Double the Red Tape? Navigating Public Right-of-Way on Private Property

123 TCP • August 31, 2026

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Aerial view of a residential street intersection with houses, trees, lawns, and sidewalks.

If you are an excavation contractor, a crane operator, or a project manager, your goal is simple: get your equipment on site, do the work, and stay on schedule. Unfortunately, setting up a work zone in densely populated areas often introduces a hidden administrative nightmare: public right-of-way (ROW) that exists on privately owned property.


As Adam Freeland recently explained in his LinkedIn industry breakdown:

"Sometimes the public has Right of Way (ROW) on privately held & managed property. This happens often with vehicular access in shopping developments, [and] pedestrian access in population dense areas... In these situations, it often becomes necessary to attain permission from the owner of the property in addition to normal encroachment permit from the government agency holding the ROW guarantee."

If your project footprint spills into one of these hybrid zones, you can't just submit a standard city application and hope for the best. Here is why these areas stall schedules, and how to navigate them efficiently.

The Hidden Trap: Two Gatekeepers

When developers build in dense areas, they often make concessions to the city—like providing public vehicular paths through a private development or building public-access parks (like the Salesforce Rooftop Park in San Francisco)—in exchange for project approvals.


When you need to encroach on these specific areas to do your job, you suddenly face a unique set of obstacles:


  1. Double the Approvals: You now need the standard municipal encroachment permit plus formal permission from the private property owner or management group.

  2. The Cascading Effect: Appeasing a second gatekeeping group more than doubles your administrative work. Often, a specific safety or access requirement from the private property owner will trigger conflicting requirements from the city, resulting in a frustrating loop of plan revisions.


Properly understanding and planning for all the groups who have authority over your work area is the only way to keep your project moving forward in a timely manner.

Bypass the Bottleneck with 123TCP

Dealing with overlapping jurisdictions is exactly why generic, back-of-the-napkin traffic sketches get rejected. You need a highly accurate, compliant Traffic Control Plan to satisfy both private and public reviewers the first time.


At 123TCP, we alleviate the stress of municipal red tape so you can get back to work.


  1. The Direct-to-Drafter Advantage: We are an online marketplace that connects you directly with skilled, locally experienced drafters. They know how to clearly delineate public and private boundaries on your plans to keep reviewers happy.

  2. No Middlemen, No Upsells: We strictly focus on professional plan drafting. We will never use your permit delays as an excuse to bundle unwanted contracting services or upsell you on physical signs, cones, or on-site flaggers you don't need.

  3. Built for Speed: Already behind schedule because a private property manager hit you with surprise requirements? We offer expedited plan options to keep stalled projects moving forward quickly.


Don't let administrative roadblocks dictate your project schedule. Connect with a professional drafter today and get the exact plans you need to clear the red tape.

Frequently Asked Questions

  • What does "public right-of-way on private property" mean?

    It means the public has a legal right to travel through a privately owned space, such as a pedestrian walkway in a commercial plaza or a public-access park built by a developer. If your construction equipment, crane, or excavation work blocks this area, you must satisfy both the city's municipal codes and the private property owner's specific safety rules.

  • Do I need a standard city encroachment permit if my work is on private property?

    Yes, if your work impacts a public right-of-way—even if it is located on private land—you will almost always need a municipal encroachment permit plus formal permission from the private property manager. Submitting a clear, professional Traffic Control Plan that delineates these boundaries is the best way to satisfy both gatekeepers.

  • How can I speed up permit approval when multiple property owners are involved?

    The fastest way to clear municipal and private red tape is by submitting an accurate, fully compliant Traffic Control Plan the first time. At 123TCP, our direct-to-drafter marketplace connects you with local experts who understand these overlapping jurisdictions. If your project is already stalled, we offer expedited drafting options to get you back on schedule quickly.

  • Will the drafter try to sell me traffic cones or flagger services for this project?

    Never. Traditional traffic control companies often use plan drafting to upsell physical equipment. 123TCP strictly focuses on professional plan drafting. We will never bundle unwanted contracting services or pressure you to buy or rent physical signs, barricades, or on-site flaggers.

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