What is the Right-of-Way (ROW) Permit needed for?

The Right-of-Way Permit allows an applicant to perform construction work within City Right-of-Way, City Easement, and City Property, which is typically the area 11 feet back of curb toward the property owner for right of way and 10 feet additional for utility easement. This includes (but not limited to) excavation for utilities, driveway approaches and sidewalk replacement.

• It is unlawful to break, damage, injure, or modify any paving/curb/gutter in the ROW. (Gardner Municipal Code 12.05.122)

• ROW permits will NOT be issued for storage containers or trash haulers placed in the street. (Gardner Municipal Code 12.05.123)

Permits are required for all work in the Right-of-Way except:

• Work that has been permitted under other city permits, which exempt ROW permit.

• Contractors working on construction or reconstruction of public improvement projects.

• Right-of-Way franchise agreement users performing routine service operations that do not require excavation/construction in the right-of-way and do not disrupt traffic flow.

Application Fees:

• $40 per parcel with a max permit charge of 30 parcels.

• Larger projects are subject to review, reasonable modification, and approval.  Larger projects are limited to a max of 300 parcels.

• No fee will be assessed for sidewalk replacement (but a permit and inspection is still required).

• Fees may be waived by the City Engineer under certain conditions.

Additional Requirements:

• All contractors need to provide a current certificate of insurance with the City of Gardner as certificate holder and additionally insured.

• A performance and maintenance bond of $5,000 per project (or cost of restoration if greater), or $50,000 renewable annually may be required.

Inspections:

• Permits will be inspected to ensure conformance to city/ADA standards and that acceptable restoration of the ROW is performed.

• Schedule form and restoration inspections at least 24 hours in advance.

• Adhere to City of Gardner’s standard details & drawings.

If you have any questions or to schedule an inspection on a ROW Permit please email engineering@gardnerkansas.gov