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 to 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.
Requests to install the following items in the ROW generally require an Encroachment Agreement:
- Monitoring Wells
- Decorative Paving (Brick sidewalk/stamped asphalt)
- Decorative Lighting
- Decorative Signage
- Subdivision Entranceway Signs
- Building Footings
- Shoring and Tieback Systems
- Irrigation/Sprinkler Systems
The City's review process takes approximately 4-6 weeks, depending upon the type of encroachment and installation complexity of the encroaching item.
The application fee for this process is $1,800. The applicant is responsible for obtaining and maintaining liability insurance coverage in an amount determined by the City's Division of Insurance and Risk Management. Irrigation systems are currently exempt from this liability insurance requirement.
Encroachment Agreement Application Requirements
A letter of request with contact information (name, address, phone number) for the project applicant and full description of project. Three signed original copies of the Encroachment Agreement form. Fifteen sets of the drawing package for routing and review. Scaled drawings (1"=20', 30' or 40') to show detailed Plan and Elevation drawings of the existing conditions and the proposed encroaching item including: ROW lines, signs, trees, curb, gutter, sidewalk, poles, pavement edges, utilities, vicinity map. All drawings must be 8-1/2" in size. Insurance certificate with the City of Charlotte designated as the named insured. Check payable to the City of Charlotte in the amount of $1,800.
The Agreement will be recorded at the Mecklenburg Register of Deeds following the City's execution of the Agreement.
For additional information about submittal requirements and obtaining Encroachment Agreement forms, please contact:
Jeff Boenisch 704-336-3888
Charlotte Department of Transportation
Development Services Division
Right-of-Way Management Section
600 East Fourth Street
Charlotte, NC 28202