Right of Way Information

Project Within Right-of-Way

Don’t forget to contact the Road Department before starting any home improvement projects within the road right-of-way. The right-of-way is typically the strip of turf between the curb line and the back side of the sidewalk or, in most cases, roughly 10 feet from the curb line if your neighborhood does not have sidewalks. The most common projects that include the installation or replacement of curb/gutter, driveway apron, driveway culvert and sidewalk do require an “Excavation Within Township Right-Of-Way” permit to perform work within the road right-of-way. An approved permit form and coordination with a Miami Township inspector is required before work within the right-of-way commences. Applicants are also required to contact OUPS prior to performing excavations to ensure public utilities are not damaged.

Permits and construction requirements can be obtained at 10891 Wood Road.

Large landscape plantings and large hardscapes shall be placed out of the right-of-way to avoid view obstructions and potential damage to vehicles and to underground / overhead utilities. Lawn irrigation systems, athletic or recreational equipment and barrier fences are not permitted within the right-of-way. Driveway installations located out of the right-of-way do not require a permit by Miami Township. Mailbox installations do not require a permit, but the property owner is responsible for ensuring all utilities are not damaged during the installation process. Obstructions to storm water drainage systems are not permitted. All obstructions and nuisances within the right-of-way shall be removed by Ohio Revised Code 5543.14, 5571.14 and 5589.06.

Applying for a Permit

Applications for Excavation Within Right-Of-Way Permit can be obtained from Public Works at the above address or a PDF version may be downloaded from this website. Applicants must provide proof of liability insurance and a performance surety bond in the total amount of no less than $2,500.00, depending on the total estimated cost of the work. Construction drawings may be required as determined by Miami Township. 

Property owners choosing to complete work without hiring a contractor are not required to submit a surety bond unless the proposed work includes an open cut across the roadway. Other requirements for property owners include proof of homeowner’s liability insurance and compliance with all other terms listed in the application. It is strongly suggested that residents who do choose to hire contractors for work have the contractor take out the permit to avoid potential problems if work does not pass Township inspection. 

Permit Fees

Miami Township does not currently charge a fee for completing the excavation permit and does not charge for inspection services. Surety bonds are required by contractors at the contractor’s expense and are held for a period of one (1) year from the construction completion date.

General Specifications

A list of general specifications can be printed or viewed in the pdf below. Miami Township can provide more detailed information or ODOT construction specifications if needed. The applicant is responsible for securing the work site and responsible for installing regulatory traffic control devices if work extends into the roadway or obstructs the public sidewalk. Traffic shall be maintained at all times and closing the entire roadway is prohibited. The applicant shall notify Miami Township if individual lane closures are anticipated. Please contact the Public Works Department for questions. 

Driveway Culverts

Property owners may submit an “Excavation Within Township Right-Of-Way” permit to install or replace a culvert tile prior to the installation of a property’s access drive to avoid the obstruction of storm water along a Township road. Specifications for materials and installation methods can be viewed in the attached “General Specifications”. A Township inspector shall oversee the work and the property owner is responsible for installation, continued maintenance and replacement of the tile. The property owner shall provide routine cleaning of the tile to avoid the obstruction of storm water flow.

Public Utility Improvements

Approved construction drawings required for right-of-way utility work and roadway cuts. All utility services shall be placed at a minimum of thirty (30) inches below grade unless an alternate depth is approved by Miami Township. Pushing, boring or jacking work under roadway shall be required for streets improved within past 5 years. Open trenches and/or roadway cuts shall be properly barricaded during construction to ensure public safety. 

Proper Ohio Manual of Uniform Traffic Control Devices shall be used for all work within roadway. Traffic flow shall remain open at all times and applicant shall be responsible for proper flagging during lane restrictions. All lanes of traffic shall be open by the end of each work day and obstructions shall be properly protected. Trench backfill shall be a compacted granular material and finished area shall be restored to original grade. Miami Township shall inspect base material compaction prior to the asphalt application. Roadway cuts shall be straight, restored to original roadway profile and original roadway composition. Cold mix asphalt is not an acceptable permanent repair material. The applicant shall be responsible for correcting settling of construction area. Roadway cuts shall be bonded for a period of one (1) year from the completion of work.