The Town of Stallings requires a Right-of-Way Encroachment Agreement before a private facility or non-standard improvement may be installed within Town-maintained public right-of-way.
To better account for the wide range of work that can occur within the right-of-way, the Town utilizes two types of Encroachment Agreements: Minor Encroachment Agreements and Major Encroachment Agreements.
The appropriate agreement is based on the scope, complexity, and potential impact of the proposed work.
A Minor Encroachment Agreement is generally intended for smaller, lower-impact installations that require limited Town review and do not involve substantial construction within the public right-of-way.
Examples may include:
- Non-standard or privately maintained signs;
- Neighborhood identification features;
- Landscaping or irrigation;
- Decorative or minor hardscape improvements; and
- Similar small-scale private installations within Town right-of-way.
Minor encroachments generally require a completed application, description of the proposed improvement, and a sketch or aerial showing the proposed location.
Approval of a Minor Encroachment Agreement does not make the improvement a Town-owned or Town-maintained facility. The applicant or responsible private entity remains responsible for the installation, maintenance, repair, replacement, and future removal or relocation of the improvement.
A Major Encroachment Agreement is intended for larger or more complex construction projects within Town right-of-way that require additional engineering review, construction coordination, inspection, and restoration oversight.
Examples may include:
- Fiber and broadband installations;
- Telecommunications facilities;
- Water and sewer infrastructure;
- Natural gas or electric facilities;
- Linear utility or facility installations;
- Road crossings, bores, or pavement cuts;
- Projects affecting multiple streets, properties, or neighborhoods; and
- Other projects involving substantial disturbance of the public right-of-way.
Major encroachments generally require more detailed construction plans and project information. Depending on the scope of the project, requirements may include construction phasing and scheduling, contractor and project-management contacts, traffic or pedestrian-control information, insurance, restoration/security bonding, resident notification, preconstruction coordination, inspections, and as-built information.
For larger projects affecting residential areas, applicants may also be required to coordinate with affected homeowners associations or property owners, provide advance notification to residents, and install project identification signage with appropriate contact information.
The applicant remains responsible for its contractors and subcontractors and for addressing construction-related damage, restoration deficiencies, and other concerns resulting from its work.
How Does the Town Determine Whether an Encroachment Is Major or Minor?
The Town considers the overall scope and potential impact of the proposed work. Factors may include:
- Type and size of the proposed installation;
- Amount of right-of-way disturbance;
- Linear footage and number of street crossings;
- Need for engineered construction plans;
- Number of streets, properties, or neighborhoods affected;
- Impacts to pavement, sidewalks, drainage, or other Town infrastructure;
- Traffic and pedestrian impacts; and
- Overall complexity and public-safety considerations.
The Town Engineer or designee will make the final determination as to whether a proposed encroachment is processed as Minor or Major.
Applicants are encouraged to contact the Town's Engineering Department if they are unsure which agreement applies to their proposed project.
Fees
Right-of-Way Encroachment fees vary based on the type and scope of the proposed work. Minor encroachments are subject to the applicable Minor Encroachment fee, while Major Encroachment fees may be based on project size, linear footage, street crossings, and other applicable review or restoration requirements.
Applicants should refer to the Town's current Fee Schedule for applicable charges.
Important: Town Approval Does Not Transfer Maintenance Responsibility
Approval of an Encroachment Agreement authorizes the approved private facility or improvement to occupy Town right-of-way. It does not transfer ownership or maintenance responsibility to the Town.
Unless specifically accepted by the Town through a separate action, the applicant or owner remains responsible for the facility or improvement, including maintenance, repair, replacement, restoration, and relocation or removal when necessary to accommodate future public improvements or other lawful use of the right-of-way.
Questions?
Before submitting an application, applicants with questions regarding the appropriate Encroachment Agreement or required submittal materials are encouraged to contact the Town of Stallings Engineering Department.