Jefferson County Highways & Transportation
100 Jefferson County Pkwy, #3500 Golden, CO 80419-3550 ph: 303-271-8459 fax: 303-271-8490
License Agreement Information
A property owner may not construct any permanent structures or make any modifications to property located within the county right-of-way (ROW) without a license agreement. Private improvements such as decorative pillars, fences, retaining walls, rocks, posts, landscaping, or any other obstructions are typically not allowed in the ROW.
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License agreements are not typically issued for new retaining walls or fences. License agreements are not typically used to ‘legalize’ existing improvements in the ROW. License agreements for short landscape plantings behind existing curb and/or sidewalk or within medians for subdivision entrance beautification is generally an acceptable situation.
Approval criteria In carefully reviewed circumstances, a license agreement may possibly be granted to a private property owner to allow the construction of private improvements within County ROW, if the following criteria are met: 1. The existing ROW width exceeds the minimum required for the street classification as specified in the county Roadway Design and Construction Manual (50’ for locals and collectors) 2. The improvements will not negatively impact roadway safety or drainage 3. The improvements will not negatively impact the County’s use or maintenance of the ROW 4. The improvements will be adjacent to the licensee’s property 5. The License Agreement is approved by the Board of County Commissioners Your responsibilities 1. The applicant must provide a survey that accurately locates the property/right-of-way boundary and the proposed improvements. In some cases, the county does not have deeded and dedicated ROW for the road that passes through private property. In that case, the drawing should show your property line. A license agreement is still required to encroach on any part of the roadway currently maintained by the County, including ditches and side slopes. 2. Before the license agreement is scheduled for hearing, the applicant must provide a legal description and exhibit of the license agreement area, prepared by a Colorado licensed surveyor. 3. The applicant may be required to provide detailed landscape or construction plans. 4. The applicant is responsible for obtaining all other required permits prior to beginning construction. License agreements can not be granted “on the spot” The process can take from 1 to 2 months. License agreements are reviewed on a case by case basis by several County departments (Planning & Zoning, Road & Bridge, Traffic Engineering and Construction Engineering), typically within 2 weeks of the request. If there are no objections, the request will be scheduled for a Board of County Commissioner’s public hearing, which is held every Tuesday. Your request must be scheduled a minimum of 2 weeks in advance of the hearing date. All license agreements are of a temporary nature The license agreement states that the licensee (applicant) agrees to remove the improvements at the request of the County, should the improvements ever interfere with safety or the County’s use and maintenance of the right-ofway, or if the licensee fails to maintain the improvement. The County is also not liable for any damage to the improvement that may be caused by roadway maintenance activities or the public using the roadway. A license agreement is personal only to the licensee and does not "run with the land". If you feel that you meet the criteria for a license agreement, please call Jefferson County Highways & Transportation at 303-271-8459 and ask to speak to a Right-of-Way Agent.