Frequently Asked Questions

A right of way is land, property or interest therein, usually in a strip, acquired for infrastructure such as a highway, railbed, pipeline, water or sewer lines, electric power lines or telephone facilities. The land has been set aside as an easement or in fee ownership, either by agreement, condemnation or deed.

Is there a fee to submit my application?

Yes, there is $500.00 fee for non-pipeline applications. There is a $12,000 fee for pipeline applications. These fees are charged to cover research time and administrative costs. In addition, some pipeline applications will be subject to a consultant's fee based on the type of pipeline to be utilized and materials being transported.  These fees must be submitted with the application. Checks are made payable to Progress Energy Florida, Inc.  Keep in mind, that there may be additional land use fees associated with your use of the right of way.

How are land use fees determined?

Fees are based on the market value of the land, the impact and nature of the use, extent of liability and the size of the project.

Why does it take so long to process my application?

The more information you give us, the faster we can process your application. However, various departments in our thirty-four (34) county service territory will comment on your request. Field checks and research must also be performed and a formal agreement must be prepared and executed. This process typically takes sixty (60) to ninety (90) days, but can take longer depending on the size of the project.

What does "a detailed description of proposed use" mean?

In this section of the application you tell us exactly what you want to do on our property or easement. For example, “The construction of a twelve (12) foot wide, shell based, driveway to be constructed across the right of way”. A detailed explanation of your project will allow the Encroachment Representative to evaluate your request promptly and fairly. (See Sample Application.)

Where can I find my property's tax identification number?

You can obtain your property's tax identification (ID) or folio number from your county Property Appraiser's office. Your tax identification number may also be listed on your deed of conveyance or property tax receipt. The tax identification number is sometimes called a Parcel ID Number or an Altkey Number.

How do I Identify Distribution and Transmission Structures?

How to Identify Distribution and Transmission Structures
If the structure is wood, round or square concrete, metal lattice tower or H-frame (a two pole structure) and 60+ feet in height, it is a transmission structure. Transmission easements are typically 30' wide and greater and carry the high voltage lines. If the structure is wood or square concrete and 30' to 40' tall, it is a distribution pole. Distribution poles are typically the smaller poles seen following roads or property lines through subdivisions and have connections directly to homes or businesses. Distribution easements are generally 25' wide or less and will usually state in the heading that it is a distribution easement

Steel Transmission Tower
Concrete Transmission Deadend	Wood Transmission Deadend
Wood Distribution Pole	Transmission with Distribution Underbuild

Where do I find Progress Energy structure numbers?

All Progress Energy transmission structure numbers are located on the pole or on one of the legs of the towers. The numbers are usually located chest high or at the top of the pole and have a letter and number designation. For example: ANL-67.

Are there uses which are prohibited?

No item shall be allowed on the right of way that violates the National Electric Safety Code (NESC). Prohibitions include, but are not limited to, non-moveable buildings, swimming pools, vegetation, mobile homes, airstrips, satellite dishes, dumpsters, septic tanks and related drain fields, absorption pits, wells, burial grounds and underground vaults. Burning activities are prohibited on the right of way. Hunting is also prohibited on Progress Energy fee owned lands.

Will I be required to hold Progress Energy harmless from my acts or negligence in using the property?

Before work begins on Progress Energy fee owned lands, you must provide proof of insurance with Progress Energy named as an additional named insured on your company's form or on an equivalent acceptable to Progress Energy. The minimum required amount of general liability and bodily injury  is  $200,000 each person and $500,000 each occurrence, up to $1,000,000 each person and $3,000,000 each occurrence, and a minimum of  $50,000 in property damage each occurrence and $100,000 aggregate up to $500,00 in property damage each occurrence and $1,000,000 aggregate. Proof of insurance must be updated annually. Failure to provide a certificate of insurance may result in the cancellation of your agreement.

What type of authorization will I receive for use of Progress Energy's fee owned land?

License Agreement - A license agreement is a bilateral agreement renewable on an annual basis. An annual fee is associated with a license agreement. License agreements are typically granted for unimproved parking areas, signs, grazing, farming, etc.

Easement Agreement - An easement agreement is more permanent in nature and only ceases when the improvements to the easement area are removed or abandoned. Easement agreements are personal to the holder and cannot be assigned or transferred without the written permission of Progress Energy. Easement agreements give the applicant permission to use the land for a particular purpose. Easement agreements are typically granted for unimproved ingress and egress crossings, private roadways and utility crossings. There is a one time fee associated with an easement agreement.

Underground Pipeline Right of Way Utilization Agreement -
This type of agreement is used for major linear collocations such as a pipeline, utility lines, communication lines, water lines and sanitary sewer lines. Fees are paid annually or a one time payment based on the net present value. Certain studies may be required before this type of agreement can be issued. Permit - A permit is a bi-lateral agreement for a temporary use. Permit agreements are used on both fee owned and easement held properties. A fee is associated with a permit on lands owned by Progress Energy.

What type of authorization will I receive for use of a Progress Energy easement?

Encroachment Agreement - A bilateral agreement which outlines your specific rights and limitations to use the land. The applicant, if other than the fee owner, must obtain permission from the owner to use the land. A one time fee may be associated with this type of agreement.

Letter of No Objection - A letter which states Progress Energy has no objection to your use of the land. A letter of no objection is used when the use has minimal impact to Progress Energy facilities. There is no fee associated with a letter of no objection. However, you must obtain permission from the underlying fee owner.

Permit - A permit is a bilateral agreement for temporary use. Permit agreements are used on both fee owned and easement held properties. A fee may be associated with a permit on lands held by easement. Underground Pipeline Right of Way Utilization Agreement - This type of agreement is used for major linear collocations such as a pipeline, utility lines, communication lines, water lines and sanitary sewer lines. Fees are paid annually or a one time payment based on the net present value. Additional studies may be required for your project.

Can trees be planted on the right of way?

In general no trees that are greater than twelve (12) feet at maturity are permitted on the right or way.  All landscaping must meet the current guidelines and be reviewed and approved by an Encroachment Representative as to size, species, and placement within the right of way. Trees and shrubs are prohibited from being planted beneath the overhead wires and must maintain a fifteen (15) foot setback from the outermost conductor (wire). All vegetation must maintain a fifty (50) foot clearance from any pole and fifteen (15) foot clearance from all guy wire(s). No plants shall be planted in locations that may impede truck access for emergency repairs and general maintenance of facilities. Any tree or shrub exceeding these limitations will be removed during routine vegetation management activities.

Progress Energy is firmly committed to providing our customers with the most reliable and efficient electric service possible. Should you have any questions about planting the "right tree in the right place", please contact your local Progress Energy Transmission Forester. The following is a list of plants suitable for planting in the easement area:

The following list of trees are prohibited in the right of way and will be
routinely removed:

Where can I obtain an aerial?

Your local county Property Appraiser's office will have aerials available for purchase for a nominal fee. Some county Property Appraiser's have aerials available online. Aerials are also available at terraserver.homeadvisor.msn.com.