Des Moines staff propose loosening right-of-way rules to allow small landscaping features, carriage walks

Steve Nabor, Des Moines city engineer, presented draft revisions to section 102.2 of the municipal code governing the border area (the strip between the roadway and private property line) and answered council questions on proposed allowances, permitting and restoration responsibilities.

The proposed changes would allow limited landscaping elements in the border area for single-family and two-family homes. Nabor described the staff approach as balancing public-use safety in the right of way with homeowners’ ability to install modest landscaping: “The border area is typically…between the street and the right of way,” he said, and the city was directed to review the code and return with revisions.

What would be allowed (staff proposal)

- Landscaping ground cover: small gravel or river rock less than 2 inches in diameter and other ground cover (mulch) would be allowed in the border area for single- and two-dwelling properties; large stacked boulders would remain prohibited.

- Landscaping edging: one row of brick or landscaping block at a single level would be allowed; stacked, multi-level edging would not be permitted.

- Carriage/service walks: a paved connection (concrete or brick) from curb to property line would be allowed up to 5 feet wide, but not within 20 feet of an intersection or a mid-block crossing so as not to confuse crossing areas.

- Retaining walls: low retaining walls to hold natural grade could be permitted, subject to a right-of-way license through the real estate division; taller walls may require building-permit review (staff did not set a definitive height threshold in the presentation and said that requirement would be clarified in code language).

Permitting, grandfathering and enforcement

Staff said any work in the right of way would require a right-of-way excavation permit and that the city would implement a licensing or grandfathering process so existing unlicensed walls or carriage walks could be brought into compliance. Nabor said the city would offer to meet property owners whose existing features drew complaints and work to issue licenses where appropriate rather than automatically removing structures.

Restoration after utility or city work

Nabor told the council that when the city or utility contractors perform permanent infrastructure or utility work, they will only restore turf grass in border areas and will not replace elaborate plantings, edging, carriage walks or stacked stone. “They will only restore turf grass in the border areas,” he said, and staff recommended homeowners be notified that restoration would not match pre-existing landscaping.

Scope limits and follow-ups

- Nonresidential properties and projects with three or more dwelling units will remain subject to existing site-plan review under chapter 135; the proposed allowances are limited to single- and two-dwelling properties.

- Council members asked staff to clarify treatment of properties that are zoned single-family but subdivided or converted to multiple units; Nabor said staff will work with the legal team and likely refine the proposal to tie applicability to zoning categories rather than historic occupancy.

- Staff suggested the code rewrite and supporting language could be ready for council review in May (staff said the review and drafting process will take time). Nabor also recommended identifying a single contact point in public works for residents to report poor restoration after utility work.

Council discussion

Council members raised concerns about communications to residents before utility crews arrive and suggested mandatory notice language on door hangers specifying that utility crews will restore turf only. Several council members said they frequently receive calls about disturbed yards and asked whether the city can hold contractors to higher restoration standards; Nabor said the city can pursue contractors or utility companies on complaints but emphasized the scale of nearly 900 miles of streets and multiple fiber crews working concurrently.

Ending

Staff will draft code language to reflect the council’s direction, include clarifications around applicability for converted multi-unit properties, and return with a formal ordinance and implementation plan for council review.