KID will consider each application for encroachment based on all of the circumstances.
A permit is required for most types of Encroachment into the KID/USBR Easement or Right-of-Way.
A permit is required for all Crossings. This would include crossings above ground or underground for all utilities.
Easement: An easement is a non-possessory interest in real property. An easement is the right to use or control property, and/or an area above or below it, for a specific limited purpose. The recipient of a grant of easement is typically referred to as a grantee. Easements are usually, but not always, appurtenant to the land benefited rather than being the personal property of an individual.
Right-of-Way: A right-of-way is the right to pass through property owned by another. A right-of-way may be held as fee title or may be in the nature of an easement.
Encroachment: An interference with or intrusion into another’s property. Anything or conduct that creates an interference with an easement or right-of-way is considered an encroachment. Encroachments can be described as a structure or thing that creates an interference of any degree with the use, maintenance, or operation of a KID facility.
Interference: The act or process of interfering, something that interferes, obstruction, to interpose in a manner that hinders or impedes the reasonably convenient use of an easement or right-of-way.
Examples of Encroachments that are allowed without a permit:
- Grass, gravel, bark, etc.
- Shallow rooted plants and bushes (30 inch maximum root growth)
- Placement of signs in a manner that they can be easily removed or replaced
Examples of Encroachments that must be approved through the permitting process:
- Moveable, non-permanent structures (small sheds, swing sets, vehicle parking)
- Overhangs, eaves, cantilever spaces, bay windows
- Retaining walls and/or patios
The cost associated with a permit are as follows:
Application Fee: $350.00