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Boone County, KY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

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

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.

View official code

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?
Section 97.61 covers any firm, individual, governmental agency, or municipal or public utility company that wants to access a county road's right-of-way system or perform work there. That includes utility installation, driveway work and excavation, and the permit must come from the Public Works Director or a designee before work starts.
Can a permit be denied?
Yes. Section 97.64 lets the Public Works Director deny an excavating, filling or landscaping permit if the work would hurt natural drainage, expose unsightly views, cause erosion or stability problems, or increase future maintenance needs. Excavation over 1,000 cubic yards on a highway right-of-way additionally needs the Director's direct concurrence before approval.
What paperwork must a contractor carry on-site?
Section 97.61 requires contractors performing permitted right-of-way work to keep a copy of the permit, the authorization letter, and detailed drawings of the work to be done in their possession at all times on the job. Missing any of that documentation exposes the crew to the same misdemeanor penalty as working without a permit.

Sources & Official References

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