Indianapolis, IN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Sec. 645-573 (Code 1975, § 28-253)
- License issuer
- Division of Construction & Business Services
- Maximum license term
- Up to 20 years
- Appeal deadline
- 30 days from denial/revocation
- Removal deadline after termination
- 60 days
- Property right in license
- None; revocable, no vesting
Summary
Indianapolis requires a written license from the division of construction and business services before anyone may maintain an encroachment, defined as an inanimate object intruding on the public right-of-way, under Revised Code Sec. 645-573. Licenses run up to 20 years, denials can be appealed within 30 days, and the city can terminate a license at any time and force removal within 60 days.
Encroachment means an intrusion by an inanimate object on, under, over, or upon the public right-of-way... No person shall maintain any encroachment without first: (1) Having received a written license document therefor from the division of construction and business services in accordance with the provisions of this division; or (2) Complying with the provisions of section 645-581 for a license allowed without documentation. ...All license documents issued...may be for a term of up to twenty (20) years dating from the date of their issuance. ...Within thirty (30) days after any action of the division...granting, refusing to grant or revoking any license required by this division, any person...may appeal under the provisions established in Article IV of Chapter 801 of the code. ...Such department shall allow the owner sixty (60) days to remove the encroachment.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47 Update 2).
Full Breakdown
Sec. 645-571 defines an encroachment as an intrusion by an inanimate object on, under, over or upon the public right-of-way, but exempts vehicles and bicycles regularly moved, landscaping already permitted under Chapter 701, temporary real-estate signs that comply with zoning, registered public-utility fixtures, and privately owned service lines that bring utilities to the landowner. Sec. 645-573 then makes it unlawful to maintain any encroachment without either a written license document from the division of construction and business services or compliance with a documentation-free license type the board of public works has separately authorized under Sec.
645-581. To get a license, an owner files a petition under Sec. 645-574 describing the property and the need; the division investigates under Sec. 645-575 and may grant, deny or condition the license, but Sec. 645-575(b) is explicit that no one, even someone who owns the abutting property, has any property right to an encroachment license. Sec. 645-576 lets the division attach reasonable conditions and confirms no property right ever vests in the license holder, however long the term. Under Sec. 645-577 a license may run up to 20 years.
A denial, refusal or revocation can be appealed within 30 days under Article IV of Chapter 801. Petitions require the application fee set in Sec. 131-501, though the division can waive the license fee, with a written finding, if the city receives valuable consideration for the encroachment. The division can enforce the division "by any appropriate remedy at law or in equity" under Sec. 645-580.
Violations & Fines
Under Sec. 645-583, the division of construction and business services can terminate an encroachment license at any time and must give the owner 60 days to remove the encroachment, unless the license document itself sets a different removal period. If the owner misses that window, the division may remove the encroachment without further notice and recover its costs and expenses, including reasonable attorney fees, from the owner. Maintaining an unlicensed encroachment is separately enforceable as a Code violation under the general remedies in Sec. 645-580.
Frequently Asked Questions
Do I need a permit to keep a structure on the Indianapolis right-of-way?
How long does an Indianapolis encroachment license last?
What is exempt from the encroachment license requirement?
Can Indianapolis deny or revoke my encroachment license?
Sources & Official References
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