Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-15 - Revocation of permit; appeal of revocation; removal of illegal signs as public nuisances

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. 15.
(a) A permit
				for a sign may be revoked for the following:
(1) Pursuant to this rule.
(2) If the sign has been altered such that it
				is no longer in compliance with:
(A) the size
				and configuration restrictions in section 16 of this rule;
(B) the spacing criteria in section 17 of
				this rule;
(C) the lighting
				criteria in section 18 of this rule; or
(D) the miscellaneous criteria in section 19
				of this rule.
(3)
				Mistake of material facts by the issuing authority for which had the correct
				facts been made known, the outdoor advertising permit in question would not
				have been issued.
(4)
				Misrepresentation of material facts made by the permit holder or sign owner and
				on which the issuing authority was found to have relied upon in approving the
				outdoor advertising permit application.
(5) Misrepresentation of facts made by the
				applicant to any regulatory authority with jurisdiction over the sign by the
				permit holder or sign owner.
(6)
				Failure to complete construction of a structure within three hundred sixty-five
				(365) days from the date of issuance of the outdoor advertising
				permit.
(7) Any alteration of an
				outdoor advertising structure for which a permit has previously been issued
				that would cause the outdoor advertising structure to fail to comply with the
				provisions of
				23 U.S.C.
				131 *, as effective July 1, 2018.
(8) A determination upon initial inspection
				of a newly erected outdoor advertising structure that fails to comply with
				23 U.S.C.
				131 *, as effective July 1, 2018, or this
				section.
(9) Alterations to a
				nonconforming sign that would cause it to be other than substantially the same
				as it was on the date the sign became nonconforming. For purposes of this
				subsection, alterations include:
(A) enlarging
				a dimension of the sign facing, or raising the height of the sign;
(B) changing the material of the sign
				structure's support;
(C) adding a
				pole or poles;
(D) adding
				illumination; or
(E) moving a sign,
				unless the sign is relocated in accordance with IC
				8-23-20-25.6(c)(2)
				and section 24 of this rule.
(10) Failure to affix a permanent plate
				within sixty (60) days after the erection of the outdoor advertising structure
				that must be visible and readable from the main-traveled way or control
				route.
(11) Unlawful destruction or
				cutting of trees, shrubs, or other vegetation located on the state-owned or
				controlled right-of-way to increase the visibility of an outdoor advertising
				structure.
(12) Failure to possess
				lawful access to repair, construct, maintain, or service an outdoor advertising
				sign on interstate, state highway, or other controlled access facilities.
				Direct access to a sign from any state highway, interstate, or limited access
				control route is strictly prohibited.
(13) Failure to maintain a nonconforming sign
				such that it remains blank for a period of twelve (12) consecutive
				months.
(14) Maintaining an
				abandoned, damaged, or discontinued nonconforming sign.
(15) Failure to notify the department of
				transfer of ownership within one hundred eighty (180) days from the effective
				date of transfer.
(16) Failure to
				obtain and maintain all required permits from a federal, state, or local
				agency.
(17) Any alteration of an
				outdoor advertising structure for which a permit has previously been issued
				that alters the structure (size, material, supports, lighting, or modification
				to changeable message sign) without having an approved addendum by the
				department.
(18) Failure to erect,
				maintain, or alter an outdoor advertising sign structure in accordance with the
				permit.
(19) If inconsistent with
				other federal law or state law.