Obstructions Within the Village Right-of-Way

You may not realize that the first 10 to 15 feet of land from the back of the curb toward your house is publicly owned property known as the Right-of-Way (ROW). If you live on a corner, then the ROW exists on two sides of your lot.

Right-of-Way is designed to hold the roadway and the utilities necessary for the quality of life enjoyed by each Lincolnshire resident. This land is also made available to the Village and various utility companies to maintain and improve their own facilities.

According to Title 8-3-12 of the Village Code, residents must cut grass and trim vegetation within the ROW adjacent to their property. No one shall place any obstructions in the ROW, with the exception of electric dog fences and underground sprinkler systems. Before installing an underground sprinkler system, residents are required to obtain a permit from the Department of Community Development. Part of the permit process for an underground sprinkler system requires the owner to sign a waiver form supplied by the Village, to be recorded with the Lake County Recorder of Deeds Office stating the property owner assumes all responsibility for damages to the permitted obstruction and acknowledging that they are responsible for this private facility. Permits are not required for electric dog fences, but please note that the existence of an electronic dog fence shall not in any way interfere with the right of the Village to excavate for repair, maintenance or installation of any public utilities or for any other necessary purpose. The Village will not be required to maintain or replace electronic dog fences that may be damaged by any work done. No portion of the electronic dog fence shall be installed in a Conservancy area. Mailboxes and driveways typically are not considered to be obstructions and are permitted to be placed within the ROW.

Boulders, landscape gardens, fences and other fixtures within the public ROW are considered obstructions. The Village may require those items to be removed if they present a hazard or an issue to the public’s use and enjoyment of the ROW. If obstructions are damaged, the Village will not participate in any repair or replacement.

Some typical situations that occur in the ROW, and the Village’s response to them, include:

• A snow plow inadvertently relocates a rock or boulder placed at a property corner or driveway. The homeowner will be responsible for either replacing or removing this obstruction.

• A snow plow hits a mailbox. The Village will assist in the repair/replacement of the mailbox. More information on this issue may be found in the Village newsletter during the winter months.

• A utility repair, such as repair of a watermain break, which requires removal of a portion of a landscape planting bed within the ROW. The Village will return the area to grade and provide mulch or turf. The Village will not replace flowers, shrubs, ornamental trees, etc.

• A driveway is damaged due to a utility repair or curb or street repairs. The following criteria will be followed within the ROW:
  
  

  Type of Driveway	Replacement
  Existing Pavement Plain hot asphalt surface Imprinted hot asphalt surface Plain concrete pavement Imprinted or decorative concrete Cobblestones Aggregate or stone	Replacement Pavement Replace in kind Replace with plain hot asphalt Replace in kind Replace with plain concrete Replace in kind Replace with plain hot asphalt

If you have any questions about this Village topic, please call Wendy Moderhack, the Public Works Facility Clerk, at 847.913.2380.