The Cost of Reclaiming City-Owned Right-of-Way

Above: A trail crossing sign covered by ROW overgrowth, first reported to ClickFix in 2021, remains overgrown in 2023.)

The city has right-of-way (ROW) along almost every public street within its boundaries.  City Ordinance 901.01 requires the ROW to be clear of structures, boulders, fences and trees that obstruct the view for safe passage on the roadways. This criteria is clearly set out for the health, safety and welfare of anyone using the roadways.

July 2023 Shore Report article on right of ways falls short in laying out the facts.

How is it working? The city has not followed, nor enforced its  rules for decades.  The result of this negligence is the ROWs are overgrown and dangerously cluttered with obstacles ranging from large boulders to expensive landscaping. Eventually, taxpayers cover the cost of cleanup.

History proves that the cost is more than monetary.  There is an morale issue for city workers who attempt to clear a ROW and endure resident abuse.  Likewise there is emotion entangled in a resident’s response to losing trees or expensive landscaping that they have placed in ROW.

Break this down into dollars and cents, the taxpayers funded the removal of these obstructions during recent roadway projects.  Example:

• Glen Road $203,000+
  (source: City Council minutes, DRG contract approval, page 47)
• Strawberry Lane $72,000+ approx.
  (source: Preliminary estimates, p. 19)
• Birch Bluff $212,000+ approx.
  (source:  Scoping Document, p.  27)

The City policy is to act on a “complaint only” basis.  In this case, the City is expecting a resident to report to the City about City-owned property, while then expecting the City to enforce itself.   History shows this approach does not work. Compounding the problem, ROW submissions by residents made via SeeClickFix are often unresolved by city staff.

This is a clear safety issue for vehicles, pedestrians and bicyclists.

What you can do:

1. Know where the ROW is on your property and keep it clear.
2. Report to the City where you see safety issues or maintenance needed.
3. Follow up to completion.