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1. Who is responsible for maintenance in the right-of-way and easement areas?

The property owner is responsible for taking care of the public right-of-way (to the curb) and utility easement areas as they would the rest of their property. This includes trees that hang over the sidewalk and street and other landscaping in the right-of-way. 

Tree and Shrub Pruning

Environmental Health Code

2. Can I build things in the public right-of-way or easement?

Permanent or temporary structures and materials that restrict access to easements or utilities are prohibited. Call City Hall at 788-1519 to request approval for encroachments like fences, irrigation systems and landscaping, including street trees.

3. Can I stop utility contractors from working in my yard?

Utility companies try to limit damage to encroaching items during construction, but they are not required to replace, pay damages for or reinstall an item that impedes construction. Encroachment into an easement or right of way, even if approved, is at your risk.

4. When is a Right-of-Way permit required?

A right-of-way permit is required if a resident or utility company is obstructing or excavating in the right-of-way. There is a fee that covers the city’s right-of-way management, permitting, processing and site inspections. Residents and utility companies wanting to do work (such as retaining walls, monuments, berms, etc) within the right-of-way must submit the permit application, plans and fee.

5. How do I handle trees in the easement that are in the power lines?

If you see a potential issue with vegetation on the lines that run from pole to pole near your house, contact Evergy at 888-471-5275. A crew member will review the vegetation’s proximity to the power line and take action if appropriate. Vegetation impacting the line that runs from a pole to your meter are the customer’s responsibility.  To learn more about about the process, visit tree trimming and planting page.

6. How do I find my property boundary measurements?

View all property boundaries and measurements with the Sedgwick County interactive Mobile Land Records application at https://gismaps.sedgwickcounty.org/mlr/. Simply search by address, parcel identification number, street intersection, or pan/zoom to the area of interest. Property lines and measurements are on by default.

7. How is tree pruning handled in alleys/easements?

When two properties are separated by an alley/easement with no street grading, each owner next to the alley is responsible for the trees in half of the alley. For example, an alley separates two properties and the alley is 20 feet wide. Each property owner would need to care for trees that are 10 feet in to the alley. 

8. Can I sweep grass clippings and leaves into the street or gutter?

Leaf debris management and grass clippings are the responsibility of the property owner. Raking, sweeping or blowing grass clippings and leaves into the gutter is not allowed in Derby. 

This debris can clog our stormwater inlets and cause unnecessary flooding during rainfall. View the City Ordinance Section 13.24.030. 

Street Sweeping Map