Right-of-Way Information

Utility Marking Flag or paint colors you may see on your property shown above.

*Please contact your utility company regarding flags or work done in the utility right-of-way.
* Call 811 before you dig or visit their website and utitlize Near Ticket to find out who is digging/flagging in your area. 

FAQ's click here  *Why did they mark my lawn? I didn’t call 811. You can use Near Ticket to find out. Near Ticket uses your GPS location to pull up live locate information in your area. This information will include who is digging and why, along with a map of the located area.

*How and when should I remove locator paint markings from hard surfaces? The locator used water soluble paint. The markings will dissipate over time due to weather but that may take months to do so. To remove the markings faster, first wait until the life of the ticket has expired and there will no longer be any excavation in that area. Methods of removal include scrubbing with a soft bristle brush and pressure washing the surface of the area. Some surfaces which are porous can be harder to clean than others. Locate companies will not return to remove flags or paint. If you feel that the paint has damaged part of your property, you should contact the locate company that marked the area in question. Contact information is on your locate ticket. Locators work for or are contracted by the utilities that are being marked.

*When can I remove the flags or other physical markings on my property? Flags and other physical markings are good for 15 full working days and should not be moved or removed before that time unless all excavation work is completed and not expected to resume.

A public utility easement is a strip of land that gives utility companies the right to access and use a portion of someone else's land for the benefit of the community. 

Utility companies use easements to build and maintain infrastructure like water, sewer, telephone, and cable television lines, as well as electric lines. While easements can be inconvenient for homeowners, they are necessary for utility companies to provide modern services. The property owner still owns the land, but the easement gives the utility company the right to access it.

What is right-of-way?

Right-of-way is a legal right of one to cross the property of another. It is usually granted in the form of a permanent lineal strip of land, which is established by a survey.

*The Town of Southern Shores owns the right-of-way along the Town Streets, with the exception of private streets which are owned by individual homeowner associations. You may visit the Dare County GIS Map to get an idea of your right-of-way.

How does right-of-way differ from an easement?

Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement. Right-of-way is often used for utility placement, but utility easements may not be used for public vehicular or pedestrian use. Right-of-way dedication is always made on a deed or plat while an easement may be written, verbal or implied.

 Who maintains right-of-way?

Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road. In this case, unless there is an obligation in the form of a contract or stated in deed restrictions, users are not bound to road maintenance.

*NCDOT crews cut tree/limb/brush and grass along Duck Rd/HWY 158 rights-of-ways.

*Town of Southern Shores Public Works crews cut tree/limb/brush and grass along Town streets. *The SSCA and CPOA maintain their own properties and recreation areas.

If the utilities are marked in advance, why do my water, gas, and other utility lines get cut?

The way the 811 system works, the contractor may begin work after three business days, regardless if all of the utilities are marked or not. Additionally, sometimes the boring head will hit an object, like a rock, and veer off course which can cause an accidental cut.

Why can’t utility companies do their work at the same time?

The town is prohibited by North Carolina state law to compel any utility or company to work with another company to construct their network.