Do you need a permit for concrete in Olathe? The City, the County and the HOA
For most concrete on your own lot, no. For anything between your property line and the street, yes, and the City has a written process with fees, an inspection and a guarantee. Here is who has a say and what each one wants.
The City of Olathe: the right-of-way permit
The strip between your property line and the street, which on most Olathe lots includes the driveway approach, the curb and the public sidewalk, is City right-of-way. The City's Right-of-Way Permit Application and Specification Manual says no work begins there until the permit application has been approved. The main points, as the manual lays them out:
- Fee: $50 per adjacent parcel. Fees double for work done without a permit.
- Review: up to 7 working days. The permit is valid for 60 days, then expires and has to be re-approved.
- Bond: $5,000 for work involving street or curb cuts and their restoration. Street cuts also carry a fee based on the area disturbed.
- Notice: Traffic and Inspection staff get at least 48 hours' notice before construction; residents and businesses get 48 hours' written notice before a driveway is closed; door hangers or yard signs go up 48 to 96 hours before work.
- Inspection: pre-placement inspections are required for pavement, curb and gutter, drive approaches and sidewalks, requested online at least 48 hours ahead. Concrete and asphalt tickets are emailed to the City within 24 hours of placement.
- Restoration: backfill within 5 working days, surface restoration within 3 weeks, to a condition like or better than the original.
- Guarantee: the contractor guarantees the work for one year from final acceptance.
The Unified Development Ordinance adds that driveway entrances in the public right-of-way shall be constructed of concrete, and its access-management rules govern how many approaches a lot can have and how wide. The City's technical specifications set the thickness, mix and details for the approach and the walk.
The City of Olathe: on your own lot
The City's residential permit page lists decks, additions, basement finishes, foundation repair, roofing, pools, solar, new homes and trade work. Driveways, patios, walks and flatwork at grade are not on it, and in practice an ordinary slab on your lot is poured without a building permit; we confirm with Building Codes when a job is unusual. What does need a permit: a patio cover or pergola, a retaining wall, a detached garage or a shed over the size the code sets (the slab is then part of the permitted building), and foundation repair, which the City handles differently: it wants a sealed letter of repair from a Kansas-licensed engineer and the engineer's sealed final report, and the City does not inspect that work itself.
Johnson County: no license class for concrete
Johnson County's contractor licensing program issues eleven license types: General (A), Building (B), Residential (C), Electrical (DE), Fire Protection (DF and DFA), Mechanical (DM), Plumbing (DP), Roofing (DR), Swimming Pool (DS) and Wood Framing (DW). None of them covers concrete flatwork, and a concrete contractor is not required to hold a County license. Kansas has no statewide contractor license either. That leaves the homeowner to check two things: the certificate of insurance (general liability and workers' compensation) and whether the contractor pulls the City permit for right-of-way work. A contractor who offers to skip the permit on the approach is offering to double your fee if the City notices.
The other cities
| City | Right-of-way work | Contractor requirement |
|---|---|---|
| Olathe | Right-of-way permit, $50 per parcel, 48-hour pre-pour inspection | Insurance; $5,000 bond for curb cuts |
| Overland Park | Right-of-way permit, $40 per parcel, about 10 ft behind the curb; $50 reinspection | Surety bond and insurance certificates |
| Shawnee | ROW Driveway Permit for any driveway repair or replacement in the ROW; inspections on 24 hours' notice | $5,000 annual bond; $2M/$1M/$500k insurance; yearly business license |
| Lenexa | Permit for excavation in the ROW (about 11 ft behind the curb); locates before any digging | Per permit |
| Prairie Village | City permit and inspections for the work | City contractor license for concrete (County license not required) |
The HOA
Most Olathe subdivisions built since the 1990s have an HOA, and the architectural committee usually wants to approve a widened driveway, a new parking strip, a patio that grows past the builder's slab, a stamped color, a cover, a detached building and anywhere a trailer or camper will park. The HOA can't override the City, but it can make you tear out what it didn't approve. We send the committee a dimensioned drawing and a finish sample before we schedule, and we wait for the letter.
Common questions
Do I need a permit to replace my driveway in Olathe?
Not for the slab on your lot in most cases. Yes, for the approach between the sidewalk and the street, which is City right-of-way: $50 per adjacent parcel, a pre-pour inspection and a one-year guarantee.
What happens if work is done without the permit?
The manual says the fee doubles, and the City can require the work to be redone to its specifications. We don't pour in the right-of-way without the permit in hand.
Who pulls the permit, me or the contractor?
We do. The permit, the bond where it applies, the inspection request, the notices and the ticket submission are our job, and the permit cost is its own line on the estimate.
Is a concrete contractor licensed in Johnson County?
There is no County license class for concrete, so no. Check the certificate of insurance and ask whether the City permit is included for any right-of-way work.
Does the HOA have to approve a like-for-like driveway?
Usually not, but most want to approve a widening, a new finish or color, or a pad for a trailer. We ask before we pour.
Related: Approaches and sidewalks · Concrete driveways · Garage and shop slabs · FAQ