Nicholasville, KY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 19-4 of the Nicholasville Code governs private structures in the public way. Subsection (a) makes it unlawful to erect, maintain or continue any wall, fence, retaining wall or other obstruction or encroachment on or in any of the public streets, highways, alleys or public ways within the city that interferes in any way with the free and unlimited use of the same by pedestrians and vehicles. The only route around the ban is an expressed permit for the erection, maintenance or continuance, obtained from the city commission. The section names the commission as the permitting body and prints no fee or application form.

Subsection (b) sets the removal process. On a complaint made to the city commission by any person, the mayor is directed to notify the person erecting, maintaining or continuing the obstruction to appear before the commission at a stated time and date within thirty days and show cause why it should not be removed. If the commission finds that the obstruction or encroachment exists, it orders removal within thirty days, and the person receives written notice of the order by registered mail with return receipt. The thirty days run from the date the order is entered on the commission's minute book.

Subsection (c) states that the section is in addition to, and not in lieu of, all other lawful remedies available to the city or any citizen or resident for the abatement of nuisances or removal of obstructions from public streets, alleys and public ways. A separate permit exists for digging: § 19-3 makes it unlawful to move, remove or disturb any dirt, gravel, rock or other substance or material from any public street, alley, road or thoroughfare without a specific written permit from the city administrator.