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Lenexa, KS Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit issuer
Community Development Department; Director has final authority
Permit bond
$10,000 annual, plus $10,000 for 2-year maintenance
Liability insurance
$500,000 per occurrence, City as additional insured
Minimum utility depth
48 inches under street, 24 inches outside street
Repair responsibility
2 years after excavation
Emergency exception
Work can start; utility permit due next working day
Code section
Lenexa City Code 4-6-D-1

Summary

In the City of Lenexa, Kansas, no one can excavate or perform any work in a public right-of-way without first getting a City permit, except in an emergency. Each excavation needs its own permit, permits cannot be transferred, and the Community Development Director has final say to grant, deny or revoke.

Except in case of an emergency, no person shall make or cause to be made any excavation or perform any work in, through, upon or under any public right-of-way in the City for purposes whatsoever without first obtaining a permit from the City. Each individual excavation shall require a separate permit. Permits are not assignable or transferable. Utility companies shall be subject to all provisions of this Article. Permits are not required for normal maintenance of street or parkway lawn areas which are considered a part of abutting private property. ... Any person performing excavation within public right-of-way without a permit or otherwise in violation of this Article shall be subject to prosecution as provided herein and shall be required to immediately stop, secure and restore any work that has been started.

Full Breakdown

The City of Lenexa, Kansas, requires a City permit for work in public right-of-way in two places. Section 4-6-D-1 covers street excavations: except in an emergency, no person can make an excavation or perform any work in, through, upon or under any public right-of-way for any purpose without first obtaining a permit. Each excavation needs its own permit, permits cannot be assigned or transferred, and utility companies follow the same Article. Normal maintenance of the street or parkway lawn strip, which counts as part of the abutting private property, needs no permit.

Applications go to the Community Development Department on City forms and list the start and completion dates, the number of days the excavation stays open, an emergency contact, the address, a map or diagram tied to a street address and legal description, a copy of the business license, the permit fee, a certificate of insurance, copies of the permit and maintenance bonds and a traffic-control plan (Section 4-6-D-2). Any boring must stay at least 24 inches below the roadway surface. Section 4-6-D-5 requires an annual $10,000 permit bond and a 2-year $10,000 maintenance bond, and Section 4-6-D-6 requires general liability insurance of at least $500,000 per occurrence with the City named as additional insured. The Community Development Director has final authority to grant, deny or revoke every excavation permit (Section 4-6-D-8) and can waive fees only for projects under contract with the City (Section 4-6-D-4).

Article 4-6-I covers facilities in the right-of-way more broadly. Section 4-6-I-6 requires a City permit, in addition to any other authorization to occupy the right-of-way, before anyone works on facilities in, along, across, under or over it, with a pre-application conference unless the City Engineer waives it. The Building Code adds that right-of-way work permits are required for sidewalk or driveway installation or replacement in the public right-of-way (Section 4-8-A-4). Utilities must keep facilities at least 48 inches below the street surface and 24 inches below the right-of-way outside the street surface (Section 4-6-D-10).

Violations & Fines

Excavating in the right-of-way without a permit, or otherwise in violation of Article 4-6-D, exposes the person to prosecution and requires the person to stop, secure and restore any work already started. Section 4-6-G-1 sends violations of Chapter 4-6 to the general penalty in Section 1-1-C-3: a fine of not more than $2,500, imprisonment for not more than one year, or both. A permit holder must repair settling for 2 years, and if the holder fails to repair within 5 working days of notice, the City does the work and the holder or its surety pays.

Frequently Asked Questions

Does Lenexa require a permit to dig or work in the public right-of-way?
Yes. Section 4-6-D-1 says that, except in an emergency, no person can make an excavation or perform any work in, through, upon or under any public right-of-way for any purpose without first obtaining a permit from the City. Each individual excavation needs a separate permit, and permits cannot be assigned or transferred to another person.
What does a Lenexa right-of-way permit application include?
Section 4-6-D-2 lists the application date, projected start and completion dates, days the excavation stays open, an emergency contact, the address, a map or diagram, a business license copy, the permit fee, a certificate of insurance, bond copies and a traffic-control plan. Applicants file with the Community Development Department and must hold the approved permit before starting.
What happens in an emergency in Lenexa?
Section 4-6-D-1 exempts emergencies from the advance permit requirement. Under Section 4-6-D-9, utility companies can proceed at once with emergency repair or maintenance, but must obtain an excavation permit on the first regular working day after the emergency work. The Community Development Director can also waive the Article after a catastrophic occurrence.
How long is a Lenexa permit holder responsible for repairs?
Two years. Section 4-6-D-16 requires the permit holder to repair any sinking damage to the surface or improvements resulting from an excavation for 2 years afterward. If the holder does not repair within 5 working days of notice, the Community Development Director can have City employees or a contractor do the work at the holder's or its surety's cost.

Sources & Official References

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