Right-of-way is a term for the property required for the public use of roads, sidewalks and utilities. Milton's Public Works Department responds to emergencies that occur on City-owned roads and within right-of-way, such as flooding, ice and obstructions (fallen trees, dead animals, sinkholes, etc.). In addition to operation and maintenance of the right-of-way, Milton's Public Works staff provides the following right-of-way services:

• Permitting all activities within the right-of-way
• Reviewing right-of-way dedications
• Coordinating requests for right-of-way abandonments
• Managing right-of-way and easement acquisition as part of the Capital Improvement Program

Right-of-Way Encroachment

Per the City of Milton Code of Ordinances Chapter 48, Article VII, Division 3, Sec. 48-585, a right-of-way and/or utility encroachment permit is required for all activities within the right-of-way including, but not limited to the construction, installation, repair or replacement of pipe, conduit, cable or other facilities that are considered to be vital to the function of the utility or construction site referenced for the flow of traffic. (Such traffic includes both vehicles and pedestrians.)

This can include a driveway, road shoulder or road construction at a given location. Such permits shall be managed by the Public Works Department.

Residents can obtain (and submit) a right-of-way encroachment permit at City Hall, located at 2006 Heritage Walk, Milton, GA 30004 or at Right-of-Way Permit Forms 

City Code of Ordinances
Fulton County Public Works
Fulton County Water Services
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Right-of-Way Dedication

A right-of-way dedication is obtaining "real" property at no cost to improve or construct parts of the City of Milton's roadway network. Right-of-way is typically dedicated (e.g. given) to the City as part of the development process and/or as stipulated in the conditions of zoning for a property.

The dedication of right-of-way is governed by the Official Code of Georgia Annotated, Title 22, 32 and 36. Dedications are also subject to the City of Milton Code of Ordinances.

Right-of-Way Abandonment

In Milton, the City Council can choose to "abandon" (e.g. give up) a road or right-of-way if its members find one of the following to be true with respect to the roadway in question:

• That no substantial public purpose is served by it
• That its removal from the municipal street system is in the best public interest

The City of Milton Code of Ordinances Chapter 48, Article III, Division 2, Sec. 48-168 includes the policy for legal compliance, procedure, privatization and hearing process for the abandonment of public right-of-way.

The following documents are provided as a guide for complying with the City of Milton’s Right-of-Way Abandonment Policy:

• Right-of-Way Abandonment Process
• Right-of-Way Abandonment Policy and Procedures
• Appendix A - Application Form
• Appendix B - Sample Notification Letter
• Appendix C - Formal Petition

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