Understanding Road Right-of-Way

for Ottawa County

Road Commission and Township Collaboration 2012

County Road Right-of-Way Statutory Where, What, and Why

All county roads are located road centerline does not The McNitt Act and other on land that is referred to as match the center of the road legislation established or road right-of-way. right-of-way. It is advisable transferred easements for road to utilize a surveying or and public utility use. The width of the county road engineering firm to right-of-way can vary a great determine the actual width Deeded deal. However, the general and location of the road rule of thumb is that the road right-of-way. right-of-way is 66 feet wide, Deeds are recorded documents approximately 33 feet on both The road right-of-way is that transfer property in fee, sides of the center of the road. intended for all county road, interest, or provide easement rights. pedestrian facility, and

There are instances where the public utility purposes. Plat Dedication

Establishment of Road Right-of-Way Plats are maps recorded by the Statutory • 10 Year Period of Use State to establish right-of-way and lots within a subdivision.

Deed • Condemnation Plat Dedication 10 Year Period of Use

Right-of-Way Regulation A right-of-way is established if Authority and Responsibility there has been some type of public use or maintenance The Road Commission has the and safe operations of the within a ten year period. responsibility to maintain county road system. roads in “reasonable repair so Condemnation that it is reasonably safe and Public Act 283 of 1909 convenient for public travel.” requires a permit from the Road Commission to Public Act 352 of 1925 Regulation and control of construct, operate, maintain, provides for the purchase and condemnation of private activities and work in the or remove any facility or property for public highway county road right-of-way is perform any other work purposes. necessary to provide efficient within the road right-of-way.

Encroachments Right-of-Way Use Master Planning

Public Purpose Township Collaboration Public Act 368 of 1925, Within a typical road right-of- The Road Commission has prohibits the placement of any way, some of the following established right-of-way object, except authorized public facilities can be found: widths for planning purposes mailbox mountings, within the related to long term growth county road right-of-way The driving surface, roadside and development. unless that object is permitted shoulders, road and county by the Road Commission. drainage systems, aerial and Primary Roads are planned to In many instances, property underground public utilities, be 120 feet in width. owners or contractors place sidewalks or non-motorized fences, rocks/boulders, Local Roads are planned to be paths, and traffic signs and trees/shrubs, earthwork, or signals. 100 feet to 86 feet in width other objects within the road depending on the traffic right-of-way as a measure of Property owners are allowed volumes. improving landscape. to install a mailbox within the road right-of-way. However Subdivision Streets still have a However, these fixed objects the mailbox and post shall planned 66 feet width. often become hazards to errant meet the guidelines of the motorists, vision obstructions, or interfere with road and Road Commission and U.S. Many townships have public utility improvements Post Office. adopted or utilize the above and are subject to removal right-of-way widths as a from the road right-of-way. All non-approved objects guide for developments to placed within the road right- plan for proper building Cooperation in keeping the of-way are considered setbacks and future road right-of-way free of all encroachments. infrastructure improvements. potential hazards is much appreciated.

H Permit to Work in the County Road Right-of-Way

An individual or organization who desires to perform work in the county road right-of-way must secure a permit that authorizes the activity. Some examples of work that typically require a permit are:

Adding or improving a driveway approach Adding, improving, or maintaining a public or private utility Adding or improving a sidewalk or non-motorized path Adding storm water to or improving a roadside drainage system Surveying and other engineering operations Placing a banner, decoration, or similar object Closing a section of road for a parade, celebration, festival, demonstration, or similar activity Grading or excavation, landscaping, tree planting, tree trimming or tree removal Any construction activity that impacts storm water runoff into or around county road right-of-way

For more information, please contact the Road Commission.