Right-of-Way (ROW) Permits

Unless otherwise provided in the City Code, no person may obstruct or excavate in the ROW without first obtaining a ROW permit from the City. Obstructions approved by permit are the responsibility of the property owner. The City reserves the right to remove any obstruction in the ROW without notice and is not liable for any damages to the obstruction at any time.

Activities Requiring A Permit

Obstructions

  • Construction of retaining walls, fences, berms, or other obstructions
  • Planting of trees, shrubs, or other landscaping over 12 inches high

Excavations

  • Construction of paved driveways and walks
  • Installation of utilities, irrigation, conduits, wires, or other objects
  • Any type of excavation

Permit Application Procedure

Work in the ROW cannot begin until the City receives and approves a ROW permit application.

All applications must include:

  • completed ROW Permit Application form and project plans prepared to City standards
  • payment of all permit fees (see Permit Application)
  • financial security (bond, cash, cashier’s check, letter of credit, etc as approved by the City) guaranteeing the work will conform with
  • …certificate of insurance
  • ……detailed construction plan prepared to City standards
  • ……traffic control plan, if blocking traffic or any travel way
  • ……copies of permits, or applications for permits, from the Minnesota Department of Transportation, Hennepin County Department of Public Works, or Railroad Authority, where applicable

After staff review, City staff will either issue a permit or deny your request. Please allow up to three weeks for review. If revisions are required, more time may be necessary.

Approved permits are sent by mail. If your permit is approved, it is your responsibility to contact Gopher State One Call (651-454- 0002) to locate utility lines before excavation. Notify the Golden Valley Public Works Department at least 48 hours before beginning work.

When all work under the permit is completed, notify the City by providing a Completion Certificate (this form is included with the approved permit).

Permit Duration

Dates on ROW permits vary depending on the plan; however, no ROW work can continue past the date specified on the permit unless the City issues an extension before the initial permit expires or the permittee submits a supplemental application for another ROW permit.

Permit Fees and Financial Securities

Permit and security fees are established annually by the City Council and cover:

  • estimated restoration costs and other management costs
  • prior obstructions or excavations in warranty
  • any undisputed loss, damage, or expense suffered by the City because of applicant’s prior excavations or obstructions of the ROW or any emergency actions or delay remedies taken by the City

Fees paid for revoked or expired permits or work not completed by decision of the applicant are not refundable.

Required Inspections

The City requires inspection of the work as part of the permit process.

  • For driveways/walks, provide the schedule for removal and installation, and schedule an Initial Inspection. The City must complete the Initial Inspection before a driveway/ walk is poured, paved, or installed.
  • City will conduct Project Complete Inspection when the Completion Certificate is received. Warranty period begins on the
    date this inspection is approved.
  • City will conduct Warranty Inspection to confirm that no defects or damage occurred to the City’s ROW. If approved, the financial security will be returned.

Action Against the Financial Security

The City can use funds from the security to correct defects in patching or restoration if:

  • permitted work is not completed or if there are unreasonable delays in ROW excavation, obstruction, repair, or restoration
  • work does not follow the standards, conditions, or codes specified by the City
  • work fails within 24 months after City approval
  • defective work is not corrected within five calendar days of the receipt of the notice (not including days during which work cannot be done or is prohibited as unseasonable or unreasonable)

The City reserves the right to perform repair and patching when delays pose a potential threat to public safety. If the City restores the ROW, permittee must pay all costs within 30 days of billing.

Warranty

If no action has been filed against it, security will be released following approval of the Warranty Inspection. The length of the warranty period is determined by the City.

Suspension or Revocation of Permit

The City may order work stopped any time there is a serious threat to public safety or if any work does not conform to standards, conditions, or codes. If the problem is not corrected within five days, the City may revoke the permit.