Right-of-Way Permits

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Permit Requirements for Construction Work within the Right-of-Way 

A Township right-of-way permit is required when adding or replacing a driveway, storm drainage, sidewalk, curb, irrigation, or any utility work along or under the road.

Note:  A permit is not needed for work on a private road or outside the public easement.

Before a right of way permit is approved, proof of being bonded in Washington Township is required. A $5,000 excavation bond should be issued and signed, with the original delivered to the Washington Township Public Works Department. Minimum property damage insurance should be set at $1,000,000.00. 

Utility work requires plans that are presented to and approved by the public works director before work can be performed.



OWNER: If the owner of the property is doing the work, a right-of-way permit must be filled out in order for the work to be inspected, but the owner does not need to be bonded.

CONTRACTOR: If a contractor is performing the work, a current surety bond and liability certificate must be on file at the Washington Township Public Works Department and an approved right-of-way permit obtained.

The contractor is responsible for the maintenance of traffic while the work is being performed.


Before work can be done, the contractor should make sure a surety bond is in place. To get bonded, download the bond form and take it to a bonding agent (usually your insurance company can help with this). Once filled out, the original bond form needs to be stamped by a notary and signed by the principal. A certificate of insurance with Washington Township as additional insured should also be submitted with the bond form.

The required paperwork should be brought to the Government Center. The information from the permit application and bond will be entered into our permit tracking system. Once in place, work can begin. An inspection will be required for the work and can be scheduled while the applicant is at the Government Center.

The original sealed copy is retained for our files. We will provide you with a copy upon request.

The contractor is responsible for:

  • Contacting OUPS before digging

  • Traffic maintenance

  • Calling no later than the morning of the day work is to be inspected

Note: If the homeowner plans on performing the proposed work, he or she is also considered the contractor and must adhere to all of these requirements.

Note: If utility work is being done, a set a plans must be presented and approved by the Public Works director before any work can be done or inspected.


$50.00 - Non-utility work (residential)

$50.00 - Utility work (commercial)


All utility work within the right-of-way require plans for the proposed work. The plans must show the horizontal location of the construction and any relevant existing and proposed vertical topographic elevations. Horizontal measurements must tie to known points of reference such as the centerline, right-of-way line, or property line. Vertical elevations must have known benchmarks for reference. The benchmark can be an assumed one.

Commercial plans for working in the right of way can either be submitted in person or by mail to the Public Works Department:

Public Works Department
Washington Township 
8200 McEwen Rd.
Dayton OH 45458

For questions, contact the Public Works Department at 937-433-0152


Utility installations in ditch bottoms shall maintain a minimum of 24" of cover. A minimum of 30" of cover for all utilities shall be maintained.

Crossing Under Pavement

Cutting and Township standards for restoration of low traffic volume street pavements more than 5 years old and approved by the Township Engineer will be allowed for crossing involving pipes, ducts, or conduit of 4" in diameter or larger. Conduit less than 4" in diameter shall be driven or bore jacked under the pavement except as approved by the Public Works Director.

Pipe crossing of all sizes under street pavements having high traffic volume or which are less than 5 years old since construction or resurfacing of the pavement, shall be accomplished by pushing, boring or jacking.

Crossing under paved driveways shall be accomplished by either open cutting by Township standards or by the same method as above.

All material (including cold patch mix) and equipment necessary for providing at least a temporary patch for the excavated pavement is to be completed on the same day of the pavement cut. All restoration of the pavement shall be in accordance with Washington Township's standard pavement repair details.

Permanent pavement repair is to be made upon completion of the crossing and is to be maintained or replaced when necessary by the opinion of the Public Works Director. The bond for this work will stay in place for one year after completion of the job.

Traffic Control

Contractor assumes responsibility for traffic control while the work is being performed. Traffic plan maintenance and its associated details will need to accompany the permit request.

Closing of a traffic lane or the entire road will only be permitted with the approval by the Public Works Director.