Private Approach By-law Review

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On April 8, 2026, the City enacted the Access By-law (No. 2026-139) to regulate pedestrian and vehicular access to private property within City highways, and to repeal the Private Approach By-law.


Why is there a new Access By-law?

The City has rules for the ROW, including property owner maintenance, what can be installed and where, and who is qualified to do different types of work in the ROW. The Access By-law makes the rules for driveway construction, use and maintenance that were in the previous Private Approach By-law simpler and clearer to understand and includes clear rules for walkways to align with the new Zoning By-law. It will streamline approvals, reduce red tape and give staff more flexibility in reviewing access locations and designs.
The Access By-law helps preserve essential greenspace in the ROW for planting trees to grow the tree canopy, storing snow and soaking up rain and runoff, and design rules that allow for on-street parking opportunities and support pedestrian and cycling infrastructure. 

Graphic showing the functions of the municipal right of way, which are tree planting, snow storage, on-street parking, soft landscaping and biodiversity, stormwater management, active transportation facilities and space for utilities and infrastructure. 

Access maintenance requirements 

Maintenance and liability for the portion of a driveway or walkway in the ROW (vehicular or pedestrian access) rests with the abutting property owner. Accesses, including any curbs, culvert pipe, headwalls, and steps, must be kept in a good state of repair to not cause injury or damage to property. Where an access includes a culvert, the property owner must also make sure there is clear open passage of water through the culvert. Aerial view of a suburban neighbourhood with a row of houses. There is a yellow dotted line that shows the boundary between the private property and the municipal right of way. There are two red arrows pointing to the part of the driveway that is in the municipal right of way.

Permit information 

Residential pedestrian accesses (walkways) and limited driveway extensions can be installed without a permit if they can meet all by-law rules. 

An access permit is required before a property owner can construct, modify (including widening), close or remove an access. This applies for residential vehicular access (driveways) as well as farm and field access, temporary access, vehicular access for other land uses, or a pedestrian in some cases. Permits are not required to resurface an access. More information on access permits can be found on ottawa.ca. 


On April 8, 2026, the City enacted the Access By-law (No. 2026-139) to regulate pedestrian and vehicular access to private property within City highways, and to repeal the Private Approach By-law.


Why is there a new Access By-law?

The City has rules for the ROW, including property owner maintenance, what can be installed and where, and who is qualified to do different types of work in the ROW. The Access By-law makes the rules for driveway construction, use and maintenance that were in the previous Private Approach By-law simpler and clearer to understand and includes clear rules for walkways to align with the new Zoning By-law. It will streamline approvals, reduce red tape and give staff more flexibility in reviewing access locations and designs.
The Access By-law helps preserve essential greenspace in the ROW for planting trees to grow the tree canopy, storing snow and soaking up rain and runoff, and design rules that allow for on-street parking opportunities and support pedestrian and cycling infrastructure. 

Graphic showing the functions of the municipal right of way, which are tree planting, snow storage, on-street parking, soft landscaping and biodiversity, stormwater management, active transportation facilities and space for utilities and infrastructure. 

Access maintenance requirements 

Maintenance and liability for the portion of a driveway or walkway in the ROW (vehicular or pedestrian access) rests with the abutting property owner. Accesses, including any curbs, culvert pipe, headwalls, and steps, must be kept in a good state of repair to not cause injury or damage to property. Where an access includes a culvert, the property owner must also make sure there is clear open passage of water through the culvert. Aerial view of a suburban neighbourhood with a row of houses. There is a yellow dotted line that shows the boundary between the private property and the municipal right of way. There are two red arrows pointing to the part of the driveway that is in the municipal right of way.

Permit information 

Residential pedestrian accesses (walkways) and limited driveway extensions can be installed without a permit if they can meet all by-law rules. 

An access permit is required before a property owner can construct, modify (including widening), close or remove an access. This applies for residential vehicular access (driveways) as well as farm and field access, temporary access, vehicular access for other land uses, or a pedestrian in some cases. Permits are not required to resurface an access. More information on access permits can be found on ottawa.ca. 

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