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Right of Way Permit Application
Process in Taraba State

Published: 16th of August, 2023

Taraba State Government Lead Agency: Ministry of Rural and Urban Development

1. Introduction

The Right of Way (RoW) is a critical public asset that enables the deployment of infrastructure such as telecommunications networks, power lines, water pipelines, and transport systems. This guideline sets out the standardized, transparent, and predictable process for granting, managing, and monitoring RoW in Taraba State.

It aims to:

  • Facilitate rapid infrastructure deployment
  • Protect public safety, environment, and existing utilities
  • Ensure fair and harmonized fees
  • Clarify the roles of all Ministries, Departments and Agencies (MDAs) involved

2. Objectives

The key objectives of this guideline are:

  • Streamline the RoW approval process through a clear, time-bound workflow
  • Harmonize RoW fees in line with the ₦145/meter Executive Order
  • Define roles and responsibilities of all MDAs in the end-to-end process
  • Promote transparency through digital records and public disclosure
  • Protect infrastructure corridors, environment, and public safety
  • Support investment in broadband, utilities, and public infrastructure

3. Legal and Regulatory Basis

The administration of RoW in Taraba State is grounded in the following laws, regulations, and executive instruments:

3.1 State Laws and Regulations

  1. Taraba State Right of Way Regulation, 2024

    • Provides the primary framework for RoW applications, approvals, monitoring, and enforcement
    • Defines fees, timelines, documentation, and penalties

  2. Building Lines (Regulation) Law Cap 136 (1993)

    • Establishes building lines and setback requirements
    • Protects corridors for utilities and public infrastructure

  3. Building Lines Regulation Law Cap 22 (1997)

    • Strengthens enforcement of building lines and corridor protection
    • Guides alignment of utilities within approved corridors

  4. Taraba State Order 2003

    • Provides additional authority for regulating land use, public infrastructure corridors, and utility placement

3.2 Executive Instruments

  1. Executive Order on Harmonized Right of Way Fee (₦145 per linear meter)
    • Adopts the national harmonized RoW fee of ₦145/meter
    • Standardizes RoW pricing across the state
    • Provides for monitoring fees and payment procedures

3.3 Federal Laws

  1. Nigerian Communications Act (NCA), 2003 – Section 135

    • Recognizes the role of states in granting RoW for telecom infrastructure
    • Requires non-discriminatory, fair, and transparent access

  2. Nigerian Urban and Regional Planning Law (Decree 88 of 1992; Decree 18 of 1999)

    • Governs land use planning and development control
    • Provides the framework for corridor alignment, environmental and safety compliance

4. Institutional Framework and MDAs Involved

The RoW process is multi-agency. The following MDAs are involved:

  • Ministry of Rural and Urban Development (MRUD) – Lead Agency
  • Taraba State Geographic Information Service (TSGIS)
  • Ministry of Works & Infrastructure
  • Ministry of Environment
  • Taraba State Internal Revenue Service (TIRS)
  • Ministry of Transport
  • Ministry of Justice
  • Local Government Councils
  • ICT/Digital Economy Agency (where applicable)
  • Ministry of Information

4.1 Lead Agency – Ministry of Rural and Urban Development

  • Receives and processes RoW applications
  • Coordinates all other MDAs
  • Issues RoW approvals and permits
  • Oversees monitoring and enforcement

4.2 Supporting MDAs and Their Roles

  • TSGIS

    • Validates route alignment and corridor availability
    • Integrates as-built data into state geospatial systems

  • Ministry of Works & Infrastructure

    • Reviews technical designs and construction methods
    • Ensures protection of existing public infrastructure

  • Ministry of Environment

    • Reviews and approves EIA/EMP where applicable
    • Monitors environmental compliance

  • TIRS

    • Manages all RoW-related payments and receipts
    • Ensures correct application of fees

  • Ministry of Transport

    • Reviews traffic management plans
    • Ensures minimal disruption to traffic

  • Ministry of Justice

    • Provides legal vetting and enforcement support

  • Local Government Councils

    • Participate in route verification
    • Support monitoring and engagement

  • ICT/Digital Economy Agency

    • Supports digitalization of processes
    • Integrates RoW data into platforms

  • Ministry of Information

    • Publishes guidelines and approvals

5. End-to-End Right of Way Process

5.1 Stage 1 – Application Submission

Lead: MRUD

Applicant submits:

  • Company registration documents (CAC)
  • Tax Clearance Certificate
  • Route maps and technical drawings
  • EIA/EMP (where applicable)
  • Method statement and schedule
  • HSE plan
  • Community engagement evidence
  • Contact details

Outcome:

  • Acknowledgement of receipt
  • Application reference number

5.2 Stage 2 – Preliminary Screening and Fee Assessment

Activities:

  • Document verification
  • Project classification
  • Fee determination:
    • Application fee
    • RoW fee (₦145/meter)
    • Monitoring fee
    • Environmental fee
    • Mapping fee

Outcome:

  • Provisional Assessment Notice

5.3 Stage 3 – Payment of Fees

  • Payments via official channels only
  • E-receipt issued
  • MDAs notified

Outcome:

  • Progress to review stage

5.4 Stage 4 – Route and Location Verification

Activities:

  • Desk and field review
  • Conflict identification
  • Community engagement
  • Route adjustments

Outcome:

  • Route Verification Report

5.5 Stage 5 – Environmental and Technical Compliance Review

Activities:

  • EIA/EMP review
  • Mitigation checks
  • Technical design validation

Outcome:

  • Environmental & Technical Clearance

5.6 Stage 6 – Inter-Agency Clearance and Consolidation

  • Consolidation of all reports
  • Legal review (if needed)

Timeline:

  • Within 21 working days

Outcome:

  • Draft approval and conditions

5.7 Stage 7 – Approval and Permit Issuance

Includes:

  • Approved route
  • Length and fees
  • Validity period
  • Work conditions
  • Reporting obligations

Outcome:

  • RoW Permit issued

5.8 Stage 8 – Pre-Execution Notification

  • Minimum 7 days’ notice
  • Includes schedule and traffic plan

Outcome:

  • Monitoring preparation

5.9 Stage 9 – Execution of Works

Requirements:

  • Route compliance
  • Safety measures
  • Utility protection
  • Environmental safeguards

Outcome:

  • Work completion

5.10 Stage 10 – Restoration and As-Built Documentation

After completion:

  • Surface restoration
  • Submission of:
    • As-built drawings
    • Completion report
    • Photo evidence

Outcome:

  • Completion Certificate

6. Fees and Charges

6.1 Core Fees

  • RoW Fee: ₦145 per meter
  • Application Fee
  • Monitoring Fee (~10%)
  • Environmental Fee
  • Mapping Fee

6.2 Payment Rules

  • Use official channels only
  • No cash to individuals
  • Proof of payment required

7. Timelines

  • Acknowledgement: 2 days
  • Screening: 5 days
  • Reviews: 14 days
  • Total: 21 working days

8. Monitoring, Compliance and Enforcement

8.1 Monitoring

  • Site inspections
  • Compliance checks
  • Post-completion verification

8.2 Non-Compliance and Penalties

Violations:

  • No permit
  • Route deviation
  • Non-payment
  • Poor restoration
  • Infrastructure damage

Penalties:

  • 50% surcharge
  • Daily fines (e.g., ₦50,000/day)
  • Repair costs
  • Permit revocation
  • Legal action

9. Transparency and Public Disclosure

  • Publish guidelines and fees
  • Maintain digital registry
  • Quarterly reports
  • Open complaint channels

10. Review and Amendment

This guideline will be reviewed periodically to:

  • Reflect legal updates
  • Incorporate new technologies
  • Address implementation challenges

Amendments:

  • Approved through state processes
  • Communicated publicly

Last Update: 7th of April, 2026.