Muncie, IN Fence Regulations: Fence Permit Requirements (2026)

Muncie City Code § 96.42, part of the Right-of-Way Use and Occupancy Ordinance adopted by Ordinance No. 40-14 in 2014, lists fence construction among the activities barred inside a public right-of-way unless a ROW use or occupancy permit is first obtained. The right-of-way is the platted or established strip reserved for public transportation and utility use, distinct from the adjoining private yard where the zoning code's separate fence-height rule at § 150.21 applies instead. An applicant files with the city engineer's office under § 96.43, providing the work location, dates, and a method of traffic control; the city engineer, or the Board of Public Works and Safety where the board holds issuing authority, may impose reasonable conditions before granting the permit.

Fees run $40.00 for plan review plus $20.00 per working day of the permit, and most ROW work also requires a $5,000.00 performance bond and public liability insurance covering $300,000.00 in property damage, $300,000.00 per injury and $1,000,000.00 per occurrence, though the bond is waived for a temporary surface use under § 96.42(A)(3). An emergency utility may begin work first but must file the application, bond and indemnity agreement within 24 hours or the next working day. The street superintendent and building commissioner inspect ROW work and can deny, suspend or revoke a permit that fails to meet the board's standards. A fence built in the right-of-way without this permit exposes the owner to enforcement under § 96.48.