Construction in the right-of-way

Right-of-way refers to the City-owned portion of a piece of land. It is very often wider than the road and sidewalks that may abut your property and can extend to a considerable extent onto your property. The City maintains a right-of-way wider than the width of the road in the event that a road widening becomes necessary at some point in the future. 

Notwithstanding this, a property owner is still responsible for maintaining the City-owned portion of their land, with respect to matters such as grass cutting and snow clearance. The exact extent of the City’s right-of-way can be determined through a Plan of Survey and the City’s GeoOttawa program can provide a rough guide as to the exact extent of the right-of-way.

Right-of-Way Permit Office

The Right-of-Way Permit Office is responsible for the issuance of various permits for construction related activities within the City's right-of-way (ROW). When work occurs within the ROW, it has an impact on mobility within communities and around the city, including disruption to morning and afternoon commutes as well as access to local businesses and residences. It is vital that the City coordinate work within the right-of-way to minimize these impacts.

As a result of a report passed at Council on November 10th, 2021, several changes related to the Road Activity By-law (2003-445) and Encroachments By-law (2003-446) take effect as of January 1, 2022, including new fees and requirements for Road Cut Permits, Temporary Construction-related Encroachment permits, and pavement degradation fees. To consult that report, please follow this link: (stable link to Council report) (Council Agenda 64 Item 8)

City streets are essential for movement throughout Ottawa’s communities. Damage to asphalt roads and sidewalks make vehicle, cyclist and pedestrian movement more challenging, and hasten the need for repairs or replacement, and damage to grass and interlock boulevards impacts storm water drainage and the overall aesthetics of a neighbourhood.

Construction activities can present a risk of damage to the abutting street from such things as heavy machinery or material storage. The City collects a Right of Way (ROW) Damage Deposit where there is the construction of a new residential, commercial, or industrial building, or where construction activities on private property pose a risk of damage to the City’s ROW. The purpose of this deposit is to help guarantee that the City’s streets are left in, or returned to, their pre-construction state following completion of the project. In the event the City must repair or clean-up the street after construction, the ROW Damage Deposit will be used to fund this work.

The ROW Damage Deposit is being collected under the authority of the Road Activity By-law No. 2003-445. The ROW Damage Deposit does not apply to:

• project already subject to Site Plan Control or Subdivision approval
• where City staff determine there is no risk of damage to the abutting street.

Amount of ROW Damage Deposit

The amount of the ROW Damage Deposit is as follows:

• single, duplex and triplex dwellings: $3000
• semi-detached and townhouse: $3000 per unit
• commercial or industrial building: $3000

Please note, no further permits for work within the right-of-way will be approved until such time that the ROW Damage Deposit is submitted.

ROW Damage Deposit Administration Fee:

• Right of Way Damage Deposit Administrative Fee: $115.00
• NEW: Starting January 1, 2024, the application fee must be paid at the time of submission of the ROW Damage Deposit.

  Applications submitted before Jan 1, 2024, will have the administrative fee for the year that the deposit was paid deducted from their deposit return.

  
   
• The Administration Fee is to recover costs to the City of inspecting the ROW following the completion of construction works on private property to ensure there is no damage to the ROW. Following this inspection, the damage deposit will be returned.

Forfeiture of ROW Damage Deposit after four (4) years:

The ROW Damage Deposit is subject to a four (4) year forfeiture period. Where an inspection of the Right of way is not requested within four (4) years of the ROW Damage Deposit being submitted to the City, it may be forfeited to the City.
 

Before Beginning Construction

Before construction activities begin on the property, date stamped photographs recording the condition of the street should be taken. This helps to ensure a building permit holder is not held responsible for the repair of damage that existed before the project began.

If there is a need to store materials or stage construction activities on any part of the street, including the grass boulevard, or to construct temporary accesses to the property, the appropriate permits and approvals must first be obtained.

Please refer to the section on Temporary Construction Related Encroachments and Driveways.

During Construction

Throughout construction, care should be taken to keep the street, sidewalk and boulevard in a condition that allows for the safe passage of motor vehicle, cyclist and pedestrian traffic. The street, sidewalk and boulevard should be kept clean and safe at all times.

If there is any damage to the street, sidewalk and boulevard that must be repaired, a road cut permit must be obtained. This ensures the reinstatement of asphalt and sidewalks is done to City standards.

Prior to requesting an inspection

Ensure all construction works are completed on the property including any street, sidewalk or boulevard repairs. The ROW inspectors will be referencing the approved grading and servicing plan to conduct their inspection to return the ROW damage deposit.

Requesting an Inspection

To schedule an inspection please email developmentinspections@ottawa.ca with the following information:

• Address of the property in question
• Building Permit Number
• Contact information

Road Cut Resurfacing Policy [ PDF 363 KB ]

Where road cuts are made within the roadway pavement as part of the construction, alteration, addition to, or repair of a building including developments, utility and City infrastructure renewal there will be a requirement to resurface all of these road cuts as per the Road Activity By-law and the Road Cut Resurfacing Policy.

A resurfacing involves milling and paving the top 40 mm of asphalt to the limits directed by the City.

The Road Activity By-law sets out the reinstatement requirements for all road cuts within the ROW in the City. The Road Cut Resurfacing Policy clarifies when the City will require broader asphalt resurfacing beyond the limits set out in the R10 Standard Trench Reinstatement in Paved Surface detail, as authorized in the Road Activity By-law.

The Road Cut Resurfacing Policy focuses on the resurfacing of road cuts on the following three (3) circumstances:

1. Where there are multiple cuts associated with a development
2. Pavements three (3) years old or less and
3. for all Road Cuts, regardless of the age of the pavement, where the edge of the cut is within one (1) metre of a curb or edge of roadway

The Policy’s goal is to help establish the City’s expectations for resurfacing of road cuts. Road Cuts will be inspected as per the Road Cut Resurfacing Policy.

Link above elaborates on all cuts.

The information below is aimed on cuts as part of part of the construction, alteration, addition to, or repair of a building/development.

A property owner is required to resurface cuts within the roadway pavement when there are more than two of these cuts made as part of the construction, alteration, addition to, or repair of a building/development.

Where an existing service must be blanked within the roadway, this is included as a road cut.

When a resurfacing is required, each road cut within 12 metres of another road cut must be resurfaced together. The extent of the resurfacing will be to the nearest lane line, centreline or curb of each cut, as illustrated and detailed in Scenario 6 of the Road Cut Resurfacing Policy (Link above).

All applicants who submit a Site Servicing Plan as part of either a building permit or development application must identify the estimated area of all cuts within the roadway pavement, and if applicable, the area of resurfacing based on the above criteria. In preparing the Servicing Plan, applicants must identify as many utility services as are known, particularly those to be installed in, or removed from the pavement. Further information on how to prepare a Site Servicing Plan can be found at Planning Application Submission Information and Materials.

Where a resurfacing is required and the project is not subject to Site Plan Control or Subdivision approval, the property owner will be required to enter into a standard form agreement to provide the resurfacing, and post security with the City to guarantee it is completed. The amount of security is based on a rate $50.00 per square metre times the area to be resurfaced.

While City staff will work to identify the requirement for a resurfacing at the time of Site Servicing Plan review, the City can require a resurfacing at any time during the development project if more than two cuts are made within the roadway pavement. Therefore, it is to the benefit of the applicant to identify as many utilities services as possible at the time of Site Servicing Plan preparation to know the extent of any resurfacing requirements .

City Standards:

• Ontario Design Guidelines – Water Distribution
• Ottawa Sewer Design Guidelines
• MOE Stormwater Management Planning and Design Manual
• Servicing (Site) Guidelines
• City Specifications and Standards

By-laws:

• Pool Enclosure – No. 2013-39
• Private Approach – No. 2003-447
• Road Activity – No. 2003-445
• Sewer Connection – No. 2006-513
• Sewer Use – No. 2003-514
• Site Alteration – No. 2018-164
• Tree Conservation – No. 2009-200
• Water – No. 2013-360
• Zoning – No. 2008-250