Encroachments are generally semi-permanent in nature and might include "buildings, billboards, walls, fences, driveways, earthworks, culverts, pipe, poles, towers, gates or ditches placed so as to obstruct or impair proper use." But, the most common inquiry about encroachments seems to involve vehicles. To determine if your neighbor’s pickup (or anything else) is an "encroachment," let’s walk through this together:
- Does the alleged violation involve a "structure, object, operation, or material?" If yes, continue.
- Is it occurring in, on, under or over a "public road" or dedicated "public area?" If yes, continue.
- "Public road" means a highway, road, right-of-way, street, alley, bridge, walk, trail, tunnel or similar or related facility dedicated to public use. It does not include a private road or easement.
- "Public area" means land dedicated to public use for a square, park, greenbelt or recreational area.
- Is it placed in such a manner as to either:
- "impair, impede or obstruct proper use of the public road or area" If yes, continue.
- "affect drainage patterns that will impair, impede, or obstruct proper use?" If yes, continue.
- Is it "within the traveled way" or "obstructing the public use" and it could not be considered a "minor temporary object?" If yes, then you have an encroachment and are ready to submit a Complaint Form (PDF).
If the encroachment is occurring on a road or within a road right-of-way inside a Road Service Area (RSA), your complaint form will be forwarded to Rural Services. If it is occurring outside of an RSA, then it will be processed by Code Enforcement.