reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 7 - Downgrading of Rail-Highway Crossing Protection › Section 7-2 - Submission of verified petition for the removal of automatic train-activated warning signals from rail-highway grade crossings

Current through July 10, 2024
Authority: IC
				  8-6-7.7-2;
				  IC
				  8-23-2-6
Affected: IC
				  8-6-7.7-1;
				  IC
				  8-6-7.7-2
Sec. 2.
Before any railroad carrier, party, person, association,
				  municipality, or private corporation (hereinafter "petitioner") removes any
				  automatic train-activated warning signals from a grade crossing (as defined by
				  IC
				  8-6-7.7-1
				  ), a verified petition (hereinafter "petition") requesting the consent of the
				  Indiana department of transportation (hereinafter "department") shall be
				  submitted to the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 7 - Downgrading of Rail-Highway Crossing Protection › Section 7-3 - Contents of the petition

Current through July 10, 2024
Authority: IC
				  8-6-7.7-2;
				  IC
				  8-23-2-6
Affected: IC
				  8-6-7.7-2
Sec. 3.
The petition shall be in the form designated by the
				  department and shall be verified by the petitioner.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 7 - Downgrading of Rail-Highway Crossing Protection › Section 7-4 - Service of petition upon interested parties

Current through July 10, 2024
Authority: IC
				  8-6-7.7-2;
				  IC
				  8-23-2-6
Affected: IC 4-21.5; IC
				  8-6-7.7-2
Sec. 4.
Petitioner shall, concurrrent with the filing of the
				  petition with the department, serve a copy of the petition upon the utility
				  consumer counselor's office and the local governing body.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 7 - Downgrading of Rail-Highway Crossing Protection › Section 7-5 - Decision; review

Current through July 10, 2024
Authority: IC
				  8-6-7.7-2;
				  IC
				  8-23-2-6
Affected: IC 4-21.5; IC
				  8-6-7.7-2
Sec. 5.
The department will decide whether to grant consent for the
				  removal of the automatic train-activated warning signals within one hundred
				  twenty (120) days of the petition's filing. The decision of the department with
				  respect to consent for the removal of automatic train-activated warning signals
				  shall be based upon the information contained in the petition, department
				  inspection of the crossing in question, applicable statutes and regulations,
				  and any other relevant information filed with the department. The petition will
				  be approved if the department determines that the grade crossing may be safely
				  utilized in the absence of automatic train-activated warning signals. Any
				  interested party desiring review of the department's decision on the petition
				  may petition for review under IC 4-21.5.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 7 - Downgrading of Rail-Highway Crossing Protection › Section 7-6 - Requests for public hearing

Current through July 10, 2024
Authority: IC
				  8-6-7.7-2;
				  IC
				  8-23-2-6
Affected: IC 4-21.5; IC
				  8-6-7.7-2
Sec. 6.
If an interested party requests a public hearing on the
				  petition at any time before the department has reached a decision, the
				  department will conduct such a hearing under the provisions of IC 4-21.5. If
				  such a hearing is requested, the one hundred twenty (120) day decision deadline
				  set in section 5 of this rule will be postponed until the hearing process is
				  complete.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 8 - Crossing Construction or Relocation › Section 8-1 - Submission of verified petition to establish, alter, or relocate a rail-highway grade crossing

Current through July 10, 2024
Authority: IC
				  8-6-1-7;
				  IC
				  8-6-1-9;
				  IC
				  8-23-2-6
Affected: IC 8-6-1
Sec. 1.
Before any railroad carrier, or any party, person,
				  association, municipality, or private corporation (hereinafter "petitioner")
				  constructs, alters, or relocates a rail-highway grade crossing, a verified
				  petition (hereinafter "petition") requesting the approval of the Indiana
				  department of transportation (hereinafter "department") shall be submitted to
				  the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 8 - Crossing Construction or Relocation › Section 8-2 - Contents of the petition

Current through July 10, 2024
Authority: IC
				  8-6-1-7;
				  IC
				  8-6-1-9;
				  IC
				  8-23-2-6
Affected: IC 8-6-1
Sec. 2.
The petition shall be in the form designated by the
				  department and shall be verified by the petitioner.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 8 - Crossing Construction or Relocation › Section 8-3 - Service of petition upon interested parties

Current through July 10, 2024
Authority: IC
				  8-6-1-7;
				  IC
				  8-6-1-9;
				  IC
				  8-23-2-6
Affected: IC 4-21.5; IC 8-6-1
Sec. 3.
Petitioner shall, concurrent with the filing of the petition
				  with the department, serve a copy of the petition upon the Indiana consumer
				  counselors' office and any other party of interest including but not limited to
				  the railroad and the local governing body.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 8 - Crossing Construction or Relocation › Section 8-4 - Decision; review

Current through July 10, 2024
Authority: IC
				  8-6-1-7;
				  IC
				  8-6-1-9;
				  IC
				  8-23-2-6
Affected: IC 4-21.5; IC 8-6-1
Sec. 4.
The department will decide whether to grant approval for the
				  construction, alteration, or relocation of a rail-highway grade crossing within
				  ninety (90) days of the petition's filing. Any interested party desiring review
				  of the department's decision on the petition may petition for review under IC
				  4-21.5.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 8 - Crossing Construction or Relocation › Section 8-5 - Requests for public hearing

Current through July 10, 2024
Authority: IC
				  8-6-1-7;
				  IC
				  8-6-1-9;
				  IC
				  8-23-2-6
Affected: IC 4-21.5; IC 8-6-1
Sec. 5.
If an interested party requests a public hearing on the
				  petition at any time before the department has reached a decision, the
				  department will conduct such a hearing under the provisions of IC 4-21.5. If
				  such a hearing is requested, the ninety (90) day decision deadline set in
				  section 4 of this rule will be postponed until the hearing process is
				  complete.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 8 - Crossing Construction or Relocation › Section 8-6 - Written notice of compliance

Current through July 10, 2024
Authority: IC
				  8-6-1-7;
				  IC
				  8-6-1-9;
				  IC
				  8-23-2-6
Affected: IC 8-6-1
Sec. 6.
Upon fulfillment of the provisions of the department's
				  order, the petitioner shall notify the department in writing that all
				  conditions have been complied with.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 9 - Filing of Railroad Operating Information › Section 9-1 - Submission of current operating rule book

Current through July 10, 2024
Authority: IC
				  8-3-1-1;
				  IC
				  8-9-1-1
Affected: IC
				  8-9-1-1
Sec. 1.
Any railroad operating or incorporated in Indiana shall
				  submit one (1) copy of its current operating rule book covering operations in
				  Indiana to the department of transportation ("department"). Rule books shall be
				  filed with the department within fifteen (15) days of their adoption or
				  amendment.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 9 - Filing of Railroad Operating Information › Section 9-2 - Submission of current operating timetables

Current through July 10, 2024
Authority: IC
				  8-3-1-1;
				  IC
				  8-3-1-18;
				  IC
				  8-3-1-21
Affected: IC
				  8-3-1-18;
				  IC
				  8-3-1-21
Sec. 2.
Any railroad operating or incorporated in Indiana shall
				  submit one (1) copy of its current operating timetable for any operations
				  within Indiana to the department. Timetables shall be filed with the department
				  within fifteen (15) days of their adoption or amendment.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 9 - Filing of Railroad Operating Information › Section 9-3 - Submission of bulletin orders and notices

Current through July 10, 2024
Authority: IC
				  8-3-1-1;
				  IC
				  8-3-1-18;
				  IC
				  8-3-1-21
Affected: IC
				  8-3-1-18;
				  IC
				  8-3-1-21
Sec. 3.
Any railroad operating or incorporated in Indiana shall
				  submit one (1) copy of any bulletin orders or employee notices that are issued
				  covering any aspect of operations in Indiana to the department. Bulletin orders
				  or employee notices shall be filed with the department within one (1) week of
				  the time that they are issued.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 10 - Opening and Closing Railroad Crossings › Section 10-2 - Criteria for abolishing a crossing

Current through July 10, 2024
Authority: IC
				  8-6-7.7-3.1;
				  IC
				  8-23-2-6
Affected: IC 8-6-7.7
Sec. 2.
Subject to the provisions of IC 8-6-7.7, a crossing may be
				  closed after making findings and conclusions which reflect consideration of all
				  the following factors, to the extent that same are relevant to the crossing
				  decision under consideration:
(1) The
				crossing is located where passenger train service operates at greater than ten
				(10) m.p.h. (FRA Accepted Track Classification). In cases where passenger
				service does not operate, this criteria is not applicable.
(2) The crossing is located in a rail line
				section with at least four (4) crossings within an urban area and three (3) at
				grade crossing within a rural area within a one (1) mile segment along the
				railroad corridor.
(3) The crossing
				has an accident prediction rate of two-hundredths (.02) or higher, as
				determined by the Federal Railroad Administration's (FRA) Accident Prediction
				methodology, as set forth in the Rail-Highway Crossing Resource Allocation
				Procedure, Third Edition, August 1987.
(4) The crossing has an average annual daily
				traffic (AADT) of five hundred (500) or less within rural areas or one thousand
				(1,000) or less within urbanized areas, where the traffic collection procedure
				is completed by guidance provided in the Federal Highway Administration's
				(FHWA) Traffic Monitoring Guide, Third Edition, February 1995. This requirement
				shall not be applicable when it refers to a nonmotorized public grade
				crossing.
(5) The posted or
				established speed limit on the road through the crossing exceeds ten (10)
				m.p.h. within one thousand (1,000) feet of the crossing. This requirement shall
				not be applicable when it refers to a nonmotorized public grade
				crossing.
(6) The crossing has more
				than ten (10) train movements per day which utilize the crossing.
(7) The crossing is located where freight
				train service operates at greater than twenty-five (25) m.p.h. (Class 2 FRA
				track classification or higher).
(8) The crossing has, at a minimum, a
				standard crossbuck or a standard crossbuck with flasher or other activated
				warning device.
(9) The roadway
				approach to the crossing is skewed or the physical characteristics of the
				crossing otherwise limit the ability to traverse the crossing in a safe
				manner.
(10) If the crossing is
				utilized by the following types of vehicles, then the use by such vehicles
				should be considered in determining whether a crossing stays open or is closed.
				The presence or lack of presence of any of the following types of vehicles may
				not solely be responsible for closure or nonclosure of a crossing:
(A) Trucks carrying hazardous
				materials.
(B) Vehicles carrying
				passengers for hire.
(C) School
				buses.
(D) Emergency
				vehicles.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 6 - GENERAL PROVISIONS FOR HIGHWAYS › Rule 1 - Real Estate Speculation by Employees Prohibited › Section 1-1 - Real estate speculation prohibited

Current through July 10, 2024
Authority: IC 8-9.5-4-8; IC 8-13-1-6
Affected: IC 8-9.5-4; IC 8-13-1-11
Sec. 1.
BE IT RESOLVED (1) that it is the policy of this Commission
				  that officials, agents or employees thereof, shall not speculate in the
				  purchase of real estate in the State of Indiana, where such real estate is or
				  may be involved in the building programs of the Indiana State or Federal
				  Highways; (2) that if any official, agent or employee of this Commission shall
				  directly or indirectly, acting singly or in concert with others, acquire any
				  interest for speculative purposes in real estate in the State of Indiana of any
				  kind or character which real estate is or may be involved in the manner
				  aforesaid, such acquisition shall constitute (cause) for dismissal.
Transferred from Department of Highways ( 120 IAC 1-1-1 )
					 to Indiana Department of Transportation ( 105 IAC 6-1-1 ) by P.L. 112-1989,
					 SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 6 - GENERAL PROVISIONS FOR HIGHWAYS › Rule 2 - Licensing of Contractors › Section 2-1 - Local licenses for commission contractors not required

Current through July 10, 2024
Authority: IC 8-9.5-4-8; IC 8-13-1-6
Affected: IC 8-9.5-4
Sec. 1.
WHEREAS, the Indiana State Highway Commission performs
				  contract work on State highways in various cities, towns, and counties
				  throughout the State, and
WHEREAS, all contractors who perform contract work for the
				  Indiana State Highway Commission are required to be pre-qualified and to
				  conform to definite specification requirements in the construction of such
				  work, and
WHEREAS, all work performed is given careful inspection by
				  the Indiana State Highway Commission to insure compliance with the plans and
				  specifications,
NOW THEREFORE BE IT RESOLVED, that, said contract work
				  including, but not limited to the licensing of electricians, plumbers, and
				  demolition workers engaged in Indiana State Highway Commission contract work on
				  the State Highway System shall not be required to obtain local
				  license.
Transferred from Department of Highways ( 120 IAC 1-2-1 )
					 to Indiana Department of Transportation ( 105 IAC 6-2-1 ) by P.L. 112-1989,
					 SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-1 - Purpose of rule

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 1.
The department is authorized to determine and establish such
				  requirements and restrictions for driveway approaches as may be necessary to
				  provide for the drainage of the highway, preservation of the highway, and the
				  safety and convenience of traffic on the highway. A written permit application
				  shall be considered by the department and, if in accordance with properly
				  established regulations and requirements, a permit shall be granted subject to
				  appropriate conditions and provisions contained therein. All work on the permit
				  shall be performed to the satisfaction of the department.
NOTE: Transferred from Department of Highways (
					 120 IAC
					 2-1-1 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-1 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC 8-23-2-6; IC 9-21-19-2
Affected: IC 8-23-20
Sec. 2.
The following definitions apply throughout this rule, 105 IAC
				  7-1.5, and 105 IAC 7-2:
(1) "Access"
				means a location that:
(A) allows vehicular or
				pedestrian traffic to cross the highway right-of-way line; and
(B) is positioned at the connection of a
				driveway with the approach at the right-of-way line.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-3 - Classification of approaches

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 3.
All approaches shall be divided into five (5) classes as
				  follows:
CLASS I. Private Approach-Raised curb used.
CLASS II. Private Approach-Flush shoulder only, no raised
				  curb.
CLASS III. Commercial Approach-Raised curb used.
CLASS IV. Commercial Approach-Flush shoulder only, no raised
				  curb.
CLASS V. Field Approach-Either raised curb or flush shoulder.
Transferred from Department of Highways (
					 120 IAC
					 2-1-3 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-3 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-4 - Types of permits; limited access, commercial and private driveways

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 4.
The driveway approach applications shall be designated and
				  defined as being one of the following types of permits: Limited access
				  driveway-Any change to an existing access, approach, and/or crossover or the
				  construction of a new access, approach and/or crossover along a purchased or
				  declared limited access highway.
Commercial major driveway-Any change to an existing access,
				  approach and/or crossover or the construction of a new access, approach and/or
				  crossover which connects the highway to private property used for commercial
				  purposes or to a public property and which attracts enough traffic to require
				  auxiliary lanes as determined by the department.
Commercial minor driveway-Any change to an existing access,
				  approach and/or crossover or the construction of a new access, approach and/or
				  crossover which connects the highway to private property used for commercial
				  purposes or to a public property and which does not attract enough traffic to
				  require auxiliary lanes as determined by the department.
Private driveway-Any change to an existing access, approach
				  and/or crossover or the construction of a new access, approach and/or crossover
				  that connects the highway to private property having a residence, barn, private
				  garage, and improved or unimproved condition and ordinarily used only by the
				  owner or occupant of the premises, guests and necessary service
				  vehicles.
Transferred from Department of Highways (
					 120
					 IAC 2-1-3.1 ) to Indiana Department of Transportation
					 ( 105 IAC 7-1-4 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-5 - Application for permit; form; fees

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 5.
Application to the department for a permit to construct any
				  approach connecting a driveway with any department highway or highway
				  right-of-way, to cut any curb along a highway or to construct a crossover on a
				  highway shall be made on the form as prescribed by the department. The form and
				  accompanying documentation shall be submitted containing as many copies as may
				  be prescribed by the department. Reasonable fees for processing driveway
				  permits may be established by appropriate department action.
Transferred from Department of Highways (
					 120 IAC
					 2-1-4 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-5 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-6 - New application; when required

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 6.
Relocation, alteration, or remodeling of an access, approach
				  and/or crossover, or any change in the character of the use of the access,
				  approach and/or crossover shall be considered the construction of a new access,
				  approach or crossover and an application for a permit shall be required. The
				  granting or denial of such application shall be governed by the same
				  regulations and judged by the same standards as an application for a permit for
				  a wholly new access, approach and/or crossover.
The application shall include immediately proposed and future
				  work affecting all locations of access to the applicant's property and adjacent
				  parcels in which an interest is held by the applicant.
Transferred from Department of Highways (
					 120 IAC
					 2-1-5 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-6 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-7 - Parties to application; evidence of title

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 7.
(a) All
				applications for permits under this section shall be made in the name of the
				owner of the fee simple title. All persons having any interest in the land,
				including mortgagees, lessees, optionors, lien holders, and holders of other
				encumbrances shall join with the fee simple holder in the application. All such
				persons shall join in the application, shall sign and consent to the conditions
				of the application, and shall be bound equally thereafter by the conditions of
				the permit, which may be issued to the permittee.
(b) Title evidence shall be furnished to
				support the signatures for driveway permit applications in the following areas:
(1) All commercial driveway permit
				applications except those applications involving an existing access with no
				proposed change in access, use, or character.
(2) Private driveway permit applications
				including field access approaches in areas along highways covered by limited
				access resolutions or on sections of state routes in the biennial highway
				improvement program.
All other allowable evidence will be at the discretion of the
				  department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-8 - Statement of purpose and adjacent parcels

Current through July 10, 2024
Authority: IC 8-9.5-4-8; IC 8-13-1-6; IC 8-13-2-9
Affected: IC 9-21-19
Sec. 8.
APPLICATION-PURPOSE OF ACCESS DISCLOSURE OF INTENDED USE FOR
				  OR WITH ADJACENT PARCELS. All applications for permits shall disclose the
				  present and proposed use of the parcel for which access is requested. Any
				  intended use of the access in conjunction with any adjacent parcel, whether
				  owned by applicants or by others, or to be purchased or sold by the applicant
				  or others, shall be disclosed in the application. All adjacent parcels owned or
				  controlled by the applicants, whether intended to be used in conjunction with
				  the requested access or nor shall be disclosed in the application. These
				  disclosures are required to ensure the public a safe and convenient means of
				  travel consistent with the right of the adjoining landowner to have access as
				  provided by law.
Transferred from Department of Highways (
					 120
					 IAC 2-1-7 ) to Indiana Department of Transportation (
					 105 IAC 7-1-8 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-9.1 - Developments; preliminary notification; when required

Current through July 10, 2024
Authority: IC 8-23-2-6; IC 9-21-19-2
Affected: IC 8-23-2-6
Sec. 9.1.
An application for a permit for a development must be
				  accompanied by a preliminary notification as provided under
				  105 IAC
				  7-1.5-2 if:
(1) the development meets the preliminary
				warrants for a traffic impact analysis study as provided under
				105 IAC
				7-1.5-1(a)  unless the requirement is
				waived in writing by the department; or
(2) preliminary notification is required by
				the department under
				105 IAC
				7-1.5-1(b).
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-9.2 - Developments; traffic studies; when required

Current through July 10, 2024
Authority: IC 8-23-2-6; IC 9-21-19-2
Affected: IC 8-23-2-6
Sec. 9.2.
Permits for developments for which a preliminary notification
				  is required under
				  105 IAC
				  7-1.5-1 will not be approved unless the requirements
				  of 105 IAC 7-1.5 relating to traffic impact analysis and traffic operations
				  analysis studies are met.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-10 - Construction and materials standards

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 10.
All construction and materials used within the highway
				  right-of-way must conform to the current Indiana state highway "standard
				  specifications" which shall be kept on file at the offices of the
				  department.
Transferred from Department of Highways (
					 120 IAC
					 2-1-9 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-10 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-11 - Standards and design requirements

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 11.
All applications shall be filed in accordance with the
				  standards and design requirements of the department. The permittee shall agree
				  to perform all work on the right-of-way in accordance with such standards and
				  design requirements of the department.
Transferred from Department of Highways (
					 120 IAC
					 2-1-10 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-11 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-12 - Commercial applications; attestation

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 12.
All applications for commercial purposes shall be signed by
				  a registered professional engineer, a registered architect, and/or registered
				  land surveyor, attesting that the applications as proposed, conform with all
				  department regulations, specifications and standards, except as shall be noted
				  in such attestation.
Transferred from Department of Highways (
					 120 IAC
					 2-1-11 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-12 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-13 - Land use and zoning approval

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 13.
Approval of a permit application shall be subject to the
				  permittee obtaining all necessary approvals involving land use from the zoning
				  board plan commission, and/or local governmental authorities, and shall comply
				  with all applicable laws. The issuance of any permit shall in no way imply
				  department approval of, or be intended to influence any action pending before
				  any local board, commission or agency.
Transferred from Department of Highways (
					 120 IAC
					 2-1-12 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-13 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-14 - Performance bonds

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 14.
The department shall require a performance bond to be filed
				  with each application for a commercial driveway showing the applicant as
				  principal in a minimum amount of five thousand ($5,000) dollars or in an amount
				  as spcifically set by appropriate department action. Such amount shall be
				  increased in any application to equal the estimated cost of that part of the
				  project on the department's right-of-way. The department may also require an
				  adequate bond to be filed in any noncommercial application. Such bonds are
				  required to insure compliance with all terms of the permit and shall in case of
				  noncompliance, provide in addition to any damages suffered thereby, all witness
				  and court costs in collecting the same, together with any attorney's fee
				  reasonably due, and shall be released only when the work described on the
				  permit has been completed to the satisfaction of the department.
Transferred from Department of Highways (
					 120 IAC
					 2-1-13 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-14 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-15 - Crossovers

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 15.
Permits for private or commercial crossovers will not be
				  approved unless the applicant can prove to the satisfaction of the department
				  that the location of the crossover will not be detrimental to the safety of the
				  travelling public. The minimum recommended distance between crossovers is four
				  hundred (400) feet.
Transferred from Department of Highways (
					 120 IAC
					 2-1-14 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-15 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-16 - Adjacent tapers

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 16.
Where the taper of a proposed driveway will create hazardous
				  and erratic traffic movements because of its proximity to an adjacent similar
				  taper, the entire area between said tapers must be paved thus forming a
				  continuous full lane between the approaches of which said tapers are a part.
Transferred from Department of Highways (
					 120 IAC
					 2-1-15 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-16 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-17 - Sight distances

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 17.
All approaches shall be located so as to provide adequate
				  sight distance in both directions along the highway for safe access to the
				  highway without interfering with traffic. Under substandard visibility
				  conditions as determined and set by the department, access may be granted for
				  an alternate location that offers the least hazard and interference with
				  traffic.
Transferred from Department of Highways (
					 120 IAC
					 2-1-16 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-17 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-18 - Interference with traffic control devices

Current through July 10, 2024
Authority: IC 8-9.5-4-8; IC 8-13-1-6; IC 8-13-2-9
Affected: IC 9-21-19
Sec. 18.
LOCATION-TRAFFIC DEVICES. No entrance or approach shall be
				  located or constructed so as to interfere with or prevent the proper location
				  of necessary highway signs or other traffic control devices.
Transferred from Department of Highways (
					 120
					 IAC 2-1-17 ) to Indiana Department of Transportation (
					 105 IAC 7-1-18 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-19 - Drainage requirements

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 19.
All improvements authorized by the permit shall not
				  interfere with drainage of the street or highway, nor cause additional area to
				  drain onto the right-of-way unless specifically acknowledged and allowed by the
				  permit, nor shall such improvements be constructed so as to cause drainage onto
				  the roadway.
Transferred from Department of Highways (
					 120 IAC
					 2-1-19 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-19 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-20 - Authorization to proceed; objections

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 4-21.5-3-2; IC 8-23-20
Sec. 20.
(a) Upon
				receipt of a permit issued by the department, the permittee is authorized to
				proceed with the work covered by the permit, subject to the conditions imposed
				by the department.
(b) Any
				objection to the conditions and provisions of an approved permit must be
				submitted in writing to the department within fifteen (15) days from the issue
				date of the permit, subject to the specific time computation provisions in IC
				4-21.5-3-2.
(c) The permit does not
				apply to any highway right-of-way that is closed for construction purposes,
				except as allowed by provision in the permit, nor to any county roads or city
				streets.
NOTE: Transferred from Department of Highways (
					 120 IAC
					 2-1-20 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-20 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-21 - Inspections; revocation of permit

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 21.
An inspection may be conducted at any time by the department
				  and a final inspection of the permit shall be conducted upon completion of
				  construction. The work covered by the permit does not comply until found to be
				  in accordance with the plans and specifications filed in the application as
				  amended by the department, together with any special conditions noted therein,
				  and approved by the department. The permittee shall adjust or stop operations
				  upon direction of any police officer or authorized department employee. The
				  permit may be revoked at any time by the department for non-compliance with any
				  and/or all provisions and conditions of said permit.
The permittee shall pay the department for any inspection
				  costs, including labor, vehicular milage
[sic.]
, and equipment
				  expenses when it is necessary to assign a department employee to inspect the
				  work. The permittee shall immediately reimburse the department upon receipt of
				  an itemized statement.
Transferred from Department of Highways (
					 120 IAC
					 2-1-21 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-21 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-22 - Noncompliance of permits without bonds

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 22.
On permits not covered by a bond, work performed that is
				  incomplete, improperly performed, or otherwise does not follow the conditions
				  or provisions of the permit shall be designated as "Does Not Comply". The
				  department shall follow procedures for corrective action, beginning with the
				  notice action stated in
				  105 IAC
				  7-2-4(2). Permit applications for
				  existing approaches that are denied by the department shall be corrected by
				  entering the same procedure in
				  105 IAC
				  7-2-4(2).
NOTE: Transferred from Department of Highways (
					 120
					 IAC 2-1-21.5 ) to Indiana Department of Transportation
					 ( 105 IAC 7-1-22 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-23 - "Limitation of access" instrument

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 23.
The permittee shall sign a copy of a "limitation of access"
				  instrument, if so required by the department as a condition of the permit. The
				  department shall immediately cause said limitation of access instrument to be
				  recorded in the appropriate county.
Transferred from Department of Highways (
					 120
					 IAC 2-1-22 ) to Indiana Department of Transportation (
					 105 IAC 7-1-23 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-24 - Notice of start of construction

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 24.
The permittee shall notify the department's sub-district
				  office five (5) working days prior to the start of any work activity on the
				  highway right-of-way, of the date such work will commence. The permittee shall
				  notify the department's sub-district office prior to completion of all work on
				  the highway right-of-way of the anticipated date such work will be
				  complete.
Transferred from Department of Highways (
					 120 IAC
					 2-1-23 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-24 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-25 - Traffic control

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 25.
The permittee shall erect and maintain all necessary traffic
				  control signs, barricades, detour signs, and other traffic control devices
				  required to safely direct traffic over or around the part of the highway where
				  permitted operations are to be done in accordance with the construction and
				  maintenance section of the Indiana manual on uniform traffic control devices.
				  Disruption to traffic shall be kept to a minimum and shall require approval of
				  the department prior to beginning other work activities on the right-of-way.
Transferred from Department of Highways (
					 120 IAC
					 2-1-23.5 ) to Indiana Department of Transportation (
					 105 IAC 7-1-25 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-26 - Prohibited hours of work

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 26.
The permitted work shall not be performed on the highway
				  right-of-way between sunset and sunrise, unless specifically allowed by special
				  provision to the permit. The permitted work shall not be performed on the
				  highway right-of-way during the period beginning at 12:00 noon on the last
				  weekday preceding and continuing until sunrise on the following: New Year's
				  Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
Transferred from Department of Highways (
					 120 IAC
					 2-1-23.6 ) to Indiana Department of Transportation (
					 105 IAC 7-1-26 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-27 - Display of permit

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 27.
The permittee shall have the permit complete with drawings
				  and special provisions on the job site at all times and will show said permit,
				  on demand, to any police officer or department employee.
Transferred from Department of Highways (
					 120 IAC
					 2-1-24 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-27 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-28 - Term of permit; extension; cancellation

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 28.
All work on highway right-of-way authorized by a permit must
				  be completed within one (1) year after the permit is issued; otherwise, the
				  permit will be cancelled unless an extension is requested, in writing, by the
				  permittee, and is approved by the department. The time extension shall not
				  exceed more than one (1) year beyond the original expiration date unless
				  approved otherwise by the department. If a permit is cancelled, a new
				  application must be submitted and approved before the proposed work can begin.
				  Once construction authorized by the permit is initiated it must be completed
				  within thirty (30) days, unless otherwise expressly approved as a special
				  condition.
Transferred from Department of Highways (
					 120
					 IAC 2-1-25 ) to Indiana Department of Transportation (
					 105 IAC 7-1-28 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-29 - Liability during construction

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 29.
The permittee shall assume all responsibility (during the
				  time from the beginning of the work covered by any permit until final approval
				  for the work) and shall furthermore be obligated to save harmless the state for
				  any and all injury, loss or damage occasioned to or by persons or property
				  resulting directly or indirectly from such work; the department shall, in its
				  discretion, require the permittee to provide liability and indemnity insurance
				  for the use and benefit of the state of Indiana.
Transferred from Department of Highways (
					 120 IAC
					 2-1-26 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-29 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-30 - Interference with structures on right-of-way

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 30.
The work authorized by the permit shall not interfere with
				  any existing structure on any department right-of-way without specific
				  permission in writing from the department or other owner thereof. Any structure
				  or traffic control device affected by the proposed construction shall be
				  relocated at the permittee's expense as directed. In the event that any
				  buildings, railings, traffic control devices, or other structures are damaged,
				  said cost of the removal and/or of repair due to damage shall be at the
				  permittee's expense as directed.
Transferred from Department of Highways (
					 120
					 IAC 2-1-27 ) to Indiana Department of Transportation (
					 105 IAC 7-1-30 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-31 - Encroachment by advertising signs

Current through July 10, 2024
Authority: IC 8-9.5-4-8; IC 8-13-1-6; IC 8-13-2-9
Affected: IC 9-21-19
Sec. 31.
PERMIT-ENCROACHMENT OF UNLAWFUL SIGNS. The permittee shall
				  not erect or maintain any advertising sign on or over the right-of-way or any
				  portion thereof in violation of any law.
Transferred from Department of Highways (
					 120 IAC
					 2-1-28 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-31 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-32 - Change in existing access; subject to new rules

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 32.
Any person, who by law, has an existing legal right of access
				  to a state highway shall as a condition of the issuance of any permit and in
				  consideration of the same, agree that such rights of access, then existing or
				  granted thereafter with respect to such real estate are subject to this rule as
				  the same may from time to time be amended by the department.
NOTE: Transferred from Department of Highways (
					 120
					 IAC 2-1-29 ) to Indiana Department of Transportation (
					 105 IAC 7-1-32 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1 - Applications; Standards; Designs › Section 1-33 - Severability of rule

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 33.
If any provision of this rule or the application thereof to
				  any person or circumstances is invalid, such invalidity shall not affect the
				  other provisions or usage of this rule, which can be given effect without the
				  invalid provision or usage, and to this end, the provisions of this rule are
				  declared to be severable.
NOTE: Transferred from Department of Highways (
					 120 IAC
					 2-1-30 ) to Indiana Department of Transportation ( 105
					 IAC 7-1-33 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.