Frequently Asked Questions

In the simplest of terms, the public ROW is the land that a public roadway lays upon, plus a little extra on either side. Public ROW does not necessarily always have a roadway within it--sometimes it is platted as such, but no roadway has been constructed yet. It is a corridor of land that the general public has the right to use for moving from one place to another, by both vehicular and pedestrian means, as allowed by law. The public ROW is also the place where public utilities as defined in NCGS 62 may install their distribution facilities (i.e. pipelines, communications lines, sewers, etc.). Public ROW is typically dedicated to an entity (in North Carolina, usually the state or a local municipality) in a plat (the document that subdivides a larger piece of property and draws new boundary lines, typically for developments) or deeded as a separate real estate transaction. Sometimes it is given to the entity accepting the ROW, and other times it is purchased by the entity. That receiving entity then "owns" that piece of ROW and it becomes part of the larger ROW network.

There can be several types of ROW within the Town of Hope Mills: state, town, and private. State ROW is maintained by the NC Department of Transportation (NCDOT). The town ROW is maintained by the Town's Public Works Department. Private ROW is owned and maintained by an entity other than NCDOT or the Town. This may be a single property owner, a home owners’ agency (HOA), or some other non-government entity.

Click Here for a map that shows the ownership status of all streets within Hope Mills.

Unfortunately, there is no "standard location" or rule of thumb of where the ROW line is. It is almost always NOT located at the edge of the roadway. It is typically anywhere from 5 to 20+ feet from the edge of the roadway in a residential area, likely extending up into where most people believe to be their property and/or yard. The location of the ROW line depends on how much public ROW was specified when the property was originally platted (that is, originally subdivided into lots) and where the roadway was actually constructed.

Sometimes there are visual cues to help approximate the ROW line such as sidewalk (the ROW is often at the edge of the sidewalk furthest from the road), utility poles (which are often located very near the ROW line), or a historical maintenance area (that is, where the Town or other entity has historically mowed or otherwise maintained the non-roadway area of the ROW). None of these examples are a surefire method of locating the ROW, but they can get close to an answer which may be good enough for most uses.

It is strongly recommended that property owners obtain survey (from a NC licensed surveyor) to determine the exact location of the ROW before doing any sort of costly or time-intensive work (i.e. fencing, significant landscaping, any hardscaping, irrigation, etc.). Items placed in the Town's ROW are subject to removal.

Please note that the Town cannot provide ROW locating for property owners.

The public ROW is intended for the general public to use for transportation and access purposes. In other words, it is for accessing properties which front the ROW, and for getting around by some means of transportation (including vehicles, bicycles, pedestrians/foot traffic, etc.). State law also requires owners of public ROW to allow public utility companies to build and maintain their networks within the ROW, with appropriate regulation and monitoring by the owner, as well as full restoration of impacted private properties. The ROW owner may regulate irregular use of the ROW, but it must generally be left open to the traveling public.

Some examples of uses not permitted within the ROW are:

• Landscaping (beyond mowing grass) including planting trees or shrubs
•  Installation of irrigation lines and sprinkler heads
•  Construction of structures, including decorative mailboxes (i.e. brick or other permanent hard materials)
•  Altering drainage flow (if there is a drainage issue, please see the stormwater page of the Town's website)

Yes. Please see the ROW Use Permitting page(Coming Soon)

Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement. An easement may be removed by the property owner if the user otherwise has no legal claim. Right-of-way removal is somewhat more difficult. Right-of-way is often used for utility placement but utility easements may not be used for public vehicular or pedestrian use. Right-of-way dedication is always made on a deed or plat while an easement may be written, verbal or implied.