What exactly is in the Right-of-Way?

The ROW isn't just for streets and sidewalks. It also houses the critical infrastructure that keeps our city running safely and reliably, including:

• Water and sewer mains
• Storm drains
• Fire hydrants and electrical equipment

Because this essential equipment is buried underground or placed precisely at the surface, City staff and utility partners must have unhindered access to the ROW to perform routine maintenance, safety inspections, and emergency repairs.

Important Things to Know:

• Size and Width Vary: ROW and easement sizes are not the same for every property. They can vary significantly from street to street or neighborhood to neighborhood. If you are curious about the specific dimensions of the ROW on your property, please contact the Nappanee Planning Department.
• Advance Notice: Because the ROW is legally designated for public infrastructure use, the City and utility companies are not required to provide advance notice to homeowners before beginning work within that space.
• Permits are Required: Any work performed in the ROW requires an official "Excavating in Right-of-Way" permit. Residents are encouraged to ask contractors to see an approved application or report suspected unpermitted work directly to the City.

Maintaining the Right-of-Way

A common point of confusion is who is responsible for day-to-day upkeep within these zones.

Landscaping & Care

While the City and utility companies hold the legal right to access infrastructure within the ROW, we rely on our homeowners to handle routine surface maintenance, such as mowing and general landscaping upkeep.

City Trees

Any trees located within the designated ROW are considered "City Trees." These are managed and cared for exclusively by the Nappanee Tree Board to protect both the health of the tree canopy and the safety of adjacent utility lines.

It is important to remember that no permanent or temporary structures (including fences, sheds, RVs, parked cars, or heavy landscape features) should be placed within the ROW.

• Note: If an obstruction blocks necessary access during maintenance or an emergency, utility companies and the City have the right to remove it. Please be aware that they are not responsible for replacing, rebuilding, or repairing privately owned items that were placed within the public ROW.

Property Restoration

If utility or infrastructure work is performed in your yard, crews aim to restore the surface area as neatly as possible. If property restoration within the ROW is not completed within 35 days of the project’s conclusion, please contact City Hall. We will gladly reach out to the responsible contractor on your behalf to ensure the area is properly addressed.