Right of way

The right of way (ROW) and your property

The ROW is the City-owned portion of land that includes roadways, shoulders, sidewalks, and boulevards beside your property. In some cases, the grass boulevard may extend a considerable amount towards a residential property, and can include below and aboveground utility infrastructure and boulevard trees.

In accordance with the Use and Care of Roads By-law, the owner of lands zoned residential is responsible for maintaining the City-owned portion of right of way where it abuts their own property, by cutting the long grass or weeds to be consistent with surroundings, or by maintaining a residential garden or free library box where installed according with the by-law regulations. The City’s GeoOttawa program can be a helpful guide to illustrate as to where the approximate boundary of the City’s ROW and your property is located. Please see Figure 1 for an example of City ROW abutting residential property.

Figure 1

New opportunities within the right of way (ROW)

On June 28, 2023, Council approved updates to the Use and Care of Roads By-law which provides residents the opportunity to undertake residential gardening projects or to install a free library box within the right of way abutting their property.

To view the staff report that included these changes, please visit Subject matter - Report to Committee (escribemeetings.com).

Residential gardening within the right of way (ROW)

Grass boulevards have historically been the standard boulevard treatment in the City of Ottawa. The previous provisions in the Use and Care of Roads By-law did not allow for modification or the removal of grass where installed within the right of way. Updates to this by-law have now provided residents with more options versus cutting existing grass and weeds only in abutting City right of way property, subject to new regulations. Figure 2 illustrates a naturalized garden.

Figure 2

Benefits of residential gardening within the right of way (ROW)

• Encouraging naturalization, pollinator gardens and biodiversity while avoiding monocultures
• Increasing drought and soil erosion resistance
• Reducing heat-island effects
• Reducing fertilizer and pesticide usage
• Improving on-site stormwater  retention
• Conserving water
• Promoting climate change resiliency
• Fewer emissions produced from gasoline engines (mowing)
• Promoting mental and physical health benefits

Free library boxes

Updates to the Use and Care of Roads By-law allow for the installation of a free library box within the ROW, subject to new regulations. Figure 3 illustrates a free library box.

Figure 3

Benefits of free library boxes within the right of way (ROW)

• Increasing a sense of community
• Improving literacy rates
• Ensuring affordability as these resources are free for all users
• Providing access to different reading materials
• Providing a means to recycle used books

Before you dig and undertake a residential gardening project within the ROW, it is important to know the following:

• This activity may be done without a permit and without contacting the City, however, by-law regulations must be followed.

• Utility locates, in accordance with Provincial law, must be obtained, whenever any digging, by any means, occurs within the ROW by contacting Ontario OneCall. Home - Ontario One Call.

• You cannot plant a tree within the ROW. Please see the City’s Trees in Trust program should you wish to have a tree planted by the City within the ROW. Trees in Trust | City of Ottawa

• The ROW is City owned property and shared across multiple users. The ROW is subject to ongoing maintenance, utility and capital works, as well as other activities. Damages may occur caused by road operations, maintenance, snow clearing, removal, storage, or emergency repairs. Any person undertaking residential gardening within the City's ROW does so at their own cost and risk, and is responsible for any maintenance, upkeep, or removal. The City or utility company will not be responsible for protecting, repairing, replacing or re-instating a residential garden.

• If you receive notice of planned work within the ROW that may impact your garden, please plan ahead and temporarily re-home plants for re-installation in advance of the work taking place. Use the contact information provided to discuss with the utility company or City an option to re-instate the boulevard with soil only, in order for you to re-plant after work is complete. A reminder that garden removal and replanting must be done by yourself, utility companies or the City will not protect, repair, replace, or re-instate a garden within the ROW.

• Please also note that the City also reserves the right to intervene and request modification or removal of a residential garden within the ROW, if, for example, an operational, safety, or drainage issue is present, or the garden does not comply with the by-law regulations.

What are the rules for installing a residential garden within the right of way (ROW)?

• Only soft landscaping is permitted.
• Only hand-digging is permitted within the right of way.
• Sidewalks and roadways must remain clear and unobstructed.
• No gardening is permitted within the front or back slope of a ditch, or within the ditch itself.
• No plants are permitted to exceed a maximum height of one (1.0) metre.
• No plants are permitted to exceed a maximum height of 0.75 metres within the corner lot visibility triangle as identified in Figure 1.

Figure 1

• Noxious weeds and invasive species are not permitted. Please see Schedule A of this by-law for a list of prohibited species, as well as those identified in the Ontario Invasive Species Act Invasive Species Act, 2015, S.O. 2015, c. 22 - Bill 37 (ontario.ca) and Weed Control Act. Weed Control Act, R.S.O. 1990, c. W.5 (ontario.ca)
• Consumables (the growing of food) is not permitted within the ROW. The City has made a commitment to review this policy in a comprehensive review in 2024, after working with Public Health Ontario on the benefits and risks of consumables grown within the ROW.
• You may only install a residential garden within the ROW directly abutting your own property. If you wish to do so in front of another residential property, you must obtain written consent provided by the abutting property owner. The abutting owner will remain responsible for maintenance, modification, or removal if required.

No residential garden is permitted within:

• 1.5 metres of a catch basin or manhole.
• (1.0) metre of a City tree as measured from the trunk as shown in Figure 2.

Figure 2

• 1.5 metre radius of a fire hydrant, as well as within a three (3.0) metre wide corridor from the fire hydrant to the roadway as shown in Figure 3.

Figure 3

• 1.5 metres at the back or sides of a hydro transformer, as well as a three (3.0) metre wide corridor from the front of a transformer to a right of way gardening project as shown in Figure 4.

Figure 4

• (1.0) metre for infrastructure other than those listed above (e.g., Gas and telecommunication pedestals, grade level boxes, hydro poles, guide wires, City signage, and Canada Post mailboxes) as shown in Figure 5.

Figure 5

• The area within an OC Transpo bus stop as shown in Figure 6.

Figure 6

Before you build and install a free library box within the right of way, it is important to know the following:

• If you would like to install a free library box within the ROW, you may do so subject to the following guidelines and regulations found here. Please note that a signed letter of acknowledgement is also required to be completed, signed, and submitted prior to installing a free library box within the ROW.

• Utility locates, in accordance with Provincial law, must be obtained, whenever any digging, by any means, occurs within the ROW by contacting Ontario OneCall. Home - Ontario One Call.

• Installation of a free library box should not be over top of any subsurface utilities.

• The ROW is City owned property and shared across multiple users. The ROW is subject to ongoing maintenance, utility and capital works, as well as other activities. Damages may occur caused by road operations, maintenance, or emergency repairs. Any person installing a free library box within the City's ROW does so at their own cost and risk, and is responsible for any maintenance, upkeep, or removal. The City or utility company will not be responsible for protecting, repairing, replacing or re-installing a free library box.

• If you receive notice of planned work within the ROW that may impact your free library box, please plan ahead and temporarily remove your free library box in advance of the work taking place. A reminder that free library box removal and replacement must be done by yourself, utility companies or the City will not protect, repair, replace, or re-install a free library box within the ROW.

• Please also note that the City also reserves the right to intervene and request modification or removal of a free library box within the ROW, if, for example, an operational, safety, or drainage issue is present, or the library does not comply with the by-law regulations.

• If you receive notice of planned work within the ROW that may impact your free library box, please temporarily remove it in advance of the work beginning. A reminder that library box removal and re-installation is the responsibility of the abutting property owner. The City or utility company will not be responsible for any damages should a box not be removed, or for re-installation.

• The City requests that free library boxes be removed during the winter months, from November 15 – April 15 so that City winter operations remain unaffected.

What are the rules for installing a free library box within the right of way (ROW)?

• A signed letter of acknowledgement must be provided to the City before installing a free library box. 
• Only hand-digging for free library box installation is permitted within the ROW
• A free library box must not have a permanent foundation.
• No free library box may be installed within (0.5) metres of a roadway.
• A free library box must have a minimum storage area height of (0.9) metres, and maximum storage height of no greater than (1.1) metre, measured from the grade of the base of the library box when installed.
• A free library box must not impede or encumber a sidewalk by any means.
• A free library box must be maintained in a good state of repair.
• A person may only install a free library box within the ROW abutting their own residential property.
• A free library box is only permitted within the ROW 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.
• A free library box is not permitted within the corner lot visibility triangle as identified in Figure 1.

Figure 1

• 1.5 metre radius of a fire hydrant, as well as within a three (3.0) metre wide corridor from the fire hydrant to the roadway as shown in Figure 3.

Figure 3

• 1.5 metres at the back or sides of a hydro transformer, as well as a three (3.0) metre wide corridor from the front of a transformer to a right of way gardening project as shown in Figure 4.

Figure 4

• (1.0) metre for infrastructure other than those listed above (e.g., Gas and telecommunication pedestals, grade level boxes, hydro poles, guide wires, City signage, and Canada Post mailboxes) as shown in Figure 5.

Figure 5

• The area within an OC Transpo bus stop as shown in Figure 6.

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 ROW includes space for sidewalks, boulevard trees, as well as above and underground utilities.The City’s geoOttawa LINK program can be a helpful guide to illustrate as to where the approximate boundary of the City’s ROW and your property is located.

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

No, you do not require a permit to initiate gardening projects within the ROW, so long as the by-law regulations and guidelines are followed.

Are there any planting restrictions within the ROW?

Yes. You are not permitted to plant consumable (food) plantings, noxious weeds or invasive species as defined by Schedule “A” (LINK) 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 (ontario.ca) and the Weed Control Act, R.S.O. 1990, c. W.5 (ontario.ca). Furthermore, plantings shall not exceed 0.75m in height at corner lots and intersections, as well as one (1.0) metre other than corner lots.

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

No, these are considered hard landscaping items and are not permitted to be installed within the ROW. These items present a safety hazard as they may get caught or become projectiles in snow clearing equipment, or, present a trip / fall hazard. In addition, the City does not want residents to alter stormwater drainage with impervious materials. Only soft landscaping materials will be permitted gardening items within the ROW. (Note: Please see FAQ on soft landscaping).

What is soft landscaping?

Organic materials and vegetative in-ground plantings such as shrubs, ornamental flowers and grasses, and may include mulch as ground cover located in and around plantings, but excludes non-vegetative materials such as brick, pavers, rock, stone, concrete, tile and wood . It is also important to know that consumables, (food) is not a permitted soft landscaping planting within the ROW at this time. (Note: Please see FAQ on growing consumables).

Can I grow consumables, (food, vegetables, fruit, nuts or seeds) within the ROW?

No, at this time it is not permitted to grow consumables, (food) within the City’s ROW. The City will be reviewing this policy as part of a larger review in 2024 as it relates to improving food security.

Can I place mulch in and around my ROW 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 or other soft landscaping items do not spill onto a sidewalk or roadway area.

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

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

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

No, planter boxes or raised garden beds are currently not permitted within the ROW. The City will be reviewing this policy as part of a larger review in 2024.[PK6] [WC7] 

Can I install an irrigation system within the ROW?

No, irrigation systems are not permitted to be installed within the ROW.

Can I undertake a gardening project within the ROW 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 ROW 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, 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 Ditches and Drains | City of Ottawa.

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 complete a letter of acknowledgement with no associated fee that outlines library owner contact information, library location, as well as other obligations and requirements as outlined in the signed acknowledgement. Please click here for more information. (Insert link to signed acknowledgement here)

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

Yes, anytime work is done within the ROW (including hand-digging), utility locates are required. Provincial law requires you to always contact Ontario OneCall prior to digging within the ROW. Home - Ontario One Call

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 ROW. Before you dig, remember to always contact Ontario OneCall. Home - Ontario One Call It is provincial law to ensure that locates are in place prior to any digging within the ROW.

What if a utility company or the City of Ottawa is undertaking work within the ROW where I have installed a gardening project or a free library box?

Upon request when re-instating after work is complete, the City or utility company may leave the area in a state for the resident to re-plant by providing soil only. For larger capital projects, the utility company or City of Ottawa will advise you in advance of planned work within the ROW. 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, or a utility company will save and re-instate gardens or a free library box installed within the ROW. It is important to note that advanced notification will not take place for regular operations and maintenance within the ROW. This may include snow clearing, sign installation, emergency repairs, etc.

What if my garden or free library box has been damaged within the ROW?

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

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

The responsibility for maintenance, modification, or removal of a gardening project 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 or not they installed the residential garden or free library box.

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

Should you wish to undertake a gardening project 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 gardening project or free library box that will not comply with the proposed regulations?

All gardening projects and free library boxes within the ROW are required to comply with the updated by-law. Should your abutting ROW not be in compliance with the updated regulations, the responsibility is on the abutting owner to make the appropriate modifications.

As a tenant, can I undertake a gardening project or install a free library box within the ROW, abutting my residential property?

Yes, however, you must receive written permission from the abutting property owner in order to undertake gardening projects or install a free library box within the ROW. The Use and Care of Roads By-law states that the owner of lands zoned residential is responsible for cutting the grass / weeds on the abutting boulevard. The owner will also be responsible for any gardening projects or free library boxes abutting their residential property.

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

No, free library boxes can only be installed within the abutting ROW of the property tenant, or owner.

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

Yes.

What location can I install a free library box within the ROW?

A free library box is only permitted within the ROW 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 roadway classifications to determine if your location is suitable to install a free library box.

A private approach refers to a depressed curb that allows vehicular access to your property. Very often, private approaches are approved as part of the Site Plan Control Process. Notwithstanding this, the City has a Private Approach By-law that governs the location of such facilities. A permit is required if you wish to establish, widen or close your driveway.