Right of Way Permits

A right of way (ROW) permit is a permit issued by the NPS to a third party to passover, under, or through a National Park Service owned or controlled area. These permits are required for use in documenting new and existing utilities. Examples of a linear right of way permit include communication, power, storm-water ditches, water supply, and sewer over, under, or through park property.

Right of way permits are discretionary and revocable documents and, unlike a deeded easement or fee simple ownership, do not convey or imply any interest in the land.

Right of way permits maybe issued for activities specifically authorized by Congress and only if there is no practicable alternative to the use of NPS lands. If a legal authority for a requested use is not found, the park must deny the request. Right of way permits are usually authorized under 16 U.S.C. 79 or 16 U.S.C. 5. Except when authorized by Congress, any use of park land that would impair the values and purposes for which the park was authorized or be incompatible with the public interest is forbidden.

There is a $250 nonrefundable application fee for right of way permits.The application process to include the necessary NEPA/NHPA section 106 compliance for new right of way permits can take from six months to one year to process, so please submit your application as soon as possible.

Contact Peter McCallum at 703-419-6435 for an application and guidance to process your request.

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