City Maintained Rights-of-Way and City Maintained Infrastructure Disturbance Permits Ordinance
City Staff has developed a draft of the proposed revised City Maintained Rights-of-Way and City Maintained Infrastructure Disturbance Permits Ordinance, also known as the Right-of-way Cut Permit Ordinance, and is now available for public review and comment. A copy of this proposed ordinance can be viewed at the Transportation and Engineering Department's office located on the Mezzanine Level of the City Hall building or by clicking on the following link:
City Maintained Rights-of-Way and City Maintained Infrastructure Disturbance Permits Ordinance
Also, please also review the proposed Degradation Fee Schedule as referenced in Section 16-38. Restoration; Cost, Part (b) of the proposed ordinance.
Please send comments regarding this manual by email to ggarrision@ashevillenc.gov. Comments will be taken in to consideration as part of the process to complete a final revision to be adopted by City Council.
Right-of-way Cut Permit
In the event that you, a contractor, or utility companies will be cutting asphalt, concrete, brick, or dirt surfaces within the right-of-way of City maintained streets, then excavating the sub surface for the purpose of installing or repairing public or private utilities as well as above ground infrastructure, all parties are required to obtain a Right-of-way Street Cut Permit.
Apply for Permit
You must apply for the Right-of-way Cut Permit at the Development Services Center located in the Public Works Building at 161 S. Charlotte St. and be able provide the following information along the payment for the permit fee:
- Address nearest to the location of the cut.
- Name of the nearest intersecting street.
- Length and width dimensions or total square feet of the cut.
- Type of surface to be cut.
The minimum size of a Right-of-Way Cut Permit is 25 square feet.
Permit Fee & Fines
The fee for the permit must be paid at the time it is applied for. The fee is $2 per square foot (a minimum of 25 square feet, at a total $50). $2500 is the maximum permit fee for cuts totaling 1250 square feet or larger. The City accepts cash, check, or credit card as payment for the permit.
In the event that our inspectors have found that cut size is less than the one applied for, but not less than minimum allowed, the applicant will be refunded amount of the difference. If the cut is larger, the applicant will be billed the amount of the difference.
There are two situations where you can be fined. First, failure to complete the cut repair or correct the cut repair rejected by the inspector within the time allotted on the permit and will result in a fine of $50 per day. Second, failure to obtain a permit will result in a fine of $50 per day, but not exceed a maximum total of $2500, until the Permit is applied for.
Cut Repair and Inspection
The cut must be repaired and inspected within 10 working days. If the work can not be completed within that time, please contact the Engineering Services Division to add a 30 day or more extension at no additional cost. If the work is not completed within the 10 working days without getting a time extension, a fine of $50 per day will be charged until the the work is completed or time extension is requested.
Always erect and maintain proper warning signs and barricades as well as establishing traffic control while working near or within the City maintained street right-of-way. In the event that a sidewalk, one lane of traffic, or the entire street will need to be temporarily closed, please apply for a Temporary Closure Permit.
Once the cut repair is completed, contact Engineering Services Division request an inspection. The Inspector will evaluate the repair to see that it has been done in accordance to City standards. Once the repair has been accepted, that will begin a 2 year warranty period.