Right-of-Way Use Agreement Resources

The following resources provide policy and technical information on Right-of-Way Use Agreements.

FHWA Resources

FHWA, 2021

The FHWA is issuing this memorandum to provide FHWA Division Offices and State Departments of Transportation (State DOTs) guidance for addressing emerging types of alternative uses of the highway right-of-way (ROW).

FHWA, 2012

FHWA policies §710.405 outlining Right-of-Way Use Agreements.

FHWA

Accommodating public utilities on highway right-of-way has traditionally been at no cost to the utility, or only involves direct cost reimbursement for replacement ROW.

 

Air Right Development

Virginia Department of Transportation, 2017

Air Rights development information in Virginia is provided, including a fact sheet, presentation from a public meeting, Q&A, and information from a Request for Information submittal.

 

CBRE, 2017

In crowded cities like New York, developers are purchasing the usable air space above buildings. The purchase and sale of air rights is becoming popular in other cities around the world. This article outlines how these air rights are being managed in London, Seattle and Boston.

 

County of Fairfax, 2016

This paper provides some background on Air Rights Development, Federal regulations, and Virginia Code. Various successes and challenges are also discussed.

 

Ryerson University, 2015

Air rights development (ARD) above/below public assets can achieve a number of smart growth principles while also being a land value capture tool. However, there are several complexities associated with ARD, along with bureaucratic resistance to an unfamiliar form of development. This Master's Thesis explores the different ways a public entity can address these challenges and build an effective implementation structure for ARD.

 

MIT Department of Urban Studies and Planning and the Center for Real Estate, 2004

Air rights development is complex and requires special scrutiny and treatment from a planning and policy perspective, a distinct understanding of urban design and attention to neighborhood context, and specific development principles for construction and financial feasibility. This Master's Thesis describes these unique considerations both generically and through analysis of the Massachusetts Turnpike in Boston. It examines three cases: a completed air rights development, a planned development that has gone through the permitting phase, and a proposed air rights development as it seeks the path of least resistance for development.

 

A. Dan Tarlock, Indiana University School of Law, 1969

This report is a book review of "The Law of Airspace" by Robert R. Wright.

 

American Planning Association, 1964

This is a reposting of a historical 1964 planning document that gives an overview of air rights issues, legislation and implementation - specifically in how it relates to urban growth.

 

ROW Use Agreements General

Colorado Department of Transportation, 2016

Chapter 7 of the Colorado Right of Way manual deals with general Right of Way information, and real estate information including air space rental and leases.

 

California Department of Transportation, 2017

This is a notice and invitation to bid for leasing of state-owned freeway lease areas in California's District 4.

 

Darwin G. Stuart, Barton-Aschman Associates, Chicago, 1968

This historical text identifies safety rest areas, service plazas, scenic overlooks, and truck weigh stations as some examples of highway rights-of-way uses. It identifies important principles and problems in multiple-purpose freeway land development within urban areas, and specifically addresses air rights developments in this historical context.

 

FHWA

It has been recognized that it is in the public interest for utility facilities to jointly use the right-of-way of public roads and streets when such use and occupancy does not adversely affect highway or traffic safety, or otherwise impair the highway or its aesthetic quality, and does not conflict with the provisions of Federal, State, or local laws and regulations.

 

Broadband Resources

Broadband Deployment in Highway Rights of Way: Successful Practices of Broadband Deployment in Highway Rights of Way: Summary Paper

Renewable Energy (Solar) Resources

Quick Guide for Renewable Energy Projects

Renewable Energy Project Examples

Requirements for Renewable Energy Projects in Highway Right-of-Way (ROW)

Innovative Uses of ROW including 3 examples

Peer exchange report

Renewable Energy in Highway Right-of-Way: Examples of alternative uses – including uses on Non Federal-aid ROW

Roadside Renewables: Exploring Alternative Uses of Highway Right-of-Way to Reduce Costs

Outdoor Advertising

Outdoor Advertising Federal/State Agreements

Federal/State agreements required by the Highway Beautification Act

Outdoor Advertising Agreements
Federal/State Agreement Agreements
Alabama THIS AGREEMENT made and entered into this 23rd day of March, 1972
Alaska THIS AGREEMENT made and entered into this 29th day of March, 1968
Arizona THIS AGREEMENT made and entered into this 18th day of December, 1971
Arkansas THIS AGREEMENT made and entered into this 24th day of January, 1972
California THIS AGREEMENT made and entered into this 15th day of February, 1968
Colorado THIS AGREEMENT made and entered into this 9th day of July, 1971
Connecticut THIS AGREEMENT made and entered into this 11th day of September, 1967
Delaware THIS AGREEMENT made and entered into this 1st day of May, 1968
District of Columbia THIS AGREEMENT made and entered into this 7th day of September, 1967
Florida THIS AGREEMENT made and entered into this 27th day of January, 1972
Georgia THIS AGREEMENT made and entered into this 26th day of January, 1972
Hawaii THIS AGREEMENT made and entered into this 13th day of July, 1967
Idaho THIS AGREEMENT made and entered into this 2nd day of June, 1971
Illinois THIS AGREEMENT made and entered into this 25th day of April, 1972
Indiana THIS AGREEMENT made and entered into this 4th day of August, 1971
Iowa THIS AGREEMENT made and entered into this 20th day of April, 1972
Kansas THIS AGREEMENT made and entered into this 3rd day of April, 1972
Kentucky THIS AGREEMENT made and entered into this 21st day of December, 1971
Louisiana THIS AGREEMENT made and entered into this 31st day of January, 1971
Maine THIS AGREEMENT made and entered into this 27th day of December, 1967
Maryland THIS AGREEMENT made and entered into this 15th day of February, 1968
Massachusetts THIS AGREEMENT made and entered into this 31st day of December, 1971
Michigan THIS AGREEMENT made and entered into this 30th day of March, 1972
Minnesota THIS AGREEMENT made and entered into this 18th day of November, 1971
Mississippi THIS AGREEMENT made and entered into this 6th day of March, 1972
Missouri THIS AGREEMENT made and entered into this 22nd day of February, 1971
Montana THIS AGREEMENT made and entered into this 27th day of January, 1972
Nebraska THIS AGREEMENT made and entered into this 29th day of October, 1968
Nevada THIS AGREEMENT made and entered into this 27th day of October, 1968
New Hampshire THIS AGREEMENT made and entered into this 2nd day of June, 1971
New Jersey THIS AGREEMENT made and entered into this 29th day of December, 1971
New Mexico THIS AGREEMENT made and entered into this 18th day of November, 1971
New York THIS AGREEMENT made and entered into this 13th day of May, 1968
North Carolina THIS AGREEMENT made and entered into this 7th day of January, 1972
North Dakota THIS AGREEMENT made and entered into this 31st day of January, 1972
Ohio THIS AGREEMENT made and entered into this 26th day of June, 1968
Oklahoma THIS AGREEMENT made and entered into this 14th day of April, 1972
Oregon THIS AGREEMENT made and entered into this 20th day of December 2002
Pennsylvania THIS AGREEMENT made and entered into this 6st day of January, 1972
Puerto Rico THIS AGREEMENT made and entered into this 23rd day of January, 1968
Rhode Island THIS AGREEMENT made and entered into this 13th day of July, 1972
South Carolina THIS AGREEMENT made and entered into this 10th day of January, 1972
South Dakota THIS AGREEMENT made and entered into this 1st day of November, 1979
Tennessee ~ amended in 1984 with this supplemental agreement THIS AGREEMENT made and entered into this 11th day of November, 1971
Texas THIS AGREEMENT made and entered into this 2nd day of May, 1972
Utah THIS AGREEMENT made and entered into this 18th day of January, 1968
Vermont THIS AGREEMENT made and entered into this 28th day of June, 1967
Virginia THIS AGREEMENT made and entered into this 28th day of July, 1967
Washington THIS AGREEMENT made and entered into this 13th day of October, 1971
West Virginia THIS AGREEMENT made and entered into this 6th day of January, 1969
Wisconsin THIS AGREEMENT made and entered into this 28th day of March, 1972
Wyoming THIS AGREEMENT made and entered into this 8th day of June, 1971