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

Boone County Code § 150.16, the county's Construction in Rights-of-Way Ordinance, lists sidewalks, pathways, trails and multi-use paths among the 'improvements' that cannot be built in the right-of-way of the Boone County Highway System without a permit; the same section makes it unlawful to construct any such improvement without first obtaining one. The Highway Engineer, authorized under § 150.17 and I.C. 8-17-5, reviews every application, inspects the proposed location and either issues the permit directly or forwards it to the Board of Commissioners for approval under § 150.61.

Applicants apply on Highway Department forms under § 150.31, must certify property ownership, pay the required fee, and accept an encroachment agreement as part of the application. Where a sidewalk or pathway permit is requested, § 150.40 requires the applicant to convey right-of-way consistent with the Boone County Thoroughfare Plan and Comprehensive Plan before the permit issues, except for field-entrance permits. The Highway Engineer may require a permit bond under § 150.51 sized to the estimated impact on county improvements, and once the Highway Department signs off on a final inspection under § 150.70, the approved permit converts into a binding encroachment agreement obligating the permittee to keep the sidewalk or pathway improvement in good repair within the right-of-way.

Noncompliant work gets 30 days to correct under § 150.80 before the county can revoke the permit and remove the improvement at the owner's expense.