Right-of-Way (R/W) is defined as the area controlled by the City. It is usually defined as the roadway plus 10 - 15 feet behind the curb or edge of pavement. The definition of the city R/W may vary depending on the physical conditions at any given location.

The Right-of-Way Use Permitting office coordinates the application review with: traffic, zoning, planning, police and fire. Your cooperation as a user of City Rights-of-Way is essential. Together we can make safe and efficient use of this most valuable and limited resource.

ROW Forms & Publications

• ROW and Easement Use Application
  
  
• Procedures & Requirements Manual (Application included)
  
  
• Fee Schedule

Hold Harmless & Indemnification Agreements

• Private Irrigation System in the Right-of-Way (Residential)
  
  
• Private Irrigation System in the Right-of-Way (Commercial)
  
  
• Private Landscaping in the Right-of-Way
  
  
• Private Well in the Right-of-Way
  
  
• Private Dock in the Right-of-Way

Vacate Easement Requests are required when proposed or existing structures are in easements of the property either on the sides or the rear. Vacate Easement Requests are heard by City Council.

Vacate Easement Request Application

• If you are not the property owner of record, a notarized letter from the property owner giving consent to the applicant to request the vacating is required.
• Certified survey of area to be vacated.
• Copy of plat, map, etc. depicting area location of easement or drainage right-of-way to be vacated.
• List of names and addresses of property owners abutting the lot or parcel within which the easement or drainage right-of-way is located;
• Contact the Land Development Division at landdevelopment@palmbayflorida.org  to determine if a variance is required. If required, you must obtain approval for the variance prior to proceeding with the vacating request.

• Original notarized letters from the following utility and service companies (see list below) are required stating whether or not they object to or if there is no interest in the vacating of the easement or drainage right-of-way. If equipment lies within the easement or drainage right-of-way requested for vacation, the applicant shall be responsible for any expenses incurred for relocating same, unless other arrangements have been made with the company.

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Vacate Street Requests are required when relinquishing all or part of the property right of the public previously established by plat or dedication for street or road right-of-way purposes.

Creating Improving Altering Vacating Streets Request Application

• If you are not the property owner of record, a notarized letter from the property owner giving consent to the applicant to request the creating, improving, altering, or vacating of streets/right of way is required.
• Two (2) copies of the plat or site plan exhibit drawn to scale shall be attached to the application. The exhibit shall also be provided (USB flash drive or CD/DVD) and illustrate the following:
  • (Proposed) street location within the City (vicinity map);
  • Location of utility easements adjacent or pertinent thereto the property;
  • Construction plans showing typical street profiles and materials;
  • Tree and vegetation survey and/or permit;
  • Location of traffic control devices (signs and street markings);
  • Location of sidewalks and bikeways. 
• List of all property owners, addresses, and legal descriptions for all properties abutting the (proposed) street. Such information shall be obtained from the most recent Brevard County tax rolls. Contact Brevard County Planning and Zoning at (321) 633-2060 for additional assistance.
• Original notarized letters from the following utility and service companies are required stating that the companies have no objections to the requested action.
• Legal Certified survey of area proposed to be vacated.

 

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Utility and Service Company Contacts:

Florida Power & Light
9001 Ellis Road Melbourne, FL 32904
Ask for area project manager of Palm Bay which is:
North of Malabar Rd. (321) 726-4830
South of Malabar Rd. (321) 726-4819

AT&T Telecommunications
3300 Okeechobee Road Room 237 Ft. Pierce, FL 34947
Phone: (321) 726-8843

Spectrum
720 Magnolia Ave. Melbourne, FL 32935
Phone: (321) 757-6365

Melbourne-Tillman Water Control
5990 Minton Road NW Palm Bay, FL 32907
Phone: (321) 723-7233

Florida City Gas
4180 S. US Highway 1 Rockledge, FL 32955
Phone: (321) 638-3424

Holiday Park, Board of Directors
215 Holiday Park Blvd. NE Palm Bay, FL 32907
Phone: (321) 724-2240
(HOMEOWNERS ONLY)

The City of Palm Bay regulates the use of public Rights-of-Way – (R/W) in the interest of public safety, convenience and to operate and protect public facilities. The right of the City of Palm Bay to control the public R/W is given by State Statutes and City Code of Ordinances. A request-review-approval system is applied to control the use of the R/W. Entities such as utilities, proposed facility owners and citizens wishing to occupy or conduct work in the public R/W make a formal request, which is reviewed by the City Public Works Department for conformance with adopted and accepted procedures, standards, criteria and the City Code of Ordinances.

The permit system maintains the integrity of public works facilities and enhances coordination among users of the R/W. Approval is given in the form of a permit to use the R/W on a temporary or long-term basis. As applied to utilities, the permit and a franchise together act as a use and occupancy agreement that allows the utility facility to exist within the City Rights-of-Way. The City Procedures and Requirements Manual outlines typical procedures for issuing and general requirements for the contents of permits, i.e., provisions for construction, emergency situations, inspection of work, traffic control, fees, and indemnification.

NOTE: It is not the intent of this information to eliminate the responsibility and necessity for all permit applicants to read and understand the City of Palm Bay Code of Ordinance No. 93-03 TITLE 17 Chapter 179.090 thru 179.999 "Right-of-Way and Easement Use Ordinance" Enacted February 1993.

A permit is required for virtually all actions in the public Rights-of-Way with the exception of Capital Improvement Projects and road construction or reconstruction, which is overseen and approved by the City Engineer. The utility, proposed facility owner or citizen initiates the permitting process. Actions typically requiring a permit are: (1) additions to or upgrades of existing facilities; (2) installing new facilities in the R/W. The requirement for a specific permit to perform work in the R/W should apply to every entity involved in any work that will affect the public way, including privately and publicly owned utilities, private contractors, and individuals. Permit purposes include the following:

• Register the entities intention to work within the R/W, in accordance with its franchise or other legal authorizations, to install and maintain service facilities in the R/W; Stipulate the nature and extent of such R/W work; Provide an administrative means for the City to coordinate use of the R/W space, to hold the entity responsible for the authorized work, to inspect such work and to perform other necessary actions in connection with such R/W operations;
• Grant formal approval for the intended work, establish records of all R/W utility operations and service facilities, and document orderly allocation of space.

Permits may not be required for items such as routine maintenance, subsurface service connections that do not disturb more than 100 SF of surface area and does not affect vehicle/pedestrian travel lanes, i.e. telecom splice pits, etc., aerial service connections not requiring additional supporting structures within the public R/W, substituting or adding wires to existing poles, or placing facilities in existing conduits or encasement that do not disturb more than 100 sq. ft. of surface area and does not exceed an excavation depth of 48 inches or change the type, nature, or operating conditions of the originally approved facility.

The most logical and cost-efficient method of running a pipeline or an electric or telephone cable is frequently along publicly owned property, city streets, alleys, sidewalks, or other public Rights-of-Way (R/W). Recognizing that the use of the public R/W is necessary for the efficient delivery of utility services, the city and utilities enter into franchise agreements that grant access to the public R/W.

The City may grant authority to a utility company to use the public streets, alleys, and other public R/W on a continuing basis, particularly for a public utility business, such as electric, gas, telephone, or water/sewer service. This franchise agreement allows the utility to be within the R/W, but does not allow unrestricted use of the R/W. The general approval to use the R/W does not prevent the municipality from controlling specific uses. These specific uses or activities (such as excavating to install or maintain a utility facility in the R/W) are authorized by individual permits. Further authorization beyond the franchise agreement is usually needed before a utility can perform specific work in the R/W. Franchise agreements provide for:

• Right of utility access on or under city roadways, alleys, and other public R/W’s.
• Indemnification safeguarding the City from any liability resulting from the utility’s use of city property;
• Authority for the City to inspect utility work in the public R/W;
• Compensation under the franchise; and
• Timing of utility compensation payments.

Many public and private uses of the streets are for purposes other than vehicular and pedestrian traffic. The City typically allows for the placement of service mains, storm drains, street lighting and traffic control systems in the R/W. Utilities may have gas, telephone, CATV, electric, water/sewer, and other public services both overhead and underground in the R/W. Public and private interests may use the R/W for sewer laterals, driveway approaches, walkways, bikeways, or even parades. Common concerns are:

• Safety. No one wants damage to facilities or accidents resulting in injuries or fatalities. Procedures are defined within the R/W Use Ordinances to avoid disruption of facilities and provide for safe working environments during construction and maintenance operations, both for the workers and others using the R/W.
• Costs. Whether paid for by private funds, taxpayers or ratepayers, the expense of relocation and adjustment of facilities after they are in place should be minimized.
• Inconvenience. The actions of one user after another digging up the same R/W is inconvenient for all and must be controlled.
• Traffic Flow. If a project is planned with traffic impacts in mind, many unnecessary disruptions, delays, and complaints can be avoided. This may also permit the work to be completed in a more timely, efficient manner and at a lower cost.
• Disruption. Government, private industry and citizens want their vital public services to be dependable and uninterrupted.
• Public Image. A sound program for protecting the public investment in infrastructure reflects good stewardship as well as business management.
• Aesthetics. Utility cuts made to access underground facilities are not only detrimental to the street, but also present a poor image to the public. Well-maintained facilities are a credit to the agency to which they belong.

Permits and franchises are issued for occupancy or use of public Rights-of-Way when the applicant does not have property rights. These agreements define the responsibilities of parties using the public R/W. Permit procedures incorporate standards to preserve the integrity, visual quality, operational safety, and function of the public R/W. Industry codes and standards for construction and maintenance of utilities provide for safe, reliable, and economical installations of individual faculties. Failure to adequately regulate the R/W can result in liability and additional costs to the City and the facility owner.