APC staff explains rights-of-way vs. easements; 'the safest answer is "don't do it"' for building in easements

At the May 27 meeting of the Tippecanoe County Area Board of Zoning Appeals, APC staff Amanda Esposito gave a planning pointer clarifying the difference between rights-of-way (ROW) and easements and the implications for setbacks and variances.

Esposito told the board that a ROW line normally marks the public street property line and that setbacks are measured from that ROW; easements, by contrast, are private contractual rights recorded against a property that give an entity access (for utilities, drainage, ingress/egress, etc.) and do not themselves create setbacks. She noted that an easement holder's needs can limit where structures may be placed and that easements are typically recorded on final plats and are searchable at the County Recorder's office.

On the practical question of building within an easement, Esposito said property owners should be cautious: "For APC staff who get asked about building in an easement, the safest answer is 'don't do it'." She added that staff might recommend approval of a variance involving an easement if the owner has written approval from the easement holder and the request meets other variance tests.

Esposito also discussed how ROW widths and setback requirements can change when a road’s classification changes and how ROW can sometimes be vacated or reallocated during development negotiations. The guidance stresses that owners should verify recorded easements and consult easement holders before locating structures that could interfere with utility or access rights.