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

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

Key Facts

Permit required from
Board of Commissioners' office
Administrative fee
$100
Road cut fee
$3.89 per sq ft of trench
Improper backfill fee
$1.87 per sq ft
Excludes
New Albany, Georgetown, Greenville limits

Summary

Cutting, tunneling under, or excavating in a county road right-of-way in unincorporated Floyd County requires a road cut permit from the Board of Commissioners, with fees running from $100 up to per-square-foot charges for pavement cuts.

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

(C) General provisions. (1) No person, firm, or corporation shall cut into, tunnel under, or make any excavation in any County Road without first obtaining a road cut permit from the Board of Commissioners’ office. ( ... D) Fees. ... Permit fees shall be as follows: Permit Fee Administrative $100 Improper backfill $1.87 per square foot Road cut $3.89 per square foot of trench, cut into pavement for final asphalt coat Tunnel $100 ... (F) Penalties. (1) The County Infrastructure Coordinator shall act as the enforcement agent of the Board of Commissioners and shall have the power to issue said fine.

Full Breakdown

Section 153.01 of the Floyd County Code, enacted under Indiana Code authority, requires anyone excavating within county road right-of-way to first obtain a road cut permit. Section 153.01(C)(1) bars any person, firm or corporation from cutting into, tunneling under, or excavating in a county road without a permit from the Board of Commissioners' office. The rule applies countywide except within the City of New Albany, the Town of Georgetown and the Town of Greenville, per Section 153.01(B). An applicant files with the County Infrastructure Coordinator/Engineer, describing the cut's location and specifications, and the application is forwarded to the County Highway Superintendent for review under Section 153.01(C)(2)-(3).

A preliminary field meeting with the Infrastructure Coordinator and Highway Superintendent sets the road cut fee before work begins, and the fee is paid at the Board of Commissioners' office before the permit issues, per Section 153.01(C)(6)-(7). Section 153.01(D) sets an administrative fee of $100, a tunnel fee of $100, an improper-backfill charge of $1.87 per square foot, and a road cut charge of $3.89 per square foot of trench for the final asphalt coat. The county may also require a bond before issuing a permit.

Applicants must keep a copy of the permit on-site, notify the county 24 hours before work except in emergencies, and remain responsible for backfill, cleanup and any material discharged into streams or waterways.

Violations & Fines

Under Section 153.01(F), the County Infrastructure Coordinator acts as enforcement agent for the Board of Commissioners and has authority to issue a fine for an unpermitted road cut; penalties for Chapter 153 violations are set out in Section 153.99. A property owner may appear before the Board of Commissioners to appeal, and the Board can waive or reduce the fine for reasonable cause.

Frequently Asked Questions

Do I need a permit to cut into a county road in unincorporated Floyd County?
Yes. Section 153.01(C)(1) prohibits cutting into, tunneling under, or excavating in any county road without first obtaining a road cut permit from the Floyd County Board of Commissioners' office.
How much does a Floyd County road cut permit cost?
Section 153.01(D) lists a $100 administrative fee, a $100 tunnel fee, $1.87 per square foot for improper backfill, and $3.89 per square foot of trench cut into pavement for the final asphalt coat, set at a preliminary field meeting.
Who can fine me for an unpermitted road cut in Floyd County?
Section 153.01(F) makes the County Infrastructure Coordinator the enforcement agent for the Board of Commissioners with power to issue the fine, though the property owner may appeal to the Board of Commissioners, which can waive or reduce it.

Sources & Official References

Other rules in Floyd County

All Floyd County rules

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