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

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

Key Facts

Permit required for
Digging, cutting, closing county right-of-way or sidewalk
Application fee
$250 per separate location, § 92.27(B)
Minimum cash security
$500, held 2 years, § 92.29(B)
Utility company bond option
$50,000 blanket bond, § 92.30
Maximum fine
$2,500 per offense, § 92.99(B)
Fees deposited to
County Highway Maintenance Fund 1176

Summary

In unincorporated Warrick County, Indiana, no one may dig up, cut, restrict, close, or remove a county street, highway, or right-of-way, including a sidewalk, without a permit. Warrick County Code § 92.25 requires that permit before work starts; § 92.27 sets a $250 application fee, and § 92.29 requires security to guarantee restoration of the disturbed area.

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

§ 92.25 PERMIT REQUIRED. ... No street, highway or highway right-of-way under the jurisdiction of the county shall be dug up, cut, restricted, closed or removed for any purpose unless a permit for such action has first been obtained from the county. ... § 92.27 APPLICATION AND FEE. ... (B) There is imposed a permit fee of $250 paid to the county to defray the cost of processing applications for permits. ... § 92.99 PENALTY. ... (B) Any person violating any of the provisions of §§ 92.25 through 92.33 shall, for each offense, be subject to a fine of not more than $2,500.

Full Breakdown

Warrick County Code § 92.25 bars digging up, cutting, restricting, closing, or removing any county street, highway, or right-of-way, including a sidewalk under § 92.28, without a permit issued by the county. Section 92.26 exempts a public utility company only when it must act immediately to preserve life or property, make an emergency inspection, or complete an emergency repair, but that utility still has to get the permit on the first working day after the work starts. To apply, § 92.27 requires the applicant to file on county forms, pay a $250 permit fee for each separate location dug up, cut, or removed, and designate how they will meet the security requirement of § 92.29; that fee money and any collected fines go into the County Highway Maintenance Fund 1176.

Section 92.29 requires security guaranteeing restoration, either a two-year corporate surety bond, an irrevocable two-year letter of credit, or a cash deposit of at least $500, held by the County Auditor in the street cut fund and refunded, without interest, once the work is inspected and accepted. A public utility company may instead file a single $50,000 bond under § 92.30 covering all its digging in the right-of-way. Once approved, § 92.28 has the County Commissioners issue a permit describing the work, the extent of disturbance allowed, and how long the permit is valid, with a copy kept on site during the work.

Section 92.32 sets minimum backfill and resurfacing standards, including compacted six-inch fill layers, at least six inches of concrete under paved areas topped with four inches of surface material, and sidewalks restored to match the adjoining undisturbed sidewalk.

Violations & Fines

Warrick County Code § 92.99(B) makes cutting, digging up, or removing a county right-of-way without the required permit, security, or restoration under §§ 92.25 through 92.33 punishable by a fine of up to $2,500 for each offense. The County Commissioners can also draw on the posted surety bond, letter of credit, or cash deposit to cover restoration costs the permittee failed to complete.

Frequently Asked Questions

Do I need a permit to dig in the county right-of-way in Warrick County?
Yes. Warrick County Code § 92.25 requires a permit from the county before anyone digs up, cuts, restricts, closes, or removes any part of a county street, highway, or right-of-way, including a sidewalk. The permit is issued by the County Commissioners once the application, $250 fee, and required security are in place.
How much does a right-of-way cut permit cost in Warrick County?
Section 92.27(B) sets a $250 fee for each separate location you dig up, cut, or remove, and you also have to post security under § 92.29, either a bond, letter of credit, or a cash deposit of at least $500 to guarantee restoration.
Can a utility company skip the permit for an emergency repair?
Only temporarily. Section 92.26 lets a utility act first when it must preserve life or property, inspect, or repair in an emergency, but the utility still must obtain the required permit on the first working day after the work begins.
What is the penalty for cutting the right-of-way without a permit?
Warrick County Code § 92.99(B) sets a fine of up to $2,500 for each offense for violating §§ 92.25 through 92.33, which covers the permit, application, security, and restoration requirements for right-of-way work.

Sources & Official References

Other rules in Warrick County

All Warrick County rules

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