Right-of-Way
Updated 1/13/23
Rights-of-Ways: What they are, What to expect, Water & Sewer In City Rights-of-Way
What is it? A right-of-way (ROW) allows local and state governments to construct and maintain roads and sidewalks to facilitate pedestrian and vehicular movement. ROWs are also used by the utility companies (Gas, Electric, Water, Sewer, Cable, Fiber Optic etc.), to install and maintain utilities.
The ROW property is owned by the government, similar to the way a property owner owns the property for a home. Like a private home, all of the rights and privileges for the use of the ROW vest in the government. Often a plat or survey will show the property line up to the ROW owned by the government. (Note: An exception to this is when the ROW is a permanent easement. In this case, the government has permanent and perpetual access to the property in the easement, but the property owner still retains legal ownership to the entirety of the parcel. There is little practical difference between these two types of ROWs. The distinction is a legal one.)
Where is it? There is no universal rule or measurement to locate the ROW. In most cases, ROWs are deeded to the local government when a developer creates a subdivision plat and records it as a Final Plat. The ROW is shown in an Exhibit to a closing deed when a house is purchased, with iron pins indicating the property corner/ROW boundary.
Developments are created differently, and during construction road pavement may not be centered in the ROW and may fluctuate in width. The width of ROWs varies depending on road classification, ranging from 40-foot to 120-foot. It is not accurate to describe a ROW as being a set distance from the edge of the road.
ROW Use by DeKalb County Water and Sewer Running under and through virtually every street in the City of Brookhaven are potable water (water) and sanitary sewer (sewer) assets owned and operated by the DeKalb County Department of Watershed Management (DWM). Click here to learn more about DWM's Water and Sewer System in Brookhaven.
Encroachments into the Rights-of-way
Local and State Governments control and manage encroachments within the rights-of-way by a permitting process. Any encroachments or installations not permitted by the local and state governments are considered illegal and are subject to removal at the owner’s expense. Unauthorized encroachments impede the rights-of-way management, and create traffic safety issues and delays during City infrastructure or utility installation.
What is permitted:
- One standard driveway per lot (second driveway shall go through City Encroachment application process).
- One United States Postal Service standard mailbox (USPS standard mailbox can be found in the link below)
https://www.usps.com/welcome.htm
What Encroachments considered illegal:
- Irrigation water lines and irrigation heads
- Wall and Fences
- Trees and Shrubs planted for screening purpose (such trees and shrubs shall be planted within private property). If a site distance issue is created by such trees or shrubs, owners will be requested to remove such encroachments entirely from City rights-of-way.
- Ornamental structures. Owners will be required to remove such structures during any City or Utility projects.
- Any permanent Signs. These signs will be removed and disposed by the City during any improvement projects.
- Roof drains directly discharging into the pavement or sidewalk. These concentrated discharges create safety hazard for pedestrians and vehicles. These drains shall discharge into a grasses private yard and slowly flow into a public system.
Notifications for work in rights-of-ways: Although the City of Brookhaven believes that communication with its residents is paramount, it should be pointed out that there is no legal notification requirement for government or utility work that occurs within the ROWs. As it pertains to Brookhaven’s practice of notification for work in a ROW, the notification depends upon what type of work is occurring.
1. Work that the City does not perform: This includes various utility work, such as electric, gas, phone, cable, fiber, water, sewer, etc. This work requires a permit from the City, but the work is scheduled and performed by other entities. The City of Brookhaven does not handle any notifications on these activities, but usually the utilities will contact homeowners if their work has a direct impact on homeowners.
2. Work that the City controls: In Brookhaven, this is limited to roads, sidewalks and stormwater infrastructure, as Brookhaven is responsible for the entire construction process for these activities on City-controlled areas. Almost all the work is performed by contractors hired by the City. The exception is state-maintained highways where all construction and ROW activity is controlled by GDOT, (i.e. Buford Highway, Peachtree Road, etc.)
When Brookhaven is undertaking a road, sidewalk or stormwater project, we make every attempt to notify impacted property owners as much in advance as reasonably possible to manage expectations of the construction process. This allows residents to make necessary arrangements for unintended encroachments into the ROW (and soon to be construction area). This includes the removal of cars, trees, other shrubs or plants, and irrigation lines, among others.
Brookhaven utilizes several methods for notification, including:
· Direct mail from the City
· Personal meetings with residents, and/or
· Door hangers or flyers distributed by contractors.
· Postings in City social media accounts
Brookhaven strives to be responsive to its residents and provide the information needed so homeowners can plan accordingly.
For information about current paving projects, click here
For information about current sidewalk projects, click here
For information about current stormwater projects, click here
For information about ROW maintenance responsibilities, click here
