Bartholomew County, IN Sidewalk & Pedestrian Rules: Encroachment Permits (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).
§ 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?
What if I have an emergency and cannot wait three days?
How much is the road cut bond?
How long do I have to finish the work once the permit is issued?
Sources & Official References
Other rules in Bartholomew County
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