Thinking about trimming a lakeside oak, resurfacing your driveway, or setting a new fence in North Bay? Small exterior projects can spill into the public right of way and trigger permits you did not expect. You want to protect your property, stay compliant, and avoid costly do-overs. This guide breaks down what right of way means in North Bay, who to call, what usually needs a permit, and how to keep your project on track. Let’s dive in.
Right of way basics in North Bay
The public right of way is land that serves streets, sidewalks, utilities, and drainage. It often includes the paved road, the roadside swale, the boulevard or tree lawn, and sidewalks. Even if the grass looks like your front yard, much of that strip can be public right of way.
An easement is different. An easement is a legal right to use part of your land for a specific purpose, such as utilities. Both public ROW and private utility easements can limit where you plant, dig, or build. If your improvement crosses into either, it can be considered an encroachment.
An encroachment is any private improvement that extends into the public ROW or onto a public easement. Examples include fences, expanded driveways, or a retaining wall that pushes into the boulevard. Unauthorized encroachments can be removed and may lead to fines and repair costs.
Identify road jurisdiction first
Before you start, confirm which agency is responsible for the road in front of your home. In and around North Bay, responsibility can fall to the local municipality, Racine County, or the Wisconsin Department of Transportation for state routes.
Here is how to check:
- Look at street signs. State or county route markers suggest nonmunicipal control.
- Use Racine County parcel and ROW maps to see property lines and public ROW.
- Call the municipal clerk or public works to confirm control for your block.
- If it looks like a county highway, contact the Racine County Highway Department. You can start at the Racine County website and navigate to Highway.
- If it is a state trunk highway, consult WisDOT about access permits.
When in doubt, make two calls. Start with the municipal office and then Racine County to verify.
Common projects and what is usually required
Rules vary by agency, so always confirm locally. These are common expectations for North Bay and Racine County.
Trees in the boulevard and on your lot
- Boulevard trees are often treated as public assets. Removing or heavily pruning a boulevard tree usually requires municipal approval. Unauthorized work can trigger fines and replacement requirements.
- If a tree trunk sits in the public ROW, removal typically needs permission. If the tree sits on your property but branches overhang the ROW, pruning must be careful and not damage public infrastructure.
- Utilities may trim for safety near power lines. Coordinate with the utility before work near lines.
Who to call: municipal public works or forestry for boulevard trees, plus utility companies for safety clearances.
Driveways, aprons, and culverts
- Adding a new driveway or changing an apron onto a municipal or county road almost always needs a permit. County highways require a county approach or driveway permit. State routes require WisDOT access permits.
- If your driveway crosses a ditch, an approved culvert with correct size and slope is typically required. You often pay for culvert installation and maintenance, but size and material must meet county or municipal specifications.
- Extending or repaving into the ROW can change drainage. Expect grading and stormwater reviews. Sight distance and spacing rules protect safety near intersections.
Who to call: municipal public works for local streets, Racine County Highway for county roads, and WisDOT for state highways.
Fences, walls, patios, and landscaping
- Most municipalities prohibit permanent fences, walls, sheds, or patios in the public ROW. Temporary items can be removed if they interfere with maintenance or safety.
- Zoning setbacks apply even if the street has a wide ROW. Measure from property lines, not the curb. The wider the ROW, the more likely your project is closer to the line than you think.
- Staging items in the street such as dumpsters or portable toilets often requires a temporary ROW permit.
Who to call: municipal building and zoning for setbacks and permits.
Utilities, underground work, and digging
- Utility easements can cross your lot and limit what you can plant or dig. Check your deed, plat, and county records.
- Call before you dig. Contact Wisconsin 811 (Digger’s Hotline) to locate underground utilities before any excavation. This is required near ROW and strongly recommended on private property.
- Trenching or utility work in the public ROW needs permits from the municipality or county.
Who to call: Wisconsin 811 first, then municipal or county permits as needed.
Mailboxes and temporary signs
- Roadside mailboxes must follow USPS placement and clearance rules. See the USPS mailbox guidelines for height and setback.
- Private signs in the ROW are usually regulated or prohibited. Temporary sign permits, if allowed, are often required.
Who to call: USPS for mailbox standards and municipal zoning or public works for signs.
How to avoid encroachments
- Confirm your front property line and the width of the public ROW before you design or dig.
- Do not assume the grass beyond the curb is yours to use. Many boulevards are within the ROW.
- Check for utility easements on your lot. Plants and structures placed there can be removed during utility work.
- Get written approval when required and keep it with your records.
Step by step workflow for North Bay projects
Follow this simple process before you touch a shovel.
- Determine jurisdiction
- Use the Racine County parcel viewer or your plat to see parcel lines and call the municipal clerk to confirm who maintains your street.
- If signs point to a county highway, contact the Racine County Highway Department through the Racine County website.
- Identify required permits
- Driveways and culverts: municipal public works for local streets, Racine County Highway for county roads, WisDOT for state routes.
- Boulevard trees: municipal public works or forestry.
- Excavation of any kind: call Wisconsin 811 before digging and secure excavation permits if any work will be in the ROW.
- Fences, retaining walls, patios, or landscaping near the street: check municipal zoning and building permits.
- Gather documents
- Property deed, recorded plat or survey, and a simple site plan that shows distances from property lines and the street.
- Basic grading or drainage notes if you change a driveway or add a culvert.
- Contractor information if you hire out the work.
- Submit applications
- Include drawings, dimensions, proposed materials, and culvert specifications if needed.
- Allow time for review. Plan projects around seasonal workloads and weather.
- Get utility approvals
- Coordinate with power, gas, and cable providers for clearance near overhead or underground lines.
- Confirm mail service and plow clearance if you move a mailbox.
- Hire qualified contractors
- Work with contractors who know local rules, pull the right permits, and build to municipal or county specifications.
- Keep records
- Save permit approvals, utility locate tickets, and final sign-offs. Good documentation helps with future sale or lender questions.
Risks and enforcement you can avoid
- Working without a required permit can result in stop work orders, fines, and removal or relocation at your expense.
- If an unauthorized improvement damages a public utility or blocks drainage, you may be liable for repairs.
- Public land remains public. Adverse possession does not apply to the public ROW, even after many years of private use.
- Fixing a noncompliant driveway, culvert, or fence usually costs more than doing it right the first time.
Quick North Bay scenarios
- You plan to widen your driveway toward the street. You likely need a driveway permit and a drainage review. If you cross a ditch, expect culvert specs from the road agency that maintains your street.
- A boulevard maple has lifted the sidewalk. Do not remove or cut the tree on your own. Contact municipal public works to evaluate and guide next steps.
- You want to install a front fence for privacy. Measure from your front property line and check local setbacks. Fences in the ROW are typically not allowed.
- You are adding landscape beds along the curb. Keep permanent edging out of the ROW and confirm any rules for plantings near utilities. Plantings in easements can be removed when work occurs.
Keep records for peace of mind
Good records reduce stress when you sell or refinance. Keep copies of permits, written approvals for boulevard work, utility locate tickets, and final inspection notes. If a future survey shows a question about the ROW, your file helps show you followed proper procedures.
If you want a second set of eyes before you list or start a project, connect with a local pro who can flag permitting red flags early. Small steps now protect value later.
Ready to talk through a project near the ROW or prep your home for market the right way? Request a free consultation and home valuation with The Tony Veranth Team.
FAQs
What is the public right of way in North Bay?
- The right of way is land reserved for public use such as streets, sidewalks, utilities, and drainage. It often includes the boulevard or tree lawn in front of your home.
Who decides permits for my street in Racine County?
- Control can be municipal, Racine County Highway, or WisDOT for state routes. Check signs, use parcel maps, and call the municipal clerk. If unsure, confirm with both the municipality and Racine County.
Do I need a permit to change my driveway apron?
- In most cases yes, especially if you alter the apron, add a culvert, or change drainage. County roads use county permits and state highways require WisDOT access permits.
Can I remove a boulevard tree on my block?
- Not without approval. Boulevard trees are often treated as public. Contact municipal public works or forestry to evaluate options and permissions.
What should I do before any digging near the street?
- Contact Wisconsin 811 (Digger’s Hotline) to locate utilities, then obtain any excavation permits if work will occur in the ROW.
Are fences allowed close to the curb in North Bay?
- Fences and permanent structures are typically not allowed in the public ROW. Setbacks and ROW width determine how close you can build. Confirm with municipal zoning before installing.
