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Bartholomew County, IN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit required for
Cuts/digs in county roads, sidewalks, ROW (§151.036)
Advance notice
File at least 3 days before work (§151.036(A))
Standard bond
$5,000 per cut ≤6 ft deep (§151.038)
Larger bond
$20,000/mile for deeper or angled cuts (§151.038)
Completion window
90 days from permit issuance (§151.039)
Violation fine
Up to $2,500 per day (§151.999(C)(1))

Summary

Working in a county road, street, sidewalk, roadside ditch or right-of-way in unincorporated Bartholomew County requires a permit from the County Highway Engineer under the county's Road Cut Ordinance, section 151.036. Applicants must file at least three days ahead, post a bond, and restore the site to good condition; emergency work can start immediately if a bond, notice and permit application follow within 24 hours under section 151.036(A).

These county ordinances apply to unincorporated areas of Bartholomew County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 151.036 SCOPE. (A) It shall be unlawful for any person, firm or corporation to cut, dig, trench, excavate, grade, tunnel, bore or in any way disturb any road, street, alley, sidewalk, roadside ditch, right-of-way or other public place for any purpose whatsoever, or to attach or remove any wire, pipe or conduit from any county bridge, overpass, or underpass, in any county right-of-way without first filing with the County Highway Engineer a written application for a permit to make such a cut or excavation provided or approved by the County Highway Engineer, at least three days in advance of the time of beginning the work to be done under such permit, and without first procuring such permit therefor, executing a bond to cover all damages occasioned by such work, and restoring the place where such work has been done in good condition, and in the manner provided by the term of this subchapter;

Full Breakdown

036 makes it unlawful to cut, dig, trench, excavate, grade, tunnel or bore into, or otherwise disturb, any county road, street, alley, sidewalk, roadside ditch, right-of-way or other public place, or to attach or remove wire, pipe or conduit from a county bridge, without first filing a written application with the County Highway Engineer at least three days before work begins, obtaining the permit, executing a bond, and restoring the site to good condition. Emergency work may proceed without delay if a bond is posted, notice given, and a permit applied for within 24 hours.

037 requires the application to describe the estimated dates, dimensions, road surface and purpose of the work, and the permittee must maintain the disturbed surface in smooth, uniform condition for one year, barricade the site, take responsibility for injury or damage, and post the permit holder's name at the site. 038 sets the bond at $5,000 for a cut no deeper than six feet at roughly a right angle to the road, $20,000 per mile for a deeper or more angled cut, and $5,000 or $150 per foot, whichever is greater, for bridge attachments; the bond stays in force for three years after completion.

039 gives the permittee 90 days from issuance to complete and repair the work, subject to extension by the County Highway Engineer. The ordinance does not apply to work done under contract with the County Board of Commissioners or to private driveway construction connecting to a county highway.

Violations & Fines

Section 151.999(C)(1) fines anyone who violates sections 151.035 through 151.042, including working without the required permit and bond, up to $2,500, with each day of violation a separate offense. That fine does not bar the County Board of Commissioners from also seeking an injunction or other remedy to enforce the ordinance and any rules or orders issued under it, under section 151.999(C)(2).

Frequently Asked Questions

Do I need a permit to dig in the road right-of-way in unincorporated Bartholomew County?
Yes. Section 151.036 makes it unlawful to cut, dig, trench or excavate any county road, street, alley, sidewalk, roadside ditch or right-of-way without first filing a written application with the County Highway Engineer at least three days ahead and obtaining the permit along with a bond.
What if I have an emergency and cannot wait three days?
Section 151.036(A) allows emergency cutting or excavation to proceed without delay, provided a bond is posted, notice is given, and a permit is applied for and obtained from the County Highway Engineer within 24 hours after the work begins.
How much is the road cut bond?
Section 151.038 sets the bond at $5,000 for a cut, dig, trench or bore no deeper than six feet at roughly a right angle to the road, and $20,000 per mile for a deeper or more angled cut, with a $5,000 or $150-per-foot bond for attaching to or removing anything from a county bridge.
How long do I have to finish the work once the permit is issued?
Under section 151.039, the permit holder must complete the work and repair the disturbed site within 90 days from the date the permit is issued, though the County Highway Engineer or the Engineer's assistant may grant an extension of that deadline upon request.

Sources & Official References

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