What is the Right-of-Way
By: Robert C. Solera, Assistant Administrator
Building and Code Enforcement & Licensing Department

A right-of-way is essentially City-owned property that is utilized by the public as a thoroughfare for vehicular and/or pedestrian traffic. Section 19-4(d) of the County Code, which the City has adopted, requires all citizens to uphold these areas at all times. The size of the right-of-way is determined by the width of the street and is measured from the center of the road towards each property up to the property line. In some areas, the street width is 50’; therefore the right-of-way is 25’ from the center of the street as depicted by the drawing below. In other locations, the width of the street is 70’; so then the right-of-way would be 35’ toward either side from the center of the road.

Any trees, landscaping, or any other objects within the 50’ depicted above are on the City’s right-of-way. Any object placed on the City’s right-of-way without the City’s authorization is considered illegal. These objects are subject to removal by the City and its owner may be imposed to pay civil penalties.

Right-of-ways serve several other purposes including, but not limited to, water runoff. It also functions to locate infrastructure for the City and County such as: storm drainage system and sanitary sewer system. For that reason, it is critical that the City is made aware of any objects that are placed on any right-of-ways in order to regulate them and prevent any damage to the City’s or County’s infrastructure.

All Code and Licensing Department staff can assist you in determining whether an object is on a right-of-way and whether or not it is allowed. Please contact us at (305) 947-0606 to schedule an appointment. We will be happy to provide a courtesy inspection at the location in question.

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