Free MHIC Training

Can you build a deck over a utility easement?

Short answer. No. The utility has a legal right to access the easement and can force removal of anything built on it at the owner's expense, and the building department will not permit it. Redesign the deck to stay off the easement.

  • COMAR 09.08.01.08

Work it through

You're the contractor. Pick what you'd do, then see how each choice plays out.

You're about to start a deck build. While pulling the permit, the building department flags a utility easement that runs through part of the planned deck footprint.

The homeowner says, "It's just an easement — nobody uses it. Build it anyway."

  1. Correct

    Utility easements give the utility company legal right to access that area for maintenance. A structure built on an easement can be required to be removed at the property owner's expense — no compensation. The building department correctly flagged this during permit review. Redesign the deck to respect the easement boundary. This is exactly why permits exist — they catch problems before you build them.

  2. Wrong

    The building department won't issue a permit for a structure on a utility easement, so you'd be building without a permit (COMAR 09.08.01.08 violation). Even if you somehow built it, the utility company can force removal. The homeowner saying 'build it anyway' doesn't override property law. You'd be building a $15,000 deck with a demolition order hanging over it.

All 26 permits, inspections & building codes questions

  1. Who is responsible for permits on a Maryland home improvement job?
  2. Can you skip permits if the homeowner asks you to?
  3. How do you build permit costs into a contract?
  4. Which home projects need a permit in Maryland?
  5. Do cosmetic bathroom refreshes in rentals need permits?
  6. What happens when an inspector finds work without a permit?
  7. What is your liability when unpermitted work fails?
  8. How should you handle a problem the inspector finds?
  9. Why do building inspections happen in stages?
  10. How do you get a building permit approved faster?
  11. Where is fire blocking required under IRC R302.11?
  12. When does a basement bedroom need an egress window?
  13. Where are smoke alarms required after a renovation?
  14. Can a homeowner refuse GFCI outlets in the kitchen?
  15. When does a deck stairway need a handrail?
  16. Does a bathroom need an exhaust fan under the IRC?
  17. How must a deck ledger be attached to the house?
  18. How is energy code compliance checked on an addition?
  19. Does the ADA apply to a single-family bathroom remodel?
  20. When does a retaining wall need an engineered design?
  21. What is required before removing a load-bearing wall?
  22. Can you build a deck over a utility easement?
  23. When does a patio trigger stormwater management in Maryland?
  24. Does a building permit override HOA approval?
  25. How do you take over a job another contractor abandoned?
  26. How do you assess a homeowner's failed DIY renovation?