Boone County, KY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- § 97.61 (policy adopted § 97.60)
- Permit issued by
- Public Works Director or designee
- Excavation threshold
- 1,000+ cubic yards needs Director concurrence
- Fine
- $50 to $500 (§97.99(C))
- Transfer of permit
- Requires written Director consent
Summary
Anyone who wants to access a county road's right-of-way or do work there, utilities, driveways, excavation, must get a permit from the Public Works Director under Boone County Code Section 97.61, part of the county's Right-of-Way Encroachment Policy adopted at Section 97.60.
Any firm, individual or governmental agency, municipal or public utility company, which desires access to a road in the right-of-way system or desires to perform any type of work upon the right-of-way of the road, must obtain a permit from the Public Works Director, or his or her designee. Contractors performing the work must have in his or her possession at all times a copy of the permit, authorization letter, and detailed drawings of work to be done.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: Supplement contains: Local legislation current through Ordinance 2025-20, passed 6-17-25; and State legislation current through KRS 2025).
Full Breakdown
61 is its operating rule: any firm, individual or governmental agency, municipal or public utility company that wants access to a road in the right-of-way system, or wants to perform any type of work on that right-of-way, must obtain a permit from the Public Works Director or a designee, and contractors doing the work must keep a copy of the permit, authorization letter and detailed work drawings on hand at all times. 62 clarifies that no permit issued under this policy licenses work that conflicts with any other agency having jurisdiction, so the applicant still has to separately satisfy state, federal or other local approvals.
63 bars transferring a permitted right to someone else without the Public Works Director's written consent, and requires written consent from all affected abutting owners upfront whenever a joint driveway or similar shared-frontage work is involved. 64 governs applications for excavating or filling: anything over 1,000 cubic yards on a highway right-of-way needs the Director's direct concurrence, and the Director can deny a permit outright if the work would hurt natural drainage, expose unsightly views, cause erosion or stability problems, or increase maintenance burdens. 11, passed August 29, 1995.
Violations & Fines
Violating the encroachment permit requirement, working in the right-of-way without a permit, or transferring a permitted right without consent, or violating Sections 97.35 through 97.38 or 97.60 through 97.74, is a misdemeanor under Section 97.99(C), fined not less than $50 nor more than $500. Contractors caught without the required permit, authorization letter or work drawings on site face the same range.
Frequently Asked Questions
Who needs a right-of-way encroachment permit in Boone County?
Can a permit be denied?
What paperwork must a contractor carry on-site?
Sources & Official References
Other rules in Boone County
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