Encroachments & Work in the Public Right-of-Way

Work performed within the City of Hendersonville public right-of-way requires review and approval by the Public Works Department.

The public right-of-way generally includes:

• Streets and alleys
• Sidewalks and curb ramps
• Shoulders and roadside ditches
• Utility corridors
• Storm drainage infrastructure

Any work within these areas must be coordinated with the City to ensure public safety and protection of City infrastructure.

What Is an Encroachment?

An encroachment is any work, construction activity, or temporary use occurring within the public right-of-way.

Examples include:

• Utility installation or repairs
• Driveway construction or modification
• Sidewalk or curb work
• Storm drainage installation
• Temporary construction entrances
• Street, lane, or sidewalk closures
• Placement of construction equipment or materials within the right-of-way

Encroachments require City review to ensure compliance with safety standards, accessibility requirements, and the City’s construction standards including the MUTCD and Public Rights-of-Way Accessibility Guidelines (PROWAG).

When Is an Encroachment Application Required?

An Encroachment Application (EA) is required whenever work occurs within the City of Hendersonville public right-of-way or when connecting to City infrastructure.

The public right-of-way typically includes streets, sidewalks, curb and gutter, roadside ditches, utility corridors, and drainage infrastructure.

Examples of work that typically requires an Encroachment Application include:

• Construction of a new driveway or modification of an existing driveway connecting to a City street
• Installation, repair, or replacement of water, sewer, gas, electric, fiber, or telecommunications utilities
• Sidewalk, curb, or gutter construction, demolition, or replacement
• Storm drainage installation or repairs within the right-of-way
• Temporary construction entrances connecting to a City street
• Street cuts or pavement repairs within the roadway
• Lane, street, or sidewalk closures required for construction activities
• Placement of construction equipment, dumpsters, cranes, or materials within the street or sidewalk
• Any excavation within the public right-of-way

If you are unsure whether your project requires an Encroachment Application, please contact Public Works before beginning work.

Additional Applications That May Be Required

Some encroachment projects require additional applications depending on the type of work being performed.

Driveway Construction

If your project involves constructing or modifying a driveway connection to a City street, a Driveway Permit Application must be submitted with the Encroachment Application.

Examples include:

• New residential driveways
• Commercial driveway entrances
• Modifications to existing driveways
• Temporary construction entrances

Link to the ➡ Driveway Permit Application Complete, Print, Attach to the EA application online.

Driveways must comply with City Standard Details and Public Right of Way Design Guide Manual for width, slope, drainage, and visibility.

Link to the ➡ Encroachment Permit Application

Street, Lane, or Sidewalk Closures

If construction activities will restrict or close:

• A travel lane
• A full street
• A sidewalk
• A bike lane

a Street / Lane Closure Application is required.

Traffic and pedestrian control plans must comply with the Manual on Uniform Traffic Control Devices (MUTCD) (Pedestrian layout page 917) and City standards.

Link to the ➡ Street / Sidewalk Closure ApplicationComplete, Print, Attach to the EA application online.

Approved traffic control devices and signage must be used during construction.  

Link to the ➡ Encroachment Permit Application

Community Development Permits

Some projects may also require permits through the Community Development Department in addition to the Encroachment Application.

Examples may include:

• New building construction
• Site development projects
• Land disturbance or grading activities
• Zoning compliance permits

When applicable, the encroachment review will be coordinated with Community Development to ensure all required approvals are obtained.

Before Submitting an Encroachment Application

To avoid delays in review, applications should include:

• A clear description of the proposed work
• Project plans or sketches showing the location of work within the right-of-way
• Traffic control plans when lane or sidewalk closures are required
• Driveway Permit Application (if applicable)
• Street or Lane Closure Application (if applicable)

Incomplete applications may delay approval.

Encroachment Review Process

Most encroachment applications follow the process below:

1. Application Submission

Submit the Encroachment Application with supporting documents and plans describing the proposed work.

2. City Review

City staff review the request for:

• Compliance with City construction standards
• Traffic safety considerations
• Accessibility requirements under PROWAG
• Protection of utilities and existing infrastructure

Additional information may be requested during review.

3. Permit Approval

Once approved, the City will issue an Encroachment Permit outlining:

• The approved scope of work
• Traffic control requirements
• Inspection requirements
• Restoration requirements

Construction and Inspection

All work must be performed in accordance with the approved permit and City standards.

City inspectors may inspect work within the right-of-way during construction.

➡ View Types of City Inspections

Restoration

The applicant is responsible for restoring any disturbed areas including pavement, sidewalks, landscaping, and drainage infrastructure.

Important Notice

Work performed within the public right-of-way without an approved encroachment permit may be required to be removed and replaced at the applicant’s expense.

All required inspections must be scheduled with the City prior to covering or completing work.

Common Mistakes That Delay Approval

The most common reasons encroachment applications are delayed include:

• Incomplete applications or missing project descriptions
• Missing site plans showing the exact location of work
• Failure to include a Driveway Permit Application when constructing a driveway
• Failure to include a Street or Lane Closure Application when traffic will be affected
• Missing traffic control plans for lane or sidewalk closures
• Plans that do not clearly show the limits of work within the right-of-way

Providing clear information and complete documentation with the initial application helps the City review and approve projects more efficiently.

Contact Information

Link to the ➡ Encroachment Permit Application

Public Works Department
City of Hendersonville

Operations Center
305 Williams Street
Hendersonville, NC 28792

Phone: 828-697-3084

For questions regarding encroachments or work within the public right-of-way, please contact the Public Works Department before beginning work.