Sellersburg staff outline tighter right-of-way permit rules, higher fines and resident-notice requirements

Town of Sellersburg staff on May 26 presented a package of proposed changes to the town’s right-of-way permitting process intended to strengthen enforcement and reduce utility-related damage to town infrastructure. The presentation outlined stop-work orders for violations, escalating fines, mandatory resident notification and stricter verification when trenches or crossings approach water or sewer mains.

Charlie, a town staff member leading the discussion, said the town is seeing multiple fiber and utility companies operating in the right-of-way and needs clearer permit standards. “We are in the midst of a whole lot of fiber companies coming through town,” Charlie said, and the additions are meant to give the town legal tools to manage work in the right-of-way and hold contractors accountable.

Key elements staff proposed include: authority to issue stop-work orders and impose a $500 fine on a second violation (and potential permit revocation for repeated violations); a 14-day requirement that permit holders notify affected residents before starting work; mandatory visual verification (hand digging or hydro-excavation) before crossing water, sewer or storm infrastructure and a 72-hour town response window to assist in locating utilities; a required 18-inch clearance between new installations and Sellersburg-owned mains; and a restoration standard that would require flowable fill to subgrade, a 4-inch concrete cap and a 2-inch hot-mix asphalt surface to reduce settlement.

Staff also proposed a fee schedule for enforcement, including a $1,000-per-event penalty for failing to verify crossings. Charlie said the town will ask its legal staff to confirm what is legally enforceable under state law before codifying work-hour restrictions and other provisions.

During public comment, resident Charlie Pierce, who gave an address at 9108 Highway 60, raised several concerns about notice to residents and the meeting’s public-comment procedures. Pierce asked whether residents would receive the $100-per-parcel penalty mentioned in the draft and criticized the visible-timer setup for public comments. “I just wonder when y’all are going to admit that you’re violating our First Amendment rights to free speech and start allowing public comments again,” Pierce said during his turn.

Council members asked technical questions about when concrete caps are required versus asphalt and how to handle seasonal limitations when hot-mix asphalt is unavailable. Staff responded that restoration standards depend on cut depth and compaction, and that temporary cold patch work must be replaced with hot-mix asphalt when conditions permit.

No vote was taken on the right-of-way changes; staff said the items were presented for discussion and asked for legal review on enforceability. The council did not adopt the proposed ordinance amendments at the meeting; further review and potential revisions were expected before formal action.