Hamilton County, IN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required
- before any right-of-way construction or work
- Issued by
- County Commissioners via Highway Department
- Minor commercial drive fee
- $400 per drive
- Major commercial drive fee
- $400 plus $1/sq ft
- Violation fee
- $250 per day per subsection
- Late payment
- permits withheld, case sent to prosecutor
Summary
Anyone who wants to build, dig, install a driveway, or store items within a Hamilton County road right-of-way must get a permit first. Sec. 8-17-4-2 requires county commissioner approval and a Highway Department application before construction, utility work, or any private use of county right-of-way begins, with a published fee schedule covering each type of work.
All persons who desire to perform construction operations or other work within the county's right-of-way shall prior to the start of construction, apply for and receive approval from the county commissioners or their designee. Permit application forms, supplied by the Hamilton County Highway Department and related exhibits shall be submitted to the highway department to be reviewed and approved by the appropriate agencies as specified by the county commissioners...(e)Fees for said permits shall be paid by check or money order made payable to the "Hamilton County Treasurer" and shall be submitted with the permit. No permit will be reviewed or approved until the fee has been received by the Hamilton County Highway Department. Fees for the permits shall be in the following amounts:(1)Minor commercial driveways, $400.00 per drive.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 22 | Unified Development Ordinance: Republication).
Full Breakdown
Sec. 8-17-4-2 requires "all persons who desire to perform construction operations or other work within the county's right-of-way" to "apply for and receive approval from the county commissioners or their designee" before construction starts. Applicants submit permit forms and exhibits supplied by the Hamilton County Highway Department, which reviews them and forwards them to whatever other agencies the commissioners specify. The section reaches far beyond digging: driveway approaches, utility crossings, and storage of materials in the right-of-way all fall under it. 00 per square foot of auxiliary-lane pavement to the same $400 base.
Residential driveways serving more than two dwellings need a private road approach permit backed by a recorded maintenance and easement agreement under subsection (b). Subsurface utility crossings must bore or push beneath the roadway at a depth the county highway engineer sets, and cutting the road surface itself needs the commissioners' specific approval under subsection (d). Every fee is payable by check or money order to the Hamilton County Treasurer, and the Highway Department will not review a permit until the fee clears.
Violations & Fines
A violation of any part of Sec. 8-17-4-2 draws a $250-per-day inspection fee per subsection violated, billed by the Hamilton County Highway Department under subsection (e)(14). The fee is due within 14 days of notice; miss that window and the county withholds all future permits from the violator and refers the case to the Hamilton County Prosecutor for judgment under Sec. 8-17-5-1. The highway permit inspector or county engineer can waive the fee for a first-time violation.
Frequently Asked Questions
Do I need a permit to work in a Hamilton County road right-of-way?
How much does a driveway right-of-way permit cost?
What happens if I skip the permit?
Sources & Official References
Other rules in Hamilton County
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