Working in Colorado rights of way is an essential capability for any Front Range fiber construction company. Learn more about why ROWs are important and how the best contractors navigate the patch work of requirements.
What is a right of way in zoning and use of land law?
A right of way (ROW) is a legal classification for how a piece of land can be used. A right-of-way provides easement-like access to, through, or across a parcel of land. This classification is generally used for utilities and telecommunications to run service or systems through a piece of land.
Rights of way are essential to utility providers being able to connect services efficiently. ROWs carry some features of a permit and an easement.
The key features of a right of way include:
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Legal Access – ROWs are recorded in property deeds and are legally enforceable under Colorado law
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Limited use – The parcel within an ROW is restricted in how it can be utilized; this would line out types of access or services that can access the land
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Non-exclusive: In Colorado, the owner of the land retains legal ownership. This allows them to use the land for other purposes, as long as that activity doesn’t interfere with the ROW use.
Rights of way are also used for pedestrian paths, such as crosswalks, bike paths, and shared-use sidewalks. This article focuses on underground utility ROWs, but this website provides a deeper look at this classification.
How are rights of ways used in Colorado
Here in Colorado, rights of ways are utilized to increase public utility while balancing personal property rights as mentioned above, this often translates to utility pass through or pedestrian corridors
In Colorado, what types of construction occur in ROWs?
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Directional horizontal drilling (HDD)
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Utility installation (e.g., fiber optic cable and associated conduit)
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Support infrastructure installation (e.g., fiber optic handhold)
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Deep trenching
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Concrete or asphalt cutting
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Concrete repair (e.g., sidewalk panel replacement)
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Site remediation (e.g., repair of landscaping)
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Traffic signage replacement or repair
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Emergency repair of above utilities
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Underground utility locating
What types of utilities utilize rights of way in Colorado?
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Electric utilities
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Telephone companies (telcos)
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Fiber optic internet service providers (ISPs)
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Sewage systems
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Cellular phone service providers
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Local water districts
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Natural gas providers
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Storm water systems
How does Colorado handle licensing construction contractors for rights of way?
In Colorado, ROW construction contractors are not licensed or certified at the state level (that’s only for GCs, electricians, and plumbers – link). But that doesn’t mean that ROW contractors can operate without any government oversight.
Instead, Colorado ROW licensing is a patch work of municipal, county, and city government agencies. ROW contractors must be licensed in the specific jurisdiction that they are operating in. As a fiber optic construction organization, focused on Colorado, Trace Fiber Services maintains construction licenses in many areas of the state. Additionally, our team’s expertise in working with local government licensing offices positions us well to get additional local licenses as necessary.
Practically speaking, the above patchwork of licensing requirements means that ROW contractors in Colorado must manage their own log of where they are licensed. This can be a challenge for out-of-state or national ROW contractors that just come to Colorado for specific jobs.
Why do Colorado municipal governments require ROW contractors to have construction licenses and permits?
As Colorado, and especially the Front Range, becomes more dense, our utility ROWs are also becoming more crowded. Layer on top of existing utilities new fiber builds (like those associated with BEAD projects) and you’ve got a recipe for disaster.
Licensing and permitting can be painful, but they are essential steps to ensure that new construction does not disrupt existing services.
How do ROW companies and crews work with cities in Colorado?
ROW collaboration with municipal governments during construction operations
In addition to licensing requirements, ROW contractors are also required to obtain construction permits from local municipalities. In order to obtain an ROW construction permit, contractors must submit construction plans (in the form of engineering drawings), proofs of insurance, and mitigation plans. Additionally, ROW contractors often need to create or sub-contract traffic control services to protect their workers and the public. Once all of these requirements are completed, local permit experts review and eventually issue construction permits.
Emergency utility repair coordination with local authorities
ROW permitting and existing licenses are even more important during an emergency because time is of the essence. For utilities, especially fiber optic cable operators, downtime can be extremely expensive. So it’s preferential for utilities to work with ROW contractors that already have municipal construction licenses and know how to navigate the emergency locate and permitting processes.