What Is the Public Right-of-Way?
The public right-of-way is the strip of publicly controlled land that a street occupies, generally from one property line to the other — including the travel lanes, parking, curb, sidewalk, and parkway. Work within it is governed by the agency that owns the road, whether a city, county, or the state.
Last reviewed: June 24, 2026
Why It Matters
Because the right-of-way is public, working in it requires permission — usually a permit — and following the owning agency's standards and conditions.
Knowing where the right-of-way begins and who owns it is the first step to knowing which rules apply.
Where It Shows Up in the Field
The right-of-way is the space between private properties that includes the roadway and sidewalk; work in any part of it is regulated.
The owning agency — Caltrans for state highways, the county for county roads, the city for city streets — determines the permit and standards.
Common Mistakes
- Assuming work near a property does not enter the right-of-way when it does.
- Getting a permit from the wrong agency for the road.
- Blocking the public right-of-way — sidewalks, driveways — without authorization.
What to Check Before Work Begins
- Which agency owns and maintains the road and right-of-way.
- That the correct permit is in place for work in the right-of-way.
- That public access through the right-of-way is maintained.
Related Terms
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Frequently Asked Questions
What is the public right-of-way?
It is the publicly controlled land a street occupies — typically from property line to property line — including travel lanes, parking, curb, sidewalk, and parkway. Work in it is regulated by the agency that owns the road.
Do I need permission to work in the right-of-way?
Yes, generally. Work in the public right-of-way usually requires a permit — often an encroachment permit — from the agency that owns the road, and must follow that agency's standards.
Need help with permits and agency coordination?
Work Zone Compliance is an educational resource. Public Ready supports permit readiness, encroachment and right-of-way submittals, agency coordination, and corrections across Southern California.
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