CURB CUTS FOR DRIVEWAYS

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

in effect

Indianapolis-Marion County Revised Code § 645-421 Permit required; enforcement.

Sec. 645-421. - Permit required; enforcement. (a) It shall be unlawful for any abutting owner to alter, remove or cut any grassplot, sidewalk, the pavement of the street or the curb adjacent thereto, or to excavate in a street, for the purpose of locating or constructing any private or commercial driveway or roadway for vehicles to cross over such grassplot or sidewalk and to afford access to his or her premises, without first obtaining a permit therefor from the division of construction and business services of the department of business and neighborhood services. (b) A violation of this section is subject to the enforcement procedures and penalties provided in section 103-3 of this Code; provided, however, the fine imposed for such violation shall not be less than one hundred dollars ($100.00), and each day that an offense continues shall constitute a separate violation. The controller shall cause any fines collected under this section to be deposited into an account for the use and benefit of the division of construction and business services. (Code 1975, § 28-139; G.O. 168, 1999, § 19; G.O. 15, 2001, § 103; G.O. 3, 2002, § 23; G.O. 63, 2009, § 68; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-422 Temporary driveways.

Sec. 645-422. - Temporary driveways. A temporary driveway for use in connection with the removal or construction of buildings and excavations, or other work thereon, shall be permitted at any place in such manner and for such length of time as may be authorized by the division of construction and business services of the department of business and neighborhood services. (Code 1975, § 28-140; G.O. 15, 2001, § 103; G.O. 3, 2002, § 23; G.O. 63, 2009, § 68; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-423 Construction standards generally.

Sec. 645-423. - Construction standards generally. Work subject to this division shall be governed in all applicable respects by and under the same procedure and conditions in this article and chapter which apply to sidewalks and to excavations. (Code 1975, § 28-141)

Indianapolis-Marion County Revised Code § 645-424 Allocation of costs.

Sec. 645-424. - Allocation of costs. Unless otherwise ordered by the board of public works, all costs for constructing or any other work done on any driveway subject to this division shall be paid directly by the person owning or controlling the premises so served by it. (Code 1975, § 28-142; G.O. 15, 2001, § 104)

Indianapolis-Marion County Revised Code § 645-425 Obstruction of sidewalk or drainage.

Sec. 645-425. - Obstruction of sidewalk or drainage. No driveway subject to this division shall be so constructed as to cause any hazard at any time to persons using the sidewalk crossing over it, or to prevent free and unobstructed passage over or across the sidewalk, or to interfere with the proper drainage and grade of the street. (Code 1975, § 28-143)

Indianapolis-Marion County Revised Code § 645-426 Maintenance of driveway.

Sec. 645-426. - Maintenance of driveway. A driveway subject to this division shall be maintained at all times by the person to whom the permit required by this division was issued, or his successor in title thereto, in a well-paved and proper and reasonably safe state of repair. (Code 1975, § 28-144)

Indianapolis-Marion County Revised Code § 645-427 Voidance of permit upon change of use or application for building permit for adjacent premises.

Sec. 645-427. - Voidance of permit upon change of use or application for building permit for adjacent premises. (a) A permit granted pursuant to this division for the cutting of a curb, grassplot or sidewalk adjacent to any street for the purpose of locating or constructing any private or commercial driveway or roadway for vehicles to cross over any grassplot or sidewalk or to afford access to adjacent premises shall automatically terminate upon a change in the business usage of the premises, regardless of how slight or minor the change may be. Also, upon the application of any person for a building permit upon any portion of adjacent premises to which access is allowed by virtue of the permit issued pursuant to this division for a curb cut, such permit shall automatically terminate at the time of application for the building permit. (b) The change of business usage or upon the application for a building permit, and the subsequent termination of a curb cut permit, as provided in subsection (a) shall subject the person owning or using the adjacent premises to the penalties for violation of this division just as though no permit had been issued for the curb, grassplot or sidewalk cut. (c) In the event the person owning or using such premises at the time of the change in business usage or at the time of the application for a building permit, or the new owner or lessee, if any, shall immediately petition the division of construction and business services of the department of business and neighborhood services for approval to retain the permit issued pursuant to this division, and the person complies with the decision or orders of the division of construction and business services regarding modification, change, alteration or elimination of the existing curb, grassplot or sidewalk cut, such person shall not be in violation of this division. (Code 1975, § 28-145; G.O. 15, 2001, § 105; G.O. 3, 2002, § 24; G.O. 63, 2009, § 69; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-428 Restoration upon abandonment.

Sec. 645-428. - Restoration upon abandonment. (a) When any private or commercial driveway or roadway has been abandoned or is no longer used for a driveway or roadway, the division of construction and business services of the department of business and neighborhood services may order any owner or owners of real estate abutting such driveway or such roadway to restore, construct or reconstruct any grassplot or sidewalk, or the pavement of the street or the curb adjacent thereto, which has been altered, removed or cut for the purpose of locating or constructing the private or commercial driveway or the roadway to at least as good condition as the grassplots, sidewalks, street pavements and curbs adjoining such driveway or the roadway. The division of construction and business services shall mail a written notice of the order to the owner or owners at their last and usual places of residence that are known to the board or, if no such places of residence are known, to the address of the real estate abutting the driveway or the roadway. Within sixty (60) days after the mailing of such notice or within such longer time as may be stated in the notice, the owner shall complete all work required by the order in accordance with the provisions of this section, and failure to do so shall constitute a violation of this division. (b) Should the restoration, construction or reconstruction ordered pursuant to subsection (a) not be completed within the time required, the division of construction and business services may request such restoration, construction or reconstruction to be done by the department of public works or by contract, and the entire cost thereof, together with such additional charge as may be made by the division of construction and business services, in an amount provided in section 131-501 of the Code, may be collected by action therefor against the owner or owners; or the board, in lieu of and in addition thereto, may file and certify the cost and charges to the controller, who shall file a statement thereof with the county treasurer, who shall place such charges upon the tax duplicate, whereupon it shall constitute a lien upon the real estate and be charged and statements rendered therefor and be collected the same as taxes. No notice of any such charge so assessed shall be required, but each such person so liable shall be chargeable with notice thereof, as shown by the public tax and other records. (Code 1975, § 28-146; G.O. 15, 2001, § 105; G.O. 3, 2002, § 24; G.O. 63, 2009, § 69; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 645-429 Violations.

Sec. 645-429. - Violations. If any driveway subject to this division is constructed, reconstructed, maintained or used contrary to any provision of this division, this Code or other city ordinance, or if it is not kept in good repair by any person chargeable with such duty, it shall constitute a violation of this Code. (Code 1975, § 28-147)

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_ARTIVCUCUEX_DIV2CUCUDRFetched: 10/27/2026