Rights-Of-Way

WHAT IS THE RIGHT-OF-WAY?
As a general rule of thumb, the right-of-way can be estimated to extend 11 feet from the back of curb or edge of street pavement. However, to determine the actual right-of-way on a particular property you need to check property records and or do a survey. While this area still is the responsibility of the property owner, the City has the right to determine what goes on there. For example, signs, sight obstructions, and basketball goals are not allowed. Illegal signs in the right-of-way are removed by Public Works.

Sidewalks
It is the property owner's responsibility to maintain a safe walking surface on sidewalks adjacent to their property. The City requires the owner or occupant of a house with a sidewalk along side not to allow the sidewalk to be or remain above or below the established grade of the sidewalk. For property fronting any street the City requires the sidewalk be kept in good order and to clean and remove ice, snow, earth or other substances that obstruct or render the sidewalk dangerous. If sidewalks are unsafe, the property owner may be required to repair them. Sidewalk repairs require a right-of-way permit. However, under the City's Sidewalk Repair Program, the fee for the permit is waived. For more information on the Sidewalk Repair Program email zmckinney@indepmo.org.

Curbs
There are two types of curbs: roll-back and square-back. Most areas have roll-back curbs but some areas have no curbs at all. Curbs are not part of the street and are therefore the responsibility of the property owner to maintain.

Sight Obstructions
Trees, bushes or other landscaping that obstruct the vision of drivers are not allowed. Property owners may be cited for a code violation if objects in the right-of-way on their property are interfering with traffic. Notify zmckinney@indepmo.org.

Working in the Right-of-way
A permit must be obtained for any work performed in the right-of-way. For example, replacing a sidewalk, curb, driveway or driveway pipe all require a permit. The permit is $35 and the inspection fee is $35. Permits may be obtained at the Public Works Department on the third floor of City Hall. For information, call 325-7781 or email dmcgraw@indepmo.org.

WHAT ARE UTILITY EASEMENTS?
A utility easement may or may not be in the right-of-way. These are areas where the utility (ex: Power & Light, Missouri Gas Energy, etc.) has permission to enter a property to maintain utility lines. For more information, contact the individual utility.

Clean Up
Public Works Street Maintenance picks up trash illegally dumped on the right-of-way, tree limbs that fall into the street, or illegal signs posted on the right-of-way. It's important to clean up the trash quickly before it attracts further dumping or causes an accident. If you catch a dumper in the act, call the Police Department.