Transmission Rights of Way Restrictions

This list of rights-of-way restrictions has been developed to answer the most frequently asked questions about property owner use of Duke Energy's electric transmission rights of way.  This list does not cover all restrictions or all possible situations.  You should contact the Asset Protection Right-of-Way Specialist if you have additional concerns about the rights of way.  This list of restrictions is subject to change at any time and without notice. Duke Energy reserves all rights conveyed to it by the right-of-way agreement applicable to the subject property.  All activity within the rights of way shall be reviewed by an Asset Protection Right-of-Way Specialist.  It is strongly suggested that you contact Duke Energy and submit plans for approval prior to construction of any improvements within the rights of way.

1. Structures, buildings, manfactured homes, mobile homes and trailers, satellite signal receiver systems, swimming pools (and any associated equipment and decking), graves, billboards, dumpsters, signs, wells, septic systems or storage tanks and systems (whether above or below ground), refuse of any type, flammable material, building material, wrecked or disabled vehicles and all objects (whether above or below ground) which may, in Duke Energy's opinion, interfere with the electric transmission right of way, in any way, are not allowed within the rights-of-way limits.  Transformers, telephone/cable pedestals (and associated equipment), and fire hydrants are not allowed.  Manholes, water valves, water meters and backflow preventors are not permitted.
2. Fences shall not be attached to poles or towers. Fences shall not exceed 10 feet in height and shall be installed greater than 25 feet from poles, towers and guy anchors.  Fences shall not parallel the centerline within the rights of way but may cross from one side to the other at any angle not less than 30 degrees with the centerline. If a fence crosses the rights of way, a gate (16 foot wide gate at each crossing) shall be installed by the property owner, per Duke Energy's specifications, to allow free access required by Duke Energy equipment.
3. Contact Duke Energy and obtain written approval before grading or filling on the rights of way. Grading (cuts or fill) shall be no closer than 25 feet from a pole or tower leg, and the slope shall not exceed 4:1 on the rights of way. Grading or filling within the rights of way or near a structure, which will prevent free equipment/vehicle access, or creates ground to conductor clearance violations, will not be permitted. Sedimentation control, including re-vegetation, is required per state regulations.
4. Streets, roads, driveways, sewer lines, water lines, and other utility lines, or any underground facilities shall not parallel the centerline within the rights of way, but may cross, from one side to the other, at any angle not less than 30 degrees with the centerline.  No portion of such facility shall be located within 25 feet of Duke Energy's supporting structures. Intersections of roads, driveways, or alleyways are not permitted within the rights of way.
5. Any drainage feature that allows water to pond, causes erosion, directs storm water towards the rights of way, or limits access to or around a structure is prohibited.
6. Contact Duke Energy prior to the construction of lakes, ponds or retention facilities, etc. within the rights-of way limit. 
7. Duke Energy does not object to parking within the rights of way, provided that:  
   1. A barrier, sufficient to withstand a 15 mph vehicular impact, shall be erected by the party constructing the parking area to protect the pole, tower or guy anchor. The barrier shall be located in such a manner as to restrict parking to at least 5 feet from the structure.
   2. Any access areas, entrances, or exits shall cross (from one side to the other) the rights of way at or near right angles to the centerline, and shall not pass within 25 feet of any structure. Parking lot entrances/exits cannot create an intersection within the righ of way.
   3. Lighting structures within the rights-of-way must be approved by Duke Energy before installing.  Total height may not exceed 15 feet.
   4. Signs and other attachments to Duke Energy structures are prohibited.
8. Duke Energy Carolinas will not object to certain vegetation plantings as long as:
   1. It does not interfere with the access of existing structures or the safe and reliable operation and maintenance of the line.
   2. With prior written approval, Duke Energy Carolinas does not object to plants, shrubs and trees that are of a species that will not exceed, at maturity, fifteen (15) feet in height.
   3. Duke Enegy Carolinas reserves the right to object to the planting of all plants, shrubs and trees withn the ight of way easement that may interfere with the proper operation and maintenance of the line.
   4. Duke Energy Carolinas may exercise the right to cut "danger trees" outside the rights of way limits as authorized by the right of way agreement applicable to the subject property and as required to properly maintain and operate the transmission line.

We hope this is useful information.  If you have additional questions or plan any activity not mentioned, please contact us.