Vanderburgh County, IN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Code § 15.28.020
- Permit issuer
- Board of County Commissioners
- Small cell exception
- County Engineer, Site Review Committee
- Small cell appeal window
- 30 days
- Standard applied
- Indiana Building Code
Summary
Any part of a building or accessory that projects over a public street, sidewalk or alley in Vanderburgh County needs an encroachment permit from the Board of County Commissioners and must meet the Indiana Building Code, with a narrower carve-out for small cell facilities.
15.28.020 Projection of building or accessory over public way. 1) Except as provided in subpart 2 of this section, no portion of any building nor any accessory thereto shall project over the public street, sidewalk or alley, without first having obtained an encroachment permit from the Board of County Commissioners, and shall meet the requirement of the Indiana Building Code. 2) The installation of small cell facilities, as defined by I.C. §8-1-32.3-9, may be approved by the County Engineer at the Site Review Committee, providing the installation meets all other requirements of the district in which it is located and the Indiana Building Code. Any interested party may appeal the decision of the County Engineer concerning a small cell facility to the County Commissioners by delivering to the office of the County Commissioners, within thirty (30) days of the decision by the County Engineer, written notice of appeal filed with an Agenda Request form.
Full Breakdown
020 bars any portion of a building, or anything accessory to it, from projecting over a public street, sidewalk, or alley unless the owner first obtains an encroachment permit from the Board of County Commissioners, and the projection must also meet the Indiana Building Code. 3-9: those can instead be approved administratively by the County Engineer at the Site Review Committee, provided the installation still meets every other requirement of the zoning district it sits in and the Indiana Building Code. An interested party who disagrees with the County Engineer's small cell decision can appeal to the County Commissioners by filing a written notice of appeal, on an Agenda Request form, with the Commissioners' office within thirty days of that decision.
050, separately requires anyone digging or building a cellar, doorway, window or areaway that extends into a street, alley or public space to first petition the Board of County Commissioners with a detailed plan and drawing, then obtain a permit from the department of buildings; that encroachment can be approved only if it doesn't interfere with pedestrian or vehicular traffic or endanger anyone, and the applicant must agree to indemnify the county against injury or property-damage claims arising from it.
Violations & Fines
Section 15.28.020 does not print its own fine table; a projection built without the required Board of County Commissioners encroachment permit is an unauthorized encroachment subject to the general enforcement and removal authority the joint department of building commissioners holds under this title, and anyone maintaining an unpermitted encroachment agrees, by the act of maintaining it, to indemnify the county against resulting claims under the companion Section 15.28.050 standard.
Frequently Asked Questions
Do I need a permit to build a bay window or awning over the sidewalk?
Is a small cell tower treated the same as other encroachments?
How do I appeal a County Engineer decision on a small cell installation?
What about building a basement areaway under a public sidewalk?
Sources & Official References
Other rules in Vanderburgh County
Compare Vanderburgh County to another location·View the Indiana sidewalk & pedestrian rules overview
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