Right-of-Way

Definition of Right-of-Way

Right-of-way is an interest in property either owned in fee or as an easement transferred through grant, prescription, dedication, or the right of Eminent Domain.  

Purpose of Right-of-Way

A road right-of-way is intended for the accommodation of traffic movements, utilities, drainage and other similar public uses.  

Uses of Right-of-Way

We use the right-of-way to construct, operate, maintain and remove our facilities, including but not limited to the roadway surface, support shoulder, cut and fill slopes, borrow ditches, traffic signs and signals, and drainage facilities.  Public use of the right-of-way includes direct and indirect services such as mobility of people and products, water supply and wastewater treatment systems, and energy and communication systems.

What else is in County Right-of-Way?

Public utilities (regulated by the Public Utility Commission) have the right by State Statue to use a portion of the road right-of-way for installation and maintenance of their facilities.  Such utilities include, but are not limited to:  water, sewer, electric, gas, telecommunications, and cable television services.  These facilities belong to the utility and are allowed in the road right-of-way because of the benefits they provide to the general public.  Each utility, however, is required to maintain their facilities as well as restore County road and drainage facilities that are damaged due to utility work within the right-of-way.  This activity is regulated through the Utility Construction Permit process.

Regulation of Right-of-Way

The County is given authority by State Statute to regulate the right-of-way and has a duty to use its right-of-way responsibly and in the best interest of the general public.  In addition to maintaining and improving the County road and drainage facilities within the rights-of-way, the County also regulates utility and other construction in the right-of-way to ensure the integrity of the road system is maintained and to minimize negative impacts to the traveling public during the construction process.  

Access to the right-of-way is regulated through the Access Permit process to protect the public health, safety and welfare, to maintain smooth traffic flow, to maintain road drainage facilities, and to protect the functional level of the County's roads.

Common myths about Right of Ways

Right of way ends at the edge of pavement or the back of curb!

In most cases the right-of-way width is much greater than the paved or graveled surface of the roadway. Generally the width of road rights-of-way are defined by various documents. The most common in the urban areas of the county are defined by subdivision plat. Undeveloped areas of the county right-of-ways are defined by documents found in the Transportation Department called the Road Books and Road Rolls. In cases where no documentation exists for the width of right-of-way, the county can claim prescriptive use. Prescriptive use is one of the most undefined areas of right-of-way. In most cases the width of the area maintained by the county can be considered the right-of-way.

Background

Public verses Private Right of Way

Public right-of-way is held in the public's interest by the county, such as the right-of-way dedication on a subdivision plat.

Private right-of-way is held by an individual or entity. For example a Homeowners Association may be in control of a private right-of-way.

How do I determine the width of a road right of way?

Rights-of-way vary in width. Refer to the Right-of-Way Information Request Procedures below to request right-of-way information.  

There are several ways to determine the location of a right-of-way/property line, should this information be needed, including:

• Reviewing Improvement Location Certificate (ILC) for property.  An ILC was most likely provided when the property was purchased.  An ILC is not a comprehensive survey and may provide a lower level of accuracy in determining boundary locations.

• Locating corner pins on property.  This method provides a high level of accuracy in determining boundary locations.

• Measuring one half the width of the right-of-way  from the centerline of the road.  This is a good rule of thumb but not intended as a reliable method for determining boundary locations.  If the right-of-way width for the road in question is unknown, that information may be requested with a Right-of-Way Information Request form.

• Having it surveyed by a professional surveyor.  This is of the most accurate method to locate a boundary.

To ensure your fence, landscaping, or other project is not within the County right-of-way, you should verify the property line location.

Programs/Services

Boulder County Right-of-Way Information Request Procedure

As a public service, the Boulder County Transportation Department, Engineering Division provides upon request, right-of-way information for roads in the County road system. Due to concerns of liability and accuracy, this information will only be conveyed after the submittal of a completed Right-of-Way Information Request form. Right-of-way information will not be given out over the telephone.

To use the form, fill out the top half of the form as completely as possible, then return it to the Boulder County Transportation Department, Engineering Division, P.O. Box 471, Boulder Co. 80306 or fax to (303) 441-4594. Upon receipt of the completed form, we will research the information available in Boulder County records, and determine the approximate Right-of-way information requested.

Please be aware that all Right-of-way information may not be readily available without a complete title search; thus, the Department will not perform such a search, and return the request with such noted.

In most cases we should be able to return the form to you in a few working days: however, please note that the maximum 5 working days response time and make allowances for that.

Right-of-Way Information Request Form  
(PDF, 6.11Kb)

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