Right of Way Permits

Right-of-Way Permits
The Town of Frederick has a Right-of-Way (ROW) permit process to protect the significant investment that local citizens have made with their tax dollars for roadway improvements. To this aim, the town requires that a ROW permit be issued for any work that is done within the town’s ROW, unless it is specifically exempted as described below. The town, in review of the permit application, will determine what the potential for damage to the town’s infrastructure might be, and will collect a non-refundable license fee of $150, plus a refundable deposit to ensure that the ROW is returned to its previous condition. The deposit is based on the amount of roadway that will be cut, and it will be refunded after the road has been repaired to its original condition. The license fee covers the town’s cost of review of the permit application as well as inspection of the work in the ROW.

Application Process
A ROW permit application is a single page to which you will need to attach three items:
  • A drawing showing the work to be done. Depending on the nature of the work, this could be a copy of a drawing from a plan set, or simply a hand drawn picture of the work area. The drawing should reference, and include dimensions to, the nearest right-of-way line and also a section or quarter corner or a property corner.
  • A traffic control plan. This is a drawing showing what type of traffic control you are planning on using (road work ahead signs, barricades, cones, flag men, etc.) and where you will be placing them. This plan should be prepared and signed by an ATSSA certified individual.
  • A work schedule. This can simply be a statement of when you would like to begin the work and how long you expect the work to take.

When A ROW Permit is Not Required
The following situations do not require a right of way permit:
  • Work or construction that is done by a developer of a subdivision, or a developer’s contractor, that is in ROWs that have not yet been issued “final acceptance” by the town; and for which the developer has a development agreement with the town and a valid letter of credit covering the public improvements in the development. Although a ROW permit is not required in this circumstance, the contractor must still construct improvements in accordance with the town’s Design Standards and Construction Specifications, and is responsible for all required traffic control. The contractor must contact the town’s engineering department to schedule inspections. The cost of the inspections will be billed to the developer in accordance with the developer’s development agreement.
  • Work that is done in conjunction with a site plan (developing only one lot), if the developer has entered into a development agreement with the town and has provided a letter of credit. As above, the cost of inspections will be charged to the developer.
  • Work that is done in the ROW for I-25, or SH 52, and for which the contractor has a valid permit issued by CDOT.
  • The applicant has a separate license or franchise agreement with the town.
  • You have been hired by the Town of Frederick to do the work on a town project. The own may still require a drawing showing the work to be completed if one has not been prepared and may need to see a traffic control plan.

These are the only situations in which a ROW permit is not required.

Other Situations
If work is being done on a roadway that has been issued “conditional acceptance” but not “final acceptance”, and the work is being done by someone other than the developer (such as a utility company) then you still need a ROW permit. If you are doing work in a ROW that has been platted, but a roadway has not yet been built (it has not yet been issued “conditional acceptance”), and you are not doing the work for the developer, then you still need a ROW permit. Also, if you are driving or moving oversize or overweight vehicles on the town’s roads you will need an Oversize/Overweight Vehicle permit.

ALL Situations
In all situations, whether or not you have a ROW permit, you need to contact Jason Overholt with the Town’s engineering department to schedule construction inspections.