OVERHEAD AND SUBSURFACE USES

Indianapolis-Marion County Revised Code tit. III, ch. 645, art. V, div. 2

in effect

Indianapolis-Marion County Revised Code § 645-541 Applicability of state statutes.

Sec. 645-541. - Applicability of state statutes. All relevant provisions of state statutes authorizing and regulating any private use made or continued in connection with public improvements, or otherwise, are hereby adopted and are to be applied and used as a part of this division by this reference thereto. (Code 1975, § 28-222)

Indianapolis-Marion County Revised Code § 645-542 Permit required.

Sec. 645-542. - Permit required. No person shall hereafter use or change, for private purposes, any space on, over or underneath the surface of any public street, sidewalk or other public place in the city; or construct or maintain any structure thereon, bridge thereover, or tunnel thereunder; or disturb the sidewalk, curb or roadway on a public way; or use the space beneath any public way for the purpose of constructing, reconstructing, extending or maintaining any vault, cellar, areaway, structure, coalhole, trapdoor, stairway, elevator or other opening; or install or use any appurtenances thereto; without first obtaining a permit therefor from the division of construction and business services of the department of business and neighborhood services. (Code 1975, § 28-223; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-543 Permit not to be issued for permanent obstructions.

Sec. 645-543. - Permit not to be issued for permanent obstructions. (a) No person shall build or place, or cause or permit to be built or placed, any stand, window, stairway, porch or other structure or obstruction of that type, designed for private use or business purposes, which extends into, over or on the street and sidewalk adjoining such premises, and which is owned or controlled and used by him, when such structure is permanent in character and occupies or uses any portion of the surface of the street. (b) Any existing structure or obstruction prohibited by subsection (a) shall be removed when so ordered by the city, or the city may remove it at the expense of the owner. (c) All applications for permits required by this division to build any structure of the type prohibited by subsection (a) shall be refused and rejected by the division of construction and business services of the department of business and neighborhood services. Temporary structures on the streets may be so located for special occasions and uses when permitted by the division, subject to removal at any time on its order. (Code 1975, § 28-224; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-544 Application for permit; approval.

Sec. 645-544. - Application for permit; approval. An application for a permit required by this division shall be accompanied by any plans and specifications required by the division of construction and business services of the department of business and neighborhood services and by a sketch or diagram showing the gross measurements of the vault, bridge, tunnel or other structure to be constructed or changed, together with all openings in and uses of the surface over the proposed use and any other proposed changes in the existing use of the street to public place. The sketch or diagram and any plans and specifications shall be approved by the division before a permit is issued or any such work is commenced. (Code 1975, § 28-225; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-545 Bond.

Sec. 645-545. - Bond. (a) Each applicant for a permit required by this division shall file with his or her application a public liability bond in the minimum sum of five thousand dollars ($5,000.00) for injury to one (1) person, fifty thousand dollars ($50,000.00) for injuries to more than one (1) person, and two thousand dollars ($2,000.00) for damage to property, with surety to be approved by the division of construction and business services of the department of business and neighborhood services. (b) The surety on the bond required by subsection (a), if a natural person, shall own property in the aggregate value, over and above all encumbrances thereon, of twice the sum fixed in the bond. (c) The bond shall be duly executed and shall be conditioned upon the agreement that the person to whom the permit is issued and his or her heirs, personal representatives, successors or assigns will save and keep the city free and harmless from any and all loss, damage, claims, demands, judgments and expenses arising from or out of the granting or use of such permit, or the construction or use of the space, structure, bridge, tunnel, vault, coalhole, trapdoor, stairway, elevator or other opening therein, or of any other structure or use maintained in connection therewith, and that the permittee will at all times maintain the public way or place, including the sidewalk over any such space or opening, as the case may be, and all structures built by him, in such condition that the public way or place and such structures at all times during the construction or repairs, or after any of the things aforesaid are completed, or such space is so used, will be maintained by him or her in good condition and repair and safe for public traffic and use; conditioned further for the prompt vacation and removal of any of the things so constructed and used, as authorized by the permit, and the restoration of such sidewalk and street, upon thirty (30) days' notice from the division of construction and business services, whenever in the opinion of the division and unless otherwise inhibited by statute, it shall be necessary or advisable to have the use or any portion thereof vacated or removed in order to conserve the public safety or welfare, or to provide for the use of the space or any portion thereof for any public purpose, or for the use of any public utilities, or because of the construction of railway lines, wires or tracks, or of a subway or elevated structure for transportation purposes either on, under, over or adjacent to the public way or public place in which any privately used space or structure is located, or for the purpose of constructing, reconstructing, moving, erecting or maintaining any sewer, drain, conduit, pipe, tube, pole, wire, structure or other similar use because of the construction of such a subway, or elevated structure, or for any public use or any other public utility purposes; and conditioned further that the bond will be renewed and kept in full effect, with an approved surety, and a certificate of such fact kept on file with the division of construction and business services, so long as any private uses and structures are continued, and for the faithful performance and observance of all the terms and conditions of the permit and bond and of the various sections of this division and all other provisions of this Code and state law relating thereto. (d) The bond required by subsection (a), if and when placed of record in the office of the county recorder, or respecting any person with actual notice thereof, shall constitute a covenant running with the land, and it shall be deemed and construed to include all the aforesaid conditions, regardless of their inclusion in or omission from the text of any such bond. (e) Whenever the division of construction and business services determines that the sureties on any bond given pursuant to this section have become insufficient and so notifies the holder of the permit or his or her successor, a new bond for the permit shall be filed, or new sureties substituted, to be approved by the division. Unless so filed within the time fixed by the division, the permit shall be revoked and all uses and rights thereunder shall be terminated. (Code 1975, § 28-226; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-546 Restrictions on permits for subsurface uses.

Sec. 645-546. - Restrictions on permits for subsurface uses. No permit required by this division shall be issued for the private use by any person of any space under the surface of the roadway and between the curblines of any improved public way or public place; such spaces shall be reserved exclusively for any necessary use of any such space by public utilities or public authorities. Any such existing uses under any roadways in the city may be vacated and removed by order of the division of construction and business services of the department of business and neighborhood services, whenever in its discretion the public safety and welfare so require. (Code 1975, § 28-227; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-547 Exception to restriction.

Sec. 645-547. - Exception to restriction. Notwithstanding the provisions of sections 645-512 or 645-546, the division of construction and business services of the department of business and neighborhood services may permit Ogden Martin Systems of Indianapolis, Inc., to establish a steam line within the public right-of-way on Harding Street from one thousand (1,000) feet south of Raymond Street to Kentucky Avenue. (Code 1975, § 28-227.1; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-548 Permit fees.

Sec. 645-548. - Permit fees. Fees for a permit required by this division shall be based upon the character of the use and the number of cubic feet occupied by the vault, space or other structure located on, under or above the surface of the public way or public place for which a permit is to be issued, and shall be determined as uniformly as practicable by the director of business and neighborhood services, varying from a minimum fee of five dollars ($5.00) for the issuance of each permit, plus additional fees varying from a minimum of ten dollars ($10.00) to a maximum of two hundred dollars ($200.00). The board of business and neighborhood services may fix such fees in each instance, or may adopt a general schedule for the various classes of fees, based upon engineering and construction costs in the city for similar kinds of work. No additional permit fees shall be charged, except where a new permit is required for the use of additional space, for minor alterations in the construction of or changes in any structure, coalhole, elevator or other opening, or variations in the plans, but not affecting the surface of the way, which were not enumerated in the original permit, if the board of business and neighborhood services approves such changes and waives further fees, or where the party to whom the original permit was issued has transferred his or her interest to another party as provided in this division. In case of such a transfer, however, the purchaser of the interest shall pay to the division of construction and business services an additional five dollars ($5.00) for the issuance of a transfer of the permit. (Code 1975, § 28-228; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-549 Rights not to vest under permit.

Sec. 645-549. - Rights not to vest under permit. Except as may be otherwise specifically provided by law, no permit issued pursuant to this division for any purpose or use, acquired at any time, shall be vested in any person by the permit or otherwise, but all thereof shall be subject to the continuing control of the city under its police powers, regardless of when or how any such use originated. (Code 1975, § 28-229)

Indianapolis-Marion County Revised Code § 645-550 Transferability of permit.

Sec. 645-550. - Transferability of permit. No permit required by this division shall be issued, transferred or assigned, except as provided by this division or as otherwise provided by law. (Code 1975, § 28-230)

Indianapolis-Marion County Revised Code § 645-551 Direction and approval of board of public works.

Sec. 645-551. - Direction and approval of board of public works. The number, location, size, construction, maintenance, reconstruction and repair of all coalholes, trapdoors, vaults, cellars, stairways, elevators or other openings, or any other kind of structure or use on, over or under any portion of the public ways of the city shall at all times be carried out under the directions and subject to the approval of the board of public works, acting through the director of public works. (Code 1975, § 28-231; G.O. 15, 2001, § 114)

Indianapolis-Marion County Revised Code § 645-552 Abatement of unauthorized uses.

Sec. 645-552. - Abatement of unauthorized uses. If any person using any space on, over or underneath any public way or place for any private purpose shall fail to obtain a permit required by this division for any alterations or changes in such use, and to conform with the permit and the provisions of this Code and all statutes thereon, the board of public works shall proceed summarily to abate and remove any such structures or uses, and shall close or restore any such spaces that had been so used, for which use no vested right had attached and accrued. (Code 1975, § 28-232; G.O. 15, 2001, § 114)

Indianapolis-Marion County Revised Code § 645-553 Revocation of permits.

Sec. 645-553. - Revocation of permits. (a) All permits issued pursuant to this division shall be at all times subject to revocation, in whole or in part, by the division of construction and business services of the department of business and neighborhood services, whenever the division, on its own motion or upon the recommendation of other city or state officials, shall consider it necessary or advisable to have any vault, space, opening or other use of any street authorized by any such permit, or any other use, to be removed and vacated in order to secure the public safety or so that it may be used for any public purpose, including uses by any public utilities, or because of the construction or maintenance of a subway or elevated structure for transportation purposes in, under or near the public way or public place in which the vault, space, opening, bridge or tunnel is located, or other use made of any street, or for the purpose of moving, constructing or maintaining rails, sewers, mains, conduits, pipes, tubes, wires, poles or other structures of any kind, because of the construction or maintenance of the subway or elevation for transportation purposes, or for any other public utility uses. (b) No permit shall be issued under this division, except under the condition and the agreement of the party to whom the permit is issued that the vault or space, wherever so located, or any portion thereof, and all or any appurtenances thereto, or any other uses so required to be used for such public purposes, shall be vacated and removed within thirty (30) days after the division shall have given notice of revocation of the permit to continue such prior and existing uses, and that in case such party fails to vacate the space, vault or other use, or such portions thereof as are specified in the notice, the division may revoke the further use and maintenance thereof and may cause the use to be vacated and removed and made secure, as ordered, at the expense of the party to whom the permit was issued, or it may enjoin and abate the use by appropriate action, and all expenses incurred or damages or judgments incurred or paid by the city, on account thereof shall be borne by such party and shall be paid to the city upon demand, or be recovered by action thereon. (c) If any person who has secured a permit pursuant to this division shall fail or neglect to comply with any of the terms of this division or this Code at any time, the permit may be revoked by the division or by the mayor, and it shall be revoked by the division in all cases, unless otherwise provided by law, where the division, in the exercise of its discretion, has determined that such revocation is proper or necessary for the public safety or welfare. (Code 1975, § 28-233; G.O. 15, 2001, § 114; G.O. 3, 2002, § 33; G.O. 63, 2009, § 76; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-554 Noxious and hazardous uses.

Sec. 645-554. - Noxious and hazardous uses. No cesspool or septic tank shall be constructed, located, maintained, used or operated under any public street or place in the city, nor shall any explosives, flammable oil or chemical, or other such dangerous substances be kept, stored or used for any purpose under any sidewalk or street or public place of the city, except with a permit therefor from the city, and unless the same is securely kept and used and any aperture or ventilating hole or opening kept securely covered at all times as provided by this division. Such things shall be subject at all times to the inspection, control and orders of all public officials having any such authority. (Code 1975, § 28-234)

Indianapolis-Marion County Revised Code § 645-555 Protection of underground utilities; restoration bond or deposit.

Sec. 645-555. - Protection of underground utilities; restoration bond or deposit. (a) No person shall use or alter the space under any sidewalk, street or public place in such a manner as to damage or interfere with any sewer, water pipe, conduit, wire or any other work or structure lawfully installed in the public way by any public authority or public utility, unless by the express consent of the division of construction and business services of the department of business and neighborhood services after consultation with the engineering division of the department of public works, and of any such utility, under the conditions prescribed by them. (b) No permit required by this division shall be granted until any utility affected has been notified and the applicant therefor has executed an approved indemnity bond or has paid to the division a sum of money that it deems sufficient to defray the cost and expense to the city and to any utilities affected by renewing, rebuilding, relocating or relaying all or any of such facilities so disturbed, and making the necessary connections therewith, if the holder of the permit fails to do so as approved by them. (c) Every person damaging, altering or disturbing any underground utilities shall restore them at his or her expense and within the time fixed by the division to such condition as they were in prior thereto and as will meet the approval of the division and of any such public utilities; and if and when so restored, the sum so paid to the division or any balance unused shall be refunded. If the permittee fails to restore such underground facilities, the division shall cause them to be restored in a manner meeting its approval and that of such utility and the cost thereof shall be paid out of the deposit. If such cost exceeds the deposit, the person shall pay forthwith to the city any such excess. (Code 1975, § 28-235; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-556 Procedure upon conveyance of premises.

Sec. 645-556. - Procedure upon conveyance of premises. (a) Any person to whom a permit has been issued pursuant to this division or who has given a bond for the occupation and use of space under, on or above any public way, place or sidewalk pursuant to a permit or a resolution of the division of construction and business services of the department of business and neighborhood services, and who has conveyed his or her interest in the premises for which the permit is issued, shall notify in writing the division of such conveyance, together with the name and address of the purchaser thereof. (b) Upon giving the notice required by subsection (a), the person or his or her successor may secure from the division of construction and business services, on the recommendation of the administrator as assigned by the deputy director of such division, a permit to remove or close up any coalhole, stairway, elevator, structure, bridge, tunnel, opening or any other use maintained on, below or above the sidewalk or public way, and to restore the place and public way to a condition similar to the balance of the sidewalk, street or public place in front of the premises. Upon completion of the work, subject to the approval of the division, all liability under the bond theretofore given by such person shall cease and determine, except as to any acts happening or causes of action accruing prior to or during the removal or closing of all such openings or structures. If, however, the purchaser shall pay the permit transfer fee provided for by this division and also shall execute a new bond conditioned as aforesaid, a permit may be issued to the purchaser covering the continued use of and changes in the permitted use specified in the original permit, and it shall not be necessary in such event for the person to whom the original permit was issued to close up the opening or to terminate the use, but the filing of the new bond and the securing of a new permit by the purchaser shall act as a release of the original permittee for any future liability under the bond originally given by him, in like manner as if the opening had been closed or other things had been done by him or her according to the approval of the and the division, except as to any causes of action accruing prior to the filing of such new bond. (c) A bond may not be required to be filed, in the discretion of the division of construction and business services, in cases where there are to be no further uses of any such structures and no openings of any kind are to be left and to remain in the sidewalk over the subsidewalk space, or where the vault used in connection with any opening does not exceed fifteen (15) feet in depth and the sidewalk over it is supported at all times as approved by the administrator as assigned by the deputy director of the division. (Code 1975, § 28-236; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-557 Substitution of permit and bond.

Sec. 645-557. - Substitution of permit and bond. Whenever any person holding a contract and permit issued pursuant to this division, which permit has been issued under the terms of any resolution of the board of public works previously in force, the conditions of which have been and are now being fully complied with, shall apply for a new permit under this division and shall desire to have the permit or contract previously entered into canceled, the division of construction and business services of the department of business and neighborhood services, upon issuing a new permit and approving a new bond, may cancel the old permit and bond as to any liability thereunder arising after the date of the issuance of the new permit and bond, but the prior contract and permit, and the bond given therewith, shall all remain in full force and effect as to all rights, obligations and liabilities accruing thereunder, including all amounts due the city for fees or anything else under the permit and bond up to the time of such cancellation. (Code 1975, § 28-237; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-558 Protection of openings.

Sec. 645-558. - Protection of openings. (a) Every opening for access to and use of any vault, coalhole, chute or other aperture that is made in the sidewalk over such subarea for the use of the premises, other than fixed gratings used only for light and air, shall be covered with a substantial, heavy iron lid or cover, having a rough surface and so placed, seated and maintained as to cover such opening and remain securely therein at all times when not removed for use of the area beneath. The entire construction of such coalholes, vaults and covers therefor shall be subject to the continued inspection, supervision and orders of the division of construction and business services of the department of business and neighborhood services so as to secure the safety of the public when passing over such covers and places. (b) No person shall remove or place and leave insecurely, or cause, procure or permit to be removed or to be insecurely placed or left, so that it can be moved in its flange or seat or so as to tilt when stepped upon, any cover of any coalhole, vault, chute or other opening in or under any public way or public place. However, nothing in this subsection shall prevent the owner or occupant of the building with which such coalhole, vault, chute or opening is connected from removing the cover at any time for the proper purpose and use of such opening, either for repairs thereto or for removing or delivering anything therein, in case he or she then encloses and guards the opening or aperture and keeps it enclosed and guarded with a strong box or barrier at least twenty-four (24) inches high, firmly and securely made, and also places and maintains lights, when dark, as required for work on streets. During deliveries of anything through such opening, or during repairs thereto, some person shall remain stationed thereat to safeguard the same at all times while the cover is removed, and unless there at all such times, the cover shall be replaced. (c) It shall be unlawful for any person owning or using any coalhole or vault, or any sidewalk lift, outside stairway, chute or other opening in any public sidewalk, to allow it to remain uncovered or opened, except while being repaired or while it is actually being used for the purpose of entrance or exit, or for the purpose of introducing or removing any article through such opening, and except while protected or guarded. (Code 1975, § 28-238; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-559 Remedial action for structural safety.

Sec. 645-559. - Remedial action for structural safety. Whenever any coalhole, vault, chute or elevator in or under any sidewalk, or any aperture constructed in any sidewalk for such use or any other purpose, is not covered or secured as required by this division or, in the opinion of the deputy director of the department of business and neighborhood services division of construction and business services, is unsafe or inconvenient for public travel; or when any other type of such structures referred to in this division, located on, beneath or over any public way or place, becomes unsafe, the division of construction and business services may order the opening to be placed in a safe condition as approved by it. If the repairs are not done within the time prescribed by such order, the division of construction and business services may refer the matter to the department of public works to make the repairs and changes or, if necessary, to remove the opening, and the expense thereof shall be charged against and collected from such owner or person in possession of the premises and of such appurtenances and accessories thereto. (Code 1975, § 28-239; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-560 Care of sidewalks.

Sec. 645-560. - Care of sidewalks. Every person using any portion of the space under any sidewalk shall at all times keep the sidewalk securely supported and in good condition and repair in any portions connected with the subsurface uses, and clear and free from all dirt, filth or other obstructions or encumbrances arising from such uses. All repairing and cleaning shall be done in accordance with the regulations of the board of public works or other city authorities, and the division of construction and business services of the department of business and neighborhood services may revoke the permit for failure to comply with any provision of this section. (Code 1975, § 28-240; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-561 Liability for damages.

Sec. 645-561. - Liability for damages. (a) The owner and the person in possession of the abutting premises in front of which a coalhole, vault or other structure or use subject to this division is constructed, and an opening therefor is made in the street or sidewalk, shall be held responsible to the city and all other persons for any and all damages, judgments and expenses resulting to the city or to other persons or property in consequence of any defect or other negligence in the construction, maintenance or use of such vault, coalhole or any other opening, structures or use, or for allowing the use, or any portion thereof, to become and remain out of repair or unsafe. The owner shall be required to keep the vault, coalhole or other opening, its walls, coverings and other parts and structures, in good order at all times, and upon his failure to do so, the city may do so and collect such cost from him. (b) The owner and the person in possession of any premises abutting on any coalhole, vault or other opening subject to this division shall be held responsible to the city for any and all damages, judgments, losses and expenses to the city, or which is so caused to other persons or property, in consequence of the aperture in the sidewalk being left exposed and uncovered, or the covering being defective or left unsafe, insecure or unfastened; or for any damages, judgments, losses and expenses resulting to the city or other persons from any other violation by such persons of any provisions of this division or Code. (Code 1975, § 28-241)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH645PURI-W_ARTVUSOCPUWA_DIV2OVSUUSFetched: 10/27/2026