Right-of-Way
Definition of Right-of-Way
Right-of-way is an interest in property either owned in fee or as an
easement transferred through grant, prescription, dedication, or the
right of Eminent Domain.
Purpose of Right-of-Way
A road right-of-way is intended for the accommodation of traffic
movements, utilities, drainage and other similar public uses.
Uses of Right-of-Way
We use the right-of-way to construct, operate, maintain and remove
our facilities, including but not limited to the roadway surface,
support shoulder, cut and fill slopes, borrow ditches, traffic signs
and signals, and drainage
facilities. Public use of the right-of-way includes direct and
indirect services such as mobility of people and products, water supply
and wastewater treatment systems, and energy and communication systems.
 What else is in County Right-of-Way?
Public utilities (regulated by the Public Utility Commission) have the right by
State Statue to use a portion of the road right-of-way for
installation and maintenance of their facilities. Such utilities
include, but are not limited to: water, sewer, electric, gas,
telecommunications, and cable television services. These
facilities belong to the utility and are allowed in the road
right-of-way because of the benefits they provide to the general
public. Each utility, however, is required to maintain their
facilities as well as restore County road and drainage facilities that
are damaged due to utility work within the right-of-way. This
activity is regulated through the Utility
Construction Permit process.
Regulation of Right-of-Way
The County is given authority by State Statute to regulate the
right-of-way and has a duty to use its right-of-way responsibly and in the
best interest of the general public. In addition to maintaining
and improving the County road and drainage facilities within the
rights-of-way, the County also regulates utility and other
construction in the right-of-way to ensure the integrity of the road
system is maintained and to minimize negative impacts to the traveling
public during the construction process.
Access to the right-of-way is regulated through the Access Permit
process to protect the public health, safety and welfare, to maintain
smooth traffic flow, to maintain road drainage facilities, and to protect
the functional level of the County's roads.
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Background
Public verses Private Right of Way
Public right-of-way is held in the public's
interest by the county, such as the right-of-way dedication on a
subdivision plat.
Private right-of-way is held by an individual or entity. For
example a Homeowners Association may be in control of a private right-of-way.
How do I determine the width of a road right of way?
Rights-of-way vary in width. Refer to the Right-of-Way Information Request Procedures
below to request right-of-way information.
There are several ways to determine the location of a
right-of-way/property line, should this information be needed, including:
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Reviewing Improvement Location Certificate (ILC) for
property. An ILC was most likely provided when the property was
purchased. An ILC
is not a comprehensive survey and may provide a lower level of accuracy
in determining boundary locations.
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Locating corner pins on property. This
method provides a high level of accuracy in determining boundary
locations.
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Measuring one half the width of the right-of-way from
the centerline of the road. This is a good rule of thumb but not
intended as a reliable method for determining boundary locations.
If the right-of-way width for the road in question is unknown, that
information may be requested with a Right-of-Way
Information Request form.
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Having it surveyed by a professional surveyor. This is of the
most accurate method to locate a boundary.
To ensure your fence, landscaping, or other project is not within the
County right-of-way, you should verify the property line location.
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Programs/Services
Boulder County Right-of-Way Information Request Procedure
As a public
service, the Boulder County Transportation Department, Engineering
Division provides upon request, right-of-way information for roads in the County road system. Due to concerns of liability and accuracy, this information
will only be conveyed after the submittal of a completed Right-of-Way
Information Request form. Right-of-way
information will not be given out over the telephone.
To use the form,
fill out the top half of the form as completely as possible, then
return it to the Boulder County Transportation Department, Engineering
Division, P.O. Box 471, Boulder Co. 80306 or fax to (303) 441-4594. Upon receipt of the completed form, we will research the
information available in Boulder County records, and determine the
approximate Right-of-way information requested.
Please be aware
that all Right-of-way information may not be readily available without
a complete title search; thus, the Department will not perform such a
search, and return the request with such noted.
In most cases we
should be able to return the form to you in a few working days:
however, please note that the maximum 5 working days response time
and make allowances for that.
Right-of-Way
Information Request Form
(PDF, 6.11Kb)
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