To apply for a right-of-way permit, please use our online permitting portal.
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 Jackson County 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.
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 obtain a Right-of-Way Permit and make repairs to bring the sidewalk back into compliance with City Code. For more information on sidewalk requirements, please email email@example.com.
There are two types of curbs: roll-back and square-back. Most areas have roll-back curbs. Some areas have no curbs at all.
Ditches are the property owner's responsibility to maintain. Re-grading ditches or any other construction on ditches in the right-of-way requires a Right-of-Way Permit.
Driveway pipes run underneath the property owner's driveway. Property owners are responsible for cleaning and maintaining these pipes. Driveway pipes are generally in the right-of-way, so replacement requires a Right-of-Way Permit. No permit is required for routine maintenance or cleaning of driveway pipes. Crossroad pipes run underneath city streets. City crews clean and maintain crossroad pipes.
These are areas where a 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.
The City maintains aesthetic standards for all new development and construction implementations. The goal of these standards is to create an enhanced environment for all those who live, work, play, and do business in the City of Independence.
Private property aesthetic standards are maintained in the Uniform Development Ordinance (UDO) located in Chapter 14 of the City Code. Aesthetic requirements are subject to applicable zoning standards and may vary from location to location. Private property construction, installations, and modifications are subject to applicable aesthetic standards.
In addition to the standards set forth by the UDO, any work to be performed in the public right-of-way requires additional permitting and review. The following aesthetic standards are set forth in the Chapter 17 Article 5 of City Code:
A full description of all requirements for activity and items located in the right-of-way is provided in Chapter 17 Article 5 of the Independence City Code.
The City of Independence is home to a rich history and environment. With this comes historic and environmental sensitivities. Construction within historically significant or environmentally sensitive areas (such as, but not limited to, the Historic Square, Englewood Arts District, places on the National Historic Register and/or Landmarks, and the Little Blue Valley) must maintain historical and environmental standards per applicable city, state, and federal requirements so not to disrupt the historical preservation or function of those areas. New construction or modification in identified areas may be subject to the review and approval. New appurtenances must be constructed in a manner that upholds the integrity of the historical or environmental nature of the surrounding area.