Transmission Rights of Way Restrictions

The following list of restrictions for transmission rights of way address questions most commonly asked by property owners. The list does not cover all restrictions or all possible situations. Please contact Duke Energy if you have additional questions or concerns about rights of way.

This list of restrictions is subject to changes at any time and without notice. Duke Energy shall not relinquish any of its rights conveyed by its rights of way agreements. All activity within the rights of way shall be reviewed by a Duke Energy right-of-way specialist.

  1. The following are not allowed within the right of way limits: structures, buildings, mobile homes and trailers, satellite signal receiver systems and equipment, swimming pools and associated equipment, human graves, billboards, signs, wells, septic tanks or septic systems, absorption pits, storage tanks (both above and below ground), garbage, trash, rubble, flammable material, building material, junk and wrecked or disabled vehicles.
  2. Fences shall not be attached to Duke Energy’s poles or towers. Fences shall be installed at least 10 feet from such poles or towers and shall not exceed 10 feet in height. Fences shall not parallel the center line within the right of way but may cross at any angle not less than 30 degrees with centerline. If a fence crosses the right of way, a gate shall be installed by the property owner per Duke Energy specifications to allow free access required by Duke Energy equipment.
  3. Contact Duke Energy before grading or filling on the right of way. Grading shall be at least 20 feet from a pole or tower legs, and slope shall not exceed 3:1 on the right of way. Grading or filling within the right of way or near a structure, which will prevent free access, will not be permitted. Sedimentation control, including re-vegetation, is required per state regulations.
  4. Streets, roads, driveways, sewer lines, water lines, or any underground facilities shall not parallel the center line within the right of way, but may cross at any angle not less than 30 degrees with the center line and cross no closer than 20 feet to any structure. Man holes and underground vaults within the right of way limits must be approved by Duke Energy before installation.
  5. Contact Duke Energy before installing any overhead or underground utilities (e.g., electric, gas, telephone, cable, etc.).
  6. Any drainage ditch that allows water to pond or to cause erosion around a structure is prohibited.
  7. Contact Duke Energy prior to the construction of lakes or ponds within the right of way limits.
  8. Duke Energy does not recommend the practice of using the area under transmission lines for parking, but will not object if the following restrictions are followed:

  • A barrier, sufficient to withstand a 15 mph vehicular impact, shall be erected by the party constructing the parking area to protect the pole or tower. The barrier shall be located in such a manner as to restrict parking to at least five feet from the structure.
  • Any access areas, entrances, or exits shall cross the right of way at or near right angles to the centerline, and shall not pass within 20 feet of any structure.
  • Lighting structures higher than 15 feet are not allowed within the right of way limits.
  • Signs and other attachments to Duke Energy structures are prohibited.

    1. Duke Energy will not object to certain beautification measures as long as they do not interfere with existing structures or access to such structures.

    • Any plants within the right of way such as flowering shrubs, bushes, hedges, or low growing species must not exceed 15 feet in height at maturity.
    • Trees are not allowed within the right of way limits.
    • Duke Energy may exercise the right to cut danger trees outside the right of way limits as granted by the right of way agreement and as required to properly maintain and operate the transmission line.

      If you have additional questions or plan any activity not mentioned, please contact us.