Permits Required for All Activities Affecting State Highways in Northeast Kentucky
Includes entrances, utility crossings, other right-of-way work
FLEMINGSBURG, Ky. (Feb. 23, 2022) – Got plans to build a house, advertise your business, or install new water lines along a state highway in this new year?
Before you do, check with the Kentucky Transportation Cabinet first to see if you need a permit.
As part of its directive to maintain Kentucky’s highway system, the Transportation Cabinet oversees the state law (KRS 177.106) that requires any individual, business, utility company, or governmental agency to file encroachment permits for access to state highways or to work on state right of way.
Common activities that need permits include building entrances off state roads – such as new or replacement driveways, farm or commercial access, and local road connections – installing utility lines over or under roads, adding or replacing drain pipes, tree trimming, surveying, and use of state roads for fairs, parades, and festivals. In addition, no signs are allowed on highway rights of way except for approved city and county welcome signs.
Encroaching upon a state road or right of way without a permit is illegal, as is placing objects on the right of way such as campers, vehicles, rocks, decorations, or other obstacles. Violators can be fined.
Engineering technicians in each of the Cabinet’s 12 highway districts are available to help answer questions and file permits about right-of-way use. If your activity affects a state highway or roadside in any way, check with them first.
In the northeast Kentucky counties of Bath, Boyd, Carter, Elliott, Fleming, Greenup, Lewis, Mason, Nicholas, and Rowan, contact Kentucky Department of Highways District 9 in Flemingsburg at (606) 845-2551, or toll-free (800) 817-2551. More information, as well as email contacts and permit applications, can be found at https://transportation.ky.gov/Permits.
There are no fees to file a permit, but engineered drawings, traffic impact studies, traffic control plans, insurance, or performance bonds might be required in certain circumstances. Highway district staff can advise.
The encroachment permit system is necessary to ensure state highways can be used and maintained safely, and that all highway traffic and adjoining landowners are protected.
Again, please check with Kentucky Department of Highways District 9 about permit requirements before engaging in activities that could affect state highways or rights of way.
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