Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-3 - Content of applications; incomplete applications; approval or denial of permits; effect of false or misleading information or repeated violation of permit terms

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 4-21.5; IC 8-23-20
Sec. 3.
(a) A
				separate application for a permit shall be made for each sign on a form
				furnished by the department or through the electronic permitting system. The
				application must be verified and include, at a minimum, the following
				information:
(1) The complete name and
				address of the applicant.
(2) The
				original signature of the applicant, unless the applicant is using the
				electronic permitting system.
(3)
				The proposed location of the sign.
(4) The complete legal name and address of
				the property owner, as well as an accurate and complete description of the
				specific property interest held by the property owner in that real estate (for
				example, fee simple, lessee, or easement holder).
(5) A statement of whether the sign is
				located within an incorporated municipality or within the municipality's
				extraterritorial jurisdiction.
(6)
				The original signature of the property owner or its authorized representative
				on the accompanying affidavit in form and substance satisfactory to the
				department, demonstrating a consent to:
(A)
				the erection of the sign; and
(B)
				the right of entry from time to time by employees or authorized agents of the
				department on the real estate where the sign is located for purposes of
				inspection or removal of the sign; and in lieu of the affidavit signed by the
				property owner contemplated by this subdivision, the applicant may execute and
				submit an affidavit in form and substance satisfactory to the department,
				representing to the department:
(i) that the
				applicant made a reasonable request to obtain the executed affidavit from the
				property owner, but the applicant's request was refused;
(ii) that the applicant has the legal right
				to erect the sign, based upon its contractual documentation with the property
				owner;
(iii) that the applicant
				notified the property owner of the right of entry from time to time by
				employees or authorized agents of the department on the real estate where the
				sign is located for purposes of inspection or removal of the sign;
				and
(iv) the correct name, mailing
				address, and electronic mail address of the property owner. Upon receipt of the
				affidavit executed by the applicant under this subdivision, the department may
				require the applicant to provide additional information or documentation
				verifying the representations therein.
(7) A letter or other document signed by an
				authorized representative of the local governmental entity that provides the
				current zoning applicable to the sign's location. In lieu of the letter or
				other document from the local governmental entity contemplated by this
				subdivision, the applicant may execute and submit an affidavit in form and
				substance satisfactory to the department, representing to the department that:
(A) the applicant made a reasonable request
				to obtain the executed letter or other document on behalf of the local
				governmental entity, but the applicant's request was refused; and
(B) the applicant has verified that the
				zoning is appropriate for the erection of the sign, and is also representing to
				the department what the current zoning classification is for the real estate
				upon which the sign would be located.
Upon receipt of a letter or other document signed by an
				  authorized representative of the local governmental entity or the affidavit
				  executed by the applicant under this subdivision, the department may require
				  the applicant to provide additional information or documentation verifying the
				  information or representations therein.
(8) Information that details how and the
				specific location on such real estate at which the sign will be erected and
				maintained.
(9) Any other
				information or documentation reasonably related to the application that is
				required by the department. The application shall be completed accurately by
				the applicant, or by a representative duly authorized in writing to act for the
				applicant, and shall also describe and set forth the size, shape, and the
				nature of the proposed sign.