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Right-of-Way (ROW) Permits

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1. What is required to pull a ROW Permit?

To pull a ROW Permit, submit a City ROW application form and a site plan sketch with dimensions. If pavers or other non-standard materials are proposed within the right-of-way area, include a picture or image. Email the completed form and site plan to Public Works Permits, fax to 904-209-4286, or hand deliver to City Hall:
75 King Street
Lobby B Elevator, 4th Floor, Public Works Department
St. Augustine, FL 32084

2. What are the fees for Right-of-Way Permits?

View the Permit Fee Schedule (PDF) (see page 2 of the schedule). The appropriate permit fee will be applied based on scope of work. Email Public Works Permits with permit fee questions.

3. How long does it take to get a ROW Permit?

Once the application is received at Public Works, please allow up to 3 business days for the application to be reviewed and processed. The Permit Technician will contact the applicant to notify that the permit has been approved and is ready for pickup, or, ask for additional information if necessary. Email Public Works Permits with any questions.

4. Can I get a ROW Permit the same day?

Over-The-Counter (OTC) Permits may be approved on a case-by-case basis under the following conditions:

• Maximum one lane closure, with ample space left for emergency vehicles to pass by. Full road closures require a regular permit with a longer review time.
• Sidewalk closures must allow access to adjoining businesses and/or residences at all times.
• The work duration must be maximum 8 hours during in a single working day.

5. How long are ROW Permits good for? Can extensions be made?

Right-of-Way Permits are good for up to 6 months. If an extension is needed, the application and orange placard must be brought into Public Works to request an extension for up to 6 additional months.

6. Are there time or day restrictions for ROW Permits?

Permits are assigned date and time restrictions by City staff based on the location and nature of the work. Work is generally not permitted during Saturdays, Sundays and City observed Holidays. Weekend, holiday and night work may be approved, or required, on a case-by-case basis. The City’s focus first and foremost is public safety, and second, minimizing impacts to neighboring properties and maintaining public use of the right-of-way to the extent possible.

7. Does my residential driveway have to be concrete pavement?

The driveway apron within the right-of-way, from the road up to your property line, should be concrete or coquina concrete, in accordance with standard City details. If you desire to have a non-standard, solid surface (such as paver stones) within the right-of-way, then a Right-of-Way License Agreement and liability insurance requirements will be necessary. View the “Why do I need a Right-of-Way License Agreement” question to view more. The remaining portion of the driveway on your property can be pavers, concrete, asphalt, Number 57 stone granite gravel, any combination thereof, or similar approved surfaces.

8. Why do I need a Right-of-Way License Agreement?

The City requires a license agreement for all non-standard materials placed in City rights-of-way, such as:

• Brick
• Irrigation and hardscape features such as decorative walls
• Landscaping
• Paver stones

Materials That Do Not Require License Agreements

Standard materials that do not require a license agreement are: asphalt, concrete, coquina concrete, sod/grass. Customers are encouraged to consider revising their plan to use a standard material in the right-of-way, and non-standard materials of their choice on their own property. This option would remove the license agreement requirement. Email Public Works Permits for an example of the Right-of-Way License Agreement with liability insurance requirements.

9. How long does it take to get a Right-of-Way License Agreement?

After you apply for the Right-of-Way Permit (with License Agreement for non-standard materials in the right-of-way), the City will route for staff review, then create the license document specific to your property and project, and send to you with instructions. The application fee is $145 for the Right-of-Way Permit plus $250 for the License Agreement, for a total of $395. (The City covers recording fees for the agreement.)

Review

The Public Works Director reviews these applications. Allow minimum one week for this process and to receive the license agreement document. Once we receive the original signed agreement back from you, it will be placed on the next available City Commission meeting agenda at that time (the deadline is 13 days prior to a Commission meeting). 

Items needed for review are:

• $395 payment
• Completed application form
• Photos or images of the non-standard materials
• Sketch with dimensions clearly depicting the proposed improvements

10. If I need a Right-of-Way License Agreement, can I begin work in the right-of-way before the Agreement is completed?

No. The Right-of-Way License Agreement must be approved by the City Commission at a regularly scheduled Commission meeting prior to any work taking place within or affecting the right-of-way.

11. What is the required width and length of a residential driveway?

The driveway apron in the right-of-way must match standard City details. The maximum width of a residential driveway is 20 feet. There is no minimum driveway width or maximum driveway length. See “Where can I find the City’s driveway details?".

12. Can I have a circular driveway, or two driveways on my residential property?

For a single-family home, the Public Works Director will review applications for double driveway connections. The ROW Permit form and a to-scale site plan with dimensions will be required for review. The Director may approve or reject these applications on a case-by-case basis, taking into account public safety, location, spacing between adjoining driveways, etc.

Commercial driveways are handled through a separate permitting process. View Commercial Development and Site Construction for more information.

13. Distances required between driveways/intersections?

Although City Code does not have specific distance requirements between roadway connections, it is the City Engineer’s responsibility to apply best management practices on a case-by-case basis in accordance with various industry standard traffic control handbooks. Driveways in close proximity to other driveways and/or intersections create a situation where the driver must negotiate multiple conflicts. This situation can lead to poor safety and operational conditions. Proper driveway design can help minimize these concerns.

Driveway Design

Objectives of best practices for driveway design are:

• Minimize the difference in speed between turning vehicles and through traffic.
• Minimize the drainage impacts to the curb and gutter system.
• Minimize encroachment of turning vehicles on adjacent lanes.
• Provide adequate sight distance for drivers using the driveway (entering, exiting and approaching traffic). Sight distance considerations may include other roadway connections, on-street parking, landscaping and vegetation, physical features such as retaining walls and signage.
• Provide sufficient operational area for traffic entering the site to prevent a “spillback” queue onto the public street.
• To provide a clear and safe environment for all road users (vehicles of all kinds, cyclists, pedestrians, etc.).

14. How close can my driveway be located to the side lot line?

You will need to plan enough space between the driveway and side lot line for proper grading on your property to ensure that drainage will not affect the adjoining property. Stormwater must not run off onto other properties. In addition to this, plan for enough room so that the driveway apron in the right-of-way will not affect neighboring driveways or other features such as fire hydrants, drainage inlets, etc.

15. Where can I find the City's driveway details?

View the Paving and Drainage Details document (PDF) 

AutoCAD drawing files (ZIP) of the Paving and Drainage Details can be downloaded here.

16. Who applies for a Tree Removal Permit when the tree is located in City right-of-way?

The property owner (or the property developer, or their contractor) is responsible for applying for the Tree Removal Permit (at the City Planning and Building Department). Following City approval of that permit, the customer’s tree company must apply for a separate Right-of-Way Permit at Public Works in order to perform the tree removal work in the City’s right-of-way. The property owner (or the property developer, or their contractor) is responsible for removing the tree at their cost. The City is not responsible for permitting or costs to remove the tree.

17. Who is responsible for sidewalk repairs in City right-of-way?

Per City Code, Section 22-33, the property owner has the authority and responsibility to repair the sidewalk fronting their property, by securing a licensed and insured contractor and obtaining a City Right-of-Way Permit prior to commencing the work. This is not to say that the City does not replace sidewalks; the City replaces sidewalks in those areas of high priority and where funds have been budgeted for specific streets.

18. Who creates a Maintenance-Of-Traffic (MOT) plan?

In many cases, contractors hire MOT companies (such as Bob's Barricades, ACME, etc.) to create the MOT Plan. The City does not (and will not) supply examples or guide applicants through MOT design, to limit inadvertent exposure to liability and risk. The applicant submits the MOT plan and the City reviews the plan for compliance with codes, policies, rules and regulations.