Right-Of-Way (ROW) Permits

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What is the Right-of-Way (ROW) Permit needed for?

The Right-of-Way Permit allows an applicant to perform construction work within City Right-of-Way, which is typically the area 11 feet back of curb toward the property owner. This includes (but not limited to) excavation for utilities, driveway approaches and sidewalk replacement.

Permits are required for all work in the Right-of-Way except:

  • Work that has been permitted under other city permits, which exempt ROW permit.

  • Contractors working on construction or reconstruction of public improvement projects.

  • Right-of-Way franchise agreement users performing routine service operations that do not require excavation/construction in the right-of-way and do not disrupt traffic flow.

Application Fees:

  • $40 per parcel and typically limited to 10 parcels per permit.

  • Larger projects are subject to review, reasonable modification, and approval.

  • No fee will be assessed for sidewalk replacement (but a permit and inspection is still required).

  • Fees may be waived by the City Engineer under certain conditions.

Additional Requirements:

  • All contractors need to provide a current certificate of insurance with the City of Gardner as certificate holder and additionally insured.

  • A performance and maintenance bond of $5,000 per project (or cost of restoration if greater), or $50,000 renewable annually may be required.


  • Permits will be inspected to ensure conformance to city/ADA standards and that acceptable restoration of the ROW is performed.

  • Schedule form and restoration inspections at least 24 hours in advance.

  • Adhere to City of Gardner’s standard details & drawings.

If you have any questions or to schedule an inspection on a ROW Permit please email engineering@gardnerkansas.gov