Occupation of Public Right of Way

To clarify limits on the use of dedicated right of way and to alert private property owners of the absence of a public responsibility for any damage to private improvements, including underground facilities, within such right of way.

Rationale for Policy

Public safety considerations and governmental responsibility for the maintenance, control, and use, of public streets and other right of way improvements (sidewalks, fire hydrants, parkway trees, signs, etc.) require that the Village limit the actions of private property owners or other parties in altering the right-of way through landscaping, curb cuts, construction (above or below ground), the placement of obstacles, or other encroachments.

Where a private party elects to proceed with any such work, even though legally permissible, and where such privately placed or constructed improvements are damaged or destroyed, the community as a whole should not be liable to that party for repairs, replacement, loss of value or in any other way, even if such damage results from Village government activities.

Policy Statement

  1. Private property owners desiring to plant trees or other landscaping within the public right of way shall obtain prior written approval from the Village Forester.
  2. Private property owners desiring to construct decorative adornments or to place other above ground obstacles within the public right of way shall first obtain the written approval of the Public Works Director.
  3. No person-shall alter the color of a fire hydrant, move or deface a sign, or otherwise tamper with or damage public property within a street right of way.
  4. Private property owners desiring to construct improvements, either above or below ground, within a public right of way, shall first obtain the written approval of the Public Works Director.
  5. The Village shall not stand liable for any damage to above-ground or below-ground improvements or landscaping within a public right of way, even where such items are damaged or destroyed by Village field operations or other governmental functions. In particular, the Village assumes no responsibility for damage to underground sprinkling systems, whether or not the locations of same have been communicated to the Village.