Right of Way

For most properties, land ownership technically extends to the middle of the street. However, the city has easement rights over the land between the center of the street to an area beyond the edge of the street, extending into your yard. This area is called the right-of-way.

This strip of land is intended to be used for roads, crosswalks, sidewalks, trails or utilities. The city’s easement allows us to monitor and manage the right-of-way, ensure safe vehicle and pedestrian travel and use the right-of-way for snow storage and public infrastructure.

View the city’s right-of-way ordinance and use the sections below to learn more.

Right of Way Permits

Annual registration and site-specific right of way permits are required for all underground (bore or trench) utility work done in the City right of way.

Annual Registration Requirements:

Annual ROW Registration Form(PDF, 138KB) (Required Annually + $100.00 fee)
Certificate of Insurance naming the City of Medina as additional insured (dates must be updated annually to reflect current license year)
$50,000 performance bond (either the general contractor or subcontractor will need to provide)
To the extent known, the city is also requesting each ROW user to file a construction and major maintenance plan for underground facilities, with the locations and estimated beginning and end dates of all projects to be commenced during that calendar year.
- Notice-to-Excavator-or-Operator(PDF, 1MB): Minnesota Statutes 216D.03 to 216D.07 require local government units to continuously display an excavator and operator's notice and copy of section 216D03-07 must be furnished to each person obtaining a permit for excavation.

Site-Specific ROW Requirements:

ROW Application Form(PDF, 334KB) – (Submit application + $100.00 fee)
- Notice-to-Excavator-or-Operator(PDF, 1MB): Minnesota Statutes 216D.03 to 216D.07 require local government units to continuously display an excavator and operator's notice and copy of section 216D03-07 must be furnished to each person obtaining a permit for excavation.

Easements on Your Property

Hennepin County maintains official records of all easements on a property. Contact the county to learn about easements on your property.

The city can assist with determining the location of some of your property’s easements. Contact the Planning Department at 763-473-4643 for assistance.

Easements can impact how you use the land you own. For example, setbacks for structures are measured from your property line at the edge of the right-of-way, rather than the edge of the street.

Right of Way Use Restrictions

The city’s easement allows us to restrict certain private uses of the right-of-way and require permits for some uses. Here’s what Medina property owners need to know about right-of-way uses adjacent to your property:

Allowed Uses with No Approval Required: turf, shrubs and landscaping that do not obstruct the view of traffic, mailboxes that meet USPS standards, irrigation systems and underground pet fencing.
Use That Requires a Permit: retaining walls, monuments, berms.
Prohibited Uses: fences, deciduous trees (i.e. maple) within 15 feet of the curb, coniferous trees (i.e. pine) within 20 feet of the curb, or anything that interferes with the city’s use of the easement.
Maintenance: Property owners are required to mow and maintain the boulevard area adjacent to their property and keep it free of obstructions.
Removals: The city has the right to remove any private use of the right-of-way, permitted or not, to improve the easement or install, repair, maintain, access or remove any public facilities. In some cases, this could be at the expense of the property owner. The city has no obligation to replace anything other than turf in the event the right-of-way is disturbed by street or utility work.

Call Before You Dig

If you’re planning to dig for any reason, contact Gopher State One Call or call 811 to request utility location at least 48 hours in advance. Utility companies are notified and will mark the utility locations with small flags and/or paint.

It’s crucial to preserve and maintain the location of the flags and paint until work is complete, as displaced markings may lead to accidental damage of the existing utilities.

I didn't request a locate, why are there flags/paint in my yard?

If utilities are marked by paint and/or small flags, but you or your contractor didn’t request utility location, it’s likely utility work or road construction is about to begin on or near your property.

To look up who made the request, visit Gopher State One Call’s website and click “find a ticket” to search for your property. Any requests from the last month will be displayed; click on each to learn more.

When do I need to request a utility locate?

Utility locations should be requested for ALL digging or construction, from big projects (road construction, home additions, installing a pool) to small items (real estate signs, mailboxes, planting trees or shrubs, removing a stump).

What doesn't get marked?

Private underground facilities, such as private utility lines and distribution networks, do not get marked by public utility companies. If you think you may have private facilities, contact a private utility locator to identify and locate them.Visit this page to learn more.