Listed in Road Maintenance
Before your crew drops the blade, rolls out the compactor, or breaks ground on that drainage fix, it’s critical to ask one key question: Are we within the town’s legal right-of-way (ROW)?
Too often, highway departments rely on outdated assumptions or tax maps to determine where their legal boundaries lie. But here’s the hard truth: you can’t build, dig, or disturb land that falls outside the town’s deeded ROW without securing the proper easements. And doing so can land your department in legal hot water - fast.
What Is the Right-of-Way, Anyway?
In short, the right-of-way is the strip of land the town legally owns or has an easement to use for public road purposes, such as pavement, ditches, culverts, signage, and shoulders. The ROW width varies by road, and while a standard might be 3 rods, what’s actually deeded to the town might be less, or more.
Here’s the catch: just because your crew has always mowed or dug a certain area doesn't mean the town has the legal right to do so. Usage over time doesn’t necessarily equal ownership. Often times, if you have maintained an off-pavement area for ten or more years without written objection of the property owner, you can consider that to be the municipality's right-of-way, but that should not be considered carved in stone. Always consult with legal counsel.
Tax Maps ≠ Legal Boundaries
It’s a common misconception that tax parcel maps are a good reference for ROW limits. While they’re helpful for general layout, tax maps are not surveyed documents and often lack the precision needed for ROW determination. They may show approximate road widths or town ownership, but they do not reflect the actual deeded boundaries.
Why It Matters
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Excavation or trenching outside the ROW could be considered trespassing on private property.
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Installing permanent infrastructure like culverts, pipes, or signage on land the town doesn’t legally control can expose your municipality to liability.
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Landowners can demand removal of unauthorized work or take legal action.
Best Practices Before You Dig
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Confirm the ROW width using filed deeds, maps from the town clerk or highway department, or a licensed surveyor’s records.
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Avoid relying solely on “that’s where we’ve always worked.”
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Work with legal counsel or the town engineer when the ROW is in question.
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Secure temporary or permanent easements before extending drainage systems or making improvements beyond the ROW.
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Mark ROW lines on project plans and share them with your crew.
Don’t risk a project getting stalled - or worse, ripped out , because of an avoidable mistake. The bottom line is this: make sure your department knows where the ROW ends before the digging begins. The laws may vary a bit by state, but the principle is universal: stay in your lane, literally and legally.