Planning staff briefs BZA on difference between rights of way and easements

Amanda Esposito of APC staff gave an in‑meeting briefing to the board on rights of way and easements after the formal hearings concluded.

Esposito explained that a right of way defines a public boundary that can determine setback requirements and is generally owned and maintained by the jurisdiction, while an easement is a private contractual right that allows a specific user (for example utilities, ingress/egress or drainage) to use a portion of private property. "A right of way line creates a boundary between an area of land that is owned by a jurisdiction, which the public has a right to use for access, and an area of land that is owned by a private entity," she said. She advised property owners to check the recorder’s office for easements and to secure written approval from easement holders where structures would intrude on easement rights.

The presentation described how road classifications and dedications can change over time, how non‑dedicated right of way remains with property owners until accepted, and how some redevelopment or planned development negotiations may involve vacating or reducing right of way widths. Esposito noted common situations where older structures sit closer to streets because modern setback standards were adopted after construction and explained how those conditions lead to multiple variance requests when owners add on to older homes.

Board members asked procedural and legal follow‑ups, and staff said easement specifics are typically recorded in the county recorder’s office and may require separate approvals from easement holders in addition to BZA approval and permitting.