Repaving the Driveway Apron in the Las Vegas Valley: When the City or County Needs a Permit

Yes, in most of the Las Vegas Valley you need a permit if the work touches the driveway apron, the stretch where your driveway crosses the sidewalk and meets the street. That strip usually sits in the public right of way, not on your lot, and the City of Las Vegas, Henderson, unincorporated Clark County and Boulder City all require a permit for work in the right of way. Repaving that stays entirely on your own property is a different question. The office you deal with depends on which jurisdiction your address falls in, and in most cases your paving contractor should be the one pulling the permit.

Where your driveway ends and the public right of way begins

Your property line is rarely at the curb. On most valley streets, the public right of way runs from the street across the curb, the gutter and the sidewalk, and sometimes a strip of landscaping beyond it. The driveway apron, the sloped section that drops from the sidewalk to the gutter, is almost always inside that public strip even though you drive over it every day.

That matters because permits for right-of-way work are tied to location, not to how big the job is. Resurfacing the driveway behind the sidewalk is work on your lot. Breaking out and replacing the apron, widening the curb cut, or paving a new approach to the street is work on public land, and the city or county wants to review it. Your plat map or title documents show exactly where your lot line sits.

City of Las Vegas: off-site permits for driveways in the right of way

The City of Las Vegas homeowner guide When Do I Need a Permit? says a private driveway needs an off-site permit if any portion of it is in the public right of way. The city's general notes for land development add that permits are required for any work in the public right of way and that the contractor must secure all permits and inspections.

For a homeowner inside Las Vegas city limits, the practical reading is simple: if the paving crew will touch the apron, the curb or the sidewalk, an off-site permit belongs on the schedule before the paving date. The Building and Safety Department can confirm whether your specific job needs one.

Unincorporated Clark County: encroachment permits

Much of the valley is not inside any city. Paradise, Spring Valley, Enterprise, Winchester and Summerlin South are unincorporated, so Clark County Public Works handles right-of-way work there. The county calls this an encroachment permit, and it covers minor construction, modification or maintenance of existing improvements in the right of way, which is where a driveway apron rebuild or curb cut change falls.

Two details from the county are worth knowing before you book. An approved permit must be picked up within 15 calendar days of notification, or new review fees apply. And the county will deny a new application from anyone in default on an existing encroachment permit until that default is cleared, which is one more reason to work with a contractor who handles county permits routinely.

Henderson: a Public Works permit for right-of-way work

In Henderson, the municipal code requires a permit from the Public Works Department for work in the public right of way, and the city's Public Works forms page lists the offsite inspection requirements that go with it. If you are widening a driveway in Henderson and the curb cut has to change, that is right-of-way work and the Public Works permit applies. Henderson Public Works can tell you whether your project needs it and which inspections to schedule.

Boulder City sets its own driveway apron rules

Boulder City publishes the most detailed apron requirements in the valley. Its Driveway Aprons page requires a Right-of-Way Permit for any driveway apron built or reconstructed in the public right of way, and it sets out who may do the work and how:

• The contractor must hold a Class A license from the Nevada State Contractors Board and a Boulder City business license, and every subcontractor must be listed on the application.
• The application needs proof of liability insurance, a drawing of the property and driveway with dimensions, and a traffic control plan where one applies.
• Work follows the current Clark County Uniform Standard Drawings, with apron wings of at least 48 inches.
• If existing street asphalt is damaged, the contractor must remove 48 inches of asphalt along the full length of the new apron and repair it.
• Inspections run from subgrade through the final inspection, each requested 24 hours in advance, and no right-of-way work is allowed on Fridays, Saturdays or Sundays.

That last point affects scheduling: a Boulder City apron job has to fit into the Monday to Thursday window, inspections included. If you are planning a driveway project there, see our Boulder City asphalt paving page.

Repaving your own driveway versus changing the apron or curb cut

The right-of-way permits above are triggered by work on public land. A driveway resurfacing or replacement that stops at your side of the sidewalk, keeps the same footprint and leaves the apron and curb alone does not reach into the right of way, so those permits are not the issue. Your HOA may still want to approve the work, and your city or county building department can confirm nothing else applies.

The picture changes as soon as the project grows past that line. Widening a driveway usually means a wider curb cut. Replacing a cracked or sunken apron means breaking concrete in the right of way. Adding a second approach or an RV pad that connects to the street means a new curb cut entirely. Each of those is right-of-way work and needs the permit from whichever jurisdiction your address falls in. If you are not sure whether your driveway needs resurfacing or a full rebuild, our guide to signs your driveway needs asphalt repair is a good place to start.

Who pulls the driveway apron permit, you or your contractor

In practice, your contractor should. Boulder City requires a licensed contractor on its apron permits, and the City of Las Vegas general notes put the duty to secure permits and inspections on the contractor. The contractor is also the one standing on site when the inspector arrives and the one responsible for repairing any street asphalt damaged during the work.

Before you sign, ask a paving contractor directly whether the quote includes the right-of-way permit, the inspection visits and any traffic control. A quote that leaves the permit out can look cheaper than one that includes it, and a job done without one can leave you with an apron the city or county asks you to redo.

Questions to ask before your paving date

1. Is my address in the City of Las Vegas, Henderson, North Las Vegas, Boulder City or unincorporated Clark County?
2. Will the work touch the apron, curb, gutter or sidewalk, or does it stop at my side of the sidewalk?
3. Is the right-of-way or encroachment permit included in the quote, and who is applying for it?
4. How long does the permit review usually take, and is the paving date set around approval?
5. Who schedules the inspections, and who repairs the street asphalt if it is damaged?
6. Does my HOA need to approve the new driveway width or layout first?

Getting those answers before the crew arrives keeps the job on schedule and keeps the finished apron from becoming a problem with the city or county later. Our asphalt paving service covers driveway repaves and widenings across the valley, and we can walk you through which permit your address needs.