reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1.5 - Developments; Traffic Studies › Section 1.5-1 - Preliminary notification; warrants

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  9-21-19-2
Affected: IC
				  8-23-2-6
Sec. 1.
(a) Unless
				waived in writing by the department, a preliminary notification shall be
				required to be submitted with the application for a permit for all developments
				that meet the following preliminary warrants for a traffic impact analysis
				study:
Land Use Type
Preliminary Warrants
Residential
150 dwelling units
Retail
15,000 square feet
Office
35,000 square feet or 3 acres
Industrial
70,000 square feet or 9 acres
Educational
30,000 square feet or 250 students
Lodging
120 occupied rooms
Medical
46,000 square feet
(b)
				At the discretion of the department, upon notice from the department after
				submission of the application for a permit, a preliminary notification may be
				required for the following types of developments:
(1) Parking garages, banks, fast food
				restaurants, service stations with convenience stores, or similar developments
				considered by the department to warrant special consideration due to the
				pattern and volume of traffic generated and the existence of high vehicle trip
				generation rates.
(2) Mixed-use
				developments that cannot easily be grouped or classified under the land use
				types provided in subsection (a) and generate more than fifty (50) vehicle
				trips in the peak direction within one (1) street peak hour.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1.5 - Developments; Traffic Studies › Section 1.5-2 - Preliminary notification; requirements

Current through July 10, 2024
Authority: IC 8-23-2-6; IC 9-21-19-2
Affected: IC 8-23-2-6
Sec. 2.
In addition to the requirements of
				  105 IAC
				  7-1-9, an applicant required to provide preliminary
				  notification under section 1 of this rule must provide an approximate
				  description of existing and anticipated traffic conditions of the proposed
				  development, including the following:
(1) Type of development.
(2) Preliminary site plan with site access
				points and the nearest signalized intersection in each direction.
(3) A market study, if applicable.
(4) Trip generation values and methods used
				to compute such values.
(5) Any
				other information the applicant deems necessary or helpful to facilitate the
				initial meeting as provided under section 3 of this rule.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1.5 - Developments; Traffic Studies › Section 1.5-3 - Initial meeting

Current through July 10, 2024
Authority: IC 8-23-2-6; IC 9-21-19-2
Affected: IC 8-23-2-6
Sec. 3.
(a) Upon
				submission of the application and preliminary notification, the applicant and
				the department shall schedule an initial meeting. The initial meeting shall be
				held no later than thirty (30) days after the submission of the application and
				preliminary notification that comply with the requirements of 105 IAC 7-1 and
				this rule.
(b) Participants at the
				initial meeting shall include the following:
(1) The applicant or its
				representative.
(2) One (1) or more
				of the following department personnel within the district in which the proposed
				development site is located:
(A) Regulations
				supervisor.
(B) Traffic
				engineer.
(C) Development
				engineer.
(3) Any other
				individual deemed necessary by the applicant or department personnel to
				facilitate the initial meeting.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1.5 - Developments; Traffic Studies › Section 1.5-4 - Traffic impact analysis study; warrants

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  9-21-19-2
Affected: IC
				  8-23-2-6
Sec. 4.
(a) Unless
				waived by the department at the initial meeting or subsequent to the initial
				meeting, in writing, an applicant subject to this rule shall be required to
				conduct, at the applicant's expense, a traffic impact analysis study if one (1)
				or more of the following warrants are met:
(1)
				Warrant 1, land use intensity, the development generates more than one hundred
				(100) vehicle trips in the peak direction within one (1) street peak
				hour.
(2) Warrant 2,
				level-of-service, either:
(A) the traffic
				generated by the proposed development causes the level-of-service of the
				adjacent streets and intersections to drop to "C" or lower; or
(B) the nearby intersections currently
				operate at level-of-service "D" or lower.
(3) Warrant 3, roadway modifications, the
				proposed development:
(A) is expected to
				significantly impact a roadway segment identified in the transportation
				improvement program; or
(B)
				includes modifications to the roadway system, such as:
(i) the addition of lanes to accommodate
				site-generated traffic, exclusive turning lanes, acceleration/deceleration
				lanes, median openings; and
(ii)
				the installation of traffic signals and other traffic control
				devices.
(4)
				Warrant 4, special cases, it is determined at the initial meeting or from a
				preliminary study that the traffic generated from the proposed development will
				create safety, operational, or other traffic problems.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1.5 - Developments; Traffic Studies › Section 1.5-5 - Traffic operations analysis study; conditions requiring study

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  9-21-19-2
Affected: IC
				  8-23-2-6
Sec. 5.
(a) Unless
				waived by the department at the initial meeting or subsequent to the initial
				meeting, in writing, an applicant subject to this rule shall be required to
				conduct, at the applicant's expense, a traffic operations analysis study if one
				(1) or more of the following conditions are met:
(1) The development generates enough turning
				movements into or out of the development that an auxiliary lane, such as an
				acceleration/deceleration lane, passing blister, or separate turn lane is
				required.
(2) A request is made for
				a new or modified driveway near an intersection or interchange.
(3) A request is made for a new or modified
				driveway near an intersection or interchange.
(4) There exists a sight distance limitation
				or a high accident location near the site.
(5) A request is made for median
				openings.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1.5 - Developments; Traffic Studies › Section 1.5-6 - Traffic impact analysis and traffic operations analysis studies; qualifications of preparer; certification

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  9-21-19-2
Affected: IC
				  8-23-2-6
Sec. 6.
A traffic impact analysis or traffic operations analysis
				  study required under this rule must be prepared by or under the supervision of
				  a registered professional engineer with experience in traffic engineering
				  operations who shall provide certification in the following or similar form:
"I certify that this Traffic Impact Analysis has been
				  prepared by me or under my immediate supervision and that I have experience and
				  training in the field of traffic and transportation engineering.
(signed)
John O. Smith, P.E.
Indiana Registration 12345".
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 1.5 - Developments; Traffic Studies › Section 1.5-7 - Review of traffic impact analysis and traffic operations analysis

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  9-21-19-2
Affected: IC
				  8-23-2-6
Sec. 7.
(a) Upon
				completion and submission of a traffic impact analysis or traffic operations
				analysis study required under this rule, the study shall be reviewed by the
				department. The review shall be conducted by department personnel trained and
				experienced in traffic impact and traffic operations study methodology, land
				use planning, and traffic engineering, safety, and operations.
(b) A formal review of the traffic impact
				analysis or traffic operations analysis study shall include the following
				findings:
(1) Those analyses and conclusions
				that are acceptable.
(2) Those
				analyses and conclusions that are not acceptable.
(3) The acceptability of recommended site
				access provisions and roadway improvements.
(4) A list of required improvements that
				might be considered to mitigate impacts of the development.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 2 - Unauthorized Approaches to Driveways › Section 2-1 - Purpose of rule

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 1.
The Indiana department of highways shall control access and
				  regulate work performed on approaches to driveways on highway right-of-way.
				  This control and regulation shall provide for the preservation of the highway,
				  and the safety and convenience of traffic on highway. The measure of public
				  benefit shall be the guide in determining the priorities and procedures in
				  correcting any unauthorized approaches to driveways.
Transferred from Department of Highways ( 120 IAC 2-2-1 )
					 to Indiana Department of Transportation ( 105 IAC 7-2-1 ) 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 2 - Unauthorized Approaches to Driveways › Section 2-2 - Documentation of approaches; corrective action required

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 2.
(a) The
				department shall control access along highways through inspection and by
				properly documenting planned and existing approaches for driveways and
				pedestrian walkways. Any construction, reconstruction, alteration, or
				modification to an approach by a person or persons other than the department
				shall be administered through this article. Existing approaches, which may be
				in either a complete or incomplete condition and that have not been reviewed
				and authorized by the department, shall be considered unauthorized,
				undocumented, and subject to corrective action. Existing approaches, which were
				originally authorized by the department but which have become substandard for
				any reason, such as a change in land use that adversely affects traffic
				patterns, shall also be considered unauthorized, undocumented, and subject to
				corrective action.
(b) The permit
				process shall be the normal means of taking corrective action. The property
				owner or owners or the person or persons responsible for an unauthorized
				approach shall make application for a written permit. All remedies available
				through the permit process shall be used to obtain full compliance of work on
				the approach.
(c) Under
				circumstances where the department is unable to obtain the cooperation of the
				property owner or owners or the person or persons responsible for an
				unauthorized approach through the permit process, corrective action will be
				taken in accordance with procedures contained in this rule.
NOTE: Transferred from Department of Highways ( 120 IAC
					 2-2-2 ) to Indiana Department of Transportation ( 105 IAC 7-2-2 ) 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 2 - Unauthorized Approaches to Driveways › Section 2-3 - Priority of corrective actions

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-9.5-4
Sec. 3.
The department shall assign unauthorized approach work to its
				  staff in accordance with manpower availability and shall first undertake
				  corrective action for the more serious situations as determined by the
				  department.
Transferred from Department of Highways ( 120 IAC 2-2-3 )
					 to Indiana Department of Transportation ( 105 IAC 7-2-3 ) 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 2 - Unauthorized Approaches to Driveways › Section 2-4 - Procedures for corrective action

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 4.
Corrective action will normally be the construction,
				  reconstruction, alteration, or modification of the approach to standards
				  acceptable to the department, or the complete removal of the approach and
				  restoration of the highway right-of-way. The decision concerning the choice of
				  a remedy remains with the department. The following procedure will be used by
				  the department to obtain a suitable corrective result:
(1) The department will contact the
				responsible person or persons for the unauthorized approach, including the
				owner of real estate, and advise that they are to begin corrective action by
				preparing and submitting a permit application. The department shall state a
				specific date for receipt of the application, but in no case shall the time to
				submit the application be less than fifteen (15) calendar days from the date of
				contact. If an application is received within the specified time period, the
				department shall proceed to the requirements in 105 IAC 7-1.
(2) If the person or persons responsible for
				the unauthorized approach has not responded within the specified time and if
				the application for the permit was not received by the department, a notice
				shall be given to the owner or owners of the real estate from which the
				unauthorized approach emanates by certified mail and shall be sent to the
				owner's last known address. A copy of the notice shall be sent to the occupant
				of the real estate, and a copy of the notice shall be posted upon said real
				estate in a conspicuous place. The notice shall specify the time within which
				the owner or owners of the real estate shall have completed corrective action
				for the unauthorized approach, but in no case shall the period of time
				specified be less than thirty (30) calendar days.
(3) If the owner of the real estate has not
				completed corrective action on the unauthorized approach within the time
				specified by the notice, the department may do whatever in its discretion is
				necessary to correct the situation or may cause the same to be done by other
				persons, parties, or corporations.
(4) The cost of the corrective action to the
				unauthorized approach as provided by subdivision (3) will be borne by the owner
				of the real estate. After the department has completed the corrective action,
				it shall bill the owner of the real estate for the cost.
NOTE: Transferred from Department of Highways ( 120 IAC
					 2-2-4 ) to Indiana Department of Transportation ( 105 IAC 7-2-4 ) 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 2 - Unauthorized Approaches to Driveways › Section 2-5 - Civil prosecution

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 5.
It shall be at the discretion of the department to pursue
				  legal action against the person who fails to respond to the requirements of
				  section 4(1) and 4(2) of this rule.
NOTE: Transferred from Department of Highways ( 120 IAC
					 2-2-5 ) to Indiana Department of Transportation ( 105 IAC 7-2-5 ) 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 2 - Unauthorized Approaches to Driveways › Section 2-6 - Waiver of corrective action

Current through July 10, 2024
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 6.
Where unauthorized approaches extending over any highway
				  right-of-way are in place on or after September 1, 1985, it shall be the right
				  of the department to exercise discretion in implementing the procedure stated
				  in section 4 of this rule.
NOTE: Transferred from Department of Highways ( 120 IAC
					 2-2-6 ) to Indiana Department of Transportation ( 105 IAC 7-2-6 ) 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 4 - Signs › Section 4-1 - Purpose of rule for signs

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 1.
This rule establishes that the department is authorized,
				  pursuant to applicable federal law and state law, to institute and impose such
				  requirements and restrictions as may be necessary to effectively control the
				  erection, repair, and maintenance of signs that are visible from control routes
				  in Indiana.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-2 - Definitions

Current through July 10, 2024
Authority: IC 8-23-2-6; IC 8-23-20-25
Affected: IC 8-23-1-14.3; IC 8-23-1-20; IC 8-23-1-38; IC
				  8-23-2-1; IC 8-23-20-25.6
Sec. 2.
The following definitions apply throughout this rule:
(1) "Abandoned" means the cessation of use of
				a sign face on a nonconforming sign for a period of at least twelve (12)
				continuous months.
(2) "Adjacent
				area" means any area that is:
(A) adjacent to
				and within six hundred sixty (660) feet of the nearest edge of the right-of-way
				of a control route; or
(B) beyond
				six hundred sixty (660) feet of the nearest edge of the right-of-way of a
				control route, if a sign would be:
(i)
				outside of an incorporated municipality;
(ii) visible from the main-traveled way of
				the control route; and
(iii)
				erected with the purpose of being read from such main-traveled
				way.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-4 - Documentation evidencing consent of property owner; transfer of ownership of the sign

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 4.
(a) It is
				unlawful for any sign to be erected without the lawful permission or consent of
				the property owner. Any sign so erected is an illegal sign and any permit for
				such sign shall be revoked by the department.
(b) The applicant for any sign permit shall
				provide to the department written evidence, in affidavit form and in substance
				similar to section 3(a)(6) of this rule or otherwise reasonably satisfactory to
				the department, that the property owner has consented to the erection of the
				sign at that location. Failure of the applicant to do so will result in the
				department denying that application.
(c) In the event the sign or the permit for
				the sign is sold by the permittee, the permittee or transferee shall complete
				and submit to the department information about the transfer and the transferee
				on a form prescribed by the department. This form shall be accompanied by a
				transfer fee in the amount of forty dollars ($40) and is due within one hundred
				eighty (180) days of the effective date of the transfer. Except as provided in
				this subsection:
(1) transfers of ownership of
				a sign that have occurred and for which equivalent information about the
				transfer and the transferee have been provided to the department's reasonable
				satisfaction prior to the adoption date of this subsection shall not require
				the submission of a transfer form or the payment of a transfer fee;
				and
(2) transfers of ownership of a
				sign that have occurred prior to the adoption date of this subsection, but for
				which equivalent information about the transfer and the transferee have not
				been provided to the department's reasonable satisfaction, shall submit a
				transfer form within one (1) year of the adoption date of this subsection and
				pay a transfer fee in the amount of forty dollars ($40). If any transfer form
				and transfer fee required by this subdivision is not timely received by the
				department, then the permittee and the transferee shall jointly and severally
				owe the department a late fee of one hundred dollars ($100) per month from the
				due date of such form and fee until they are both received by the department,
				but subject to a maximum late fee of four hundred dollars ($400) for any
				particular sign. Failure of the permittee or the transferee to submit this
				transfer form and to pay this transfer fee in a timely manner shall be a
				sufficient ground for the department to revoke any permit for that sign, but
				the permittee or the transferee may prevent this revocation by submitting the
				completed transfer form and paying the transfer fee and all late fees within
				thirty (30) days of the date of the department's revocation notice.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-5 - Changeable message signs

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  9-21-19-2
Affected: IC
				  8-23-20-25;
				  IC
				  8-23-20-25.5
Sec. 5.
(a) Only a
				conforming sign may be modified to a changeable message sign. A nonconforming
				sign may not be modified to a changeable message sign under any
				circumstances.
(b) A changeable
				message sign shall be constructed and used only as one (1) of the following:
(1) A single face sign.
(2) A V-shaped sign.
(3) A back-to-back sign.
A stacked sign or a side-by-side sign is not allowed as a
				  changeable message sign.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-7 - Application and fee

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC
				  8-23-20-25
Sec. 7.
(a) Each
				application for a permit shall be accompanied by an application fee of one
				hundred dollars ($100). If the application is approved, the applicant will be
				notified by U.S. mail, electronic mail, or through the electronic permitting
				system. If the application is denied, the applicant will be notified by U.S.
				certified mail. No refund of the application fee will be made after an
				application for a permit has been received by the department.
(b) Each modification request for an addendum
				to the permit that is submitted under section 13(5) or 14(a) of this rule shall
				be accompanied by an addendum fee of one hundred dollars ($100). If the
				addendum is approved, the applicant will be notified by U.S. mail, electronic
				mail, or through the electronic permitting system. If the modification request
				is denied, the applicant will be notified by electronic mail or U.S. certified
				mail. No refund of any portion of the addendum fee will be made after a
				modification request for an addendum has been received by the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-8 - Permit identification number for signs; fastening to signs

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 8.
(a) Each
				permit issued by the department shall be assigned a separate identification
				number, and it shall be the duty of each permittee to fasten to each sign the
				permit tag provided by the department in a location with the permit number
				plainly facing the control route and visible from the right-of-way of the
				control route. In the event the most recent version of the department's permit
				tag is not available to be attached to the sign, a replacement permit tag shall
				be obtained from the department by the permittee's submission of a written
				request to the department and the payment of a replacement fee in an amount
				determined by the department, but not to exceed twenty-five dollars ($25). The
				replacement permit tag shall be fastened to the sign as provided in this
				subsection.
(b) A permit tag is
				issued for a particular sign at its current location and a permit tag may not
				be moved to or used for any other sign or location.
(c) If the department changes its permit tags
				to a new design because of federal law or state law and sends written notice of
				that fact to the permittee, the permittee shall promptly submit a written
				request for the newly designed permit tag, pay the replacement fee in an amount
				determined by the department, but not to exceed twenty-five dollars ($25), and,
				upon receipt, shall fasten the newly designed permit tag as provided in
				subsection (a).
(d) If the
				department determines that a sign does not have the current design of the
				permit tag fastened and visible in accordance with subsection (a), the
				department may send written notice to the permittee that requires such permit
				tag to be so fastened and visible. If a replacement permit tag is needed, the
				permittee shall:
(1) submit a written request
				for a replacement permit tag within sixty (60) days of the department's notice;
				and
(2) fasten the replacement
				permit tag as provided in subsection (a) within sixty (60) days of receiving
				such tag from the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-10 - Permit denial criteria

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 10.
(a) No
				permit, except as provided in section 13 of this rule, may be issued for any
				sign as follows:
(1) Within six hundred sixty
				(660) feet of the nearest edge of the right-of-way of a control route and
				erected after January 1, 1968, unless the sign is erected in a zoned commercial
				or industrial area or an unzoned commercial or industrial area in accordance
				with section 20 of this rule.
(2)
				Beyond six hundred sixty (660) feet of the nearest edge of the right-of-way of
				a control route, outside of an incorporated municipality, if the sign would be
				visible from the main-traveled way of a control route, and erected with the
				purpose of a message on its sign face being read from the main-traveled way of
				a control route, and erected after June 30, 1976.
(3) In an adjacent area where the sign fails
				to comply with the size and configuration restrictions in section 16 of this
				rule.
(4) In an adjacent area where
				the sign fails to comply with the spacing criteria in section 17 of this
				rule.
(5) In an adjacent area where
				the sign fails to comply with the lighting criteria in section 18 of this
				rule.
(6) Where the zoning is not
				part of comprehensive plan or was zoned primarily to permit outdoor advertising
				structure or constitutes spot zoning or strip zoning.
(7) A new construction project programmed,
				which may affect the spacing or location requirements for an outdoor
				advertising structure, unless the applicant and the department enter into an
				agreement, which will allow for a permit to be issued.
(8) Proposed sign along a route designated as
				a scenic byway.
(9) That fails to
				comply with the miscellaneous criteria in section 19 of this rule.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-11 - Notice of permit denial or revocation

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 11.
(a) The
				permittee and the property owner shall each maintain on file with the
				department one (1) person's name, one (1) electronic mail address (if
				available), and one (1) mailing address. If the permittee's mailing address
				contains a P.O. Box, a street address of the permittee's principal place of
				business for outdoor advertising activities shall also be provided. Whenever
				there is a change in the electronic mail address or the mailing address of the
				permittee or the property owner, written notice of the change shall be sent to
				the department not later than one hundred twenty (120) days of the permittee's
				actual knowledge of any such change.
(b) Whenever the real estate upon which the
				sign is located is sold, the permittee shall have the obligation to provide to
				the department written evidence of the sale, as well as the correct name and
				address of the new owner, within one hundred eighty (180) days of its actual
				knowledge of any such sale.
(c) If
				any information required by subsection (a) or (b) is not timely submitted to
				the department, then the permittee shall owe the department a late fee of one
				hundred dollars ($100) per month from the due date of such information until it
				is submitted to the department, but subject to a maximum late fee of four
				hundred dollars ($400) for any particular sign. Failure of the permittee to
				submit this information in a timely manner shall be a sufficient ground for the
				department to revoke any permit for that sign, but the permittee may prevent
				this revocation by submitting all the required documentation and all late fees
				within thirty (30) days of the date of the department's revocation notice.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-12 - Appeal procedures; no contract between department and permittee and no tort action permitted against department for negligent permitting of signs

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. 12.
(a) An
				applicant whose permit application is denied, or any permittee or property
				owner who is sent a notice by the department that such permit is being revoked
				or whose modification request for an addendum to such permit is denied or that
				such permit is being changed to a permit for a nonconforming sign, may appeal
				that determination in accordance with the provisions of IC
				8-23-20-26
				and IC 4-21.5, as well as subsection (c).
(b) Whenever the department is sending a
				notice of a permit denial or revocation to the permittee or the property owner,
				service of that notice shall be deemed sufficient if sent to such person or
				entity by U.S. certified mail at the last known address in the records of the
				department. However, if an applicant or a permittee has properly submitted to
				the department a designation of a person or entity to receive notice of the
				denial of any permit application and of any revocation notice for a permit, the
				department will send any such notice to that designated person or entity
				instead.
(c) Each request for an
				appeal shall be submitted to the department within the period provided by IC
				4-21.5, shall be in writing, and shall contain the following:
(1) Whether the appellant is the permittee,
				the property owner, or a person or entity properly designated in accordance
				with subsection (b).
(2) The
				appellant's address and phone number.
(3) Each permit number, if any.
(4) The location of the sign.
(5) A statement outlining the specific basis
				for the appeal. Service of that appeal request shall be deemed sufficient if
				served on the department by personal service or by U.S. mail at the address
				specified in the department's notice, as required by IC
				4-21.5-3-1(c).
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-13 - Conditional permit

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC
				  8-23-20-25.6
Sec. 13.
A conditional permit may be granted to any nonconforming
				  sign, provided that the sign has not been substantially changed after the date
				  upon which it became a nonconforming sign, and as follows:
(1) A nonconforming sign with a conditional
				permit must remain substantially the same as it was on the date that its status
				became nonconforming. A permittee may make customary maintenance or repair on a
				nonconforming sign. However, a nonconforming sign may not be the object of any
				activity after which the sign did not remain substantially the same as it was
				on the date that its status initially became a nonconforming sign, except for
				activities performed after the occurrence of an event described in subdivision
				(7)(A) through (7)(C). Any such activity prohibited by the immediately
				preceding sentence shall automatically and permanently transform the
				nonconforming sign's status to that of an illegal sign, with the permit for any
				such sign subject to revocation and which sign is subject to removal by the
				department.
(2) Customary
				maintenance or repair on a nonconforming sign includes any of the following
				permissible activities, all of which shall not require any addendum to a permit
				for such sign:
(A) Nailing, cleaning, and
				painting.
(B) Replacement of nuts
				and bolts.
(C) Replacement of
				structural components, including vertical supports and sign faces, with the
				same material so long as the sign is not destroyed.
(D) Changes in the advertising
				message.
(E) Upgrading existing
				lighting for energy efficiency or worker safety.
(F) Addition of catwalks, safety cables, or
				handrails when required to resolve safety concerns by the Occupational Safety
				and Health Administration or the Indiana department of labor.
(G) The sale, lease, or transfer of the sign
				or its permit.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-14 - Modification of conforming sign to different sign type; addendum to permit

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC
				  8-23-20-25.5
Sec. 14.
(a) A
				permittee shall not modify a conforming sign to a different sign type without
				the approval of the department. Before modifying a conforming sign to a
				different sign type, the permittee shall submit a completed modification
				request for an addendum to the sign permit to the department on a form to be
				provided by the department or through the electronic permitting system,
				together with the addendum fee of one hundred dollars ($100). The department
				may then issue an addendum to the permit allowing such change, provided the
				sign otherwise complies with state and federal law. The permittee's failure to
				submit this modification request and to receive the department's approval for
				the addendum prior to modifying the conforming sign to a different sign type
				will result in the permit for such sign being automatically and permanently
				changed to a permit for a nonconforming sign, without any notice from the
				department to the permittee, and the permittee must promptly remove all
				features added to modify the sign to a different sign type.
(b) The modification approved by the addendum
				must be completed within three hundred sixty-five (365) days of the date of
				issuance of the addendum, or the department's approval under the addendum
				expires without any further action by the department. No extension of time
				shall be granted by the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-16 - Size and configuration criteria

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 16.
(a) The
				maximum area for any sign face of any sign erected after October 4, 1971, shall
				be one thousand (1,000) square feet, with the maximum height of twenty-five
				(25) feet and the maximum length of sixty (60) feet, exclusive of any border,
				trim, ornamental base, apron, or embellishments, if the total area of the
				exclusions do not exceed twenty percent (20%) of the sign's total area for its
				sign face plus all such exclusions.
(b) The sign's area shall be measured by the
				smallest square, rectangle, triangle, circle, or combination thereof that will
				encompass the area affected.
(c) A
				sign that is not a changeable message sign may display up to two (2)
				advertisements per facing, not to exceed the maximum area for any sign face and
				exclusions calculated in accordance with subsection (a).
(d) A double-faced structure that is not a
				changeable message sign will be allowed, with the maximum area being
				permissible for each sign face and exclusions relating thereto. A double-faced
				structure can be a stacked sign or a side-by-side sign.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-17 - Sign spacing criteria

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 17.
(a) All
				signs erected after October 4, 1971, in adjacent areas must conform to the
				following criteria:
(1) On the interstate
				system and limited access facilities on the control routes:
(A) no sign shall be located within five
				hundred (500) feet of another sign on the same side of the highway;
				and
(B) outside incorporated
				municipalities, no sign shall be located within five hundred (500) feet of the
				nearest edge of an interchange, intersection at grade, or rest area, with the
				five hundred (500) feet to be measured along the interstate system or other
				limited access control route from the closer of the beginning or ending of
				pavement widening at the exit from or entrance to the main-traveled
				way.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-18 - Sign lighting criteria

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 18.
(a) Signs
				located within adjacent areas may be illuminated, except for any sign that:
(1) contains, includes, or is illuminated by
				any flashing, or moving light or lights;
(2) is not effectively shielded to prevent
				beams or rays of light from being directed at any portion of the main-traveled
				way on a control route, if it:
(A) is of such
				intensity or brilliance as to cause glare or to impair the vision of the driver
				of any motor vehicle; or
(B)
				otherwise interferes with any driver's operation of a motor vehicle;
				or
(3) obscures or
				interferes with the effectiveness of an official traffic sign, device, or
				signal.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-19 - Miscellaneous criteria

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 4-21.5; IC 8-23-1; IC 8-23-20
Sec. 19.
(a) The
				following signs shall not be eligible for a permit:
(1) A sign that is illegal under federal law
				or state law.
(2) A sign that is
				not securely affixed to a substantial structure.
(3) A sign that attempts or appears to
				attempt to regulate, warn, or direct the movement of traffic or that interferes
				with, imitates, or resembles any official traffic sign, signal, or
				device.
(4) A sign that was
				erected, repaired, or maintained upon trees, or painted or drawn upon rocks or
				other natural features.
(5) A sign
				that is located in an unzoned commercial or industrial area, which extends
				beyond six hundred (600) feet from the outer edges of regularly used buildings,
				parking lots, storage, or processing areas of a commercial or industrial
				activity as defined in IC
				8-23-1-43.
(6) A sign otherwise inconsistent with:
(A) 23 U.S.C. 131 *, as effective July 1,
				2018;
(B) 23 CFR 750 *, as
				effective July 1, 2018;
(C) IC
				8-23-1 or IC 8-23-20; or
(D) this
				rule.
Any permit previously issued for any such ineligible sign
				  shall automatically become an illegal sign and shall be revoked by the
				  department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-20 - Zoned commercial or industrial area; unzoned commercial or industrial area

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 20.
(a) A sign
				may be located only in a zoned commercial or industrial area, or in an unzoned
				commercial or industrial area, only if there is a qualifying commercial or
				industrial activity on the real estate in such area that also would be the
				location of the sign.
(b) The
				department shall deny any application for a sign permit, if the zoning action
				for the real estate upon which the sign will be located is the result of spot
				zoning or strip zoning.
(c) Zoning
				action that has the effect of allowing signs on the affected real estate may
				not be recognized by the department as a zoned commercial or industrial area
				for purposes of this rule. Factors to be considered by the department when
				making its independent determination of whether the real estate is in a zoned
				commercial or industrial area suitable for allowing signs and whether spot
				zoning or strip zoning occurred with respect to the particular sign include:
(1) whether or not this action is part of or
				consistent with part of a comprehensive zoning plan;
(2) the reason behind any rezoning of a
				parcel, which must be taken for reasons other than allowing signs or outdoor
				advertising;
(3) the person or
				entity who requested the zoning action;
(4) the zoning of nearby areas;
(5) the actual land use of nearby
				areas;
(6) the existence of plans
				for commercial and industrial development on the real estate;
(7) the availability of utilities (such as
				water, electricity, and sewage) on the real estate; and
(8) the existence of access roads or
				dedicated access to the real estate.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-21 - Scenic byways

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 21.
(a) As of
				July 1, 2018, the current national and state scenic byways in Indiana include:
(1) Historic National Road;
(2) Indiana's Historic Pathways;
(3) Lincoln Highway Scenic Byway;
(4) Historic Michigan Road Scenic
				Byway;
(5) Ohio River Scenic
				Byway;
(6) Wabash River Scenic
				Byway;
(7) Whitewater Canal Scenic
				Byway; and
(8) Whitewater Canal
				Scenic Byway Loop Routes.
The department shall maintain a list of scenic byways
				  designated by the state of Indiana on the Internet at
www.in.gov/indot/2827.htm
.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-22 - Local control of signs on relinquished roads and other control routes within local jurisdiction

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 22.
(a) Each
				local governmental entity shall be responsible for effectively controlling
				signs on control routes within its jurisdiction in accordance with applicable
				federal law and state law, including those control routes for which authority
				and responsibility was relinquished pursuant to agreement between the
				department and such local governmental entity.
(b) If any local governmental entity fails to
				effectively control any particular sign on a control route within its
				jurisdiction for more than thirty (30) days following the entity's receipt of a
				written notice from the department, the local governmental entity shall hold
				the department harmless and indemnify the department for all costs, expenses,
				and other amounts paid or incurred by the department as follows:
(1) To ensure effective control of that sign
				in accordance with federal law and state law (including to the payment of
				financial compensation, if required under any such law).
(2) Based on the department's participation
				in any legal or administrative actions challenging or defending the erection,
				repair, or maintenance of that sign.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 7 - PERMITS FOR HIGHWAYS › Rule 4 - Signs › Section 4-23 - Separability

Current through July 10, 2024
Authority: IC
				  8-23-2-6;
				  IC
				  8-23-20-25
Affected: IC 8-23-20
Sec. 23.
The terms of this rule are declared to be separable. Should
				  any word, phrase, sentence, or section be declared unconstitutional or
				  otherwise invalid, the remainder of this rule shall not thereby be affected,
				  but shall remain in full force and effect.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 9 - TRAFFIC CONTROL DEVICES FOR HIGHWAYS › Rule 1 - Interstate Highway Systems › Section 1-1 - Stopping, standing, or parking prohibited on interstate highways

Current through July 10, 2024
Authority: IC 8-23-2; IC 8-23-4
Affected: IC 9-21-8; IC 9-21-16
Sec. 1.
Stopping, standing, or parking shall be prohibited on
				  enumerated highways:
(1)
				I-64;
(2) I-65;
(3) I-69;
(4) I-70;
(5) I-74;
(6) I-80;
(7) I-90;
(8) I-94;
(9) I-164;
(10) I-265;
(11) I-275;
(12) I-465;
(13) I-469; and
(14) I-865;
otherwise known as the "Interstate Highway System", including
				  ramp connections, except in designated rest areas.
Transferred from Department of Highways ( 120 IAC 4-2-1 )
					 to Indiana Department of Transportation ( 105 IAC 9-1-1 ) by P.L. 112-1989,
					 SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 9 - TRAFFIC CONTROL DEVICES FOR HIGHWAYS › Rule 1 - Interstate Highway Systems › Section 1-2 - Pedestrians and certain vehicles prohibited on interstate highways

Current through July 10, 2024
Authority: IC 8-23-6; IC 8-23-4
Affected: IC 9-21-8; IC 9-21-16
Sec. 2.
Pedestrians, motorized bicycles, bicycles, and other
				  nonmotorized traffic shall be prohibited from enumerated highways:
(1) I-64;
(2) I-65;
(3) I-69;
(4) I-70;
(5) I-74;
(6) I-80;
(7) I-90;
(8) I-94;
(9) I-164;
(10) I-265;
(11) I-275;
(12) I-465;
(13) I-469; and
(14) I-865;
otherwise known as the "Interstate Highway System".
Transferred from Department of Highways ( 120 IAC 4-2-2 )
					 to Indiana Department of Transportation ( 105 IAC 9-1-2 ) by P.L. 112-1989,
					 SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 9 - TRAFFIC CONTROL DEVICES FOR HIGHWAYS › Rule 3 - Buses; Vehicle Width › Section 3-1 - Buses; vehicle width

Current through July 10, 2024
Authority: IC 9-20-8-1
Affected: IC 9-20-8-2
Sec. 1.
Any motor vehicle designed and used for the carrying of more
				  than seven (7) persons, including passenger buses, and having a total outside
				  width not exceeding eight (8) feet six (6) inches, exclusive of safety
				  equipment, may be operated upon any public highway having a lane width of
				  twelve (12) feet or more.
Transferred from Department of Highways ( 120 IAC 4-4-1 )
					 to Indiana Department of Transportation ( 105 IAC 9-3-1 ) by P.L. 112-1989,
					 SECTION 5, effective July 1, 1989.