Who’s responsible for footpaths and verges?
Squeezed between the road and our property boundaries are thousands of kilometres of footpaths and verges, also known as nature strips. So, who’s responsible for them?
In short, verges are public land and are the responsibility of local councils. If they contain a footpath, the council must ensure it’s maintained to a safe standard. When it comes to the grassed part of the verge, it’s a bit more complicated.
There are guidelines and rules regarding the use, maintenance and development of verges and they vary between councils.
Mowing
Most councils encourage residents to mow the verge in front of their homes. Some councils, like Salisbury, Tea tree Gully, Charles Sturt and Playford have verge maintenance programs, which include grass cutting.
If you live in Playford and want to mow the verge in front of your property, you’re required to complete a verge landscaping and maintenance application. A green marker is then attached to the kerb in front of your house, alerting council mower operators not to cut the grass.
According to West Torrens Council, residents and property owners are responsible for maintaining the verge in a neat and safe manner. This includes watering, mowing, weeding and pruning (excluding street trees).
The council offers a mowing assistance program to eligible aged residents and people living with a disability.
Landscaping
Under the Local Government Act 1999, verges are part of the public road system, and a person mustn’t alter a public road unless authorised by the council.
Most councils are fine with residents beautifying the verge adjacent to their properties. You’ll need to submit a verge development application (available online), outlining your landscaping plan. There’ll often be a start-by date and/or a date when work must be completed.
There are rules and guidelines that apply when developing a verge. They may include:
- the type of plants that can be used
- the requirement that plants not encroach on footpaths or driveways, or block the view of traffic
- restrictions on the use of artificial turf and surfaces like concrete and pavers
- restrictions regarding removing or pruning council-planted trees, and
- allowing space for council-collected bins.
Full details are available on most council websites.
Some councils will allow a well-maintained resident-developed verge to be removed from their weed spraying program. Marion Council stipulates that weeds like three-corner jacks will be treated irrespective of a no-spray request, thus saving cyclists’ tyres and preserving the feet of bare-footed children.
The cost of developing a verge usually sits with the resident but some councils will contribute funds or material for the work. Upon request, Prospect Council may supply loam, or in some situations dolomite for verge developments. The council will cover half of the cost, while the resident pays the rest.
Marion Council may also contribute 50 per cent of the cost, capped at a $500 rebate. Limited rebates are available.
Constructing a driveway or installing a stormwater drain to the kerb requires council permission.
Business activity
Placing commercial items on the verge or footpath, including dining tables, sandwich boards, display racks and planter boxes requires council permission. Some councils, like the City of Adelaide, Copper Coast and Alexandrina, allow the display of an A-frame or T-frame moveable sign without a permit, as long as it complies with their moveable sign by-laws. Streaky Bay and Prospect councils both require permission.
Clare and Gilbert Valley Council doesn’t permit the use of moveable signs “within, or in association with outdoor dining areas,” because they “restrict pedestrian movement and represent a potential hazard in areas of high pedestrian use.”
Applicants for outdoor dining furniture permits are normally required to submit detailed plans, provide proof of public liability insurance and pay an application fee and annual fee.
Riding a bike on the footpath
Unless otherwise signposted, cyclists are allowed to ride on footpaths, as long as they:
- keep to the left unless it is impracticable to do so
- give way to pedestrians, and
- give a warning (by bell, horn or other means) to pedestrians or others using the footpath, if it’s necessary to avert danger.
Do you have a road rules question?
RAA’s road rules experts can help. Send us an email or speak to the Road Rules Information Service on 8202 4570.