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

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

Key Facts

Approving body
Board of Public Works
Initial application fee
$200
Contract preparation fee
$100
Permanent encroachment permit fee
$50
Rental fee basis
Size, facility type, street class

Summary

Placing private facilities, cables, pipes, structures, in Fort Wayne's public rights-of-way requires Board of Public Works approval, a $200 application fee, and an annual rental fee based on the encroachment's size and street classification.

Any individual, company, or organization not included under § 99.031 (J) may request permission from the Board of Public Works to place private facilities within the public rights-of-way, subject to the following fees: (a) Initial application fee of $200... (b) Contract preparation fee of $100... (c) An annual rental fee will be assessed that is dependant on the size of the encroachment, the type of facility to be placed, and the classification of the street right-of-way.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-60: Supplement contains: Local legislation current through Ord. G-19-26, passed 7-14-26, and Res. 83-19, passed 12-17-19 State legislation current through Legislative Service, 2025 Acts, Pamphlet No. 3).

Full Breakdown

Anyone placing private facilities, communication cable, underground pipe or duct, fiber optics, or a parking lot, within a Fort Wayne right-of-way must apply to the Board of Public Works under § 99.009(B). The process requires a nonrefundable $200 initial application fee and a $100 contract preparation fee, then review by the engineering departments, Community and Economic Development, and the Right-of-Way department before Legal drafts a rental/encroachment agreement for the Board's final approval. The annual rental fee scales with the encroachment's size, facility type, and whether the street is residential, collector, or arterial; a flat $50 permanent encroachment permit fee also applies under the same section's fee table.

Violations & Fines

Fort Wayne's general chapter penalty, § 99.999, applies to right-of-way violations without their own penalty clause: a fine of up to $2,500, with each day of continued violation a separate offense.

Frequently Asked Questions

Who approves an encroachment permit in Fort Wayne?
The Board of Public Works, after review by the engineering departments, Community and Economic Development, the Right-of-Way department, and Legal.
What does it cost to apply?
A $200 initial application fee plus a $100 contract preparation fee, then an annual rental fee tied to the encroachment's size and the street's classification.
Can the city waive the annual fee?
Yes, for good and sufficient cause, but the reasoning must be documented in writing and attached to the rental/encroachment agreement.

Sources & Official References

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