What is a Right-of-Way?
All public roads are located within an area that is referred to as public right-of-way. Within a typical public right-of-way, the following public facilities can be found: the driving surface, roadside shoulders and ditch, public utilities, sidewalks, and traffic signs to name a few. Public right-of-way width is established by deed, statute, or through the platting process and is generally located from the back of sidewalk on one side of the road to the back of sidewalk on the other side. Regardless, lands within the public right-of-way are reserved for use of the traveling public.
When Do I Need to Obtain a Right-of-Way Permit?
A Right-of-Way Construction Permit is required for any work to be accomplished in the public right-of-way (including, but not limited to, storm drainage, driveway installations, sidewalks, curbs and gutters, landscaping, irrigation installation, utility installations, tree removals or any other excavation or installation in the right-of-way).
How Do I Obtain a Right-of-Way Permit?
A permit can be obtained at the City of Kettering Engineering Department located in the Government Center at 3600 Shroyer Road to obtain a Right-of-Way Permit. The offices are open 8 a.m. – 5 p.m., weekdays, excluding holidays or you may apply online for a permit by going to Access Kettering.Apply Online for a Right of Way Permit
The following must be supplied before the permit will be issued:
• Provide a Certificate of Insurance as proof of the required coverage; City of Kettering shall be named as an additional insured on the policy.
• Adequate coverage is: liability arising out of bodily injury to persons or damage to property in the amount of no less than $500,000, written on a per occurrence basis.
• An adequate EXCAVATION BOND must be on file or provided in the amount of the total cost of the work, with a minimum of $200.00. Contractors who work at various sites throughout the City during the year may post a $5,000 EXCAVATION BOND renewable on a yearly basis. However, projects exceeding this amount must be bonded for separately. Click on Annual Excavation Bond to download and print.
• A CASH BOND for the estimated cost of the work may be posted and will be held for one year.
All permits, except as noted, will cost $20.00.
• Irrigation and Invisible Fence type work.
All Construction activity that takes place in the City of Kettering right of way must follow the Ohio Manual of Uniform Traffic Control Devices (OMUTCD) for temporary traffic control in the roadway. View the OMUTCD
Final Approval & Release
One (1) year after all work has been completed, the Inspector shall make a final inspection. When all work is satisfactory, the inspector will release the permit and any cash bond will be refunded to the applicant.
What cannot be done within the road right-of-way
Due to our duty to look after the health, safety, and welfare of the public using city roads and sidewalks, the Engineering Department does not allow, though not limited to, the following installations or activities within the road right-of-way: any activity that creates an unsafe condition for those using the roadways, installation of fences, filling of roadside ditches and installation of unauthorized permanent or temporary signs.
For questions, call the Engineering Department at 937-296-2436.