Right of way

The right of way 

The right of way is the City-owned portion of land that includes roadways, shoulders, sidewalks, private approaches and boulevards beside your property. In some cases, the grass boulevard may extend a considerable amount towards a residential property and can include belowground and aboveground utility infrastructure and boulevard trees. Figure 1 illustrates the different elements of the right of way and the presence of utilities within them.

Figure 1

The residential boulevard

As a portion of the public right of way, the boulevard has many functions, not limited to space for trees, above and underground utilities and infrastructure and snow storage. The boulevard varies in size and context across the city. In some areas the boulevard extends a considerable amount towards a residential property. In others, where there is a sidewalk, the boulevard may be on one or both sides of the sidewalk up to the property line. Figure 2 is an example of the City-owned boulevard abutting residential property.

In accordance with the Use and Care of Roads By-law (By-law No. 2003-498), as amended, the owner of land zoned residential is responsible for maintaining the City-owned boulevard where it abuts their own property by cutting the long grass, weeds or herbaceous groundcover to be consistent with surroundings. Owners and tenants may also install and maintain a boulevard garden or free library box when done in accordance with the by-law regulations.

Figure 2

Locating property boundaries using geoOttawa

The City’s geoOttawa program can be a helpful guide to illustrate where the approximate boundary of the City’s ROW and your property is located.

The following are instructions on how to access and locate approximate property boundaries.

• Launch the geoOttawa application and type the complete address including suffix into the address field at the top left of the screen or navigate to it using the map
• Select the Layer List in the top menu bar
• Select the checkbox marked Property Parcels. Figure 3 shows the location of the Layer List and Property Parcels features.

Tips:

• If the property boundaries do not appear when Property Parcels is selected, ensure the Municipal Address and Property Parcels sub-checkboxes are also selected.
• To turn on satellite view, select the Aerial Photos Slider in the top menu bar

Figure 3

Turf grass alternatives – herbaceous groundcover

In all areas of the residential boulevard where turf grass is present, abutting property owners may choose to replace the grass with a suitable groundcover. This can be done by overseeding and allowing the groundcover to naturally replace the grass, or grass can be removed by hand and groundcover planted in its place.

Suitable groundcovers for the boulevard are herbaceous (meaning soft-stemmed) plant species that grow to a mature height no more than 20 centimetres. Groundcovers cannot include any species listed in Schedule "A" of the Use and Care of Roads By-law, being the species prohibited in the right of way.

Be cautious when researching suitable alternatives. For example, commonly found groundcovers such as periwinkle may be invasive species in Ontario and would not be a permitted turf grass alternative in the boulevard.

Groundcover cannot interfere with the function of ditches, harm City trees or obstruct infrastructure such as fire hydrants and utilities. As with turf grass, if the groundcover is too tall or impacting these assets, the property owner or tenant is responsible for trimming it back.

This activity requires approval by the City. Project proposals will be reviewed by City staff on a case-by-case basis. Requests can be directed to ROWadmin@ottawa.ca.

Approved projects require a signed agreement with the City. As a condition the agreement must include and maintain valid commercial general liability insurance not less than five million dollars ($5,000,000), with the City of Ottawa listed as an additional insured.

Noxious weeds and invasive species are not permitted in the right of way.

Schedule A of the Use and Care of Roads By-law (By-law No. 2003-498) includes a list of prohibited species in the right of way. Species identified in the Ontario Invasive Species Act, 2015, S.O. 2015, c. 22 and Weed Control Act, R.S.O. 1990, c. W.5 are also prohibited.

Additional resources

Province of Ontario - Restricted invasive species in Ontario (with images)

Ontario Invasive Plant Council – Grow Me Instead (Southern Ontario) Guide

What is a right of way (ROW)?

This term refers to the City-owned portion of a piece of land classified as a highway under the Municipal Act. It is often wider than the roadway or sidewalk and can include an extensive grass boulevard. In addition to the asphalt roadway, the right of way includes space for sidewalks, boulevard trees, as well as above and underground utilities. The City’s geoOttawa program can be a helpful guide to illustrate as to where the approximate boundary of the City’s right of way and your property is located.

Doesn’t my property extend to the end of my front lawn or to the sidewalk / roadway edge?

The edge of a sidewalk / roadway, or end of a front lawn usually does not delineate private property boundaries. The City’s right of way usually extends onto front lawns and this area is typically used to install utility infrastructure. Utility infrastructure will be installed within the City of Ottawa’s right of way or on existing easements on private property. To see your approximate property boundaries and the location of the right of way abutting it, please visit geoOttawa and input your property address.

Do I require a permit or have to contact the City of Ottawa before starting a gardening project?

No, you do not require a permit to start a gardening project in the boulevard abutting your property, so long as the regulations outlined in the Use and Care of Roads By-law (By-law No. 2003-498) and guidelines are followed. City approval is required for a community association gardening project.

Are there any planting restrictions within the boulevard?

Yes. You are not permitted to plant noxious weeds or invasive species as defined by Schedule A in the Use and Care of Roads By-law, as well as species listed in the Invasive Species Act, 2015, S.O. 2015, c. 22 - Bill 37 and the Weed Control Act, R.S.O. 1990, c. W.5. Plantings are not to exceed 1 metre in height or 0.75 metre in height in the visibility triangle on a corner lot.

Can I replace the grass in the boulevard with an alternative groundcover?

Yes, in all areas of the residential boulevard where turf grass is present, abutting property owners may choose to replace the grass with a suitable groundcover. Only herbaceous (soft-stemmed) groundcovers that grow to a maximum mature height of 20 centimetres are permitted. Turf grass replacement can be done by overseeding and allowing the groundcover to naturally replace the grass, or grass can be removed by hand and groundcover planted in its place.

Can I install riverstone, rocks, pavers, bricks, or other hard materials?

Hard landscaping items such as rocks and pavers are not permitted to be installed in the boulevard. These items present a safety hazard as they may get caught or become projectiles in snow clearing equipment and may negatively impact stormwater drainage with impervious materials. Residents are permitted to install a raised garden so long as the regulations outlined in the Use and Care of Roads By-law (By-law No. 2003-498) are followed. Refer to the residential boulevard gardens page for information.

Can I grow food in a boulevard garden?

Yes, so long as the regulations outlined in the Use and Care of Roads By-law (By-law No. 2003-498) are followed. Refer to the residential boulevard gardens page for information on gardening regulations in the boulevard. Refer to the residential boulevard gardens page for information on gardening regulations in the boulevard. Visit ottawapublichealth.ca for important information on the risks and considerations for growing food in residential gardens.

Can I place mulch in and around my boulevard garden?

Yes, mulch is an acceptable material to place around plantings and fits within the definition of soft landscaping. Please take the care to ensure that mulch does not spill onto a sidewalk or roadway area.

What if I want to plant a tree within the boulevard?

You are not permitted to plant trees within the boulevard. The City of Ottawa Forestry Services Branch is responsible for planting trees on all City property. Please visit the Trees in Trust page for more information on having a City tree planted in the boulevard abutting your property.

Can I use planter boxes or a raised garden bed within the boulevard?

Yes, so long as the regulations outlined in the Use and Care of Roads By-law (By-law No. 2003-498) are followed. Refer to the residential boulevard gardens page for information on height limits, acceptable materials and placement. Visit ottawapublichealth.ca for information on selecting the most appropriate option if growing plants you want to eat.

Can I install an irrigation system within the right of way?

No, irrigation systems are not permitted to be installed within the right of way.

Can I undertake a gardening project within the boulevard abutting someone else’s property, such as a neighbour?

Yes, with written permission from the abutting property owner.

Can I alter the grading of the boulevard with my gardening project?

No, gardening projects shall not alter existing grading as this may result in drainage issues on your own or neighbouring properties.

Can I undertake a gardening project within a ditch?

No, altering a ditch or bio-swale is not permitted as they are installed and graded with purpose to allow for the natural movement of stormwater, winter run-off, and drainage. City maintenance staff also frequently dig out ditches which would ruin any gardening projects. For more information on ditches, please visit the Ditches and Drains page.

Do I require a permit or have to contact the City of Ottawa before installing a free library box?

While no permit is required, the library box owner is required to submit a signed letter of acknowledgement that outlines library owner contact information, library location, as well as other obligations and requirements. There is no associated fee.

Do I require locates before beginning a gardening project or installing a free library box within the boulevard?

Yes. Any time work is done within the right of way (including hand-digging in the boulevard), utility locates are required. Provincial law requires you to always contact Ontario OneCall prior to digging within the right of way. 

What does hand-digging only mean?

Hand digging means the use of hand tools only. This helps to mitigate the risk of damaging telecommunications, gas, hydro, or City services to your home. No mechanical and or automated tools are permitted for digging within the boulevard. Before you dig, remember to always contact Ontario OneCall. It is Provincial law to ensure that locates are in place prior to any digging within the right of way.

What if a utility company or the City of Ottawa is doing work within the boulevard where I have installed a garden or a free library box?

Upon request, when re-instating the boulevard after work is complete, the City or utility company may leave the area in a state for the resident to re-plant by providing topsoil only. For larger capital projects, the utility company or City will advise you in advance of planned work within the right of way. When you receive this notice, you should reach out to the contact on the notice to determine if you need to remove any of your garden items or free library box in advance of work beginning. Neither the City, nor a utility company will save and re-instate gardens, or a free library box installed within the right of way. It is important to note that advanced notification will not take place for regular operations and maintenance within the right of way such as snow clearing, sign installation, emergency repairs, etc.

What if my garden, raised garden bed or free library box within the boulevard has been damaged?

The City or utility company is not responsible for damages or loss, and will not repair, replace, or compensate a gardener or library box owner. Re-instatement or re-installation is the responsibility of the gardener or library box owner. 

What if a gardening project or free library box within the boulevard is abandoned?

The responsibility for maintenance, modification, or removal of a boulevard garden or free library box remains with the abutting property owner. Should the City require modifications or removal, the abutting property owner will be held responsible regardless of whether they installed the boulevard garden or free library box.

What if I want to install a boulevard garden, raised garden bed or free library box that does not meet the requirements set out in the by-law?

Should you wish to install a boulevard garden, including installing a raised garden bed, or install a free library box that does not fit the outlined requirements, you can reach out to ROWadmin@ottawa.ca to determine if your request can be accommodated. You may be required to enter into an agreement or obtain additional permits and approvals, including appropriate insurance.

What if I have an existing boulevard garden, raised garden bed or free library box that does not comply with the regulations?

Boulevard gardens, raised garden beds and free library boxes within the boulevard are required to comply with the regulations in the Use and Care of Roads By-law (By-law No. 2003-498). If your abutting boulevard is not in compliance with the regulations, it is the responsibility of the abutting owner to make the appropriate modifications.

As a tenant, can I install a boulevard garden, raised garden bed or free library box within the boulevard abutting my residential property?

Yes, however, you must receive written permission from the abutting property owner. The Use and Care of Roads By-law (By-law No. 2003-498) states that the owner of lands zoned residential is responsible for cutting the grass, weeds or herbaceous ground cover on the abutting boulevard. The owner will also be responsible for any boulevard garden, raised garden bed or free library boxes abutting their residential property.

Can I install a free library box within the boulevard abutting someone else’s property, such as a neighbour?

No, free library boxes can only be installed within the property owner or tenants abutting boulevard and they are required to submit a signed letter of acknowledgement to the City.

Can I install a free library box on my own property instead of the boulevard?

Yes.

What type of roadway can I install a free library box within the boulevard?

A free library box is only permitted within the boulevard along a roadway classified as a local or collector road, or, along a roadway classified as an arterial road that abuts and is accessed from a sidewalk as defined in the City’s Official Plan. You can reference geoOttawa for highway classifications. In the Layer List in the top menu bar select Road Information and Roads – Classification.

A private approach is the surface part of an entrance to private property (driveway or laneway) for vehicular access that is on the City road allowance, and is regulated by the Private Approach By-law (2003-447). A permit is required to create, widen or close a driveway. More information can be found on the Driveways page.