§ 92.38 ACTIVITIES REQUIRING RIGHT-OF-WAY USE PERMIT.

   (A)    Except as provided in §§ 92.40 through 92.45, no person shall undertake any of the following activities within a public right-of-way without first acquiring a right-of-way use permit to do so from the town:

      (1)   Any construction, altering or removing of any surface or subsurface material, digging, or excavating in a town right-of-way; and

      (2)   Installation or repair of above-ground utility facilities, below-ground utility facilities, private connections to public utility facilities, or facilities of any other entity having the right to use the public right-of-way; and

      (3)   Installation of mailbox approaches, sidewalks, or any such object of lawful encroachment, which would share right-of-way space with governmental transportation needs, or to construct a temporary fence or barrier which may be required for environmental or construction purposes.

   (B)   Exceptions. The following activities do not require a right-of-way use permit:

      (1)   Maintenance of grass, drives, or sidewalks within the right-of-way; and

      (2)   Any work or activities conducted in a right-of-way or public grounds performed directly by the town or state; and

      (3)   Public road construction and maintenance done under a contract with the town.

(Ord. 2021-03, passed 10-12-2021; Ord. 2023-03, passed 5-9-2023) Penalty, see § 92.99