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Council adopts ordinance clarifying procedures for landscaping and encroachments in utility easements
Summary
On second reading the council adopted Ordinance No. 598 to add a waiver process for homeowners who wish to place nonpermanent landscaping or fencing in utility easements, subject to removal at the request of the easement holder.
Council approved Ordinance No. 598 on second reading, which updates code sections addressing construction within and encroachments into utility easements and establishes a process for property owners to request a release or waiver from utility easement holders (e.g., FPL, city utilities) for nonpermanent items such as landscaping and fencing. Town counsel explained the waiver process is intended to provide record of permission while preserving the easement holder's right to request removal.
The ordinance was read on the record for its second reading and adopted by unanimous roll call. Counsel noted this is largely a cleanup and clarification to align with recent legislation and utility-holder practices, and that property owners must remove improvements upon the easement holder's request.
