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Road Right Of Way

All public streets, roads, and highways are located within an area known as road right of way. Additionally, the road right of way usually contains the shoulder of a road, any strips of land between the road and the sidewalk, drainage ditches located along a road, traffic signs posted along a road, and the sidewalk itself. As a result, maintenance of the road right of way is the responsibility of the government, whether it be the state, county, or local government that governs the particular road right of way in question. In order to utilize any part of the road right of way, a private landowner must seek a permit from the appropriate governmental unit. Examples of permissible activities requiring permits include the installation or resurfacing of a driveway, the installation of utilities, the removal of trees, or the temporary hanging of banners or closing of roads for a parade or other celebration.

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