Permanent structures or improvements cannot be located in the right-of-way or in any drainage and/or utility easement without an encroachment.
It is possible to ask the City for approval for an improvement to be located within a drainage and/or utility easement, the improvement needs to meet all development standards set forth in the respective dwelling district zoning ordinance, and needs to not impede the flow of water, either by extending over the easement or being of chain link to provide for water flow. Please understand that this does not speak to any covenants or commitments that may or may not be included in your subdivision, and even if a Consent of Encroachment is granted, the City could authorize at any time to work in the easement in such a way that would require the improvement or other structure in question to be removed at the owner's expense.
Encroachment licenses are required when there is an intrusion by an inanimate object on, under, over or upon the City public right-of-way. If approved, the City gives permission to a property owner to utilize the public right-of-way for personal use. However, the following intrusions shall not be deemed to be an encroachment.
To begin the application process for an encroachment, you will need to come into our office and speak with an Infrastructure Project Compliance Analyst at 1200 Madison Ave., Suite 100, with a site plan that shows the easement and/or the location of what and where you are encroaching.