Public Right-of-Way

[Francis Vineyard]

What is the definition to use for public right-of-way in this section?



3202.2 Encroachments above grade and below 8 feet in height. Encroachments into the public right-of-way above grade and below 8 feet (2438 mm) in height shall be prohibited except as provided for in Sections 3202.2.1 through 3202.2.3.

Doors and windows shall not open or project into the public right-of-way.

As always thanks for all the help.

 

[mark handler]

Different states have different definitions of PROW

The Public Right-of-Way (ROW) includes all public streets, public sidewalks, and areas reserved for future streets, sidewalks, and public infrastructure. In many cases, the ROW also includes greenspace lying parallel to public streets and sidewalks.

IBC 2009

SECTION 1002

DEFINITIONS

PUBLIC WAY. A street, alley or other parcel of land open to

the outside air leading to a street, that has been deeded, dedicated

or otherwise permanently appropriated to the public for

public use and which has a clear width and height of not less

than 10 feet (3048 mm).

 

[AegisFPE]

As the term is not italicized in the text, it does not appear to be defined by the code.

Perhaps the intended meaning may be similar to that of Public Way, which is defined.

In such case, it may be that every "public right-of-way" could also be a Public Way, though a Public Way need not necessarily be a "Public Right-of-Way."

 

[RJJ]

Agree with AegisFPE with one twist. A public way differs in that the public can move in,on or through it. It has no legal bounds. A side walk may be a public way, but out of Right of way.

A street owned either private or public, local ahj, state or federal would have a legal description that creates the legal right of way. A new term out there is ultimate right of way that lends it self to what a street, road etc may one day become either by purchase or condemnation.