NamePositionPhoneFax
Nick Jarrell Right of Way Manager (260) 427-2721 (260 )427-1269
Right-Of-Way Permit Office   (260) 427-6155 (260 )427-1269
Indiana Underground Plant Protection Service   1-(800) 382-5544  
Underground Plant Protection Service (Outside IN)   1-(800) 382-5544  

 

FOR SIDEWALKS, YARD-WALKS, DRIVE APPROACHES, & CURBS

Sidewalk1 before    Sidewalk1 after

Before                                   After

The 50/50 Barrett Law Cost Share Program for Concrete Repair

(Sidewalks, Yard-walks, Curbs, & Drive Approaches)

THE BUDGET FOR 2024 CONSTRUCTION HAS BEEN MET! 

FURTHER CORRESPONDANCE HAS BEEN MAILED WITH DETAILS ON THE NEXT STEPS THAT WILL OCCUR WHETHER YOUR PROPERTY HAS MADE IN ONTO THE LIST FOR 2024 CONSTRUCTION OR NOT. 

Petitions may still be submitted this year, but please know that there will not be any potential for construction until 2025.

Check out our Engage Fort Wayne website link! 

 

The City of Fort Wayne Cost Sharing program for concrete repair is a great option for homeowner(s) seeking to partner with the City in having improvements made in their neighborhood. Under this program, the City and the petitioning homeowner (or homeowners) will pay 50 percent of the cost of the repairs.

Important Information before filling out a petition:

  • All homeowner(s) of the property must sign the petition for an individual petition. For a block petition, 51% of affected homeowner(s) need to sign it.
  • This program applies for replacing concrete that is in the right of way, not concrete on private property. Sidewalks, yard-walks, residential drive approaches, and curbing are eligible for replacement. See the diagram below for a visual reference.
  • Trees that are planted in the park strip that are disturbing the concrete will be removed at no cost to the homeowner as part of this program. The trees are removed for the following reasons:
    • The roots may continue to lift or crack the newly poured concrete, creating trip hazards
    • Large roots may be cut during construction, which can make the tree unstable
    • The Parks Department does have a “Citizen Match Tree Planting Program”, should you wish to have a new tree planted after construction.
  • This Barrett Law Cost Share program only applies to residential properties. For businesses wishing to replace concrete in the right of way, please contact the Right of Way office for more information about our Miscellaneous Package 50/50 Cost Sharing.
  • Filling out a petition does not bind the homeowner to participating in the program nor does it guarantee that they are on the construction list. Only by signing a Construction Agreement (see Step 5) and returning it to the City before funds are allocated, will the property be slated for construction that year.

right of way

        

Step 1 -- Decide if you want to fix concrete at an individual property or for an entire block.

Step 2 -- Go to the City of Fort Wayne website to fill out the appropriate petition – 

Individual property petition (e-form)

Individual property petition (downloadable pdf)

Block/multiple properties petition (downloadable pdf)

 

Step 3 -- Submit the petition to the Board of Public Works - Right of Way Department for further processing.

The e-form will automatically send the information to a Right of Way Program Manager. If you are mailing in your petition, please mail it to:

Right of Way Department

Citizens Square, 200 E. Berry St., Suite 210

Fort Wayne, IN 46802

*Note: Construction takes place in the summer months, if a petition is submitted in the summer, fall, or winter, it will most likely be on the list for next year’s estimation. If you are not sure, please contact the Right of Way office at 260-427-6155.

Step 4 -- The Right of Way Department will provide an estimate and by mutual agreement, the City will pay for 50 percent of the cost of the repair work and you will pay 50 percent for the cost of the work. You may notice pink paint marks near the area to be replaced, which indicates the estimate has been made.

     In general, sidewalk repairs may cost approximately $550-600 per sidewalk slab (usually 5’x5’). In this case, the cost to the homeowner         would be $275-300 per slab.

     Curb costs $145 - $160 per linear foot. The cost to the homeowner would be $73 - $80 per linear feet.


Step 5 -- A Construction Agreement (CA) will be mailed to the homeowner(s) in the spring. If you agree to the terms indicating the amount of concrete being replaced and the 50/50 cost, please sign it and return it to the ROW office.

Step 6 -- Funds are limited, so it is a first-come-first serve basis.

If the CA is returned on time to get in the current year’s program, the house will be added to the construction list. Those who do not get to participate in the current year will have their information carried over to next year. An updated CA will be sent the next calendar year with updated pricing.

Step 7 -- Construction typically takes place in the summer/early fall months. The contractor will perform all necessary work and will restore any disturbed lawn with soil and grass seed. After that point, it is the responsibility of the homeowner(s) to maintain the concrete and grass. Should the concrete crack or fail due to no fault of the homeowner(s), the City will assess it and fix what is needed.

Step 8 -- The bill will be delivered by mail before the end of the year. Please see the section below for more details.

 

Financing Information

Assessments will be performed after construction is complete. The assessment will show as a lien against the property until the assessment is paid in full. Liens stay with the property. The assessment is to be paid in full at closing if the property transfers ownership. The lien is removed from the property once the total assessment is paid in full.

The City offers a low-interest loan to assist property owners in financing their portion of the repair. Payments can be made in full one time or homeowner(s) can take advantage of our low-interest loans (3%). Payments can be made over the course of 10 years on an annual or monthly basis.

The bill will be sent by mail after construction is complete. It will not exceed the amount stated on the Construction Agreement that was signed before construction began.

For further information about the Barrett Law Loan / Billing process, please call 260-427-5805.

Below are examples of what payments might be, if financed through this program.

 

General Construction Information

  • If your property is on the list for construction, a flyer with further information about what to expect will be mailed to you. There will also be contact information for the Right of Way personnel to get in touch with if you have questions or concerns.
  • The City utilize their own contractor for the work. They will be responsible for all the repairs and restoration.
  • The exact timeline for construction is flexible. The easiest way to know if construction is coming soon is if there are different colored paint markings in the right of way to mark utilities. The limits of the work will be indicated with pink arrows.
  • If you have any sprinkler heads, invisible wire fences, private fences, etc. within the work area, you are to remove them or let it be known. The contractor will not replace them if they are broken
  • If the property had new curbs and the street was cut, the contractor will patch it with asphalt or concrete to match the existing street.

 

Loan of $500    

Loan of $1,000

Loan of $2,000

Loan of $3,000

 

To share information about the 50/50 Sidewalk Repair Program with your friends and neighbors, have them go to www.cityoffortwayne.org/costshare or download a  2-sided flyer here

 

Frequently Asked 50/50 Cost Share Questions & Answers

Can anyone participate in the cost sharing program?

The improvement property must be within Fort Wayne city limits.

Who has to sign the petition?

If it’s an individual petition, it must be signed by only the owner(s) of the property, as listed on the title. Property owners wishing to have an entire block funded through Barrett Law must sign a petition which includes signatures from all of those participating in the project. All block petitions except for street light petitions must have at least 51% of affected property owners. Street light petitions must have at least 60% affected property owners per IC 36-9-9-3. The petitioners agree to pay a portion of the project cost. Property Owners are notified by mail of Preliminary and Final Hearings for the project. At these hearings, residents have an opportunity to ask questions, discuss concerns or express support for the project.

Can a renter of an improvement property file a Petition to take part in the cost share program?

A renter can inquire about the cost share program but they cannot file a petition.  The property owners reflected on the deed of the property must complete the Petition and sign a Construction Agreement in order for work to be completed at the rental property. 

How much will my new sidewalk cost?

Sidewalk repair costs are calculated per sidewalk slab/square (usually 5’x5’). Please contact the Right of Way office for the most current concrete cost estimates.

Can I hire my own contractor to repair my sidewalk and get reimbursed by the city for the work?

No, the City will bid the project, hire the contractor and oversee construction of all Cost Share projects. Should you choose to hire your own contractor, you will be solely responsible for paying for the work performed.

Will the City fix my driveway as part of the cost share?

No, the City will not replace an entire driveway. The City will cost share the driveway approach, if the walk behind the drive approach and the approach are both in poor condition.

How long will I have to wait for my repairs?

Projects are planned a year in advance; property owners are encouraged to call any time to check on the status of their petition.

If signed up to make payments monthly for 10 years, can I change my payments to annually?

No, once a waiver is signed, notarized and returned, the payment schedule must stay the same for the remainder of the loan. If property owners want to pay off the loan early, they may do so, but will have to pay 20 percent of the interest.

When are payments due for assessments or installments?

Property Owners have thirty (30) days from the Final Hearing date to choose if they want to take advantage of the Barrett Law Loan Program, seek a private loan from a financial institution or pay the full amount due by the due date on the Notice of Assessment.  The assessment is not added to the improvement properties City Utilities bill and will be billed separately by the City of Fort Wayne Barrett Law department. 30 days from the final hearing the Board of Public Works must have either payment in full or a returned, signed and notarized waiver from those stating which payment option they have selected.  Property owners with an assessment over $100 may elect to pay the assessment in monthly or annual installments with interest for a period of time based on the total assessment amount.

  • 10 Year Installments for Final Assessments over $100
  • 20 Year Installments for Final Assessments over $5,000
  • 30 Year Installments for Final Assessments at or above $15,000

First installments are always due on May 10th or November 10th, depending on when the Board of Public Works approves assessments.

  • Projects passed January 1st through June 30th will have first installments due November 10th of the calendar year.
  • Projects passed July 1st through December 31st will have first installments due May 10th of the calendar year.

Where can I make a payment on the assessment or installment loan?

Payments options available include the following:

  • Payment by mail with a check, cashier’s check or money order made payable to City of Fort Wayne Barrett Law.  Mail payments to City of Fort Wayne – Barrett Law, 200 E. Berry Street, Suite 210, Fort Wayne, IN 46802
  • Check, cashier’s check, money order or cash may be brought to the address above.

Who do I call for more information?

For more information on the Cost Sharing Program, please contact:

  • Construction related questions - please call (260) 427-2127
  • Finance related questions - please call (260) 427-5805

What happens if I sell my house?

The assessment is a lien against the parcel of real property and must be paid in full at closing if the property transfers ownership. 

 

Still have questions? Please contact us at 260-427-6155.

Informational video (avove)best viewed in Chrome

Additional Cost Sharing Improvement Programs

The City also has cost sharing programs for Alley Improvements and Street Lighting Improvements.

The 50/50 Cost Share Program for Alleys

STEP 1 -- If you are interested in having an alley repaired, please fill out an Alley Reconstruction Petition

STEP 2 -- Submit the petition to the Board of Public Works Office for further processing. The office is located in Citizens Square, 200 E. Berry St., Suite 210.

FPAlley before    FPAlley after

Before                                                   After

Payments can be made in full one time or homeowners can take advantage of our low-interest loans (3%). Payments can be made over the course of 10 years on an annual or monthly basis. Below are examples of what payments might be, if financed through this program:

For more information on the Cost Sharing Program, call 311.

The 50/50 Cost Share Program for Additional Standard Residential Street Lights

STEP 1 --If you are interested in having street light installed, please fill out a Street Light Petition

STEP 2 -- Submit the petition to the Board of Public Works Office for further processing. The office is located in Citizens Square, 200 E. Berry St., Suite 210.

Payments can be made in full one time or homeowners can take advantage of our low-interest loans (3%). Payments can be made over the course of 10 years on an annual or monthly basis.

For more information on the Cost Sharing Program, call 311.

Street Light Cost Share 

       Standard Residential Street Lighting

 

 

 

Right of Way Permits

 

 

Permits issued through the Right-of-Way Department

 

  • The 2 Permits Below are not accessible through the online permitting process.
  • Oversize /Overweight Permits  -   Permit Department needs a minimum of 72 Hours to review OS/OW Permits
    • Note:   Oversized/Overweight Permits will be required for the following conditions
      • Width of truck/trailer  greater than 10'-6"
      • Height of truck/trailer greater than 13'-6"
      • Length of truck/trailer greater than 85'-0"
      • Weight limits of loads greater than 40 Tons should also be reviewed if routes pass over city bridges

  • Pole Line Permit
    • Note:   Pole Line Permits will be required for the following conditions
      • New utility poles - including private or small cell tower within public right of way
  • If there are questions or concerns with Permit Applications, please contact the Right of Way Office at 260-427-6155, or This email address is being protected from spambots. You need JavaScript enabled to view it.

  •   

 Excavation Permits:

One type of permit issued by the Right-Of-Way Department is called a Right-Of-Way Cut permit. This permit allows for the excavation of rights-of-way —streets, alleys, sidewalks and parkstrips — for infrastructure installation or for maintenance of existing infrastructure, both public and private. This permit process is used to avoid potential facility location conflicts, to insure that proper restoration of the cut is completed, and to protect the public from undue hazards arising as a result of excavations.

Upon issuance of a permit, an inspector will visit the site where the excavation is occurring in order to insure that City engineering and safety standards and specifications are being followed by the applicant during the course of the work. After the work is completed and the rights of way restored to an original condition or better, the inspector will re-visit the site to determine the acceptability of the cut restoration.

In 1998, the State of Indiana changed the law pertaining to utility use of the public rights of way and made it clear that cities could recover the direct costs inherent in managing this public resource. As a result, we have re-examined our costs and procedures that pertain to utility occupation of our rights of way in order to insure that our costs of running this department are fully recovered through permit fees, as authorized by Indiana Code.

More specific information on Cut Permits can be found on the Chapter 99 page.

Permit Costs:

Excavation (non-roadway) $80

Excavation (roadway) $175

 

   Driveway Access Permits:

  • An access permit is required to construct, remodel, alter or relocate an entrance approach or driveway to any public street or roadway. These permits are important due to the fact that any street must address the conflicting functions of providing land access and efficient traffic movement. Excessive roadside development and uncontrolled driveway connections preclude the orderly and safe movement of traffic and result in poor levels of service, increased hazards and premature obsolescence of the roadway.

Application for an access permit is made to the Right of Way Department. After collecting the necessary information asked on the application along with a plan detailing the geometrics and construction specifications, the permit is routed through the City Engineering and Planning Departments. These departments review the permit based on their areas of expertise, providing feedback, comments and requirements necessary for approval. Once the routing process has been completed, the applicant is contacted and informed of the status of the application.

After a permit is approved, a Right of Way Inspector performs a pre-pour inspection, to ensure adequate form, grade and specifications, according to the approved plan and permit.

NOTE: Per Access Standards Manual, only one Residential Driveway is permitted per lot along a street frontage. Corner Lots or Lots with 100' of Frontage or more may be considered for dual "horseshoe" driveways.  Dual entrance driveways must be connected.

For more specific application information, click here.

DRIVEWAY STANDARD DETAILS

Permit Costs:

Residential $50

Commercial $250 new, $125 Reconstruct

Commercial w/ taper lanes $500

TEMPORARY ACCESS PERMITS:

pdfTemporary Access Permit Application

     Parking Lot Permits:

A Parking Lot Permit is required in order to construct, expand or substantially alter a parking lot, to insure compliance with the City of Fort Wayne Zoning Ordinance. The application is completed and submitted to the Right of Way Department along with a plan detailing the request.

 The Plan must address construction materials and specifications, drainage information and screening/landscaping information. After collecting the necessary information, the application is routed through the City Engineering and Planning Departments. These departments review the permit based on their areas of expertise, providing feedback, comments and requirements necessary for approval. Once the routing process has been completed, the applicant is contacted and informed of the status of the application.

pdfPARKING LOT PERMIT APPLICATION

 Permit Costs:

 <100,000 Sqft $100

 >100,000 Sqft $200

 Sidewalk Permits:

In order to construct or reconstruct a public sidewalk, a Sidewalk Permit is required, obtainable from the Right of Way Department. These permits insure that sidewalks are placed at the proper grade and line and that new construction adheres to accessibility requirements.

Routing of the application typically is not necessary so approvals can usually be obtained fairly quickly.

The permit fee to reconstruct existing sidewalk is $15.00. The permit fee is $30.00 for the installation of new sidewalk where none previously existed.

 

Construction Standard Details

 

 

  Barricade Permits:

These permits are used to insure that proper notice is sent to the public and that proper and safe signing occurs whenever an obstruction is present within the traveled way. The primary focus is on public safety. Permit pricing depends on the classification of the streets being blocked and the length of time obstruction will be present. These permits are also reviewed by the Traffic Engineering Department and the Police Department.

Permits may also be obtained through the Right of Way office for the renting of parking meters.

See the Chapter 99 page for more information.

 

Please call office for permit fee structure.

Fees for closures, or lane restrictions vary per road classification.

 Block Party & Parade Permits

These permits are used to insure that special events occurring in the City of Fort Wayne – including block parties and parades – do not cause major obstructions for the public.

Permits for both block parties & parades must be completed at a minimum of 10 working days in advance prior to the event.

Please note that certain events which require significant impacts to sidewalks or roadways should be discussed with the ROW Department up to 3 months in advance of the event.

Coordination with FWPD may be required, and the applicant may be responsible for providing additional barricades at their own cost depending on the impact, timeframe and roadways involved. 

Special considerations and coordination may be necessary on roads that are used for public transportation.

Block parties will not be allowed on major corridors within the City. Please contact the office if you need clarification or assistance with planning the event.

pdfParade/Block Party Permit Application Form

Permit Fees:

Block Party / Neighborhood Association Parade $15.00 Application must also include signatures from residents affected.

Public Assemblies (over 25 people) and Parades or Walk/Run Events $50.00

** If Meters are required for event, Applicant must provide meter numbers. **

WHAT WE DO

This department includes the Right-of-Way Permit Office, where barricade and other construction-related permits are obtained for using or building in City-owned right-of-way property.

 

FWPW PublicWorks RBG Seal


Right of Way Department


The Right-of-Way (ROW) Department falls under the authority and jurisdiction of the Divison of Public Works.

The City of Fort Wayne Right-of-Way Department is committed to providing efficient, superior service, at the lowest possible cost to our fellow neighbors.

The department is comprised of the permit office which is responsible for the processing and issuance of over 3,000 permit applications annually, as well as the ROW Enforcement Inspectors who address neighborhood right-of-way concerns to ensure the safety of pedestrians and motorists alike.

The office issues permits for construction activity (such as new and/or reconstruction of sidewalks, drive approaches and parking lots) that will occur in the right-of-way as well as providing approval for block parties, parades and events that will take place on City property.

In general, all departmental expenses are off-set by permit revenues.


Click the link below to access the online permit portal:
Citizen Access Portal
To contact the office directly please call: 260-427-6155

  

 Objectives
  • Ensure all excavations in the rights-of-way are properly restored in order to minimize damage to public property.
  • Ensure all non-City funded construction occurring in the rights-of-way adheres to City Design Standards through our permit process, inspections and enforcement efforts.
  • Review & analyze infrastructure placement requests in order to optimize facilities placement while minimizing infrastructure conflicts within the rights-of-way.
  • Investigate and approve Encroachment Agreements. 
  • Click here for an outline of the process for Encroachment Agreements.
  • Click here for the application. Encroachment Application
  • Respond to a variety of neighborhood concerns that in some fashion relates to the public rights-of-way.
  • Respond to and resolve all citizens' complaints falling within our jurisdiction through appropriate enforcement of City ordinances.
  • Review & analyze all Cell & Utility Tower requests and placement.

 

 Additional Links
  •  Contact Us:

    General right-of-way or permit inquiries: 260-427-6155

    Questions regarding a violation letter? 260-427-2721

    Contact us by e-mailThis email address is being protected from spambots. You need JavaScript enabled to view it.

     Visit us in person:

    Right of Way Department
    Citizens Square
    200 E Berry Street, Suite 210
    Fort Wayne, IN 46802