Right-of-way encroachment agreements required for new & existing encroachments, application fees waived through June

Monday, June 17, 2019 - 1:14pm

A new Town of Wake Forest policy requires anyone who has installed or plans to install something in the Town’s right-of-way to submit an encroachment application.

Designed to ensure there is no adverse impact to public safety or future roadway or utility installations, the policy requires residential and commercial developers and installers in the Town’s right-of-way to submit a right-of-way encroachment application before beginning work. It also requires developers, residents and businesses to submit applications for existing encroachments – both major and minor.

Major encroachments include, but are not limited to, hardscape (pavers, fences, retaining walls); streetscape (benches, bike racks); landscaping (planting, irrigation); and utilities (stormwater devices, wells, grease traps, meter repair). Minor encroachments may include outdoor merchandise; street furniture (movable); and awnings.

Generally, the right-of-way is the strip of land the Town maintains and owns which includes the public road, sidewalk and utility corridor. While there are exceptions, the right-of-way generally extends past the sidewalk one foot toward the building or home.

The Town is waiving encroachment application fees through the end of June. Beginning July 1, the minor encroachment fee will be $25, while the major encroachment fee will be $50.

To complete the major encroachment application, developers and installers will need insurance, drawings and applicable permits. Minor encroachment applications will require an application and drawings, but no insurance. Approved applications must be on file with the Wake County Register of Deeds.

Again, encroachment agreements are required for all new and existing encroachments. If an encroachment agreement is not obtained, the encroachment is subject to removal.

For more information, and to access the major and minor encroachment applications, visit www.wakeforestnc.gov/public-works/right-way-encroachments or contact Public Works Assistant Director Allison Snyder at 919-435-9585 or asnyder@wakeforestnc.gov.