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

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

Key Facts

Approving body
Board of Public Works
Second step
permit from Department of Buildings
Owner duty
indemnify City for encroachment injuries
Covered-space depth limit
no more than 4 feet from curb

Summary

Evansville requires Board of Public Works approval and a Department of Buildings permit before any cellar door, window, or areaway can encroach into a public street, alley, or sidewalk.

No person shall make or continue, or cause to be made or continued, any cellar, door, window, or areas, or shall dig or construct, or cause to be dug or constructed, any area or entrance thereto, around any cellar or basement story of any building, so that it shall extend into the line of any street, alley, or public space, without first presenting a petition in detail and drawing to the Board of Public Works and obtaining its approval, and thereafter obtaining the approval of and a permit from the Department of Buildings. An encroachment shall be approved only if said encroachment does not duly interfere with pedestrian or vehicular traffic or present a danger to any person. Any person maintaining an encroachment upon a street, public sidewalk, or right-of-way by maintaining or applying for such encroachment does hereby agree to indemnify and hold harmless the City of Evansville, its agents and employees, from any injury to person or property or death of any person from the placement or maintenance of such encroachment.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance G-2026-12, passed June 22, 2026).

Full Breakdown

Evansville runs encroachments, cellar doors, windows, areaways, or basement entrances that extend into a street, alley, or public space, through a two-step approval process. The property owner must first present a detailed petition and drawing to the Board of Public Works, which will only approve it if the encroachment won't interfere with pedestrian or vehicular traffic or endanger anyone. Only after that does the owner get a separate permit from the Department of Buildings. Anyone building or maintaining an approved encroachment must also agree in writing to indemnify and hold the City harmless for any injury, property damage, or death it causes, and covered space below a sidewalk can't extend more than four feet from the curb line.

Violations & Fines

Digging or building a cellar entrance, areaway, or covered space under a public street or sidewalk without Board of Public Works approval and a Buildings Department permit violates EMC 15.05.280.

Frequently Asked Questions

Do I need a permit to build a cellar entrance under an Evansville sidewalk?
Yes. EMC 15.05.280 requires a detailed petition and drawing approved by the Board of Public Works, then a separate permit from the Department of Buildings, before any encroachment into a street or sidewalk.
How far can an Evansville sidewalk encroachment extend?
Under EMC 15.05.280(B), the outer wall of any covered space below a sidewalk can't extend more than four feet from the curb line of the street.

Sources & Official References

Other rules in Evansville

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