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

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

Key Facts

Approving body
Morgan County Board of Commissioners
Approval timing
Required before any excavation begins
Liability insurance
$3,000,000 per person, $1,000,000 per accident
Minimum burial depth
36 inches below the surface
Restricted season
No new lines Nov. 1 to Mar. 15 without consent
Violation fine
$5,000 plus possible criminal charges

Summary

Running a pipe line, cable, fiber optic line or other underground transmission device under, along or across a Morgan County, Indiana road or right-of-way requires the Board of Commissioners' advance approval of detailed plans, a compliance bond and liability insurance under Morgan County Code § 110.03. Unauthorized work draws a $5,000 fine and possible criminal charges.

These county ordinances apply to unincorporated areas of Morgan County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) No pipe line, cable, fiber optic line, or other underground transmission device shall be placed under, along or across any county street, road or right-of-way except in accordance with the provisions of this section. ... (C) No such pipe line, cable, fiber optic line, or other underground transmission device shall be placed under, along or across any county street, road or right-of-way, until such plans and specifications for such placement have been approved by the County Board of Commissioners, or its designee, and no excavation or work of any type shall be commenced of putting any such pipe line, cable, fiber optic line, or other underground transmission device under, along or across any county street, road, or right-of-way until such approval has been obtained. ... (M) Any person who violates the terms of this section shall be subject to a fine of $5,000 and subject to possible criminal charges, if applicable, under the law.

Full Breakdown

Placing any pipe line, cable, fiber optic line or other underground transmission device under, along or across a county street, road or right-of-way in unincorporated Morgan County, Indiana requires advance approval from the County Board of Commissioners under § 110.03(A). Before doing any work, the applicant corporation or person must submit detailed plans and specifications showing the device's location relative to property lines, sewers, fences, waterways, streets and other improvements (§ 110.03(B)); no excavation may begin until the Commissioners, or their designee, approve those plans (§ 110.03(C)).

The applicant must also post a bond set by the Commissioners guaranteeing compliance, with a continuing bond required for any utility that repeatedly places or repairs lines along county roads (§ 110.03(D)), and carry public liability insurance of at least $3,000,000 per person and $1,000,000 per accident before starting work (§ 110.03(F)). Placement is barred within four feet of a traffic lane or roadway edge without specific written Commissioners approval (§ 110.03(E)), and no new line may be laid between November 1 and March 15 without written consent, though repairs during that window need the same written consent (§ 110.03(J)).

Lines must run at least 36 inches below the surface (§ 110.03(K)), and any crossing of a paved county road must be drilled and sleeved in steel pipe rather than cut through the pavement (§ 110.03(L)). After the work, the permittee must refill and tamp excavations and restore sod, curbing, paving, pipes, drains, ditches and bridges to their prior condition (§ 110.03(G)).

Violations & Fines

Placing or repairing an underground line, cable or pipe in the county right-of-way without the Board of Commissioners' approval is punishable by a $5,000 fine and possible criminal charges under § 110.03(M). The applicant's posted bond and required liability insurance, at least $3,000,000 per person and $1,000,000 per accident, remain the county's recourse for any damage caused during unauthorized or noncompliant work (§ 110.03(D), (F)).

Frequently Asked Questions

Do I need county approval to run a utility line under a Morgan County road?
Yes. Under § 110.03(A) and (C), no pipe line, cable, fiber optic line or other underground transmission device may be placed under, along or across a county street, road or right-of-way until the Board of Commissioners approves detailed plans and specifications, and no excavation may start beforehand.
What does the county require before approving the work?
The applicant must submit plans showing the device's location relative to property lines and other improvements, post a bond set by the Commissioners guaranteeing compliance, and carry public liability insurance of at least $3,000,000 per person and $1,000,000 per accident (§ 110.03(B), (D), (F)).
Is there a season when new lines can't be installed?
Yes. Section 110.03(J) bars laying new pipe lines, cables or fiber optic lines under, along or across a county road between November 1 and March 15, and repair work in that window needs the Commissioners' written consent.
How deep must an underground line be buried?
Section 110.03(K) requires the top of any pipe line, cable or other underground transmission device to sit at least 36 inches below the ground surface, and § 110.03(L) requires drilling under, not cutting through, any paved county road it crosses.

Sources & Official References

Other rules in Morgan County

All Morgan County rules

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