Kokomo, IN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- § 97.16
- Managing department
- Engineering, Traffic & Inspection Services
- Base application fee
- $50 (§ 97.17)
- Curb-cut fee
- $25 minimum
- Minimum bond
- $1,000 (§ 97.18)
- Enforcement agent
- City Engineer
Summary
Anyone who wants to open, cut, bore into, or otherwise encroach on a Kokomo street, alley, or right-of-way must first get a permit under § 97.16 of the Kokomo Code of Ordinances. The Department of Engineering, Traffic, and Inspection Services manages the city's rights-of-way and decides permit terms, and the Common Council has deputized the City Engineer to enforce the requirement, with fees starting at $50 per cut under § 97.17.
§ 97.16 PERMIT.
(A) Any person, firm, or corporation desiring to open, cut, bore into or under any street, alley, or other public way or right-of-way, paved or unpaved, shall be required to obtain a specific permit for such purpose.
(B) The Department of Engineering, Traffic, and Inspection Services shall have the responsibility for the management of all city rights-of-way. Determinations regarding the proper use of the public rights-of-way shall be at the discretion of the Department of Engineering, Traffic, and Inspection Services. The Common Council shall hereby grant the City Engineer the authority to enforce the provisions of this section as an agent of the city.
Full Breakdown
Section 97.16 requires "any person, firm, or corporation desiring to open, cut, bore into or under any street, alley, or other public way or right-of-way, paved or unpaved" to obtain a specific permit first, whether the work is a directional bore, an open trench, a new service extension, an overhead installation, or a driveway or sidewalk curb cut, the ten activities listed in division (C). Division (B) puts the Department of Engineering, Traffic, and Inspection Services in charge of managing every city right-of-way and gives that department discretion over how the right-of-way may be used, while the Common Council grants the City Engineer authority to enforce the permit requirement directly as the city's agent.
Fees follow in § 97.17: a $50 minimum application fee applies to most permits, dropping to $25 for a driveway or sidewalk curb-cut permit, with a $.10-per-foot surcharge once an open trench under division (C)(8) runs past 100 feet. Cutting into pavement, curb, or sidewalk that was resurfaced within the last three years costs extra, on a sliding scale from $300 (resurfaced within 12 months) down to $50 (resurfaced more than 36 months earlier), and any excavation of a brick or other decorative surface draws an added fee the Board of Public Works and Safety sets on the City Engineer's recommendation. Aerial work rising less than five feet above pavement, and any excavation the city itself contracts for, is exempt under § 97.15.
Violations & Fines
Working in the right-of-way without the § 97.16 permit, or outside its approved terms, is enforced by the City Engineer as the Common Council's designated agent, with penalties running through the chapter's general § 97.99 fine provision. Because §§ 97.16-97.18 also require a performance bond of at least $1,000 guaranteeing restoration and one year of upkeep, an unpermitted or defective cut can additionally expose the responsible party to a claim against that bond.
Frequently Asked Questions
Do I need a permit to cut into a Kokomo street?
How much does a right-of-way permit cost?
Is any work exempt from the permit?
Sources & Official References
Other rules in Kokomo
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