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

Section 94.02 of the Jessamine County Code is the county's right-of-way encroachment control. It bars any crossing, cutting or excavation affecting the county road system and right-of-way unless the Jessamine County Fiscal Court has given prior permission. The approval comes from the Fiscal Court as a body, not from a staff counter, so work waits for the Fiscal Court's action.

There is one exception. In an emergency affecting the health and safety of the general public, the County Judge/Executive is authorized to permit only such crossing, cutting or excavation as the emergency requires. The emergency authority is limited to what the emergency demands and does not stretch to the whole project.

The section also controls how the work is done. A crossing must conform to the methods adopted by the Kentucky Department of Transportation, which are attached to the establishing ordinance and adopted by reference, or to any other method specifically approved by the Fiscal Court.

Utilities and other agencies carry a continuing obligation. Any utility, agency or person using the road right-of-way is subject to the condition that it must remove its utility property located in the right-of-way at any time, at the agency's own expense. The Fiscal Court can also require a surety bond in light of the type of construction requested, so the bond depends on the work proposed.

Penalties sit in § 94.99. Under division (B), any violation or failure to comply with § 94.02 makes the violator subject to a fine not to exceed $500. Division (A) sends any chapter violation with no stated penalty to § 10.99. Separately, § 94.01 keeps the Fiscal Court from accepting a new subdivision road as a county or private road unless the right-of-way is dedicated in fee simple and the road meets § 153.062 of the subdivision regulations.