Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-24 - Relocation

Current through July 10, 2024
Authority: IC 8-23-2-6; IC 8-23-20-25; IC 8-23-20-25.6; IC
				  8-23-20.5
Affected: IC 8-23-1-47; IC 8-23-20; IC 8-23-20.5; IC
				  32-24
Sec. 24.
(a) A sign
				may be relocated within the market area if the new location meets all state and
				federal requirements, is established as a conforming use, and erected in
				compliance with the relocation permit or relocation addendum in the electronic
				permitting system.
(b) A relocation
				permit application must be submitted when a sign is to be relocated within the
				market area. No application fee shall be assessed for a relocation permit. The
				relocation permit application must include all information required in section
				3(a)
[sic, of this rule]
.
(c) A complete relocation permit application
				shall be processed by the department within fifteen (15) business days of
				submission. An incomplete relocation application will not be considered by the
				department, but minor deficiencies may be cured promptly after the department
				requires the applicant to provide additional information or documentation
				within five (5) business days. Otherwise, the relocation application shall be
				cancelled, and all documents included with an incomplete relocation application
				shall be returned to the applicant (but not sooner than ten (10) days after the
				date upon which it was submitted) without being processed, along with a written
				explanation of the reason for its cancellation. The cancellation and return of
				an incomplete relocation application and any accompanying materials without
				processing in accordance with this rule is not a final administrative action
				subject to appeal. If a relocation application is cancelled for any reason, and
				the applicant chooses to resubmit the relocation application, the subsequently
				filed relocation application shall be processed as a new relocation application
				as of the date it is received by the department with a new relocation
				application number.
(d) If a
				conforming sign is to be elevated, angled, or the size or material is modified
				pursuant to IC 8-23-20-25.6(f), but the sign is not moving to a new location,
				the permittee must apply for a relocation addendum. The relocation addendum
				application must include all information required in section 3(a)
[sic,
				of this rule]
. No application fee shall be assessed for the relocation
				addendum. The permittee may include a request to modify or alter the sign, the
				sign face, or the sign type at the time of its submission for a relocation
				addendum. If a sign is moving more than one (1) foot from its original
				location, but within the market area, the sign is not eligible for a relocation
				addendum and must file a relocation permit application.
(e) Documentation of actions taken to
				relocate a sign in good faith shall be provided to the department upon the
				department's request. Documentation shall discuss all relevant details about
				the process taken for the search for relocation options, and may include the
				following:
(1) zoning requirements of unzoned
				and zoned commercial and industrial areas pursuant to
				23 U.S.C.
				131(d) *, as effective July
				1, 2018, IC 8-23-20-5, and IC 8-23-1-47;
(2) access requirements in accordance with
				section 15(a)(12)
[sic, of this rule]
;
(3) spacing requirements as outlined in
				section 17
[sic, of this rule]
; or
(4) inability to obtain a property interest
				or agreement from property owners inside the market area in accordance with
				section 3(a)
[sic, of this rule]
.
The above information can be provided to the department
				  through a written statement, if available supporting documentation would not
				  sufficiently explain actions taken. The permittee shall also provide supporting
				  documentation of searching expenses as provided in
				  49 CFR
				  24.301(g)(17) *, as
				  effective July 1, 2018, upon the department's request.