Permanent Revocable Encroachment License
A Permanent Revocable Encroachment Permit is required for any private infrastructure placed within the City of Aspen right of way. Types of infrastructure usually include:
- Snowmelt in sidewalks and driveways
- Extensive Landscaping Including Hardscape
- Elaborate mailboxes that go beyond the standard box
- Retaining walls
All proposed infrastructure in the ROW must have prior approval shown within a building permit. Historical infrastructure can receive an encroachment permit after review by the City Engineering Dept.
REQUIRED APPLICATION SUBMISSIONS
- Completed Application via Salesforce
- Permanent Encroachment Exhibit A – stamped by Professional Land Surveyor
- Certificate of Liability Insurance
APPLICATION REVIEW FEES
- Application fee: $1000.00
PERMANENT ENCROACHMENT PERMIT REVIEW PROCEDURES
Encroachment license applications are received and reviewed by the Engineering Staff and approved or rejected by the City Engineer. Depending upon the feasibility of an encroachment into a public Right-Of-Way (ROW) and restrictions imposed upon use of the ROW for public access, delivery and installation of underground services, an application for encroachment license may be approved or rejected in accordance with the City of Aspen Municipal Code (AMC 21.04.050, 21.04.060, 21.04.070, 21.04.080, and 21.04.090).
All applications for permanent encroachments will be reviewed by the Engineering Department according to the following criteria:
- Unrestricted Access: The area of encroachment within the public ROW corridor must be accessible at all times to service/construct utilities, roadways or any other activity as deemed necessary by the City.
- Traffic Circulation: Areas designated for vehicular turning movements, deck overhang space, etc. should not be negatively impacted.
- Street or Alley Maintenance Operation: Maintenance work such as snow storage and snow removal should not be negatively impacted.
- Code & Law Enforcement: Encroachment shall not cause a problem or compound an existing problem for traffic control, city police, ambulance service or fire protection district operations.
- Impact On Income Producing Spaces: Paid parking stalls, net leasable commercial area or other income producing spaces may not be encroached unless a rental agreement is obtained from the City of Aspen prior to application for encroachment.
- Compliance with Adopted Master Plans: An encroachment shall not override the requirements of other adopted land use master plans such as the Trail corridors, Malls, improvement districts, etc.
- Benefit:Consideration of whether the encroachment is beneficial to the City of Aspen. An encroachment effectively provides public property for private use. Therefore, as a general policy, it is not in the City’s interest to grant encroachments. New structures should be able to accomplish their various needs within the confines of their property boundaries and required setbacks. Granting of encroachment will generally occur under one of the following conditions:
- To acknowledge an existing, historical unlicensed encroachment and to outline the owner’s liability and responsibility for maintenance and future removal of the encroaching structure, or
- To license an encroachment that is a public amenity. Examples may include awnings on commercial structures, non-restrictive safe objects, planters in the right-of-way (but not within pedestrian walkways), irrigation systems approved by Engineering and Parks Departments to maintain landscaping within public right-of-way.
SALESFORCE PERMANENT ENCROACHMENT APPLICATION PROCESS
Submit your permanent encroachment application with the required documents via Salesforce. Please see the status descriptions below for your reference in terms of the application approval process.
- Application Completeness Review: Application will be received and check for completeness.
- If the application is missing submissions or is fields are not filled out correctly it will be placed on “Completeness Review Failed” Status. There will be an explanation of why the application was rejected. Once the applicant makes the needed corrections the status will change.
- Complete Pending Submittal Fees: Application is complete and the application fees are now available for payment. Applicant will receive an email with a link to the available fees. Permit will not be reviewed until application fees are paid.
- Permit Review: The encroachment permit will now be reviewed by the department. Depending on the project, multiple departments may be required to review the permit.
- Once all reviews are complete and approved the applicant will receive an email with the an unsigned draft encroachment license. The applicant will need to sign and notarize the document and then email it back to the Engineering Permit Coordinator.
- Once the signed document is received the City will sign, notarize, and record the encroachment license.
- Issued: The encroachment license will then be issued, applicant will receive a signed copy as well as the recording number.