reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 5. Local Participation in Interstate Airports › 8-22-5-3. Powers of Political Subdivisions of State in Air Navigation Facilities of Adjoining State

Sec. 3. The governing body of any political subdivision of Indiana may acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, landing fields, or other air navigation facilities in an adjoining state if the statutes of the adjoining state permit that action, subject to statutes, rules, and regulations of the adjoining state applicable to its own political subdivisions in aeronautical projects, but subject to Indiana law in matters relating to the financing of such projects. The aeronautics commission of Indiana must approve the acquisition and establishment of an airport or landing field in an adjoining state before the acquisition or establishment.
[Pre-Local Government Recodification Citation: 19-6-4-4.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 5. Local Participation in Interstate Airports › 8-22-5-4. Reciprocity

Sec. 4. This chapter does not apply unless the statutes of the adjoining state permit political subdivisions of Indiana to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and otherwise control airports, landing fields, or other air navigation facilities in that state, with all privileges, rights, and duties applicable to the political subdivisions of the adjoining state in aeronautical projects, including all tax privileges and immunities, the power of eminent domain as to property not devoted to public use, and the power jointly with political subdivisions of adjoining states to acquire, establish, construct, own, control, lease, equip, improve, maintain and operate airports, landing fields, or other air navigation facilities.
[Pre-Local Government Recodification Citation: 19-6-4-5.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-8. "Abandonment"

Sec. 8. "Abandonment" means the cessation of use of right-of-way activity upon a site with no intention to reclaim or use the site again for highway purposes.
As added by P.L.18-1990, SEC.166.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-9. "Adjacent Area"

Sec. 9. "Adjacent area" means an area that is adjacent to and within six hundred sixty (660) feet of the nearest edge of the right-of-way of an interstate or primary highway.
As added by P.L.18-1990, SEC.167.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-13. "Authority"

Sec. 13. "Authority" refers to the Indiana finance authority established by IC 5-1.2-3.
As added by P.L.18-1990, SEC.171. Amended by P.L.235-2005, SEC.121; P.L.189-2018, SEC.103.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-14. "Automobile Graveyard"

Sec. 14. "Automobile graveyard" means an establishment or place of business that is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
As added by P.L.18-1990, SEC.172.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-14.3. "Changeable Message Sign"

Sec. 14.3. (a) "Changeable message sign" means a sign that satisfies all of the following:
(1) The message on the sign may be changed mechanically, electronically, or by remote control.
(2) The static display on the face of the sign:
(A) does not display any copy or message that moves, appears to move, or flashes; and
(B) lasts at least eight (8) seconds.
(3) A message change takes no more than two (2) seconds.
(b) The term includes electronic billboards and trimovement signs.
As added by P.L.66-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-14.5. "Commerce Corridor"

Sec. 14.5. "Commerce corridor" means that part of a recognized system of highways that:
(1) directly facilitates intrastate, interstate, or international commerce and travel;
(2) enhances economic vitality and international competitiveness; or
(3) provides service to all parts of Indiana and the United States.
As added by P.L.87-1991, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-16. "County Arterial Highway System"

Sec. 16. "County arterial highway system" means a system of highways designated by the county highway authority as having the greatest general importance to the county and for which responsibility is assigned to the county highway authority.
As added by P.L.18-1990, SEC.174.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-17. "County Local Highway System"

Sec. 17. "County local highway system" means the roads and streets used primarily for access to residence, business, farm, or other abutting property and for which responsibility is assigned to the county highway authority.
As added by P.L.18-1990, SEC.175.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-18. "Curb"

Sec. 18. "Curb" means a stone or row of stones, or a similar construction of concrete or other material, along the margin of a roadway as a limit to the roadway and a restraint upon and protection to the adjoining sidewalk space.
As added by P.L.18-1990, SEC.176.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-20. "Directional and Other Official Signs and Notices"

Sec. 20. "Directional and other official signs and notices" includes signs and notices pertaining to natural, scenic, and historical attractions that are required or authorized by law and conform to the national standards adopted by the United States Secretary of Commerce under 23 U.S.C. 131(c).
As added by P.L.18-1990, SEC.178.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-20.5. "Electronic Billboard"

Sec. 20.5. "Electronic billboard" means a programmable sign capable of presenting a large amount of:
(1) text;
(2) symbolic imagery; or
(3) both text and symbolic imagery.
As added by P.L.66-2007, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-21. "Erect"

Sec. 21. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way bring into being or establish. The term does not include an activity performed as an incident to the change of an advertising message or normal maintenance or repair of a sign structure.
As added by P.L.18-1990, SEC.179.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-22. "Executive"

Sec. 22. "Executive" has the meaning set forth in IC 36-1-2-5. However, for a consolidated city, the term means the city-county council.
As added by P.L.18-1990, SEC.180.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-22.5. "Extraordinary Cost"

Sec. 22.5. "Extraordinary cost" means the cost to a utility to relocate existing facilities that is either:
(1) more than ten percent (10%) of the total operating revenue received by the utility during the utility's most recent full fiscal year; or
(2) more than fifty percent (50%) of the total estimated cost of a proposed highway or bridge construction or improvement project.
As added by P.L.63-1992, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-23. "Highway, Street, or Road"

Sec. 23. "Highway, street, or road" means a public way for purposes of vehicular traffic, including the entire area within the right-of-way. However, the term does not include a highway for purposes of IC 8-2.1.
As added by P.L.18-1990, SEC.181.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-24. "Information Center"

Sec. 24. "Information center" means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within Indiana and providing other information that the department considers desirable.
As added by P.L.18-1990, SEC.182.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-25. "Interstate System"

Sec. 25. "Interstate system" means the part of the national system of interstate and defense highways located within Indiana as officially designated by the department and approved by the United States Secretary of Commerce under 23 U.S.C.
As added by P.L.18-1990, SEC.183.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-26. "Junk"

Sec. 26. "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles or automobile parts, iron, steel, and other old scrap ferrous or nonferrous material.
As added by P.L.18-1990, SEC.184.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-27. "Junkyard"

Sec. 27. "Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The term includes garbage dumps and sanitary fills. The term does not include a scrap metal processing facility.
As added by P.L.18-1990, SEC.185.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-28. "Limited Access Facility"

Sec. 28. "Limited access facility" means a highway or street designed for through traffic, over, from, or to which owners or occupiers of abutting land or other persons have either no right or easement or a limited right or easement of direct access, light, air, or view because their property abuts upon the limited access facility or for any other reason. The highways or streets may be parkways from which trucks, busses, and other commercial vehicles are excluded or freeways open to use by all customary forms of highway and street traffic.
As added by P.L.18-1990, SEC.186.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-30. "Main-Traveled Way"

Sec. 30. "Main-traveled way" means the traveled way of a highway on which through traffic is carried. For a divided highway, the term includes the traveled way of each of the separated roadways for traffic in opposite directions. The term does not include frontage roads, turning roadways, or parking areas.
As added by P.L.18-1990, SEC.188.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-31. "Municipal Arterial Street System"

Sec. 31. "Municipal arterial street system" means a system of arterial streets and highways designated by the municipal street authority as having the greatest importance to the municipality and for which responsibility is assigned to the municipal street authority.
As added by P.L.18-1990, SEC.189.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-32. "Municipal Local Street System"

Sec. 32. "Municipal local street system" means roads and streets used primarily for access to residence, business, or other abutting property and for which responsibility is assigned to the municipal street authority.
As added by P.L.18-1990, SEC.190.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-33. "Primary System"

Sec. 33. "Primary system" means the part of connected main highways as officially designated by the department and approved by the United States Secretary of Commerce under 23 U.S.C.
As added by P.L.18-1990, SEC.191.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-36. "Scrap Metal Processing Facility"

Sec. 36. "Scrap metal processing facility" means an establishment having facilities for processing iron, steel, or nonferrous metal and whose principal product is scrap iron, steel, or scrap for sale for remelting purposes only.
As added by P.L.18-1990, SEC.194.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-38. "Sign"

Sec. 38. "Sign" means an outdoor sign, display, device, notice, bulletin, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designated, intended, or used to advertise or inform.
As added by P.L.18-1990, SEC.196.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-39. "State Aid Director"

Sec. 39. "State aid director" refers to the chief administrative officer of the office of the department that administers programs of state and federal aid to local units of government, or the officer's designee.
As added by P.L.18-1990, SEC.197.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-40. "State Highway System"

Sec. 40. "State highway system" means the system of highways and streets that are of general economic importance to Indiana as a whole and for which responsibility is assigned to the department.
As added by P.L.18-1990, SEC.198.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-40.5. "Substantial Completion"

Sec. 40.5. "Substantial completion" refers to the date, as determined by the department, when the construction of the contract is sufficiently completed in accordance with the plans and specifications, as modified by any change orders, so that the construction can be used for its intended purpose.
As added by P.L.117-1995, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-42.5. "Trimovement Sign"

Sec. 42.5. "Trimovement sign" means a sign that displays three (3) separate images sequentially by rotating triangular cylinders.
As added by P.L.66-2007, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-43. "Unzoned Commercial or Industrial Area"

Sec. 43. (a) "Unzoned commercial or industrial area" means an adjacent area not zoned under state or local statute, rule, or ordinance on which there is located one (1) or more permanent structures for commercial or industrial activities other than a sign or upon which a commercial or an industrial activity is actually conducted, whether or not there is a permanent structure located upon the adjacent area, and the area:
(1) extending six hundred (600) feet beyond the edge of the commercial or industrial activity as determined under subsection (c); and
(2) located along either side of an interstate or a primary highway.
The term does not include land contiguous to an interstate or a primary highway that has been designated as scenic by the state.
(b) The term does not include the following areas:
(1) Within three hundred (300) feet of a building used primarily as a residence, unless the owner of the building consents in writing to the particular commercial use.
(2) Within five hundred (500) feet of the following:
(A) A public park garden.
(B) A recreation area or forest preserve.
(C) A church or school.
(D) An officially designated historic battlefield, museum, or historical monument.
(E) A safety rest or recreation area, publicly owned, controlled, and maintained under 23 U.S.C. 319.
(F) A sanitary or other facility for the accommodation of motorists, publicly owned, controlled, and maintained under 23 U.S.C. 319.
(3) Within seven hundred fifty (750) feet of a strip of land in which an interest has been acquired by the state for the restoration, preservation, or enhancement of scenic beauty that is publicly controlled and maintained under 23 U.S.C. 319.
(c) Distance from a commercial or an industrial activity described under subsection (a):
(1) must be:
(A) measured from the outer edges of the regularly used building, parking lot, storage areas, or processing areas of the commercial or industrial activity; and
(B) parallel to the edge of the pavement of the highway; and
(2) may not be measured from the property line of the commercial or industrial activity, unless the property line is located on an area described in subdivision (1)(A).
As added by P.L.18-1990, SEC.201. Amended by P.L.61-1996, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-44. "Urban Area"

Sec. 44. "Urban area" means:
(1) an urbanized area designated by the Bureau of the Census;
(2) if an urbanized area lies within more than one (1) state, the part of the area that lies within the boundaries of Indiana; or
(3) an urban place designated by the Bureau of the Census having a population of at least five thousand (5,000) that is not within an urbanized area and is within boundaries cooperatively established by the department and local officials.
As added by P.L.18-1990, SEC.202.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-45. "Visible"

Sec. 45. "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity using the highway system.
As added by P.L.18-1990, SEC.203.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-46. "Work Program"

Sec. 46. "Work program" means a schedule of steps to be followed in implementing a transportation plan, including the following:
(1) A description of the sequence of steps.
(2) The time limit within which each step is to be completed.
(3) The product of each step.
(4) The staff and resources required.
As added by P.L.18-1990, SEC.204.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 1. Definitions › 8-23-1-47. "Zoned Commercial or Industrial Areas"

Sec. 47. "Zoned commercial or industrial areas" means those areas that are zoned for business, industry, commerce, or trade under a zoning ordinance.
As added by P.L.18-1990, SEC.205.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-2. Commissioner; Appointment; Compensation

Sec. 2. (a) The governor shall appoint a commissioner who is responsible for organizing and administering the department.
(b) The commissioner:
(1) serves at the pleasure of the governor; and
(2) is entitled to receive compensation set by the budget agency.
As added by P.L.112-1989, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-4. Repealed

As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990, SEC.206; P.L.34-1990, SEC.3. Repealed by P.L.1-1991, SEC.82.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-4.1. Department Responsibilities; Activities

Sec. 4.1. The department is responsible for the following activities:
(1) The identification, development, coordination, and implementation of the state's transportation policies.
(2) The approval of applications for federal transportation grants from funds allocated to the state:
(A) from the Highway Trust Fund (23 U.S.C.);
(B) from the Aviation Trust Fund (49 U.S.C.);
(C) through the Federal Transit Administration (49 U.S.C. 5301 et seq.); or
(D) from any other federal grant that has a transportation component.
(3) The review, revision, adoption, and submission of budget proposals.
(4) The construction, reconstruction, improvement, maintenance, and repair of:
(A) state highways;
(B) a toll road project or toll bridge in accordance with a contract or lease entered into with the Indiana finance authority under IC 8-9.5-8-7 or IC 8-9.5-8-8; and
(C) a railroad project, as defined in IC 8-5-15-1, in accordance with an authorization provided to the department by the board of trustees of a commuter transportation district under IC 8-5-15-5(a)(21).
(5) The administration of programs as required by law, including the following:
(A) IC 8-3-1 (railroads).
(B) IC 8-3-1.5 (rail preservation).
(C) IC 8-21-1 (aeronautics).
(D) IC 8-21-9 (airports).
(E) IC 8-21-11 (aviation development program).
As added by P.L.1-1991, SEC.83. Amended by P.L.14-2003, SEC.1; P.L.235-2005, SEC.122; P.L.108-2019, SEC.156.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-5.5. Coordinated Use of Public Rights-of-Way; Sharing of Information; Adoption of Rules

Sec. 5.5. (a) The department shall develop a program to coordinate the efficient and cost effective use of public rights-of-way by the department and utilities when the department undertakes an infrastructure improvement project.
(b) A program developed under subsection (a) may require the department and utilities to share the following information:
(1) Active construction and excavation permits.
(2) Locations of existing utility facilities.
(3) Short and long term project schedules.
(c) The department may adopt rules under IC 4-22-2 to implement this section.
As added by P.L.133-2013, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-6.5. Abandonment of Facility Constructed or Installed in Right-of-Way

Sec. 6.5. The department may require a private entity to agree, as a condition of the department leasing a right-of-way to the private entity, that facilities constructed or installed by the private entity in or under the right-of-way, which if removed would:
(1) cause irreparable soil disturbance; or
(2) have a detrimental effect on the department's facilities or on the facilities of other utilities co-located in the right-of-way;
will be considered abandoned without additional consideration upon notice to the department. The private entity shall notify in writing the department of any abandonment not later than sixty (60) days after abandonment. Upon being abandoned under this section, a facility may no longer be used for any purpose by any public or private entity.
As added by P.L.121-2021, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-9. References to Certain Transportation Agencies as References to Department of Transportation

Sec. 9. After June 30, 1989, any reference to:
(1) the transportation coordinating board (IC 8-9.5-2-1, repealed);
(2) the transportation planning office (IC 8-9.5-3-1, repealed);
(3) the department of highways (IC 8-9.5-4-2, repealed); and
(4) the department of transportation (IC 8-9.5-5-2, repealed);
in any statute or rule shall be treated as a reference to the Indiana department of transportation, as established by this article.
As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.76.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-10. Preexisting Rules of Certain Transportation Agencies as Rules of Department of Transportation

Sec. 10. Any rules of:
(1) the transportation coordinating board (IC 8-9.5-2-1, repealed);
(2) the transportation planning office (IC 8-9.5-3-1, repealed);
(3) the department of highways (IC 8-9.5-4-2, repealed); and
(4) the department of transportation (IC 8-9.5-5-2, repealed);
filed with the secretary of state before July 1, 1989, shall be treated after June 30, 1989, as though they had been adopted by the Indiana department of transportation established by this article.
As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.77.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-11. Application of Section; Surplus Property; Trust Bid

Sec. 11. (a) This section applies to the disposal of surplus real or personal property by the department.
(b) Whenever surplus real property or personal property is disposed of by acceptance of bids, a bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
As added by P.L.336-1989(ss), SEC.22.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-12. Engineers and Land Surveyors; Contracts; Compensation

Sec. 12. A contract for professional services of engineers or land surveyors may be made on the basis of competence and qualifications for the type of services to be performed. Compensation that the department determines to be reasonable may be negotiated.
As added by P.L.18-1990, SEC.209.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-12.5. "Contractor"; "Professional Services"; Liability of Contractors

Sec. 12.5. (a) As used in this section, "contractor" refers to a person who provides professional services under a contract with the department.
(b) As used in this section, "professional services" refers to engineering, architectural, or surveying services.
(c) Notwithstanding any provision of IC 26-2-5-1 to the contrary, the department may not require a contractor to assume any liability or indemnify the state for any amount greater than the degree of fault of the contractor.
(d) Any contractual provision in conflict with the prohibitions contained in subsection (c) is void and unenforceable.
As added by P.L.50-2008, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-13. Notaries Public; Costs and Expenses; Powers

Sec. 13. (a) The department shall determine the number of its employees appointed notaries public and pay the expense of appointment, the premiums on the official bond of the notaries, and the cost of official seals. An employee of the state appointed a notary public may do the following:
(1) Take acknowledgments of deeds, contracts, grants, and other documents to or in which the state or a state agency is a party to or has an interest.
(2) Administer oaths to a person to a document, claim, statement, or other document to be filed with the state or a state agency.
(b) A notary public appointed under this section may not charge for the service.
As added by P.L.18-1990, SEC.210.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-14. Extension of Engineering Services and Testing Facilities to Counties and Municipalities; Reimbursement

Sec. 14. The department may furnish on request of a county or municipality engineering service or consultation and extend the facilities of the department's testing laboratory for the testing of highway construction and maintenance materials or for any other highway purpose. When those services are rendered by the department, the county or municipality requesting and receiving the services shall reimburse the department to the extent of the actual cost of the service including salaries or personal services. When payment is made to the department by the county or municipality, the department shall receipt the payments into the accounts or appropriations from which the expenditures were made by the department in providing those services.
As added by P.L.18-1990, SEC.211.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-15. "Highway Worksite"; Off Duty Police Officers Patrolling Highway Worksites

Sec. 15. (a) As used in this section, "highway worksite" means an area where:
(1) highway construction, reconstruction, or maintenance is actually occurring; and
(2) notice is posted indicating that the highway worksite is a specific area designated with signage on the highway.
(b) The department may contract with the state police department or local law enforcement agencies to hire off duty police officers to patrol highway worksites. The duties of a police officer who is hired under this section:
(1) are limited to those duties that the police officer normally performs while on active duty; and
(2) do not include the duties of a:
(A) flagman; or
(B) security officer.
(c) The department shall use the money transferred to the department under IC 33-37-9-4(a)(6) to pay the costs of hiring off duty police officers to perform the duties described in subsection (b).
(d) All money transferred to the department under IC 33-37-9-4(a)(6) is annually appropriated to pay off duty police officers to perform the duties described in subsection (b).
As added by P.L.64-1992, SEC.1. Amended by P.L.4-1994, SEC.2; P.L.132-2003, SEC.1; P.L.98-2004, SEC.76; P.L.217-2014, SEC.5; P.L.120-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-17. Public Hearings

Sec. 17. (a) As used in this section, "public hearing" means an assembly or a meeting by the department for the purpose of:
(1) providing information early in the process of making decisions affecting proposed highway or bridge construction or improvement projects on a county arterial highway system or the state highway system so that the public can have an impact on the decision outcome, including a meeting in which the public is provided information, opportunity for review and comment, and an accounting for the rationale for a proposed project; or
(2) complying with 23 U.S.C. 128 and 49 U.S.C. 5323(b) requirements in considering economic, social, environmental, and other effects of highway projects and proposals.
(b) Whenever the department holds a public hearing, the department shall allow any person an opportunity to be heard in the presence of others who are present to testify and in accordance with subsection (c).
(c) The department, through the commissioner or the commissioner's designee, may limit testimony at a public hearing to a reasonable time stated at the opening of the public hearing.
As added by P.L.52-1995, SEC.3. Amended by P.L.7-2015, SEC.23.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-18. Nursery Stock and Wildflower Seed Sales

Sec. 18. (a) This section does not apply to the following:
(1) The sale or distribution of nursery stock or wildflower seeds to the following:
(A) An individual who resides in Indiana.
(B) A governmental entity.
(C) A nonprofit organization or an educational institution.
(D) An agricultural research program.
(2) The exchange of nursery stock or wildflower seeds with a person or an entity.
(b) As used in this section, "nursery stock" has the meaning set forth in IC 14-8-2-184(1).
(c) The department may not sell or distribute nursery stock or wildflower seeds to the following:
(1) An individual who resides in a state other than Indiana, unless the individual:
(A) owns land in Indiana; and
(B) submits an affidavit that affirms that the nursery stock or wildflower seeds will be planted in Indiana.
(2) A retail business that sells nursery stock or wildflower seeds.
(3) A wholesale business that sells nursery stock or wildflower seeds.
As added by P.L.82-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-19. Road and Bridge Condition Metrics; Prioritization System; Budgetary Needs

Sec. 19. (a) The department shall:
(1) establish a single statewide set of state and local road and bridge condition metrics;
(2) use the metrics in subdivision (1) to:
(A) evaluate and compare state and local road and bridge conditions in local units within Indiana; and
(B) evaluate and compare Indiana's statewide road and bridge conditions to road and bridge conditions in states with similar climate, soil, and traffic conditions; and
(3) develop goals, timelines, and milestones to ensure that Indiana's state and local road and bridge conditions are in the top quarter of the states included in the comparison in subdivision (2).
(b) The department shall develop a state and local road and bridge project prioritization system and project priority list. The project prioritization system must be based on a model that includes at least the following variables:
(1) Safety.
(2) Congestion.
(3) Environment.
(4) Regional and state economic contribution.
(5) Potential intermodal connectivity.
(6) Total cost of ownership.
(c) The commissioner shall appoint two (2) economic professionals and two (2) engineering professionals to establish and administer the project prioritization system and model. The appointees:
(1) serve at the pleasure of the commissioner; and
(2) are entitled to compensation set by the budget agency.
(d) The department shall use the results of the model established under this section to determine short term and long term budgetary needs. The determination must achieve the following infrastructure goals:
(1) Preserve and maintain current infrastructure resources.
(2) Provide for projected mobility needs for movement of people and goods.
(e) The department may adjust the project priority list established under this section if the department determines that unforeseen circumstances require an adjustment.
(f) The general assembly may not approve or disapprove projects on the department's project priority list.
As added by P.L.218-2017, SEC.79.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 2. Indiana Department of Transportation › 8-23-2-20. Communications Infrastructure Located Before May 1, 2019, in Department's Rights-of-Way; Access Rate or Recurring Charge Prohibited

Sec. 20. (a) As used in this section, "communications infrastructure" includes all facilities and equipment used to provide communications service (as defined in IC 8-1-32.5-3).
(b) Except:
(1) for routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities; and
(2) as provided for in written agreements the department has entered into with service providers before May 1, 2019;
the department shall not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by the department.
As added by P.L.189-2019, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-1. Application of Chapter

Sec. 1. This chapter applies to the use of federal funds allocated to Indiana as follows:
(1) From the Highway Trust Fund (23 U.S.C.).
(2) From the Aviation Trust Fund (49 U.S.C.).
(3) Through the Urban Mass Transit Administration (49 U.S.C. 5301 et seq.).
(4) Other federal grants that have a transportation component.
As added by P.L.18-1990, SEC.212. Amended by P.L.7-2015, SEC.24.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-3. Departmental Approval of Grants

Sec. 3. An agency must submit to the department for the department's approval an application for a grant described in section 1 of this chapter.
As added by P.L.18-1990, SEC.212.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-4. Departmental Action on Grants

Sec. 4. The department shall do the following:
(1) Review as soon as possible all applications for grants described in section 1 of this chapter.
(2) Approve or disapprove those applications.
As added by P.L.18-1990, SEC.212.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-5. Duties of Agencies

Sec. 5. An agency shall do the following:
(1) Use a grant described in section 1 of this chapter only for the purposes set out and approved by the board in the grant application.
(2) Report to the department all expenditures from a grant described in section 1 of this chapter.
As added by P.L.18-1990, SEC.212.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-6. Allotment of Funds

Sec. 6. The budget agency shall only allot funds to an agency from a grant described in section 1 of this chapter for the purposes set out and approved by the department in the grant application.
As added by P.L.18-1990, SEC.212.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-7. Filing of Approved Grant Applications; Necessity of Compliance

Sec. 7. (a) Each political subdivision shall file with the department, at times prescribed by the department, copies of approved applications for grants described in section 1 of this chapter along with a copy of the grant approval letter.
(b) If a political subdivision does not comply with subsection (a) after the department has made reasonable attempts to reach an agreement with that political subdivision to obtain compliance, the department may order the auditor of state to withhold from that political subdivision the subdivision's allotted distribution of state motor fuel tax revenues. The auditor of state shall comply with the department's order.
(c) When compliance with subsection (a) is obtained, the auditor of state shall release all funds withheld under subsection (b) upon receipt of an order from the department.
As added by P.L.18-1990, SEC.212.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-8. Repealed

As added by P.L.18-1990, SEC.212. Amended by P.L.118-1995, SEC.1; P.L.173-2003, SEC.13; P.L.153-2014, SEC.16; P.L.165-2021, SEC.132. Repealed by P.L.201-2023, SEC.114.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-10. Federal Aid Highways Need; Investigation

Sec. 10. (a) Investigations conducted by the department to determine the reasonably anticipated future need for federal aid highways and state highways may include the following:
(1) Traffic surveys.
(2) The study of transportation facilities.
(3) Research concerning the development of the regions of Indiana and contiguous territory, including the effects of growth and changes in population and economic activity.
(4) The collection and review of data relating to factors that affect the judicious planning of the construction, improvement, and maintenance of highways.
(b) An investigation conducted under subsection (a) may interrupt and stop traffic if necessary.
(c) An investigation conducted under subsection (a) may be conducted in cooperation with counties, municipalities, metropolitan planning organizations, the United States, other states, government agencies, or other persons.
(d) The department may enter into an agreement with an entity described in subsection (c) to conduct an investigation under subsection (a).
As added by P.L.81-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 3. Federal Transportation Funds › 8-23-3-11. Deposit of Revenue in Grant Anticipation Fund

Sec. 11. Notwithstanding any other provision of this chapter, if grant anticipation revenue bonds or notes have been issued under IC 8-14.5-7, the department shall collect or cause to be collected federal highway revenues (as defined in IC 8-14.5-7-2) and shall, as provided by the department in the revenue declaration relating to the issuance of the grant anticipation revenue bonds or notes, deposit or cause to be deposited the specified part of the federal highway revenues in the grant anticipation fund.
As added by P.L.246-2005, SEC.85.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-1. Highway and Street Systems of State

Sec. 1. The highway and street system of Indiana consists of the following:
(1) The state highway system.
(2) A county arterial highway system in each county.
(3) A county local highway system in each county.
(4) A municipal arterial street system in each municipality.
(5) A municipal local street system in each municipality.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-2. State Highway System; Designation; Composition; Selection Criteria; Classification

Sec. 2. (a) The state highway system shall be designated by the department. The total extent of the state highway system may not exceed twelve thousand (12,000) miles. The state highway system consists of the principal arterial highways in Indiana and includes the following:
(1) A highway to the seat of government in each county.
(2) Connecting arteries and extensions through municipalities.
(b) In determining the highways or sections of highways that are a part of the state highway system, the department shall consider the following:
(1) The relative importance of each highway to county or municipal government.
(2) Existing business and land use.
(3) The development of natural resources, industry, and agriculture.
(4) The economic welfare of Indiana.
(5) The safety and convenience of highway users.
(6) The financial capacity of the state to reconstruct, construct, and maintain the highways selected to desirable standards.
(c) The state highway system shall be classified for purposes of management, establishment of standards, and priority for use of funds and resources. Classification of the system may conform to the department's designation of the state's federal aid system.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-3. County Arterial Highway Systems; Selection Criteria; Addition, Relocation, and Deletion

Sec. 3. (a) The county arterial highway system shall be selected by the county executive in each county. The system shall be selected on the basis of the greatest general importance to the county, after an evaluation of each road in the county, including municipal connecting links and the state highway system. In selecting the county system, the executive shall consider the following:
(1) The kind and amount of traffic on a highway.
(2) The length and condition of a highway.
(3) The mileage that can be effectively improved to specified standards with available funds.
(4) Any other applicable data.
The arterial highways selected by the executive under this section constitute the county arterial highway system of that county.
(b) The county executive may from time to time add, relocate, or delete highways from the county arterial highway system by following the procedure provided in subsection (a).
(c) If a highway or a segment of a highway is deleted from the county arterial highway system under subsection (b), the highway or segment may:
(1) become a part of the county local highway system;
(2) if located in a municipality, become a part of the system of major streets or local streets of the municipality, subject to agreement between the county executive and the highway authority of the municipality; or
(3) be abandoned.
(d) All roads under the jurisdiction of the county highway authorities of each county not included in a county arterial highway system constitute the county local highway system of that county.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-4. Municipal Arterial Street Systems; Selection Criteria; Addition, Relocation, and Deletion; Municipal Local Highway Systems

Sec. 4. (a) The agency responsible for highways in each municipality with a population of at least five thousand (5,000) shall select a system of arterial streets for the municipality. The system shall be selected on the basis of the greatest general importance to the municipality after an evaluation of each highway in the municipality. The system may not include highways that are part of the state highway system. The system of arterial streets must connect focal points of traffic interest, provide communication with other communities and outlying areas and provide for the continuity of the county arterial highway system into or through the municipality. The agency shall use engineering standards in selecting the streets.
(b) The agency responsible for highways in each municipality with a population of less than five thousand (5,000) may limit streets selected for the arterial street system to extensions of the county arterial street system or the municipal arterial street system of adjoining municipalities into or through the municipality.
(c) The system of arterial streets selected by an agency under subsection (a) or (b) constitutes the municipal arterial street system of that municipality.
(d) The agency responsible for highways in a municipality may from time to time add, relocate, or delete highways from the municipal arterial highway system by following the procedure provided in subsection (a) or (b).
(e) If a highway or a segment of a highway is deleted from the municipal arterial highway system under subsection (d), it may:
(1) become a part of the municipal local highway system; or
(2) be abandoned.
(f) All roads under the jurisdiction of the agency responsible for the municipal highways of each municipality not included in a municipal arterial highway system constitute the municipal local highway systems of that municipality.
As added by P.L.18-1990, SEC.213.