If proposed on-site construction activity may potentially cause damage to infrastructure within a Montgomery County ROW, a permit is required. If the proposed location is a state or municipal roadway, you must obtain a permit from that jurisdiction. Infrastructure may include driveway aprons, storm drain inlets, curb and gutter, roadway pavement, etc. Typically, the building permit applicant is notified by Land Development staff when a restoration of ROW permit is required.

In most cases, this type of permit is secondary to a construction permit such as a building addition, home renovation, swimming pool construction, etc. If the proposed work impacts a roadside tree, a roadside tree plan may also be needed.

At a minimum, a house location survey or site plan with the proposed construction location is required. Ideally the plan will show the existing right of way facilities, i.e. driveway apron, sidewalk, curbs, roadside trees, etc. If applicable, a tree protection plan is required. When submitting electronically you will need to meet the ePlans submittal requirements .

Typically, this type of permit will be issued within 2 – 3 weeks from submittal depending on DPS staff workload.