Right-of-way is an interest in property either owned in fee or as an easement transferred through grant, prescription, dedication, or the right of Eminent Domain. The county uses road right-of-way to construct, operate, and maintain public infrastructure, including but not limited to; the roadway surface, support shoulder, cut and fill slopes, ditches, traffic signs and signals, and drainage facilities. Public use of right-of-way includes direct and indirect benefits, such as providing mobility and containing utility systems.
Determining County Right-of-Way Width
In most cases, right-of-way width is greater than the surface of the roadway and it does not end at the edge of pavement or back of curb. The county does not have right-of-way maps; however, by following these steps, you should be able to find the various documents necessary to locate right-of-way:
- Hiring a professional land surveyor to locate or set property pins is the most accurate way to pinpoint county right-of-way.
- A survey of the property should show existing property pins and the right-of-way line.
Vacating County Rights-of-Way
Property owners may work with the county to remove or "vacate" public right-of-way. Application for vacating rights-of-way is part of the Development Process. For more information, contact Planning and Zoning.
In addition to acquiring the proper permits, always verify the right-of-way line location before installing a fence or landscaping to ensure that it will be on your property. In special circumstances, the county may issue a License Agreement (PDF) for private improvements, such as Homeowners' Association signage, in county right-of-way.
Signs are not allowed in county right-of-way (see Zoning Resolution Section 11.B).
Land Development Regulation
Right-of-way for Jefferson County street-widening projects that was purchased from previous or current landowners on or after June 7, 1988, is subject to Section 33.A.7 of the Land Development Regulation.