Right of Way FAQ

The right of way is the area of land that coincides with all city maintained streets. This area includes the street and the tracts of land on either side of the street, generally a distance of 10″ to 12″ leading away from the back edge of the street or curb. The city holds rights to these areas to control the work done on and near the streets and utilities.

OR

The right of way is property controlled by the city for the use of the public as a way for traffic to travel. Traffic can mean vehicles or pedestrians. The right of way is the street, sidewalk, curb and gutter, alley, and/or lawns and landscaping. Note that the right of way is not just the paved portion but also the entire width from private property line to private property line.

A city right of way permit is required for work or activities in the right of way including maintenance or repair of existing facility, new construction, installation or repair of an underground utility, installation of planters, retaining walls, mailbox, newspaper box, irrigation system, landscaping or placing a construction waste container, etc. This permit lets the city know what work is being done and provides a way for it to monitor, coordinate, and inspect every aspect of the work.

Normally, the contractor performing the work applies for the permit. It is possible for a contractor to apply for a permit for work to be performed by subcontractors. This can minimize the number of permits required for large projects involving many subcontractors. All contractors applying for the permit, including city departments, must have the required paperwork.

Fees are determined by the work being performed and are due at the time the permit is issued. Here’s a copy of the Fee Schedule.

Applications must be submitted via the City of Winter Park Permitting Self Service.

Each request will be examined to determine if it complies with the provisions of the City of Winter Park code and adopted engineering and development standards.

1. Complete application on Self Service website
2. Upload the following documents:
   A. Statement demonstrating that the placement and maintenance of the proposed work will not
   – create visual blight;
   – pose a safety hazard to the traveling public;
   – diminish or interfere with the function, maintenance, or operation of the public right of way, public way or public property; OR
   – otherwise harm the health, safety or welfare of the community wherein the work is to be located.

   B. Approved traffic control plan (MOT – Maintenance of Traffic)

   C. Current liability insurance with the City of Winter Park listed as an “additional insured”
   – Commercial general liability limits $150,000/person & $600,000/occurrence
   – Automobile liability limits $150,000/person & $600,000/occurrence

Upon receipt of all criteria listed above, project review shall be acted on within 10 working days.

Please call the Public Works Department at 407-599-3233 or the Engineering Division at 407-450-0815.

All work in the right of way must be inspected. Please call the Inspection Line at 407-599-3350, 24 hours prior to Start-of-Work and Upon-Completion-of-Work.
Under the City Noise Ordinance, construction activity is limited to Monday through Saturday, from 7 a.m. to 7 p.m.
No construction-related noise is permitted on holidays or Sunday.