Anyone wanting to construct or install items within the public right-of-way (ROW) must obtain approval from CDOT (city-maintained streets) or NCDOT (state-maintained streets). Each request to encroach into the ROW is considered on a case-by-case basis to ensure that there is no adverse impact on public safety or future roadway construction needs. Additionally, all items must be in conformance with the City's Zoning Ordinance, Sign Ordinance, and other applicable ordinances.
Should CDOT agree to allow the construction or installation of private facilities within the ROW of a city street, then an Encroachment Agreement is necessary. An Encroachment Agreement is a legal document that defines the responsibilities for installation, liability, and maintenance.
The Encroachment Agreement is not a building permit. The holder of an Encroachment Agreement is responsible for securing all necessary construction/building permits.