South Bend, IN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Advance notice
- 48 hrs (partial) / 7 days (full closure)
- Permitting office
- City Engineer's Office
- Local street closure fee
- $75.00 per week
- Unpermitted occupancy fine
- $100 to $1,000 per day
- Additional requirement
- Bond and liability insurance, Sec. 18-62
Summary
Anyone temporarily occupying South Bend's public right-of-way for commercial, construction or recreational use must apply to the City Engineer's Office, with 48 hours' notice for partial occupancy or seven days' notice for a full closure. Skipping the permit risks fines of $100 to $1,000 per day.
(a)Application required.(1)Not less than forty-eight (48) hours prior to the anticipated occupancy of a portion of any City right-of-way, and not less than seven (7) days prior to the anticipated full closure of City right-of-way, those parties desiring to temporarily obstruct a City right-of-way shall make application to the City of South Bend through the City Engineer's Office...(b)Departmental approvals required.(1)Approval of any barricade or temporary occupancy permit under this section is contingent upon the applicant securing any other permit(s) applicable by City ordinance, including but not limited to excavation permit, access permit over-size/overweight permit, public assembly permit, parade permit, and/or block party permits...(e)Penalty for violation. Any person who fails to obtain the necessary right-of-way occupancy permit shall be shall be fined not less than one hundred dollars ($100.00) per day nor more than one thousand ($1,000.00) per day, until such time as an approved permit is obtained, in addition to being liable for the appropriate fee from the date said occupancy began.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Sec. 18-60 requires an application to the City Engineer's Office before any commercial, construction or recreational use temporarily occupies a City right-of-way: at least 48 hours' notice for partial occupancy, or at least seven days' notice for a full closure, though the City Engineer can waive those windows for emergencies. The application must describe the use, including the size, location, purpose and type of structure involved. Fees apply whenever an obstruction exceeds the 'typical obstruction allowance' already covered by an excavation or access permit, which the Code defines as five days or less for a non-traffic-lane obstruction, two hours or less where a collector road stays open to traffic, and one hour or less on an arterial road.
Approval is contingent on the applicant also securing any other required City permit, such as an excavation, access, oversize/overweight, public assembly, parade or block party permit, and the request is reviewed by City Police and the Department of Public Works before the City Engineer signs off. Sec. 18-61 lays out the permit conditions: the applicant must indemnify the City, covenant to restore the right-of-way to as-good-or-better condition, and use barricades and signs meeting the Indiana Manual on Uniform Traffic Control Devices. 00 per week depending on street type, and fees are never waived. Sec. 18-62 additionally requires the applicant to file a bond and carry personal injury and property damage insurance.
Violations & Fines
Occupying the right-of-way without the required permit draws a fine of not less than $100.00 nor more than $1,000.00 per day under Sec. 18-61(e), on top of liability for the applicable occupancy fee retroactive to the date the occupancy began. Enforcement can be triggered by a complaint from the Department of Public Works or any affected individual.
Frequently Asked Questions
How much notice does South Bend require before closing part of a right-of-way?
What does a South Bend barricade permit cost for closing a local street?
What happens if I occupy South Bend right-of-way without a permit?
Sources & Official References
Other rules in South Bend
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