601. If the encroachment involves awnings or signs, deliver submittal package to One Exchange Plaza, 1 Exchange Plaza, Suite 404, Raleigh, N.C. 27601.

The package must include:

  • Minor Encroachment Application
  • Indemnity Agreement releasing the City of Raleigh from liability for damages incurred by clients using the public right-of-way
  • Certificate of Liability Insurance. Applicant must have $1 million in liability insurance, with the City of Raleigh named as the certificate holder
  • Scaled drawing showing the proposed placement of items in the right-of-way
Required for Some Projects
  • Certificate of Appropriateness for some encroachments if site is in a historic district
  • If the encroachment involves excavation, please show the location of existing utilities for the area of the encroachment

Expected Processing Time

  • Six (6) weeks for major encroachments
  • Approximately two (2) business days for minor encroachments

Fees

Major Encroachments:

  • $100 processing fee due with the submittal package
  • $70 Administrative fee due upon receipt of encroachment agreement
  • $0.48 Annual fee per linear foot for transmission devices due upon receipt of encroachment agreement
  • 3.09% License fee per gross revenues on fiber optic cable due upon receipt of encroachment agreement
  • Payment types accepted are cash, MasterCard, Visa or check made payable to: City of Raleigh.

Minor Encroachments:

Next Steps

When an encroachment has been approved by City Council it must be submitted for plan review and permitting through the Development Services Customer Service Center.

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