Driveway Encroachment Permits
A reminder from the Division of Highways to property owners building new driveways — don’t forget your permit. Available free of charge from any Division office, permits are required by state law in order to assure that there is no uncontrolled access to state highways that would reduce the road’s safety or interfere with efficient movement of traffic. Unauthorized driveway installation can result in a fine or removal by Highways employees.
Permits are granted when the driveway or approach is for the legitimate purpose of gaining access to private property and when its location, design and construction is in accordance with DOH specifications.
Displays or operation of a private business are not allowed on state-owned right-of-way. Nor are storage, parking, or servicing of vehicles.
Highways’ specifications for driveway construction are designed to provide adequate sight distance for traffic, proper roadway drainage and suitable slopes for road maintenance. Safety requires that driveways not be located in sharp curves, on steep grades, within intersections, or where they will interfere with signs, signals or drainage.
Before building, check with your District Office.
The following forms may be downloaded, filled in and printed:.
Encroachment Permit Form MM-109*
Encroachment Bond Form SM-6**
*Print this form on 8 1/2" X 14" paper. Use both sides of the paper to print or photocopy the two pages into a one page document. Mail or deliver the signed form along with any plans, drawings or specifications to the District/County Permit Office where the work will be performed.
**Print this form as an 8 1/2" X 11", two page document. Appropriate spaces can be typed on page one. Once printed, the applicant and the surety company must sign on page one. All signatures on the first page are to be notarized on page two. A power of attorney form should accompany the bond form.
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