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Permanent structures or improvements cannot be located in the right-of-way or in any drainage and/or utility easement without an encroachment.


Consent of Encroachment

It is possible to ask the City for approval for an improvement to be located within a drainage and/or utility easement, the improvement needs to meet all development standards set forth in the respective dwelling district zoning ordinance, and needs to not impede the flow of water. Please understand that this does not speak to any covenants or commitments that may or may not be included in your subdivision, and even if a Consent of Encroachment is granted, the City could authorize at any time to work in the easement in such a way that would require the improvement or other structure in question to be removed at the owner's expense.


Encroachment License

Encroachment licenses are required when there is an inanimate object on, under, over or upon the City public right-of-way. If approved, the City gives permission to a property owner to utilize the public right-of-way for personal use. However, the following intrusions shall not be deemed to be an encroachment.

  • Motor vehicles, bicycles and similar devices that are regularly moved from place to place;
  • Landscaping for which a permit has been secured pursuant to Chapter 701 of this Code;
  • Temporary signs advertising the sale of real estate that comply with zoning restrictions;
  • Pipes, conduits, wires, fiber optic lines, antennae, poles, ducts and other like fixtures and appurtenances that are owned and used by a public utility and that are used in connection with transmitting, receiving, distributing, offering and providing utility services and that are registered in accordance with Chapter 645 of this Code; and other like fixtures and appurtenances that are owned by the landowner and are used to receive utility services from a public utility or from the City of Indianapolis.


Cafe Encroachment