Right of Way Permitting

Sometimes called a driveway permit, culvert permit or utility permit, a Right of Way permit (ROW permit) is required to disturb, excavate, block, obstruct, tamper with or place any construction or other material on or in a city road, right of way, or easement (Section 744.110 Ordinance Code).

NOTE:

• If you are not sure if you need a right of way permit, go to our Who needs a right of way permit? web page for help.
• Before you spend any money on getting bonded and applying for a Right of way Permit, make sure the proposed work is actually in a city right of way or easement. You do not need a Right of way Permit from the city if you are working in a Florida Department of Transportation (FDOT) right of way, a private road, a private easement or in an easement that is not under city jurisdiction (JEA easements, conservation easements, etc.).
• Residential irrigation systems that extend into a city right of way or easement no longer need a Right of way Permit or a Revocable Permit; the work is covered under the required Plumbing Permit.
• Major Utility Construction (buried utility 1,000' or more in length) must go through a site development plan review before the right of way permit can be issued. Click the link above for details.
• Culverts 32 feet or more in length require a licensed underground utility contractor to install and are considered utility work for the purposes of a right of way permit.

Public Records Notice

AVAILABLE DOCUMENTS

Forms
Example ROW Surety Bond Form (original copy with raised seal required)
ROW Revocable Permit  (for Nonstandard Construction only)

Basic Drawings
Residential Asphalt Driveway (no culvert) 
Residential Asphalt Driveway (with culvert)
Residential Concrete Driveway (no culvert)
Residential Concrete Driveway (with culvert)

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RESPONSIBILITIES

Owner
The owner must insure that any work or materials storage within a city right of way or easement on his or her behalf has a valid city Right of way Permit.  If the proposed work includes any nonstandard construction, the owner must obtain a Revocable Permit before application of the Right of way Permit is made.

• The contractor performing the work must have a current Right of way Surety Bond on file with Development Services before applying for a Right of way Permit. 
• The contractor must have a valid approved Right of way Permit before performing the proposed work and must have a copy of it available for inspection during construction.
• The contractor must have an approved Maintenance of Traffic plan for any work or equipment storage that will effect vehicular or pedestrian traffic.
• The contractor must contact Sunshine State One Call of Florida before digging.
• The contractor must call the inspection on the Right of Way Permit or (904) 255-8310 before 8:30 a.m. on the days work is planned.

NOTE: If the owner plans on performing the proposed work, he or she is also considered the contractor and must adhere to all of these requirements.

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GETTING BONDED

With few exceptions, a Right of Way Permit can not be applied for or issued unless the contractor has a current Right of Way Surety Bond on file with Development Services. To receive a bond, you can take the example Right of Way Surety Bond Form linked above to a bonding agency or insurance company. Any insurance company capable of handling commercial accounts can help you. Have the bonding agency or insurance company complete the form and seal it.

We will need the original sealed copy of the bond for our files. We will provide you with a copy, if you need one.

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APPLICATION INSTRUCTIONS

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DRAWING REQUIREMENTS

The contractor will need two sets of drawings of the proposed work along with the completed Right of way Permit Application. The plans will need to show the horizontal location of the construction and any relevant existing and proposed vertical topographic elevations. Horizontal measurements need to tie to known points of reference such as the centerline, right of way line, or property line. Vertical elevations need to have a known benchmark for reference. The benchmark can be an assumed one.

Show method of 'tie-ins' to existing utility structures, as appropriate.

NOTE: The above are minimum requirements. Additional information may be required to ensure the reviewer understands the construction to be done.

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FEES

Permit fees are listed on the City Fees site. Permit fees are doubled if work is performed without a permit.

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WHERE TO SUBMIT

Submit permit applications and right of way surety bonds to:

Development Services Review Group
Customer Service Counter
214 N. Hogan St., Second Floor
Jacksonville, Florida 32202.
(904) 255-8310

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REVIEW PROCESS

Applications are processed a little differently depending on whether or not the project needs to be reviewed by our field personnel before the permit is approved for construction.
 

Field Review Not Required

The types of project that do not require field review include work that is included on an approved set of site development plans (include the City Development Number on the permit application), aerial utility work, replacement of existing pavement construction (driveway, sidewalk, curb & gutter, etc.), pavement construction in a subdivision that is less than five years old, and tree removal.

When the permit application is processed for these types of construction, the permit will be issued upon payment.
 

Field Review Required

The types of projects that require field review include minor buried utility work, pavement construction (driveway, sidewalk, curb & gutter, etc.) that is in a subdivision that is five years old or older, storm drainage construction, and landscaping.

When the permit application is processed for these types of construction, it and the drawings will be sent to the field office for that side of town. An inspector will visit the site and evaluate the proposed construction in relation to any existing obstructions. The inspector will also review the proposed construction for compliance with current City Standards. The inspector will then either provide the customer with review comments or approve the permit.

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CONSTRUCTION REQUIREMENTS 
Utility (Not Under Pavement)
Utility installations in ditch bottoms or swales, where unavoidable, shall maintain a minimum of 24 inches of cover. Installations in the side slopes of ditches or canals is not allowed. A minimum of 30 inches of cover for all utilities shall be maintained except as specified above.
 

Crossing Under Pavement
Cutting and city standard restoration of low traffic volume street pavements more than five years old and approved by the City Engineer will be allowed for crossing involving pipes, ducts or conduit of 4 inches in diameter or larger. Conduit less than 4 inches in diameter shall be driven or bore jacked under the pavement except as approved by the City Engineer.

Pipe crossings of all sizes under street pavements having high traffic volume or which are less than five years old since construction or resurfacing shall be accomplished by the process of pushing, boring and/or jacking. (Jetting is not permitted.)

Crossing under paved driveways and sidewalks shall be accomplished by either open cutting with city standard restoration or the process of pushing, boring and/or jacking as directed by the City Engineer.

Requirements for jobs involving longitudinal pavement cutting will be handled on an individual basis as conditions vary with each job.

All material (including cold mix) and equipment necessary for providing at least a temporary patch for the excavated pavement is to be on the job site before the pavement is disturbed and to be completed the same day of the pavement cut.

All restoration of the pavement shall be in accordance with the Department of Public Works, City standard paving repair details.

The temporary pavement repair is to be made in accordance with city standards (using cold mix) and to be completed the same day of the pavement cut.

The permanent pavement repair is to be made upon completion of the crossing and is to be maintained or replaced if necessary, by the permit holder on request of the City Engineer for a period of one year after completion of the job.
 

Traffic Control
Requirements from the manual on Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, prepared by the State of FDOT must be followed.

In the event construction or maintenance of utilities will affect normal traffic patterns — vehicular or pedestrian — full coordination with and approval of the Traffic Engineering will be required. A maintenance of traffic plan and its associated details will need to be submitted for approval.

When the construction or normal maintenance of a utility requires closing a traffic lane or in any way affects the normal traffic patterns during the peak traffic flow periods (7 a.m. through 9 a.m. and 4 p.m. through 6 p.m.) of any business day, permission must be obtained from Traffic Engineering. Proof of this permission must be on the job site at all times.

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DURATION OF PERMIT

Most Right of way Permits, once approved, are valid for six months. The exception is the Annual Maintenance permit which is valid for a year.  If needed, the contractor can request a six month extension from the city inspector for that area. Contact the Development Services office before the permit expires: (904) 255-8310.

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NON STANDARD CONSTRUCTION

Nonstandard construction includes anything placed inside a city right of way or easement that the city will not accept liability or maintenance responsibilities for. Types of nonstandard construction include:

• Brick Pavers
• Landscaping
• Monitoring Wells
• Yard Drains and/or Drainage Pipes
• Fencing
• Walls

This is not a complete list.  The City Engineer reserves the right to determine on a case by case basis what constitutes nonstandard construction.

Anyone wishing to do anything that is deemed nonstandard construction must obtain a Revocable Permit before applying for the required Right of way Permit. The Revocable Permit is basically an agreement between the owner and the city that specifies that the owner will accept all liability and maintenance responsibilities for the proposed construction.
 

Application Instructions (Revocable Permit)
The owner must fill out the shaded portions of the Revocable Permit linked above, sign it, and have it notarized. Please DO NOT edit the Revocable Permit application other than to fill in the needed blanks — if you wish to perform the work proposed, you must agree to the conditions as shown on the form.

The owner will then need to submit the original permit application along with drawings showing a plan view and, where applicable, elevation view of the proposed construction. Make sure to include the second page or General Provisions of the Revocable Permit application. This is what the owner is agreeing to.
 

Drawing Requirements (Revocable Permit)
The drawings will need to be on either 8 1/2" x 11" or 8 1/2" x 14" sized sheets so that they can be recorded with the Clerk of the Circuit Court. The plan view will need to show and adequately locate the proposed construction from known reference point such as the roadway centerline, right of way lines, or property lines. The elevation view will need to show the height or heights of the proposed construction. An elevation view is required only for items that rise above ground level such as landscaping, fencing, or walls.
 

Where to Submit (Revocable Permit)
The original completed Revocable Permit Application and the drawings will need to be submitted to:

Development Services Review Group
Customer Service Counter
214 N. Hogan St., Second Floor
Jacksonville, Florida 32202.
(904) 255-8310
 

Review Process (Revocable Permit)
When submitted, the permit is logged in and routed for review and signatures. The permit and plans require review and approval from three people: the Traffic Engineering reviewer, the City Surveyor, and the City Engineer. Once the reviews are done, the owner will either be provided with review comments or notified that the permit is approved and ready to be recorded. When the Revocable Permit is approved and recorded, then the Right of Way Permit can be applied for.
 

Costs (Revocable Permit)
The only cost incurred for the Revocable Permit is the cost to have the required documentation recorded with the Clerk of the Circuit Court. The documents that require recording are both pages of the Revocable Permit and the drawings. There is a Clerk office in the Ed Ball Building so you can have your documents recorded and immediately return to us for final processing and copies.

The cost of recording is listed on the Clerk of the Circuit Court Recording site.

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