Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-6 - Permit required before erection of sign; time to erect; multiple conflicting applications

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 6.
(a) A person
				or entity shall have an existing permit from the department for the sign before
				erecting, repairing, or maintaining the sign. Any sign erected, repaired, or
				maintained without an existing permit from the department for that sign is an
				illegal sign. The department may deny any application for a permit for a sign
				that is submitted after erection of the sign had been started or completed. The
				department may send the applicant a separate written notice requiring the
				removal of any such sign within thirty (30) days after the date of such
				notice.
(b) The erection of the
				proposed sign must be completed within three hundred sixty-five (365) days of
				the date of issuance of the permit, or the permit shall be revoked and the
				uncompleted sign shall be removed at the permittee's sole expense. No extension
				of time shall be granted by the department.
(c) For any sign constructed and registered
				on or before December 31, 1993, the department shall make a determination of
				the registered sign's eligibility for a permit as of the date the registration
				form was submitted to the department. If the department determines the
				registered sign is eligible for a permit, the department shall issue a legal
				nonconforming permit or a legal conforming permit based upon the information in
				the registration form. If the determination for a legal nonconforming permit is
				made and the sign owner has documentation to demonstrate a legal conforming
				permit should be issued, the sign owner shall have ninety (90) days from the
				date of the eligibility determination to provide documentation to the
				department. If the documentation submitted to the department is found to be
				inadequate to support a legal conforming permit, the legal nonconforming permit
				determination shall be final. If the department determines the registered sign
				is not eligible for a permit, then the registered sign is a public nuisance and
				is subject to removal.
(d) When
				multiple permit applications are received for proposed signs at the same site
				or at sites that, if both permits were granted, would conflict with the spacing
				criteria in this rule, priority shall be given in the order the applications
				were received by the department. If an application is returned to an applicant
				because it is not complete or has incorrect information, the application loses
				its priority position. The department will hold an application, without taking
				any further action on it, if it is for the same site as, or for a conflicting
				site with that of an application that the department previously received and
				that has not been denied. The department's hold will continue until the
				department makes a final decision on the previously received application and
				all appeals relating thereto have been concluded, or until the department
				returns the previously received application to its applicant. The department
				will notify the subsequent applicant in writing or through the electronic
				permitting system that the subsequent application is being held because an
				application for the same site or for a conflicting site was previously
				received.
(e) Whenever a spacing or
				other conflict exists, an application for a proposed sign and an existing sign
				constructed on or before December 31, 1993, which was timely registered under
				state law, but for which a valid permit has not been issued, the department
				shall make a determination of the registered sign's eligibility for a permit.
				If the department determines that the registered sign is eligible for a permit,
				the department shall issue a permit for the registered sign and deny the
				application for the proposed sign. If the department determines that the
				registered sign is not eligible for a permit, then the registered sign is a
				public nuisance and subject to removal, and the department shall consider the
				application for the proposed sign.