STANDARDS AND PERMITS

Charlotte City Code ch. 19, art. XIII, div. 2

in effect

Charlotte City Code § 19-336 Utility right-of-way master permit required.

Sec. 19-336. - Utility right-of-way master permit required. (a) It shall be unlawful to own any utility facility located in, on, under, or above the right-of-way without a valid and un-expired utility right-of-way master permit issued by the city. A utility right-of-way master permit shall, among other things: (1) Grant to the holder of the permit the general right to have utility facilities in the right-of-way provided, however, that the master permit does not constitute a permit for any particular installation, maintenance, repair, or removal of a utility facility; (2) Specify the term of the permit (which term shall typically be for the one-year period, or portion of a one-year period, the expires on June 30); (3) Provide for the removal of abandoned utility facilities; (4) Acknowledge the city's right to require the removal or relocation of utility facilities when necessitated by a public need; (5) Provide for the defense and indemnification of the city, its officers, and employees for claims and suits arising out of the use of the right-of-way; (6) Require proof of suitable levels of insurance coverage; (7) State the rights, if any, to assign or transfer rights or obligations without the prior consent of the city; (8) Acknowledge the city's full retention of its police power; (9) Provide for the registration of all contractors who work in the right-of-way on behalf of the owner; and (10) Provide for the preparation, maintenance and maps of utility facilities located within the city. (b) Exceptions. The holder of an unrevoked and unexpired franchise issued by the city shall not be required to obtain a utility right-of-way master permit for purposes of the utility facilities located in the rights-of-way that are used for the purpose authorized by the franchise. This section shall not apply to the city. (Ord. No. 3730, § 1, 10-22-2007)

Charlotte City Code § 19-337 Powers reserved.

Sec. 19-337. - Powers reserved. A utility right-of-way master permit does not constitute a grant of all governmental approval necessary for the use and enjoyment of utility facilities located in the rights-of-way. A utility right-of-way master permit is not a franchise. With respect to the holder of a utility right-of-way master permit, the city fully retains its franchising and police power authority and the holder of a utility right-of-way master permit is not relieved of its obligation to obtain all necessary franchises and permits and to comply with all other legal requirements. (Ord. No. 3730, § 1, 10-22-2007)

Charlotte City Code § 19-338 Utility facility installation, maintenance, repair, and removal.

Sec. 19-338. - Utility facility installation, maintenance, repair, and removal. (a) The key business executive of the department of transportation is authorized to adopt, amend, and repeal standards and provisions governing the installation, maintenance, repair, and removal of utility facilities in, on, under, and over the rights-of-way. The standards and provisions shall, among other things, specify those types of activities that: (1) Require a utility work permit; (2) Do not require a utility work permit but must be done in accordance with the standards set forth in the standards and provisions; and (3) Are exempt. The standards and provisions shall also address emergency situations and activities. (b) It shall be unlawful to install, maintain, repair, or remove any utility facility in the right-of-way in violation of the standards and provisions adopted pursuant to subsection (a). (c) It shall be unlawful to install, maintain, repair, or remove any utility facility in the right-of-way without a utility work permit if the standards and provisions adopted pursuant to subsection (a) require a utility work permit for such activities. (d) Any owner of utility facilities located in the right-of-way shall maintain a map of such facilities. (Ord. No. 3730, § 1, 10-22-2007)

Charlotte City Code § 19-339 Utility pavement/sidewalk cuts.

Sec. 19-339. - Utility pavement/sidewalk cuts. (a) The key business executive of the department of transportation is authorized to adopt, amend, and repeal standards and provisions governing the making, excavation, filling, repair, and closing of a utility pavement/sidewalk cut. The standards and provisions may provide that certain activities may be undertaken only in accordance with a utility work permit issued pursuant to such standards and provisions. The standards and provisions shall also address emergency situations and activities. (b) It shall be unlawful to make, excavate, fill, repair, or close a utility pavement cut in violation of the standards and provisions adopted pursuant to subsection (a). (c) It shall be unlawful to make, excavate, fill, repair, or close a utility pavement cut without a utility work permit if the standards and provisions adopted pursuant to subsection (a) require a permit for such activities. (Ord. No. 3730, § 1, 10-22-2007)

Charlotte City Code § 19-340 Lane closure/traffic control.

Sec. 19-340. - Lane closure/traffic control. (a) The key business executive of the department of transportation is authorized to adopt, amend, and repeal standards and provisions governing the closing of any portion of the right-of-way to vehicular, pedestrian or other traffic, including standards and requirements for warning and controlling traffic including, but not limited to, development and enforcement of a Work Area Traffic Control Handbook (WATCH). The standards and provisions may provide that certain closings or traffic warning and control activities may be undertaken only in accordance with a utility work permit issued pursuant to such standards and provisions. The standards and provisions shall also address emergency situations and activities. (b) It shall be unlawful for any person to close any portion of the right-of-way to vehicular, pedestrian, or other traffic in violation of the standards and provisions adopted pursuant to subsection (a). (c) It shall be unlawful for any person to close any portion of the right-of-way to vehicular, pedestrian, or other traffic without a utility work permit if the standards and provisions adopted pursuant to subsection (a) require a utility permit for such closing. (Ord. No. 3730, § 1, 10-22-2007)

Charlotte City Code § 19-341 Additional violations.

Sec. 19-341. - Additional violations. (a) Except in an emergency, it shall be unlawful to authorize a contractor to perform work regulated by this article without first registering such contractor with the city. (b) If a contractor is performing work on a utility facility in the right-of-way, it shall be unlawful for the contractor to fail or refuse to properly identify the Utility on whose behalf the contractor is performing the work when requested to do so by the director/engineer. (c) If a subcontractor is performing work on a utility facility in the right-of-way, it shall be unlawful for the subcontractor to fail or refuse to properly identify the contractor on whose behalf the subcontractor is performing the work when requested to do so by the director/engineer. (Ord. No. 3730, § 1, 10-22-2007)

Charlotte City Code § 19-342 Fees and deposits.

Sec. 19-342. - Fees and deposits. Permit and other regulatory and nonregulatory use fees, including but not limited to utility right-of-way master permit fees, utility work permit fees, street cut patch fees, and pavement degradation fees, to be charged for the governmental activities undertaken pursuant to this division shall be established and revised in accordance with section 2-1. A cash deposit, letter of credit or warranty bond may be required in an amount prescribed by the city to guarantee the completion of work in accordance with all rules and regulations. (Ord. No. 3730, § 1, 10-22-2007)

Charlotte City Code § 19-343 Process for amending rules and regulations.

Sec. 19-343. - Process for amending rules and regulations. Prior to amending the standards and provisions authorized in sections 19-338, 19-339, and 19-340, the key business executive of the department of transportation shall provide written notice of such proposed amendments to all utilities that hold a valid and unexpired utility right-of-way master permit and provide a reasonable opportunity to comment at least 30 days before the effective date of such amendments. (Ord. No. 3730, § 1, 10-22-2007)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH19STSIOTPUPL_ARTXIIIUTRI-WUS_DIV2STPEFetched: 10/27/2026