Maintenance of Right-Of-Way

The Public Right of Way (ROW) is the dedicated space for public infrastructure: streets, sidewalks, and utilities. The ROW generally extends beyond the constructed street or sidewalk by a couple of feet. This area may be a slope between a back yard fence and the road, landscaping, or manicured lawn in the front or side yard. A property survey will locate the exact location where the private property transitions into the ROW.

The maintenance responsibilities for the ROW lie on the individual property owners, with the exception of the roadway driving surface. Grass shall be mowed and landscaping manicured or maintained to keep the sidewalk free from branches, leaves, foliage, dirt, debris, snow, and ice. The Smithville City Code, section 520.130 clearly defines that sidewalks, trees, and lawns adjacent to the roadway are to be maintained by the adjacent property owner, even areas within ROW. This section was revised at the December 7, 2021 Board of Aldermen meeting. 

Property owners should not allow grass, weeds or other vegetation in excess of seven (7) inches to grow in the ROW. If there is a sidewalk present, property owners should keep the sidewalk in front of or alongside of the property in good order and free from obstructions and vegetation.