Right-of-Way Encroachment Agreements

Overview

Anyone wanting to construct or install items within the public right-of-way (ROW) must obtain approval from CDOT (city-maintained streets) or NCDOT (state-maintained streets). Each request to encroach into the ROW is considered on a case-by-case basis to ensure that there is no adverse impact on public safety or future roadway construction needs. Additionally, all items must be in conformance with the City's Zoning Ordinance, Sign Ordinance, and other applicable ordinances. Should CDOT agree to allow the construction or installation of private facilities within the ROW of a city street, then an Encroachment Agreement is necessary. An Encroachment Agreement is a legal document that defines the responsibilities for installation, liability, and maintenance. The Encroachment Agreement is not a building permit. The holder of an Encroachment Agreement is responsible for securing all necessary construction/building permits.

CDOT executes a General Encroachment Agreement for the following types of construction:

• Decorative pavers for walkways and streets

• Decorative signs and / or signposts

• Decorative lighting

• Awnings

• Building foundation footings

• Monitoring wells

• Irrigation

Process & Cost

The City's review process takes approximately 2-3 months.

A non-refundable application fee in the amount of $4,925 is due prior to any official guidance or comments from CDOT. If this a single-family residential lot, the application fee is $1,200.

To apply for a permit, visit our Cityworks Application Portal, and select “Encroachment” as the Permit Application Type.

Encroachment Agreement Requirements

• A letter of request with all contact information for the project applicant and a full description of the project.

• Two (2) executed, original, encroachment agreements (including notary)

• Page three (3) of the agreement must have a corporate seal affixed unless the company is an LLC or LP.

• Liability insurance certificate with the City of Charlotte designated as the named insured in the amount of $1,000,000, or as determined.

• One (1) set of scaled drawings (prepared at 1"=20', 30' or 40' on 8-1/2" x 11" media) showing detailed Plan and Elevation drawings of the existing conditions and the proposed encroaching item including: R/W lines, signs, trees, curb, gutter, sidewalk, poles, pavement edges, utilities, and vicinity map.

• Detail of the item(s) to be placed within the right-of-way.

• Narrative detailing the installation procedure and plan notes as necessary.