Get Smarter: Know Your Rights of Way

Revised June 2, 2024

“The public rights-of-way within the city, including highways, roads, and streets is necessary to public safety and the proper and efficient maintenance of the roadway” (Shorewood Ordinance Sec 901)

If you live on a public road, chances are that there is public-owned right-of-way on your property. Quite simply, right of way (ROW), in Shorewood, is a 5-10 foot strip of land that “buffers” the roadway surface from your property. In some instances, it may be a strip of gravel, or your lawn may go right to the edge of the roadway. Whatever the case, it is important for property owners to understand the parameters of ROW. There are clear restrictions on what an adjoining property owner can do with that property.

The blue line on this map shows the approximate ROW on the property

In simple terms, the ROW allows for utilities, above and below ground, roadway maintenance, snow storage and construction use for road repairs. Over the years, residents have built fences, play structures or retaining walls, and placed boulders and trees in the right of way.

The difference between “right of way” and “easement.”

Flash forward, when the street is being repaired, or in the recent examples of Glen, Strawberry and Birch Bluff, reconstructed, conflict arises as the property owners now have a monetary investment and sense of “ownership” in the ROW. As a result of the construction, they are required to “move it or lose it.” See “The Cost of Doing Nothing.

Shorewood Ordinance Sec. 901, Sud. 2, 4a & 4b clearly states allowable items are (1) mailboxes, (2) vegetative growth not to exceed 30” and (3) sprinkler systems by permit only.

Admittedly, Shorewood has not been proactive in managing its ROW. This has led to additional expense and tension when a snowplow hits a fence or is damaged from boulders, or again, at the time of any road construction.

What you can do: