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Kokomo, IN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Yes. Section 97.16 requires anyone who wants to open, cut, or bore into or under any Kokomo street, alley, or right-of-way to get a specific permit first, regardless of whether the surface is paved or unpaved. The Department of Engineering, Traffic, and Inspection Services manages the process.
How much does a right-of-way permit cost?
Under § 97.17, most excavation permits carry a $50 minimum application fee, while a permit solely for a driveway or sidewalk curb cut costs $25. Additional charges apply for long open trenches and for cutting into pavement, curb, or sidewalk that was resurfaced within the last three years, up to $300.
Is any work exempt from the permit?
Section 97.15 exempts excavation the city itself contracts for, and aerial work that rises no more than five feet above the pavement or sidewalk as long as it does not obstruct traffic or damage the right-of-way. Everything else covered by division (C)'s list of ten activities needs the § 97.16 permit.

Sources & Official References

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