What is a Right-of-Way?

All public roads are located within land, which is referred to as road right-of-way.  Within a typical road 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.  Road right-of-way width is established by deed, statute, or through the platting process and generally located from the back of walk on one side of the road to the back of walk on the other side.  Regardless, lands within the road right-of-way are reserved for use of the traveling public.  Click Here to view the City of Kettering’s Typical Roadway Section. 

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 pertinent installation in the right-of-way).

How Do I Obtain a Right-of-Way Permit?

An application can be filled out 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.  The following must be supplied before the permit will be issued:

 INSURANCE

• Provide a Certificate of Insurance as proof of the required coverage and the 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.

BONDING

• An adequate SURETY 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 Here ( PDF File - 4.7K) to download and print the excavation bond.

                                          OR

• A CASH BOND for the estimated cost of the work may be posted and will be held for one year.

FEES

All permits, except as noted, will cost $20.00.

Fee exceptions: -   

• Replacement of existing sidewalks, curbs, and drive approaches.
• Minor drainage connections such as downspouts and plumbing.
• Irrigation and Invisible Fence type work.

FINAL APPROVAL & RELEASE

One (1) year after all work has been completed; the Inspector shall make a final inspection. When all work is satisfactory, he should indicate the recommended release of the permit and any cash bond will then 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, but is 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 937-296-2436.