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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 to obtain prior written approval. Engineering plans may be required. Compliance with the Duke Energy Right-of-Way Guidelines/Restrictions or approval of any plans by Duke Energy does not mean that the requirements of any local, county, state, or federal government or other applicable agency with governing authority have been satisfied.

  1. Structures, buildings, manufactured/mobile homes, satellite systems, swimming pools (any associated equipment and decking), graves, billboards, dumpsters, signs, wells, deer stands, retaining walls, septic systems or tanks (whether above or below ground), debris of any type, flammable material, building material, wrecked or disabled vehicles and all other objects (whether above or below ground) which, in Duke Energy’s opinion interferes with the electric transmission right of way, are not allowed within the right-of-way limits. Transformers, telephone/cable pedestals (and associated equipment), and fire hydrants are not allowed. Manholes, water valves, water meters, backflow preventers and irrigation heads are not permitted. Attachments to Duke Energy structures are prohibited.
  2. Fences and gates 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 at each crossing) shall be installed by the property owner, per Duke Energy’s specifications. The property owner is required to install a Duke lock on the gate to insure access. Duke will supply a lock.
  3. Grading (cuts or fill) shall be no closer than 25 feet from poles, towers, guys and anchors (except for parking areas, see paragraph 7) and the slope shall not exceed 4:1. Grading or filling near Duke Energy facilities, which will prevent free equipment access, or creates ground to conductor clearance violations, will not be permitted. Storage or stockpiling of dirt or any other material is prohibited. Sedimentation control, including re-vegetation, is required per state regulations.
  4. Streets, roads, driveways, sewer/water lines, 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 or corresponding easement shall be located within 25 feet of Duke Energy’s facilities. Roundabouts, culde-sacs, intersections (roads, driveways and alleyways) are not permitted.
  5. Any drainage feature that allows water to pond, causes erosion, directs storm water toward the rights of way, or limits access to or around Duke Energy facilities is prohibited.
  6. Contact Duke Energy prior to the construction of lakes, ponds, retention, or detention facilities, etc.
  7. Parking may be permitted within the rights of way, provided that:  
    1. Prior to grading, concrete barriers shall be installed at a minimum of 9 feet from the Duke Energy facilities. During construction, grading shall be no closer than 10 feet to any Duke Energy facility.
    2. After grading/paving activity is complete, Duke Energy approved barrier, sufficient to withstand a 15 mph vehicular impact, shall be erected 9 ft. from any Duke Energy facility.
    3. Any access areas, entrances, or exits shall cross (from one side to the other) the right of way at any angle not less than 30 degrees with the centerline, and shall not pass within 25 feet of any structure. Parking lot entrances/exits cannot create an intersection within the right of way.
    4. Lighting within the rights-of-way limits must be approved by Duke Energy before installing. Due to engineering design standards, lighting is not allowed in the “Wire Zone”. Where lighting is approved (Border Zone), the total height may not exceed 15 ft. in Area A and 12 feet in Area B. See map for Areas. Contact your Asset Protection Specialist as the “Wire Zone” varies for the different voltage lines.
  8. Duke Energy will not object to certain vegetation plantings as long as:
    1. It does not interfere with the access to or the safe, reliable operation and maintenance of Duke Facilities.
    2. With prior written approval, Duke Energy does not object to low growing shrubs and grasses within the “Wire Zone”. Tree species are not allowed within the “Wire Zone”. Trees that are approved in the border zone may not exceed, at maturity, 15 ft. in Area A and 12 feet in Area B. See map for Areas. Contact your Asset Protection Specialist as the “Wire Zone” varies for the different voltage lines.
    3. Engineering drawings must indicate the lowest conductors.
    4. Vegetation that is not in compliance is subject to removal without notice.
    5. Duke Energy may exercise the right to cut “danger trees” outside the rights of way limits 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 above, please contact the Asset Protection Specialist for your area.