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

Section 5.4 of Appendix F, the joint Owensboro-Daviess County Zoning Ordinance, requires anyone who wants "to cause, allow or place any encroachment in, under, on or over any public right-of-way, public utility easement or drainage easement" to file a written application with the Zoning Administrator. Section 5.41 lists what the application must contain: the applicant's, owner's, and contractor's names and addresses; the encroachment's location, dimensions, and nature; start and completion dates; a site plan showing the encroachment's relationship to the easement or right-of-way and any utility facilities; a traffic-control plan if the Zoning Administrator requires one; and signed waivers from every affected utility or agency along with hold-harmless statements from the property owner. An incomplete application is returned with its filing fee, and missing agency signatures result in denial.

Under Section 5.42, the Zoning Administrator has fourteen business days after receiving a complete application to decide it, consulting with affected utilities as needed, and will issue the permit only if every affected utility or agency has waived its objection and the encroachment will not unreasonably interfere with access to the easement or right-of-way. The issued permit must be recorded in the Office of the Daviess County Clerk within thirty days. Section 5.43 lets the Zoning Administrator deny, modify, or revoke a permit for misrepresentation, failure to get a required waiver, or violation of a permit condition, with revocation also recorded with the County Clerk. Section 5.45 sets the permit's duration: it becomes invalid unless work begins within thirty days of issuance, or if the work is not completed within 180 days after starting, though the Zoning Administrator can grant thirty-day extensions on written request. Any denial can be appealed to the Board of Adjustment.