IC 32-26-4
    Chapter 4. Cutting Live Fences Along Public Highways

IC 32-26-4-1
Obstruction of view; trimming and maintaining; application of law
    Sec. 1. (a) This chapter:
        (1) does not apply to:
            (A) a highway intersection located within a city or town; or
            (B) a building of a substantial character that is located at theintersection of highways; and
        (2) except for the provisions of this chapter concerning hedgefences, applies only to the intersection of a state highway withanother state highway, a county highway, or a townshiphighway.
    (b) Except as provided in subsection (c), the owner of a hedge orlive fence along the line of a highway shall cut and trim down thehedge or live fence to a height of not more than five (5) feet once ineach calendar year.
    (c) This subsection applies if a hedge, live fence, or naturalgrowth other than a tree connects with or is found at a highwayintersection, adjacent to a curve where the view of the highway maybe obstructed, or at a railway right-of-way. The owner of a hedge,live fence, or other growth to which this subsection applies shall trimand maintain the hedge, live fence, or other growth at a height of notmore than five (5) feet above the level of the center of the traveledroad bed in the highway that adjoins the hedge, live fence, or othergrowth:
        (1) throughout the year;
        (2) for a distance of:
            (A) one hundred (100) feet, if the obstruction is a hedge orlive fence; or
            (B) fifty (50) feet, if the obstruction consists of any othernatural growths; and
        (3) beginning at the intersection of the highway and continuingalong the lines dividing the highways and the adjoiningproperty.
    (d) This subsection applies to a tree growing within fifty (50) feetof the intersection of a highway with:
        (1) another highway; or
        (2) a steam or interurban railroad.
The owner of a tree to which this subsection applies shall trim thetree so that the view at the intersection is not obstructed.
    (e) Except for a natural elevation of land, an obstruction to theview at the intersection of a highway with another highway or asteam or interurban railroad that exceeds a height of five (5) feetabove the center of the highway may not be maintained at theintersection.
    (f) After May 22, 1933, a building may not be erected within fifty(50) feet of an intersection to which this chapter applies.
As added by P.L.2-2002, SEC.11.
IC 32-26-4-2
Examination of live fences; notice to cut or trim; collection ofexpenses
    Sec. 2. (a) The trustee of each township, the county highwaysuperintendent, the Indiana department of transportation, or otherofficer in control of the maintenance of a highway shall betweenJanuary 1 and April 1 of each year, examine all hedges, live fences,natural growths along highways, and other obstructions described insection 1 of this chapter in their respective jurisdictions. If there arehedges, live fences, other growths, or obstructions along thehighways that have not been cut, trimmed down, and maintained inaccordance with this chapter, the owner shall be given written noticeto cut or trim the hedge or live fence and to burn the brush trimmedfrom the hedge or live fence and remove any other obstructions orgrowths.
    (b) The notice required under subsection (a) must be served byreading the notice to the owner or by leaving a copy of the notice atthe owner's usual place of residence.
    (c) If the owner is not a resident of the township, county, or statewhere the hedge, live fence, or other obstructions or growth islocated, the notice shall be served upon the owner's agent or tenantresiding in the township. If an agent or a tenant of the owner does notreside in the township, the notice shall be served by mailing a copyof the notice to the owner, directed to the owner's last known postoffice address.
    (d) If the owner, agents, or tenants do not proceed to cut and trimthe fences and burn the brush trimmed from the fences or remove anyobstructions or growths within ten (10) days after notice is served,the township trustee, county highway superintendent, or Indianadepartment of transportation shall immediately:
        (1) cause the fences to be cut and trimmed or obstructions orgrowths removed in accordance with this chapter; and
        (2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed againstand become a lien upon the land in the same manner as road taxes.
    (e) The township trustee, county highway superintendent, orIndiana department of transportation having charge of the workperformed under subsection (d) shall prepare an itemized statementof the total cost of the work of removing the obstructions or growthsand shall sign and certify the statement to the county auditor of thecounty in which the land is located. The county auditor shall placethe statement on the tax duplicates. The county treasurer shall collectthe costs entered on the duplicates at the same time and in the samemanner as road taxes are collected. The treasurer may not issue areceipt for road taxes unless the costs entered on the duplicates arepaid in full at the same time the road taxes are paid. If the costs arenot paid when due, the costs shall become delinquent, bear the sameinterest, be subject to the same penalties, and be collected at thesame time and in the same manner as other unpaid and delinquenttaxes.As added by P.L.2-2002, SEC.11.

IC 32-26-4-3
Actions; recovering expenses of cutting or trimming
    Sec. 3. The prosecuting attorney shall prosecute a suit undersection 2(e) of this chapter in the name of the state on relation of thesupervisor or county highway superintendent. The prosecutingattorney shall receive a fee of ten dollars ($10), collected as a part ofthe costs of the suit, for bringing a suit under this section.
As added by P.L.2-2002, SEC.11.