What is the right-of-way?
Right-of-way is defined in the Land Development Code as “an area of land dedicated for public or private infrastructure such as streets, sidewalks, railroads, sewer lines, water lines, electric lines and gas lines.”

Back to Top

Where is the right-of-way?
The right-of-way varies in Cornelius but a general rule of thumb is typically the area between power poles on one side of street to the power poles on the opposite side of the street. It can also be the area from the back of the sidewalk or ditch line on one side of the street to the back of the sidewalk or ditch line on the opposite side of the street.  If you are unsure of the location of the right-of-way contact the Public Works Department at 704-895-5212.

Back to Top

Who is responsible for maintenance within the right-of-way?

• Yard and Sidewalk Right-of-Way Maintenance: For homes or businesses the property owner is responsible for maintenance to the curb of the street or the edge of the pavement along their street frontage.  For Town maintained streets, the Public Works Department is responsible for trimming overhanging branches of trees; otherwise the property or home owner is responsible.
• Street Right-of-Way Maintenance:  To find out who is responsible for maintenance of a street you must first find out if the street is public or privately owned.  The Public Works Staff at 704-895-5212 or the Planning Staff at 704-896-2461 will assist you with finding this information.  
  • If it is a Private Street, the property or home owner is responsible for any repairs or maintenance. 
  • If it is a Town Street, the Public Works Department is responsible for necessary maintenance and repairs.  
  • For State Streets, NCDOT (704-394-8321) is responsible for maintenance or repairs. 
• Power Lines and Poles are maintained by your power company. 

Back to Top

What is allowed in the right-of-way?

• No buildings or structures can encroach into the right-of-way. 
• Parking is allowed in the right-of-way in formally designated parking spaces.  However, it is a violation of Town Ordinances for vehicles to be parked in the right-of-way for sale, washing, repair (except for emergency repairs), storage or advertising of any kind. 
• Removal of any trees within the right-of-way requires a tree removal permit which can be obtained in the Planning Department.  If there is dead or hazardous vegetation in the right of way the Town will contact the property owner to remove it.  If it is not removed the Public Works Director may remove it at the owner’s expense. 
• Permits must also be obtained for the planting of trees in the right-of-way. A site plan may be required for the planting of vegetation in the right-of-way at the discretion of the Planning Director.  
• Sprinkler systems are not permitted in the right-of-way unless permission is obtained from the Public Works Department for Private or Town streets or the NCDOT for state roads and highways.
• In order to dig or excavate in the right of way it is required by law that you contact NC 1 Call at 1-800-632-4949.
• No fences or invisible fences shall be constructed within the right-of-way but otherwise they are allowed to be placed on property lines.  
• No signs are permitted in the right-of-way with the exception of special event banners if permission is granted by the Town Managers Office at 704-892-6031.
• It is illegal to throw trash or sharp objects in the right-of-way.
• Erosion debris should be prevented from collecting on sidewalks.  You may contact the North Mecklenburg Land Use & Environmental Services Agency (LUESA) at 704-432-2520 for concerns regarding erosion.  Removal of dirt and debris as a result of construction is the responsibility of the contractor in charge of the project.  If you have a concern regarding construction debris you may contact the LUESA office at 704-432-2520.