Council narrows right-of-way excavation fee: will keep $650 charge for asphalt, curb/gutter and sidewalk cuts

River Heights councilors on Feb. 3 revised the city’s right-of-way excavation fee policy to eliminate a $650 permit charge for routine resident work that does not disturb asphalt, curb and gutter, or sidewalks while preserving the fee for those cuts so the city retains funds for warranty repairs.

Public Works Director Clayton Nelson told the council that the current $650 right-of-way permit discourages homeowners from obtaining permits for small projects and that many proceed without permitting. He recommended charging the $650 only for work that involves removing asphalt, curb and gutter, or making a sidewalk cut; for other right-of-way activity the city will still require a permit but waive the fee to encourage compliance and inspections.

Councilors discussed refundable deposits and inspection timing, and staff noted the city typically holds the refundable portion for a warranty period (up to one year) before returning it if no repair is needed. Council adopted resolution 1-2026 with revised language indicating the excavation permit fee remains in place for asphalt/curb/gutter and sidewalk cuts and will not apply to other right-of-way work.

Ending

The resolution passed by voice vote; staff will incorporate the clarified language into the formal resolution document and post the update to city materials.