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Town requires right-of-way encroachment agreements

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WAKE FOREST — A new town of Wake Forest policy now requires residential and commercial developers and installers in the town’s right-of-way to submit a right-of-way encroachment application before beginning work.

The policy, which applies to all new and existing major and minor encroachments, is designed to ensure that there is no adverse impact to public safety or future road or utility needs.

Major encroachments include but are not limited to hardscape (pavers, fences, retaining walls); streetscape (benches, bike racks); landscaping (planting, irrigation); and utilities (stormwater devices, wells, grease traps, meter repair). Minor encroachments may include outdoor merchandise; street furniture (movable); and awnings.

Generally, the right-of-way is the strip of land the town maintains and owns, which includes the public road, sidewalk and utility corridor. While there are exceptions, the right-of-way generally extends past the sidewalk one foot toward the building or home.

Town officials say they will waive the encroachment application fees through the end of June. Beginning July 1, the residential application fee will be $25 and the commercial fee will be $50.

In order to complete the application, developers and installers will require insurance, drawings and applicable permits. Approved applications must be on file with the Wake County Register of Deeds.

If an encroachment agreement is not obtained, the encroachment is subject to removal.

For more information, and to access the major and minor encroachment applications, visit or contact Public Works Assistant Director Allison Snyder at 919-435-9585 or