Typical Permits and Key Points

Construction, Maintenance and Utility ROW Permits - General

• Applicants should obtain Permits and Pay Fees prior to work. Check, cash or credit.
• Applicants should use Right of Way and Utility Permit Application Guide(PDF, 150KB).
• City Standard Provisions apply to all permits.
• City Technical Standards & Details for construction are available for download or printing.
• The installation of roadways, curbing, drainage pipes, sidewalks or structures may require engineering analysis and design.
• A Permittee impacting other public services or affecting egress shall provide necessary notifications to the public, emergency services and utility companies.
• Permittee is responsible to avoid damage or scaring of pavement, curbing, bricks, sidewalks, plazas, drainage structures and features, street lighting or furniture, landscaping, etc.
• Permittee shall restore all items in a timely manner.
• Significant construction or utility installation projects may require submission of technical drawings with a plan review up to 30 days.

Right of Way Permit Fees

• Utility Mains/Utility Services: $30
• Sidewalk Closure/Crane Lifts: $30
• Road Closure: $80
• Driveway: $110
• Dumpsters/Storage Containers: $20
• Oversize/Overweight: $40
• House Move: $100
• De Minimis Encroachment: $120
• Demolition/Landscaping/Irrigation: $10
• ROW Staking (Fence): $20
• Open Cut Fee (Long Term Resurfacing Fee): $325/each cut

Construction or Replacement of Driveways, Sidewalks, and/or Curb & Gutter

• Applicants should use Right of Way and Utility Permit Application Guide(PDF, 150KB) .
• Construction drawings, details and survey layout may be needed.
  • New asphalt driveways and/or resurfacing of existing asphalt driveways are prohibited.
• Meters, vaults, valves, fire hydrants etc. shall not be located in driveways, curbs or sidewalks.
• For driveways or sidewalks requiring Survey assistance:
  • A City Survey Crew will mobilize within 5 days of a completed application to stake out the alignment & elevations.
  • Next step is for Contractor to build concrete forms, based on Survey stake out.
    • Contractors utilize the wooden stakes and/or marking paint, which indicate right of way alignment, elevations, etc.
  • Contractor calls Construction Inspector for a concrete form and subgrade inspection, typically within 2 days after the inspection is requested.
  • Once the concrete forms have been approved by the Inspector the concrete may be poured, based on City Standards for Class B concrete, 6” thickness, joints and finish, etc.
  • Once the concrete is poured the Contractor shall collect and share trucking tickets and call for a final compliance inspection.
  • Driveways with drainage pipe require additional inspection and stake out.
    • City Surveyors will stake out alignment, invert elevations, and size the drainage pipe. City Inspectors are required to inspect the pipe, before the pipe is covered with earthen material.

Temporary Closure of Public Road, Sidewalk, or Parking Space Due to Construction Activity

• Applicants should use Right of Way and Utility Permit Application Guide(PDF, 150KB).
• Work Zone access and safety to be established. Traffic & Pedestrian Control Plans shall be in accordance with either MUTCD or NCDOT Standards.
  • Applicant shall provide diagrams, sign types and locations, standard details, or engineered plans depending on the scope. Consider work space required on sidewalk, shoulder, parking spaces, driving lanes or full roadway.
• Typically, in downtown, occupation of parking spaces for construction requires coordination with Park Wilmington at 910.762.5678 and City Parking Management.
  • Pay fees associated with the temporary occupation or removal of parking meters. 48-hours advanced notice for bagging of meters is preferred. When needed, Park Wilmington can remove the meter head and sleeve, while the Permittee is responsible for parking meter posts affected by the construction.

Utility Installation and Excavations

• Applicants should use Right of Way and Utility Permit Application Guide(PDF, 150KB).
• A Utility Work permit will include Open Cut fees when installation requires excavation(s) within the paved portion of a street.
• City owned roadways: $325 Open Cut/each
  • Permittee shall be subject to City Street Cut Policy and Materials Testing Policy for excavations and asphalt restoration, etc.

Construction Activity in the Central Business District

The following items shall be considered while working within the downtown business area.

Activities that Do Not Need a Permit

• Window washing (using ladders)
• Intermittent loading/unloading of materials
• Painting (using ladders)
• Cleaning (must adhere to storm drain regulations)
• Hanging of street fair signs

Activities that Do Need a Permit

• Any street, sidewalk, or parking space closure
• Any erection of work bench or scaffolding
• Any masonry work (major or minor)
• Placement of any object that creates a trip hazard (including cords or hoses)
• Pressure washing (time restrictions)
• Replacement of windows
• Storage of building materials

Other Guidance

• Activities not needing a permit (above), shall still provide clearance and safety precautions for the travelling public, such as fall protection with barricades, cones, caution tape, etc.
• Any continuous roadway closure exceeding 1 hour in duration requires a permit.
• Scope of ROW closure request determines public notifications, public access and safety hazards to be addressed.
• Central Business District road and sidewalk closures for more than 30 days require written notification to the surrounding vicinity of the temporary closure.
• A 72-hour advance written notice equal to three business days (Monday-Friday), not including holidays, will be issued to affected property owners by the Permittee.
• Significant impacts or projects creating traffic concerns may require development of Special Conditions.
• Projects with utility work will be required to submit engineered plans, with an emphasis on position of existing structures and new structures in pedestrian zones and conflicts with existing utilities.
• Within the Historic District, Permittee shall determine and obtain any Certificate of Appropriateness (COA) as needed prior to work.
• Occupation of parking spaces requires coordination with Park Wilmington and City Parking Mgmt.

Signs and Awnings

• Signs or Awnings protruding into the ROW are generally allowed within a CBD or UMX zone only, and installation requires a ROW permit.
• Additionally, a De Minimis Encroachment agreement shall be signed by the building owner.
• Submit a ROW permit and De Minimis Encroachment Form, in addition to Zoning Permit.
• Provide dimensions, specifications, attachment details and engineered wind load calculation.
• Provide all other permits such as a Building or Certificate of Appropriateness (COA).

Oversized - Overweight Vehicles

• An NCDOT Permit must be obtained and submitted with City ROW Permit Application.
• Applications shall include brief description of planned route, site map, and any site loading or unloading delivery methods impacting public streets and City ROW.
• City Permit application shall be submitted 10 days minimum in advance.
• City Permit issuance is based on the NCDOT Oversize – Overweight Permit Handbook.
• Transporters shall have verified route for legal truck designations, road widths, turning radii, intersection take overs, escort requirements, clearance from overhead wires, trees, signals, bridges, road/bridge weight limits, culvert weight capacities, etc.
• Application shall account for capacity of City of Wilmington local Access Controlled Streets and culverts.

House Moving

• Permit application shall be submitted 10 days minimum in advance. 30 days is required when City resources are requested.
• City resources may be provided for route clearance.
• Permit issuance is based on the NCDOT Oversize-Overweight Permit Handbook.
• Transporters must have verified route for legal truck designations, road widths, turning radii, intersection take overs, escort requirements, clearance from overhead wires, trees, signals, bridges, road/bridge weight limits, culvert weight capacities, etc.
• Application shall verify capacity along route for Local Access Controlled Streets.
• Completed applications will be reviewed on a case by case basis.

Building Material Storage

• Applicants should use Right of Way and Utility Permit Application Guide(PDF, 150KB).
• An existing conditions survey/photo is needed.
• Information required for a permit include, but not limited to the length of time and types of materials to be stored.
• Appropriate public notification, public access and safety hazards must be addressed.

Temporary Mobile Storage Units (Pods)

• Applicants should use Right of Way and Utility Permit Application Guide(PDF, 150KB).
• An existing conditions survey/photo is needed.
• Information required for a permit include, but not limited to the length of time and types of materials to be stored.
• Appropriate public notification, public access and safety hazards must be addressed.

Temporary Placement of Trash Dumpster

• Applicants should use Right of Way and Utility Permit Application Guide(PDF, 150KB).
• The City requires permit to be issued to the owner of the property.
• Information required for a permit include, but not be limited to photos of the area, size of dumpster, location of the dumpster, length of time the dumpster will remain in place. In the downtown area, details for alternate methods are required.
• Dumpsters shall have reflectorized signs/tape and surrounding traffic control (cones, etc.) as necessary to protect public safety. Dumpsters are prohibited within the sight distance triangle on public corners and any location that creates a public safety hazard.
• Maximum dumpster size permitted within the public right-of-way is 8 cubic yards. Eight cubic yard dumpsters are permitted because they fit within the confines of a parking stall or equivalent area.
• Construction dumpsters are prohibited in front of or near restaurants and other businesses, to maintain access and ambiance within the Central Business District.

ROW Staking (Fence or Wall Construction)

• The City of Wilmington does not issue ROW permits for the installation or encroachment of private fences or walls onto the City Right-of Way.
• For installing a fence or wall, a resident may request assistance from City surveyors to locate the right-of-way line only (no property corners). Allow 5 business days.
• Resident shall follow the proposed guidelines in City Code Ch 18, Article 11, Sec. 18-554 and Sec 18-556 to ensure correct placement, size, height and type of fence.

Prioritization of Applications

Please Note: The City of Wilmington understands that each application deserves careful attention. To help the applicant through the process, City staff will review applications for completeness prior to a full technical review. Staff will work to meet typical turnaround times and shall generally prioritize applications based on the level of need. For example, emergency work vs. maintenance vs. new construction activities.