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Legal for me to fill gap on bottom of driveway?

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Old Nov 17, 2010 | 11:47 PM
  #1  
JimmyM's Avatar
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Legal for me to fill gap on bottom of driveway?

Hi,




So that's the bottom of my driveway. I was wondering if it's legal for me to pour cement and fill that horrendous gap that you see there. From the road it dips down about 1.5 inches, then my driveway is about 3 inches higher.

I ordered my lowering components today and I think it will scrape. Since buying concrete mix is relatively inexpensive and it shouldn't be too hard to do, I figured I'd just take care of it.

Would I need a permit? Do you guys know where I'd be able to find an answer? Some of my neighbors have that "chasm" filled.

I know this is a pretty random thread but I have always experienced fast and helpful feedback here, and this is one of the very few forums I frequent. I figured at least one person on here has gone through this process and would know the answer. I'm hoping I can just go down to Home Depot and buy some concrete mix and get it done tomorrow on my day off.

Thank you.
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Old Nov 18, 2010 | 02:50 AM
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First, you will need to fill it with asphalt not cement, unless the pic is deceiving and the road is cement. Second, when you do it you'll need a roller and an asphalt torch, heat up the existing asphalt, throw the new asphalt on, heat it up and roll it. After it's cooled, throw some a bit of sand on it and in a few days it'll probably blend in pretty well.
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Old Nov 18, 2010 | 02:54 AM
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I would just phone your local gov and get them to come out and see/fix...
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Old Nov 18, 2010 | 04:33 AM
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Originally Posted by tom_vilsack
I would just phone your local gov and get them to come out and see/fix...
I'm assuming he wants it done sooner than later, I guess it depends on where you live but it would take nearly a year for city maintenance to "get around to" fixing that; it's not an emergency on their part.
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Old Nov 18, 2010 | 04:35 AM
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My guess is that would be a bad idea. I think the city/Town would get upset with you and you may face legal action. Altering that area might affect the way water moves towards drainage, or plowing if you live in a an area that snows. Where I live technically we do not own the land that is at the roadway. Thats why muicipalities can put up speed limit signs, fire hydrants, telephone poles etc... on what you would think is your property.
I understand your need for doing it, but you may want to ask first.

Good luck
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Old Nov 18, 2010 | 04:39 AM
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05GT-O.C.D.'s Avatar
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If you don't own the road, I don't see how it would be legal for you to alter it.
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Old Nov 18, 2010 | 05:13 AM
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working for our local county govt. you technically cannot fix it on your own. the "owner" of the road is responsible for fixing this, but as a previous poster said, they do not have this on their important list and probably would take a couple months to even think about fixing it. suggestion would be to find some liquid asphalt crack filler and keep putting a little down each time and slowly build it up. it will not be noticable if its done over time as opposed to all at one time. this is what some counties do to fix this problem. best to do it on a warm day, as cold tends to not allow the liquid to seal to the existing asphalt.
hope this helps
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Old Nov 18, 2010 | 08:08 AM
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sometimes it is better to ask for forgiveness than permission. If you do use concrete its nothing a sledge hammer can't fix if it becomes a issue.
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Old Nov 18, 2010 | 11:09 AM
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You would have to clear it with your local authorities. Some areas are strict, others not so much.
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Old Nov 18, 2010 | 11:32 AM
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Okay. I will call and ask, though most of you have probably already predicted their response.

I might just go ahead and do it. One analogy I read when I was researching this, probably way off, was that if the city mowed your lawn and didn't charge you for it, would you have a problem with it? lol

Some of my neighbors have filled that trench, since it runs along the entire street. They've definitely filled it with cement and not asphalt. So if I do go the cement route, and the city has a problem, they would have to take it up with at least six or seven other houses on the street.

An alternative would be to just plop a plank of wood there, which would probably be the smarter method since it's easier and less risky.

Thanks, everyone.

Last edited by JimmyM; Nov 18, 2010 at 11:38 AM.
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Old Nov 18, 2010 | 02:05 PM
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Based on the photo and the fact that neighbors have already taken action, it looks like the city didn't put down a final layer of asphalt. Are manhole covers also raised above the road bed? They need to finish paving the road, IMHO.
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Old Nov 18, 2010 | 03:07 PM
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That or just fill it in with gravel. But I like the asphalt cold pack idea best. Not concrete though as next time they are out with their road fixing tools, the concrete may cause damage they will want you to pay for.
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Old Nov 18, 2010 | 06:02 PM
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How about something like this? http://www.griotsgarage.com/product/...rrivals&page=1
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Old Nov 18, 2010 | 06:50 PM
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Through the engineering consultant that I work for, we have a similar issue on a street that will be rebuilt in the near future. Some residents have placed concrete in the gutter to eliminate the dip, which has caused standing water in areas, which has then contributed to the road falling apart.

The ultimate solution would be to replace the curb and gutter so that the elevation matches the edge of the pavement and so that there is only a small bump onto the drive apron. Depending on the slope of the road, this may require curb replacement of several hundred feet so that water will drain properly, which can get very expensive.

Can you tell me what city you live in so that I know that it is not the road that we are proposing to rebuild in the near future? It kinda looks the same.
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Old Nov 18, 2010 | 06:54 PM
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Originally Posted by JimmyM
Okay. I will call and ask, though most of you have probably already predicted their response.

I might just go ahead and do it. One analogy I read when I was researching this, probably way off, was that if the city mowed your lawn and didn't charge you for it, would you have a problem with it? lol

Some of my neighbors have filled that trench, since it runs along the entire street. They've definitely filled it with cement and not asphalt. So if I do go the cement route, and the city has a problem, they would have to take it up with at least six or seven other houses on the street.

An alternative would be to just plop a plank of wood there, which would probably be the smarter method since it's easier and less risky.

Thanks, everyone.
Some residents also did this on the street we are rebuilding. I would recommend that if you go this route though, that you glue the 2 x 4 to the gutter so that it does not move around or wash away (wood floats in water).
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Old Nov 18, 2010 | 06:59 PM
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Originally Posted by Chip
Yeah I was thinking along those lines. But I'd have a shop build/weld one out of expanded metal so there is no interference with storm drainage. You could drill a couple of holes on each end and anchor bolt it in place so it couldn't be easily stolen, but yet it can be removed and you haven't torn up City/County roads. That way its personal property and you avoid the permit/compliance crapola.
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Old Nov 18, 2010 | 08:32 PM
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Just get 2 bags of asphalt cold pack from home depot and put it down.
There are rules and then there's the real world, no one's ever gonna say or do anything, the asphalt police are not gonna come and get you!
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Old Nov 18, 2010 | 09:07 PM
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I would agree with everyone who said fix it yourself, but.... The only problem is when someone comes walking down the street and wipes out on the concrete/ asphalt that you put down. It's sad but everyone is looking for someone to sue. Just something to think about.
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Old Nov 18, 2010 | 09:12 PM
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Originally Posted by cinque35
Just get 2 bags of asphalt cold pack from home depot and put it down.
There are rules and then there's the real world, no one's ever gonna say or do anything, the asphalt police are not gonna come and get you!
Originally Posted by Fire512
I would agree with everyone who said fix it yourself, but.... The only problem is when someone comes walking down the street and wipes out on the concrete/ asphalt that you put down. It's sad but everyone is looking for someone to sue. Just something to think about.

I agree.


Fix it at night when noone can see you do it. Then say you have no idea who fixed it, but you sure are happy about it. Maybe the city crews did something right for a change.

Seriously though. Home Depot cold pack asphalt until the city decides to do it right. If water collects there at all you will be doing them a favor, as water will work its way under the road surface and damage that road far faster than anything you could do. Just make sure it drains properly and don't let it block water.
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Old Nov 18, 2010 | 09:55 PM
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In my area the city can come and grind down the curb to match the pavement.
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