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Encroachments

Major and Minor Encroachments in the public right-of-way

Last updated Dec. 08, 2018 - 8:08 pm

The encroachment process is available for customers that request the placement structures or assets, propose building components, or temporary items in the right-of-way of the City of Raleigh, which encompasses roads, sidewalks, and shoulders.

Encroachments on NCDOT Roads - Any major encroachment on NCDOT roads in Raleigh's jurisdiction must first be approved through the NCDOT District Engineers Office, located at 4005 District Dr., Raleigh, NC 27607. Once NCDOT has granted encroachment approval, customers must apply for all permits for construction, and street, lane and sidewalk closures in Raleigh’s jurisdiction.

Major Encroachments

Major Encroachments are permanent assets or structures that are installed in the road, sidewalk, or shoulder in any part of the City of Raleigh and its jurisdiction. Major encroachments require City Council approval, following staff review. Permits for the installation are required after Council approval.

Staff recognizes that there is an increased amount of construction occurring in the public right-of-way. In an effort to identify major issues prior to design and drawing finalization, we offer an encroachment pre-submittal prior to official plan submittal. This is not a requirement, unless it is a proposed small cell tower. The encroachment pre-submittal is intended provides guidance and is not an official plan review.

  • Drawings and any support information must be sent to Encroachment@raleighnc.gov.
  • You may submit an iMAPS drawing or a sketched plan of any proposed encroachment location
  • All proposed small cell towers and their infrastructure must be reviewed prior to official submittal
  • Any proposed cell towers require coordinates (x,y or lat/long)
  • Clients may review an Encroachment Checklist for guidance

Major Encroachment Submittal Requirements

TypeDescription
Major Encroachments Submittal Package

A submittal package consisting of the following items must be sent to Encroachment@raleighnc.gov.

If submitting in person, submit complete encroachment package to:

City of Raleigh, Development Services

Attention: Encroachment Program

One Exchange Plaza, Suite 500

Raleigh, NC 27601

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

After the approval of a submitted encroachment request by City Council, the customer must provide 3 copies of the Encroachment Agreement executed properly to:

Development Services

Attention - Encroachment Program
1 Exchange Plaza, Suite 504
Raleigh, NC 27601

or

Development Services

Attention - Encroachment Program
P.O. Box 590
Raleigh, NC 27602

Permits for the installation must be applied for through the various processes after the agreement has been executed with the City. Please see the Development Service Guide for the submittal processes.

Major Encroachment Calendar

Major encroachment calendar

Minor Encroachment - Private Use of Public Spaces

The Downtown PUPS regulations were first adopted by the City Council in 2007 and amended once in 2008. The current regulations apply to specific Downtown limits only. Citywide outdoor seating and pushcart vending ordinances have been adopted and those supersede PUPS regulations for those uses citywide. Information for submittals can be found on the Private Use of Public Spaces page.

For additional information please contact the City Planning Department at 919-996-2682.

Minor Encroachment - Signs

Signage that encroaches into the right-of-way requires a Minor Encroachment approval if it is located over or on the public right-of-way, and not permanently affixed to the sidewalk or street. For any sign approval, please see the Sign page.

TypeDescription
Minor Encroachment Submittal Package for Signage over the right-of-way

Deliver submittal package to:

City of Raleigh, Development Services

Attention: Encroachment Program

One Exchange Plaza, Suite 500

Raleigh, NC 27601

The package must include:

  • Minor Encroachment Application;
  • Permit Application (Zoning, Sign, Electrical, and Right-of-Way permits may be applicable); permit applications are located at the top of the Forms Directory in the "Most Popular Selections" box.
  • Scaled drawing showing the proposed placement of items in the right-of-way;
  • Three images of drawings: (to include)
    • One copy to have the Landlord Signature of Approval on it.
    • Dimensions
    • Distance from bottom of sign to the sidewalk (if projecting) 9’ minimum
    • Distance from the wall to sign (if projecting) 5’ maximum
    • Distance from front door to sign (if A-Frame) 5’
    • Send documentation on how the projecting/blade sign will be installed. (ladder, truck, etc.)
  • 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;
  • A Certificate of Appropriateness is required to be approved and submitted with the submittal package, if the encroachment is in a historic district;
  • The general liability policy must include the endorsement CG 20 13 11 85
If a right-of-way permit is issued for any work occurring on the right-of-way, the contractor must provide a bond of $5,000.00. Please see the Right-of-Way Services page;

Minor Encroachment - Lawn Irrigation

A Lawn Irrigation Encroachment is necessary for any private residence that wishes to install an irrigation system that will encroach in the public right-of-way between the sidewalk or road and the property line. Any commercial business that requests installation of irrigation components in the right-of-way will follow the Major Encroachment process. This process does not permit any landscaping in the right-of-way. Please review the Major Encroachment process if any landscaping is proposed.

TypeDescription
Submittal Package for Lawn Irrigation Agreements

Deliver submittal package to:

City of Raleigh, Development Services

Attention: Encroachment Program

One Exchange Plaza, Suite 500

Raleigh, NC 27601

The package must include:

  • Lawn Irrigation Agreement (Three Copies with original signatures)
  • Scaled drawing showing the proposed placement of items in the right-of-way
  • Certificate of Liability Insurance. Applicant must have $500,000.00 in liability insurance, with the City of Raleigh named as the certificate holder
  • $284.00 processing fee

Minor Encroachment - Pole Banners

Pole Banner Displays promote events or activities in areas throughout the City. The message must represent or promote a cultural or community activity of the general public’s interest or a special event.

Banners shall not be used for political parties, issues, or candidates, or to advertise or promote any type of service or sale for any commercial business. Please review the Encroachment Checklist for guidance.

TypeDescription
Submittal Package for Pole Banners

An initial submittal package must be delivered to:

City of Raleigh, Development Services

Attention: Encroachment Program

One Exchange Plaza, Suite 500

Raleigh, NC 27601

Any request thereafter shall be submitted electronically to encroachment@raleighnc.gov for review during the calendar year.


The initial submittal package must include:

  • Pole Banner Application completed and signed;
  • Application Fee - $300.00 (must be renewed yearly);
  • Maintenance Security in form of Revolving Bond, Escrow, or Letter of Credit - $700.00;
  • Location of poles and map of Business Improvement District with verification from City Planning Department;
  • Signed maintenance agreement between organization and installation company;
  • Approval letter from utility pole owner for installation on the pole(s);
  • Approval letter from NCDOT for banner(s) installed on a State maintained road;
  • Right-of-Way Performance Bond ($5,000.00 max.);
  • General Liability Insurance ($300,000.00)

The Banner package must be submitted at least ten business days prior to placement must include:

  • Electronic copy of the banner (design must meet the specifications outlined on the check list for encroachments), submit to encroachment@raleighnc.gov;
  • Pole location for new banner placement

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