Skip to main content
CityRuleLookup

Kill Devil Hills, NC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Approving department
Public Services Department
Minimum driveway width
10 feet
Approved materials
concrete or asphalt only
Permanent structures in ROW
prohibited
Developer bond hold
up to 120 days

Summary

Kill Devil Hills requires Public Services Department approval before any driveway, walkway or drainage improvement is built in a town right-of-way, with set width, material and culvert standards. Hard or permanent structures within the right-of-way are outright barred.

Property owners proposing to install driveways, walkways, culvert pipes, ditches or swales, or similar access improvements within town-owned rights-of-way, shall be responsible for construction and maintenance of such improvements within the right-of-way. Construction plans shall be submitted showing width, length, elevations and type of materials to be used for such access improvements. Upon approval by the Public Services Department, the property owner or contractor shall schedule an on-site, pre-construction meeting with a representative of the Public Services Department. ... Hard or permanent structures are prohibited within the right-of-way.

Full Breakdown

16(A) makes property owners who install driveways, walkways, culvert pipes, ditches or swales in town-owned rights-of-way responsible for construction and maintenance, and requires them to submit construction plans showing width, length, elevations and materials for Public Services Department approval, schedule an on-site pre-construction meeting, and secure final approval before a certificate of occupancy issues on new construction. Only concrete or asphalt may be used absent a site-specific Public Services exception, and single- and two-family driveways need at least one paved section a minimum of 10 feet wide with up to a 15-foot radius and 10-foot length from the existing pavement edge, built of 4-inch 3,000 psi concrete (6 inches within 3 feet of the pavement edge) or an ABC stone base topped with asphalt.

Culverts crossing town ditches must be installed before the driveway is built, using aluminum or double-walled HDPE pipe per NCDOT specifications, sized as the Public Services Department directs (with a specific size table for the east side of Memorial Boulevard), and inspected by the department before backfilling. 16(B) allows adjacent owners to seed or landscape the right-of-way strip between the pavement and their property line but flatly bans hard or permanent structures there and bars anything that would obstruct the street or drainage. 16(C) requires private developers building a new street in a town right-of-way to post a seeding-and-stabilization bond, calculated from a certified cost estimate plus 15% contingency, held for up to 120 days after the Board of Commissioners accepts the completed work.

Violations & Fines

Improvements built in the right-of-way without the required plans or Public Services Department approval are not authorized under § 91.16, and final approval must be secured before an occupancy permit issues on new construction. Hard or permanent structures placed in the right-of-way are prohibited outright under § 91.16(B)(2), and access across a drainage ditch or swale without prior approval is likewise barred under § 91.16(A)(2).

Frequently Asked Questions

Do I need town approval to build a driveway in the right-of-way in Kill Devil Hills?
Yes. Section 91.16(A) requires submitting construction plans to the Public Services Department, an on-site pre-construction meeting, and final approval before an occupancy permit is issued for new construction.
Can I build a fence or wall in the right-of-way strip near the street?
No. Section 91.16(B)(2) prohibits hard or permanent structures within the public right-of-way, though owners may seed or landscape that area as long as it does not obstruct the street or drainage.
What materials are allowed for a driveway crossing a town right-of-way?
Only concrete or asphalt, unless the Public Services Department approves another material based on site conditions. Single- and two-family driveways need at least 4-inch 3,000 psi concrete or an ABC stone base topped with asphalt, per § 91.16(A)(1).

Sources & Official References

Other rules in Kill Devil Hills

All Kill Devil Hills rules

Compare Kill Devil Hills to another location·View the North Carolina sidewalk & pedestrian rules overview

Get notified when Encroachment Permits in Kill Devil Hills, NC changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.