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Right-of-Way Maintenance
Right-of-ways, Easements, and Encroachments
The City of Elk River would like to remind residents that it is unlawful to perform any work within a city right-of-way or easement without prior approval from the City of Elk River Building Division.

Municipalities and utilities use the right-of-way to maintain and construct roadways and sidewalks. Easements are utilized for the activities associated with water lines, sewer lines, gas lines, phone lines, and fiber optics. The size of the boulevard adjacent to a property depends on the size of the dedicated right-of way, the width of the street and the location of the street. 

ROE
 
Encroachments are privately owned obstructions placed within the right-of-way or easement that can pose a safety threat to motorists and pedestrians. Examples include benches, retaining walls, planter boxes, handrails, signs, statues, underground irrigation systems, and invisible pet fencing.

The city is not responsible for privately owned encroachments that may be damaged during ROW or easement activities (snow plowing, tree trimming, construction projects, etc.). Persons responsible for installing unauthorized encroachments may be liable in a civil lawsuit if damages or injuries occur as a result of their actions.

Report a Right-of-Way Issue
Contact the Streets Department at 763.635.1120.
You can also request/report online.

What is a road Right-of-Way?

The road right-of-way is the "utility" portion of the public street and can be used by utility companies to put in their lines, etc, and this area is part of the public street. A rule of thumb is the right-of-way is 30 feet from the road center line but this dimension can vary depending on the specific road and is not meant to be an exact number. 

Who is responsible for mowing and cleaning city right-of-way areas?
Property owners are responsible for mowing and clearing snow from sidewalks in right-of-ways on property frontage.

Why do we Roadside Mow or Trim?
Roadside mowing and trimming is done to remove any visual obstructions in the road right-of-way and to maintain a clear travel path free of branches, limbs, etc. During the summer months the Streets Division mows city-owned boulevards and rural roadway ditches.  The areas are mowed two times throughout the summer.  This is done to control weeds, maintain a quality appearance, and reduce sight line obstructions at intersections.