Understanding the Town Right of Way
Many residents have questions about the area between private property and the street referred to as the Town’s right of way. Because this space blends seamlessly into front yards, it can be confusing to know where private property ends and Town responsibility begins. We hope this overview helps clarify what the right of way is and what it means for homeowners.
Ordinance & Permits
The Ordinance Concerning Rights of Way (Trustee Bill No. 2, Series of 2000) provides principles, procedures, and associated funding for the placement of structures and facilities, construction excavation encroachments and work activities within or upon any public right of way, and to protect the integrity of the road system. To achieve these purposes, it is necessary to require permits of permanent private users of the public rights of way, to establish permit procedures and to fix and collect fees and charges. Use the link below to learn more and apply for the permit.
Street Cut and Right of Way Permit
What is the Town’s Right of Way?
The right of way is land reserved for public use and access. In Columbine Valley, where there are no sidewalks, the Town’s right of way generally extends approximately 3 feet beyond the edge of the gutter pan into what may appear to be a resident’s yard. While homeowners often maintain this area as part of their landscaping, it remains public property.
Why does the Town have a Right of Way?
The right of way allows the Town and utility providers to safely access and maintain essential infrastructure such as streets, drainage, water and sewer lines, and underground utilities. From time to time, the Town may need to perform maintenance, repairs, or improvements within this area to ensure public safety and reliable services for everyone.
Landscaping and Plantings
Residents are welcome to landscape and beautify the right of way, with a few practical considerations in mind:
- Plantings should not block visibility for drivers, pedestrians, or emergency vehicles.
- A minimum 3-foot clear radius must be maintained around the entire circumference of fire hydrants.
- Trees and shrubs in the right-of-way may need to be trimmed or removed if they interfere with utilities, drainage, or street maintenance.
- Landscaping installed in the right-of-way is done at the homeowner’s discretion and may be disturbed or removed if Town or utility work is required.
Trees in the Right of Way
Trees located in the right-of-way are subject to Town oversight, even if they are maintained by the homeowner. The Town may prune or remove trees if they pose a safety concern, obstruct sightlines, damage infrastructure, or interfere with utilities. Residents are encouraged to contact the Town before planting new trees near the street to ensure appropriate placement.
Mailboxes, Columns, and Resident-Installed Lighting
Mailboxes, decorative columns, entry features, and privately installed lighting are commonly located near the street and sometimes fall within the right-of-way. While these features help define a home’s character, residents should be aware that:
- Structures or fixtures in the right-of-way must not create safety hazards or obstruct sightlines.
- Mailboxes and decorative features may need to meet placement and height standards to ensure safe delivery and roadway clearance.
- The Town and utility providers are not responsible for damage to private features located in the right-of-way if they are impacted during routine maintenance, emergency repairs, utility work, or snow removal.
Invisible Dog Fences and Other Underground Features
Homeowners who install invisible dog fences, irrigation lines, or other underground features within the right-of-way should be aware that the Town and utility providers are not responsible for damage to these items during routine or emergency work. We recommend keeping a record of their locations and clearly marking them when possible.
A Shared Space
A right-of-way is property interest held by the Town. In Columbine Valley, the area between a resident’s property and the street—which may blend seamlessly into the front yard—is the Town’s right-of-way. Essentially, the right-of-way is cared for by residents but reserved for public use when needed. This area plays an important role in maintaining safe and reliable infrastructure.
If you have questions about your property or are planning changes near the street, Town staff are always happy to help. A quick conversation ahead of time can often save time, expense, and frustration later.