City Rights-of Way and Boulevards

The right-of-way is the city-owned portion of land that includes roadways, shoulders, sidewalks and boulevards beside your property. Sometimes it is easy to tell where your property lines generally are located, as there may be stakes, pins or markers to indicate property corners, or there may be utility lines or boxes typically found within the City’s right-of-way. Without easy markers or proper methods to determine property lines, the City right-of-way often appears to extend into an area that is frequently assumed to be private property.

If you are unsure where your property line boundary is, you can get a general idea by looking up your address on the City of Chilliwack Webmap, the City’s mapping tool. For greater accuracy in determining your property lines, references such as foundation plans may help. The most accurate method is to obtain a legal land survey to be completed by a qualified surveying company.

Rights-of-way are dedicated areas that are set aside for the City to make future road improvements to serve the growing transportation needs of Chilliwack residents. Improvements may include:

• Adding bike lanes, sidewalks or multi-use pathways.
• Widening the road for additional vehicle lanes.

Rights-of-way are also used for installing and maintaining City or third-party utilities, such as water and sewer pipes, gas lines, or power and communication lines.

An encroachment is when the creation or extension of a physical structure extends from one’s private property onto a neighbouring property, road or the City right-of-way. An encroachment may also be the alteration of the City right-of-way by a member of the public. Examples include:

• building a fence or retaining wall.
• planting of hedges or trees.
• graveling an area.
• paving to extend a driveway or parking area.
• installing unauthorized signage.

When making improvements to your home, know where your property ends and where the City rights-of-way begin to avoid encroachment on to City property.

The City can require property owners to remove an encroachment at any time if they present a risk to safety, impact the duties of City staff or third-party utilities, create a liability risk, or the land is required for a City project.

A boulevard is the area between the property line and the edge of the pavement or curb on the road. It can include sidewalks, multi-use pathways, green spaces, signs and streetlights.

As per the City Community Standards Bylaw 2021, No. 5041 and City Highway and Traffic Bylaw 2019, No. 4686, every property owner adjacent to a boulevard is responsible for:

• Keeping the boulevard clear of all litter, rubbish, debris and unsightly or overgrown vegetation.
• Clearing snow or ice from sidewalks or pathways to create a walkable passageway.
• Preventing privately-owned landscaping and trees from encroaching onto sidewalks or roadways or from obstructing traffic control devices such as signage.
• Keeping the grass or other similar ground cover trimmed so the height does not exceed 25 centimeters in height.

Where vegetation is considered a shrub, bush, or tree, the line of vision for motorists and pedestrians at an intersection shall not be obstructed between the height of 0.5 metres and 3 metres from the road surface of the adjacent road.

While vegetation, fencing and ornamental decorations beyond your property line onto City right-of-way is encroachment, the City may not always enforce the Bylaw where a caring hand has put a personal touch on the boulevard. However, where encroachments are deemed to hinder safety or place liability on the City, the City may choose to act on Bylaws to remove the encroachment. The City may respond to inquiries and complaints even if an encroachment has been in place for a while.

Experiencing problems with the European Chafer Beetle on your property or in the boulevard? Chafer beetle can be damaging to lawns. Learn more about how to solve the problem and prevent future infestations.

Motorist and pedestrian visibility at intersections is one safety aspect the City considers when receiving inquiries or complaints about encroachment into the right-of-way. Sometimes, vegetation or structures within property lines may cause visibility concerns and removing an obstruction may be warranted. When at an intersection, vehicles may proceed past a stop bar while assessing traffic. However, they may also have difficulty entering the intersection if encroachments are beyond the property line. To be proactive in your landscaping plans, please consider the motorists and pedestrians traveling along the roads and intersections within sight of your property.

The City reviews intersection visibility on a complaint basis. Following a submitted complaint, staff may visit an intersection to complete a visibility test and assess the minimum visibility requirements outlined within the City’s Highway and Traffic Bylaw 2019, No. 4686. A private driveway or strata road is not an intersection and the City does not assess visibility where they meet City roads.

A visibility test is not measured based on a driver’s view from behind the stop bar, but from where a driver has safely crept forward after stopping without impeding crossing traffic to confirm whether it is safe to turn. The measurement is completed at heights of both 0.5 m and 3 m, to consider the driver’s perspective whether they are driving a sports car or a commercial vehicle.

If trimming or moving a structure is warranted by the City’s analysis, the City strives to contact the adjacent property owner and have them complete the works, as it is their responsibility.

The City’s analysis of an intersection’s visibility may conclude that the City’s minimum visibility standards are met, and nothing needs to be changed. This may not be the preference of every driver. If you have a complaint about an intersection where preference is beyond the City’s minimum standards, you may contact the property adjacent to the visibility concern, if you feel safe and comfortable doing so, and work with them. This method may be quicker and more direct compared to contacting the City.

The Highway and Traffic Bylaw includes a section regarding Prohibited Uses of Highway. The following are prohibited:

• To place, throw, deposit or cause to flow upon any highway or walkway: any noxious, offensive or filthy water or substance; any refuse, garbage, debris, bottle or container; any rock, stone, earth or soil; or, any unlicensed or abandoned vehicle.
• To plant a bush, shrub, ornamental planting or ground cover in a highway with a height more than 0.5 m within 1.5 m of a sidewalk, within 1m of a utility box or fire hydrant, or 1m of a curb or road edge where no sidewalk exists.
• To plant a bush, shrub, ornamental planting or ground cover in a highway with a height more than 1 m.
• To allow vegetation to grow within 0.6 m of traffic and information signs or reduce the visibility of the signs below the minimum stopping sight distance from the Highway as identified in schedule 7 of the Highway and Traffic Bylaw.

An example of not being in violation of the above bylaws would be to plant and maintain a group of shrubs at 0.5 m in height within the boulevard adjacent to private property. 

It is understood that encroachments may be found in several areas throughout Chilliwack, however responses are considered based on public complaint or City staff observations.

Vegetation and right-of-way complaints will generally only be pursued if the infraction creates a safety or liability risk, risks damage to City infrastructure (including fire hydrants and streetlights), or restricts the free and safe movement of people along City property. Staff may conclude that it is not in the best interest of the City or the community to pursue a violation.

If you would like to make a formal complaint about a particular property, please email [email protected]. Details or photos that pertain to a site-specific complaint and a nearby address are helpful for staff to review.

Staff receive hundreds of requests from members of the public each month. While we try to respond to each request in a timely manner, during our busiest months and depending on priorities, it may take several weeks from receipt of concern to fully review and respond to those matters.