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Before You Plant or Build

Landowners and occupiers must consult Duke Energy before using the right-of-way area for any purpose. Failure to do so may result in serious hazard or breach of the right-of-way agreement.

If any requirements listed here or in formal right-of-way agreements are violated, Duke Energy will pursue remedies under all applicable local, state and federal laws.

Download “A Guideline to Using Natural Gas Pipeline Rights of Way” (pdf, 1569 KB)
Download “Propane Pipeline Safety and Right-of-Way Use Guide” (pdf, 694 KB)

Use of the Right of Way

You cannot place permanent structures on the right of way because this would obstruct access and impair Duke Energy’s ability to safely operate and maintain the pipeline.

Obstructions may include, but are not limited to: houses, trailers, mobile homes, poles, decks, sheds, trees, garages, swimming pools, septic tanks and new leach fields or other structures that obstruct or impede access to the right of way.

If you plan changes to your property: Please contact Duke Energy at 1-800-544-6900 early in your planning process to discuss what, if anything, you may need to consider for any work near or across Duke Energy pipelines.

Duke Energy reviews property within its right of way annually to ensure there are no hazards or any breaches of the right-of-way agreement.

Rules Regarding the Most Common Activities within Right-Of-Way Boundaries

Structures: Above-ground structures, such as buildings, storage sheds as well as brick, concrete or block fences and walls, are NOT permitted within the right of way without prior written consent from Duke Energy.

Fences: Vinyl, wood and/or chain link fences are permitted within the right of way if:

  1. Duke Energy gives prior written consent,
  2. They follow the property line,
  3. They cross the right of way at an angle not less than 90 degrees to the pipeline,
  4. An adequately sized gate is installed in each fence crossing for periodic patrol and maintenance access, and
  5. No fence post is installed closer than five feet to the pipeline.

Roads/Driveways: Concrete, asphalt, gravel and/or dirt roads, driveways and pathways are NOT permitted within the right of way without prior written consent from Duke Energy.

Other improvements: Sports courts (basketball, tennis, etc.), concrete patios or other hard-surface improvements are NOT permitted within the right of way without prior written consent from Duke Energy.

Other utilities: With property owners’ consent, other utilities may be installed within the right of way in accordance with federal and state laws and regulations. Duke Energy considers the safe operation and integrity of its facilities as the highest priority. Accordingly, you must obtain prior written consent from Duke Energy to construct/install a proposed utility parallel, within or crossing perpendicular to a Duke Energy easement. Also, the utilities must not interfere with the pipeline.

Cover: A minimum of three feet, but not more than six feet of cover must be maintained over the pipeline. Any exceptions to this policy or changes to the ground contour in the right of way require Duke Energy’s prior written consent.

Landscape: Do NOT plant trees or high shrubs on the right of way.

Storage: Do NOT build, store or place anything on or near the right of way without first calling the appropriate One-Call Center at 811 and Duke Energy at 1-800-544-6900.

Excavating: Do NOT dig, tunnel or bore without first contacting the appropriate One-Call Center at 811 or the appropriate state agency:
Learn what information you'll need to provide when you call.

Kentucky 811: 1-800-752-6007
Ohio Utilities Protection Services Inc.: 1-800-362-2764

Proper Use of the Rights of Way Illustration

Download this illustration (pdf, 984 KB)

Proper use of the Rights of Way Illustration