Are you getting ready to start a construction, renovation, or land development project in the D.C. metro region, Virginia, or Maryland? Before you break ground, there’s a crucial step you likely need to take: obtaining a right of way permit. This essential document ensures your project complies with local building codes and land use regulations. However, right of way permitting can be complex and time-consuming—that’s where DFM Development Services comes in.
In this guide, we’ll break down right of way permit requirements in Washington, D.C., Arlington County, VA, and Montgomery County, MD — three jurisdictions where we frequently assist clients. These examples illustrate how we support permitting needs across the region. We’ll also explain why expediting the process and completing thorough ROW permitting due diligence can save you time, money, and legal headaches. Additionally, we will highlight the city’s role in overseeing compliance with local ordinances and maintaining the integrity of public infrastructure.
What is a Right-of-Way Permit?
A right of way permit grants permission to temporarily use or impact public property, such as roads, sidewalks, or utility corridors, during construction or development. These permits are typically required when your project involves:
- Utility installation or relocation
- Sidewalk or road closures
- Excavation within public property
- Infrastructure upgrades near public land
Without the proper right of way permitting, you risk project delays, fines, or noncompliance with jurisdictional requirements. That’s why it’s critical to understand the rules, or better yet, work with experts who can handle the permitting process for you.
Types of Right-of-Way Permits
The city issues several types of right-of-way (ROW) permits for work that impacts public streets, sidewalks, or utility corridors. These permits help ensure safety, minimize disruption, and keep all work in compliance with local ordinances.
1. Construction Permits
These are required for projects that involve building or altering structures within the public right-of-way. Examples include:
- Constructing new buildings that border or encroach on public land
- Modifying curbs, gutters, or retaining walls
- Performing structural repairs near sidewalks or roadways
2. Excavation Permits
An excavation permit is necessary when digging into the public right-of-way. This may include:
- Trenching for foundation work or utility installation
- Roadway cutting for access to subsurface infrastructure
- Soil removal or grading within public easements
3. Utility Installation Permits
These permits apply to the installation, maintenance, or relocation of utilities such as:
- Water, sewer, and storm drains
- Electrical, gas, and telecom lines
- Conduit installation beneath streets or sidewalks
4. Private Property Impact Permits
When work on private property affects the right-of-way—like installing a new driveway, sidewalk, or connecting to public utilities—property owners may need a ROW permit to proceed.
Right-of-Way Permits in Washington, D.C
Washington, D.C. defines public property as all publicly-owned property. The public property captures all the property between the property lines on a street, including but not limited to alleys, sidewalks, tree spaces, and roadways.
Closely associated with the right-of-way requirements is right-of-way work. Right-of-way work refers to any construction taking place near or on public property.
Contractors, developers, and property owners must closely follow Washington D.C.’s right-of-way permitting rules and regulations.
Key considerations for right of way permitting in D.C.:
- In Washington, D.C., contractors are confined to certain obligations when using land or spaces identified or recognized as the right-of-way.
- No owner or occupier of land is required to erect buildings or many other adjustments in spaces recognized as public.
- Any work that is conducted in an area recognized as a right-of-way shall require a street-use permit to show that the contractor has obtained consent from State authorities to pursue any construction, adjustment, amendments, or raze of any part of a building sitting on the right-of-way.
- Contractors are responsible for maintaining safe and uninterrupted traffic flow while working in the right-of-way.
- The objective of the right-of-way laws and regulations is to ensure that contractors, whether public or private, do not inhibit the free and safe movement of people and traffic when conducting their construction projects.
Right-of-Way Permits in Arlington County, VA
Just like the District of Columbia, Arlington County has detailed regulations surrounding right of way permits, particularly for excavation and street closures.
Important requirements include:
- Unless otherwise permitted, no contractor shall pursue construction or adjustment projects beyond standard operating hours, which are Monday through Friday from 9 am to 4 pm.
- Work is strictly prohibited during commuter rush hours which range from 7 am to 9 am and from 4 pm to 6 pm.
- The laws further provide that any excavation work in the Arlington County right-of-way must be conducted by a licensed permit holder. The contractor must be a licensed permit holder with a Class A, B, or C permit.
- Contractors are required to submit a transportation right-of-way application to construct, raze, repair, or excavate lands located in the right-of-way.
- The application for the right-of-way must be submitted within a minimum of five days before the commencement of the project.
- The guidelines provide that if work activity on the sidewalk or street closures will preclude access to businesses or homes, the contractor must submit a letter via mail before the start of the construction project.
The Arlington County right-of-way guidelines provide that all contractors responsible for intercepting public spaces must meet the underlying guidelines before the commencement of projects.
Right-of-Way Permits in Montgomery County, MD
In Montgomery County, the Department of Permitting Services (DPS) oversees the right of way permitting process.
Key rules include:
- All contractors must review ePlan submittal requirements for the public right-of-way.
- The right-of-way regulations apply to all construction work zones that affect or inhibit public land use and which are related to easing public improvement.
- The Montgomery County Department of Permitting Services absolves itself from any damages that may occur to a utility resulting from routine right-of-way roadside maintenance.
- Contractors responsible for all private construction projects must adhere to the laws and regulations governing the right-of-way land before, during, and after any construction, excavation, and maintenance projects.
Why Expedite a Right-of-Way Permit?
Expediting your right of way permitting process provides several advantages:
- Saves time: Skip the research and red tape—our team handles it all. Expediting the permitting process ensures that all necessary steps are accomplished efficiently.
- Reduces risk: Our ROW permitting due diligence ensures nothing slips through the cracks.
- Avoids delays: Faster approvals mean your project stays on schedule.
- Saves money: Avoid fees, rework, and lost time due to permit issues. Understanding critical timelines and restrictions can help avoid delays and additional fees.
Partner with DFM for Right-of-Way Permits in D.C., VA, and MD
Luckily, DFM Development Services enables developers, contractors, and property owners to navigate the complex paperwork for right-of-way permits. We do our due diligence on your commercial project and identify any relevant documentation required for right-of-way permit approvals.
Contact us for right-of-way permits in D.C., VA, or MD. Visit our website to see a complete list of jurisdictions we work with.
