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 has been collecting a Right-of-Way (ROW) Damage Deposit with every building permit application for the construction of a new residential, commercial or industrial building since September 2019.  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

• New Fee: Right-of-way Damage Deposit Application Fee: $115.00
• Fee is to recover costs to the City of inspecting works by permit-holders to determine if the damage deposit can be released as well as by Planning, Real Estate and Economic Development Department’s Financial Services Unit to hold the damage deposit.
• Note: The Right-of-way Damage Deposit is now subject to a four (4) year forfeiture period. A Right-of-way damage deposit that has not been requested to be returned within four (4) years of its receipt by the City will be forfeited to the City.

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

The need for the deposit and the amount shall be determined as part of the building permit application at the time of the review of the Grading and Servicing Plan.

The ROW Damage Deposit will be collected as part of the fees payable for the building permit.

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.

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 .

Information for applicants

Municipal Consent (MC) is provided by the City for a utility or applicant to occupy a specific location within the municipal right-of-way.  MCs are only issued to utility companies, commissions, agencies, and private applicants who have the authority to construct, operate and maintain their plant within the right-of-way.  This is established through legislation (Act), Agreement, or prior approval.  An MC gives a company permission to install or move facilities and is required when a road needs to be excavated.

All utility work (with some exceptions, please refer to Exemptions) with the ROW requires MC.  An MC is not required for infrastructure in the right-of-way that will be owned and operated by the City (see Utility Circulation below).

This is achieved by circulating drawing submission packages to other occupants of the ROW, (and other stakeholders as required), for comments and conditions that may be applicable to a given MC.

Beginning January 1, 2024, Municipal Consent permits will be valid for one (1) year following issuance. If required, an MC extension may be granted for thirty (30) days at the sole discretion of the City.  MC extensions must be requested while the MC is valid, otherwise, a new MC must be applied for.  Only one extension may be provided.

Exemption Guidelines are an approach to allow certain utility works to be exempt from MC circulation in order to expedite these works and to reduce the City’s administration requirements and costs. There are 3 categories of exemptions, which range from complete exemption (ie, no MC required) to a full circulation.  Conditions for exemptions vary through Core, Urban and Rural areas of Ottawa.  Works must comply with the Road Activity By-law, as amended.  For a copy of these guidelines, please email Utilitycirculations@ottawa.ca(link opens email application)

For work that is planned on City owned lands that are not ROW, please contact leasing-location@ottawa.ca(link opens email application).

For questions concerning potential contamination within the City’s ROW please send inquiries to eru-uae@ottawa.ca(link opens email application).

For Road Cut Permits, please see Road cuts.

For Temporary Construction Encroachment Permits, please see TCEs.

How to apply for Municipal Consent

Beginning February 2024, all applications must be submitted via the online application form below. Supporting documentation for an application must be combined into one ZIP file and be less than 20MB. If your ZIP is greater than 20MB, a link to ftp will be provided upon application receipt.  For any questions related to the online application form and circulation requirements submit an email to Utilitycirculations@ottawa.ca. Submissions must meet the City’s Circulation requirements, or they may be returned.

Once the application submission is received by City staff, it will be reviewed for completeness, and that all information required per the submission guidelines is included and correct.  The applicant will be advised either that more information is required, or that the submission is being sent out for circulation to the City’s review partners.  For a complete submission, this step should take 5 business days.

When the circulation is out for comment with external reviews, the timing for responses is out of the City’s control.  Each reviewing agency has their own methods and procedures for review.  A typical review may take 2-4 weeks, however, depending on the complexity of the application, review may take longer.

Shoring systems installed within the City’s Right-of-way require MC.  Shoring applications typically require more time.  Proponents are advised to apply for Municipal Consent as soon as they are able.

A Municipal Consent circulation is deemed complete when all responses have been received, and all objections have been resolved.  Once this occurs, City staff will prepare the Municipal Consent Permit, including all comments and conditions from internal city groups, and external agencies.  Comments and conditions placed by external agencies are not monitored or enforced by the City.  It is the responsibility of commentor and applicant to work together.

A utility circulation is deemed complete when all comments are received.  Given the nature of utility circulations, a final permit is not issued.  The comments gathered are for the purpose of providing input on the project.

In either case, once the circulation is complete, the MC Permit or utility circulation memo is targeted to be provided within 5 business days.

Municipal Consent drawing and circulation requirements

**Submissions failing to meet these requirements may be returned to the proponent at the sole discretion of the City.**

Circulation requirements

All soft copy documents (not included in Envista/Accela when applicable) shall be sent to the Utility Circulations e‐mailbox at UtilityCirculations@Ottawa.ca

All packages must include a cover letter describing:

• Comprehensive description of all work. Include length of installation and dimensions of any and all appurtenances, above or below grade;
• Street locations and/or Municipal Address;
• The City / utility project manager, or designated City employee leading the project*;
• Clearly indicate if this is a preliminary or final circulation for City projects and, if applicable, for other utility projects;
• Anticipated construction dates; and
• Any known utility relocations, and any other information relevant to this aspect of the project anticipated construction dates.

*Note‐ For shoring and tieback submissions, both the City PM information and the Building Code Services contact information is required.

Main Drawing requirements

• The Central Registry shall be used for all base plans where available. The Central Registry can be reached at informationcentre@ottawa.ca or by calling 613‐580‐2424 x44455. It remains the responsibility of the proponent to verify the accuracy of site conditions.
• Offsets must be shown for any utility within 2m of the proposed work, or on the same side of the ROW.
• Plant location must be tied to a property line, curb or a permanent structure.
• Proposed plant must be clearly identified and distinguishable from existing shown plant.
• Depth of proposed plant and duct configuration must be shown in section or profile.
• All utility plant / appurtenances within the road allowance must be shown when available per the Central Registry (CR) information. If no Central Registry information is available then a drawing must show proposed utility with ties to property line, centerline of ditch, edge of gravel or asphalt and any above grade infrastructure in the vicinity.
• A key plan with cross streets and north arrow, must be included with the proposed work.
• Include street names and building addresses near the proposed work. If a municipal address is not available, provide dimensions from the location of the work to the nearest intersection of street lines.
• Display all property lines clearly.
• Illustrate and clearly label street lines, road pavement, sidewalks, driveways, boulevards ditch lines and curbs. Identify street furniture including vaults, transformers, pedestals, regulators, hydrants, poles, tree pits, trees, planters, etc.
• Provide a cross-section view of proposed plant below grade and clearly show typical depth of cover.
• A drawing legend.
• Drawings must be to scale. Scale shall be clearly indicated (typically 1:250 or 1:500). A bar scale must also be included.
• Shoring drawings shall include shoring installation details (eg, tie‐backs) in plan and profile if entering the Public ROW above or below grade. Existing utilities in proximity to proposed shoring must also be clearly indicated in plan and profile.

Rural submissions

These requirements are supplemental to the main Municipal Consent requirements.

For the purposes of these requirements, they would apply outside of Ottawa’s Urban Boundary.  Each submission must be drawn some sort of software capable of drawing straight lines- freehand sketches are not accepted.

Each drawing submission must include a proper cover letter with full description of the work and location listed.  This must include contact information of the submitter, or person responsible for the project.

A general time frame of when the work is expected to be started and completed is also required.

The drawing/ sketch should include the following general information:

• Legend
• North Arrow
• Key plan
• Street names, property and building numbers
• Lot, Concession and Township if in the rural areas
• Property lines
• Civic address (Distance to cross streets if civic address in not available or relevant)
• Easily identifiable linework for proposed installation.  E.g., different colour/line style/weight
•  All linework on these submissions must be labelled/identified, e.g., centreline of ditch, edge of gravel, edge of pavement, fence line, etc. 

If current CAD base plan or survey is not available, the following is a minimum that must be shown on other formats (such as Google maps or similar).  This may be an overlay of an aerial photograph:

• Ditch line 
• Driveways
• Edge of roadway pavement/gravel or curbs
• Guide rail or cable
• Fencing
• Mature trees/dripline
• Any above grade installations (poles, pedestals etc.)
• Existing underground infrastructure

The proposed plant must include the following as a minimum:

• Location of the proposed installation with reference ties to the existing listed above.
• Cross section or detail showing depth and make up of the install.

It must be possible to zoom in on the plan/pdf and maintain a legible resolution.

An additional hard copy set of drawings may be requested for certain projects, and shall be submitted in one or both of the following formats:

• One full scale (24” x 36”) and/ or half sized scale (11” x 17”) sized set of plans. All hard copy circulation packages, when required, should be sent to the attention of:

Right of Way Branch
100 Constellation Drive
6th Floor East Ottawa Ontario, K2G 6J8
Internal mail code 26‐61

Accessing geoOttawa and the Central Registry

The City of Ottawa geoOttawa map tool contains information about the City’s road network, including road classifications and the age of road pavement. This tool can also be used to determine who the Ward Councillor is in any given area, as well as the Right-of-Way in any given area.

The following provides instructions on how to access and view information on geoOttawa.

Once you have launched the geoOttawa(link is external) application type the name of the street you want to view, or navigate to it using the map.

Application for Municipal Consent

Application form.

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