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Rights-Of-Way

WHAT IS THE RIGHT-OF-WAY?
As a general rule of thumb, the right-of-way can be estimated to extend 11 feet from the back of the curb or edge of the street pavement. However, to determine the actual right-of-way on a particular property you need to check property records and/or do a survey. While the property owner is required to maintain this area, the City has the responsibility to ensure appropriate and safe use of the right-of-way. For example, sight obstructions, signs and basketball goals are not allowed. Illegal signs in the right-of-way are removed by Public Works.

Sidewalks
It is the property owner's responsibility to maintain a safe walking surface on sidewalks adjacent to their property. The City requires the owner or occupant of a house with a sidewalk to maintain the sidewalk at the established grade of the sidewalk, not above or below the established grade. Sidewalks must be kept in good order and clear of ice, snow, dirt or other substances that obstruct or render the sidewalk dangerous. If sidewalks are unsafe, the property owner may be required to repair them. Sidewalk repairs require a Right-of-Way permit. However, under the City's Sidewalk Repair Program, the fee for the permit is waived. For more information on the Sidewalk Repair Program email bhreynolds@indepmo.org.

Curbs
There are two types of curbs: roll-back and square-back. Most areas have roll-back curbs. Some areas have no curbs at all. Curbs are not part of the street and therefore are the responsibility of the property owner to maintain.

Sight Obstructions
Trees, bushes or other landscaping that obstruct the vision of drivers are not allowed. Property owners may be cited for a code violation if objects in the right-of-way on their property are interfering with traffic. Notify bhreynolds@indepmo.org.

Working in the Right-of-Way
A permit must be obtained for any work performed in the right-of-way. For example, replacing a sidewalk, curb, driveway or driveway pipe all require a permit. The permit is $35 and the inspection fee is $35. For information, call (816) 325-7781 or email bhreynolds@indepmo.org.

APPLY FOR A RIGHT-OF-WAY PERMIT
There are two ways to apply for a Right-Of-Way Permit.

  1. Come in to the Public Works office at City Hall and fill out an application.
  2. Apply online by clicking here.

WHAT ARE UTILITY EASEMENTS?
These are areas where the utility (ex: Power & Light, Missouri Gas Energy, etc.) has permission to enter a property to maintain utility lines. A utility easement may or may not be in the right-of-way. For more information, contact the specific utility.

Clean Up
Public Works Street Maintenance picks up trash that has been illegally dumped in the right-of-way, tree limbs that fall into the street, or illegal signs posted in the right-of-way. It's important to clean up the trash quickly before it attracts further dumping or causes an accident. If you catch a dumper in the act, call the Police Department.

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