Permits

Last updated or reviewed on March 21, 2023

Right-of-Way Encroachments

 

Residents or businesses wishing to place structures, objects, or merchandise within public rights-of-way (roadsides, sidewalks, etc.) should apply for an encroachment agreement. The City of Asheville administers sidewalk encroachment permits for signs, outdoor dining, outdoor merchandise, and pushcarts. If you choose to encroach in the City’s sidewalk in any of the following ways, you will be required to obtain a permit.

Click here to access PDF applications for an encroachment agreement, signs, outdoor dining and merchandise, and pushcarts. Applications and associated fees can be submitted in person to the Development Services Department’s Permit Application Center (PAC) at 161 S. Charlotte St. Contact the PAC with questions at 828-259-5846.

 

 

Right-of-Way Cut Permits

 

The Streets Services Division is responsible for right-of-way cut permits to ensure asphalt, concrete, brick, and dirt cuts that are made within the right-of-way (for the purposes of installing or repairing public and private utilities) are restored back to City standards.

In the event that you, a contractor, or a utility company will be cutting asphalt, concrete, brick, or dirt surfaces within City-maintained street rights-of-way or cutting sidewalks within NCDOT rights-of-way inside the City limits, and 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 Cut Permit.

In addition to a Right-of-way Cut Permit for cutting sidewalk within NCDOT rights-of-way inside the City limits, it is advised that the NCDOT be contacted to determine if the type of work being done will require a NCDOT Encroachment Agreement.

You must apply for the Right-of-way Cut Permit at the Streets Division of the Public Works Department located on the 2nd Floor of  the Public Works Building at 161 S. Charlotte St., and be able provide the following information along with the payment for the permit fee:

  • Address nearest to the location of the cut.
  • Name of the nearest intersecting street.
  • Length and width dimensions of the cut.
  • Type of surface to be cut.
  • Progress schedule of the project when exceeding 10 days.

 

The minimum size of a Right-of-Way Cut Permit is 25 square feet.

The fee for the permit must be paid at the time of application. The fee is $4 per square foot (a minimum of 25 square feet, at a total of $100). $5,000 is the maximum permit fee for cuts totaling 1,250 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 the cut size is less than the one applied for, but not less than minimum allowed, the applicant will be refunded the amount of the difference. If the cut is larger, the applicant will be billed for the amount of the difference.

Fines are issued in two situations. First, failure to complete the cut repair or correct the cut repair rejected by the inspector within the time allotted on the permit will result in a fine of $100 per day. Second, failure to obtain a permit will result in an initial fine of $250 and an additional fine of $100 per day until the proper permit is obtained, but not to exceed a maximum total of $5,000.

The cut must be repaired and inspected within 10 working days. If the work cannot be completed within that time, please contact the Streets Division to request an extension at no additional cost. All extensions must be requested and approved in writing at least 48 hours prior to the initial expiration date on the permit.  If the work is not completed within 10 working days without getting a time extension, a fine of $100 per day will be charged until the work is completed or an extension is approved.

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 as found in the current edition of the MUTCD manual. 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 with the Transportation Department.

Once the cut repair is completed, contact Streets Services Division request an inspection. The Inspector will evaluate the repair to see that it has been done in accordance with the City of Asheville Standard Specifications and Details Manual. Once the repair has been accepted, a 2 year warranty period begins.