NCDOT Encroachment Agreement Forms: What You Need to Know
If you`re planning to build or make changes to a property that is located near a state-maintained road in North Carolina, you may need to obtain an Encroachment Agreement from the North Carolina Department of Transportation (NCDOT). This agreement is designed to protect the safety of motorists and ensure that property owners don`t encroach on state-owned land.
What is an Encroachment Agreement?
An Encroachment Agreement is a legal document that allows property owners to make changes or improvements to their property that may encroach onto NCDOT right-of-way. This right-of-way is the land owned by NCDOT on either side of a state-maintained road. The agreement outlines the terms and conditions that must be followed by the property owner in order to obtain permission to encroach on this land.
What Types of Changes Require an Encroachment Agreement?
There are many types of changes that may require an Encroachment Agreement, including:
– Installing a fence
– Building a driveway or culvert
– Extending a porch or deck
– Adding a sidewalk or retaining wall
– Planting trees or shrubs
– Installing signs or banners
The specific requirements for obtaining an Encroachment Agreement will depend on the type of change being made and the location of the property.
How Do I Apply for an Encroachment Agreement?
To apply for an Encroachment Agreement, you will need to fill out the appropriate form and submit it to NCDOT. There are several different forms available, depending on the type of change being made and the location of the property. Some of the most commonly used forms include:
– Form E-590: Application for Encroachment on State Highway Right of Way
– Form E-592: Application for Permit for Access to State Highway Right of Way
– Form E-588: Application for Driveway Culvert on State Highway Right of Way
It`s important to note that there may be a fee associated with obtaining an Encroachment Agreement, depending on the type of change being made and the location of the property.
Why Do I Need an Encroachment Agreement?
Obtaining an Encroachment Agreement is important for several reasons:
– It ensures that your changes don`t pose a safety hazard to motorists. NCDOT has strict guidelines for how close structures can be to state-maintained roads, and obtaining an Encroachment Agreement helps ensure that your changes meet these guidelines.
– It protects you from liability. If someone is injured as a result of your changes, you could be held liable if you didn`t have an Encroachment Agreement in place.
– It ensures that you have the right to make changes to your property. Without an Encroachment Agreement, NCDOT could force you to remove any changes you`ve made to your property that encroach on state-owned land.
In summary, if you`re planning to make changes to a property located near a state-maintained road in North Carolina, it`s important to obtain an Encroachment Agreement from NCDOT. This agreement will help ensure that your changes are safe and legal, and will protect you from liability if someone is injured as a result of your changes. Be sure to carefully review the requirements for obtaining an Encroachment Agreement and submit all necessary forms and fees in a timely manner.