CHAPTER 1. DEFINITIONS
IC 8-23
ARTICLE 23. INDIANA DEPARTMENT OFTRANSPORTATION
IC 8-23-1
Chapter 1. Definitions
IC 8-23-1-1
Application throughout article
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.112-1989, SEC.5.
IC 8-23-1-2
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-1-3
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-1-4
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-1-5
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-1-6
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-1-7
Application of additional definitions
Sec. 7. The definitions in IC 36-1-2 apply to this article.
As added by P.L.18-1990, SEC.165.
IC 8-23-1-8
"Abandonment" defined
Sec. 8. "Abandonment" means the cessation of use of right-of-wayactivity upon a site with no intention to reclaim or use the site againfor highway purposes.
As added by P.L.18-1990, SEC.166.
IC 8-23-1-9
"Adjacent area" defined
Sec. 9. "Adjacent area" means an area that is adjacent to andwithin six hundred sixty (660) feet of the nearest edge of theright-of-way of an interstate or primary highway.As added by P.L.18-1990, SEC.167.
IC 8-23-1-10
"Agency" defined
Sec. 10. "Agency" has the meaning set forth in IC 4-22-2-3.
As added by P.L.18-1990, SEC.168.
IC 8-23-1-11
"Arterial highway" defined
Sec. 11. "Arterial highway" means a highway designed primarilyfor through traffic, usually on a continuous route.
As added by P.L.18-1990, SEC.169.
IC 8-23-1-12
"Arterial street" defined
Sec. 12. "Arterial street" means a street designed primarily forthrough traffic, usually on a continuous route.
As added by P.L.18-1990, SEC.170.
IC 8-23-1-13
"Authority" defined
Sec. 13. "Authority" refers to the Indiana finance authorityestablished under IC 4-4-11.
As added by P.L.18-1990, SEC.171. Amended by P.L.235-2005,SEC.121.
IC 8-23-1-14
"Automobile graveyard" defined
Sec. 14. "Automobile graveyard" means an establishment or placeof business that is maintained, used, or operated for storing, keeping,buying, or selling wrecked, scrapped, ruined, or dismantled motorvehicles or motor vehicle parts.
As added by P.L.18-1990, SEC.172.
IC 8-23-1-14.3
"Changeable message sign" defined
Sec. 14.3. (a) "Changeable message sign" means a sign thatsatisfies all of the following:
(1) The message on the sign may be changed mechanically,electronically, or by remote control.
(2) The static display on the face of the sign:
(A) does not display any copy or message that moves,appears to move, or flashes; and
(B) lasts at least eight (8) seconds.
(3) A message change takes no more than two (2) seconds.
(b) The term includes electronic billboards and trimovementsigns.
As added by P.L.66-2007, SEC.1.
IC 8-23-1-14.5 "Commerce corridor" defined
Sec. 14.5. "Commerce corridor" means that part of a recognizedsystem of highways that:
(1) directly facilitates intrastate, interstate, or internationalcommerce and travel;
(2) enhances economic vitality and internationalcompetitiveness; or
(3) provides service to all parts of Indiana and the UnitedStates.
As added by P.L.87-1991, SEC.1.
IC 8-23-1-15
"Commissioner" defined
Sec. 15. "Commissioner" refers to the commissioner of thedepartment.
As added by P.L.18-1990, SEC.173.
IC 8-23-1-16
"County arterial highway system" defined
Sec. 16. "County arterial highway system" means a system ofhighways designated by the county highway authority as having thegreatest general importance to the county and for whichresponsibility is assigned to the county highway authority.
As added by P.L.18-1990, SEC.174.
IC 8-23-1-17
"County local highway system" defined
Sec. 17. "County local highway system" means the roads andstreets used primarily for access to residence, business, farm, or otherabutting property and for which responsibility is assigned to thecounty highway authority.
As added by P.L.18-1990, SEC.175.
IC 8-23-1-18
"Curb" defined
Sec. 18. "Curb" means a stone or row of stones, or a similarconstruction of concrete or other material, along the margin of aroadway as a limit to the roadway and a restraint upon and protectionto the adjoining sidewalk space.
As added by P.L.18-1990, SEC.176.
IC 8-23-1-19
"Department" defined
Sec. 19. "Department" refers to the Indiana department oftransportation established under IC 8-23-2-1.
As added by P.L.18-1990, SEC.177.
IC 8-23-1-20
"Directional and other official signs and notices" defined
Sec. 20. "Directional and other official signs and notices" includes
signs and notices pertaining to natural, scenic, and historicalattractions that are required or authorized by law and conform to thenational standards adopted by the United States Secretary ofCommerce under 23 U.S.C. 131(c).
As added by P.L.18-1990, SEC.178.
IC 8-23-1-20.5
"Electronic billboard" defined
Sec. 20.5. "Electronic billboard" means a programmable signcapable of presenting a large amount of:
(1) text;
(2) symbolic imagery; or
(3) both text and symbolic imagery.
As added by P.L.66-2007, SEC.2.
IC 8-23-1-21
"Erect" defined
Sec. 21. "Erect" means to construct, build, raise, assemble, place,affix, attach, create, paint, draw, or in any way bring into being orestablish. The term does not include an activity performed as anincident to the change of an advertising message or normalmaintenance or repair of a sign structure.
As added by P.L.18-1990, SEC.179.
IC 8-23-1-22
"Executive" defined
Sec. 22. "Executive" has the meaning set forth in IC 36-1-2-5.However, for a consolidated city, the term means the city-countycouncil.
As added by P.L.18-1990, SEC.180.
IC 8-23-1-22.5
"Extraordinary cost" defined
Sec. 22.5. "Extraordinary cost" means the cost to a utility torelocate existing facilities that is either:
(1) more than ten percent (10%) of the total operating revenuereceived by the utility during the utility's most recent full fiscalyear; or
(2) more than fifty percent (50%) of the total estimated cost ofa proposed highway or bridge construction or improvementproject.
As added by P.L.63-1992, SEC.1.
IC 8-23-1-23
"Highway, street, or road" defined
Sec. 23. "Highway, street, or road" means a public way forpurposes of vehicular traffic, including the entire area within theright-of-way. However, the term does not include a highway forpurposes of IC 8-2.1.
As added by P.L.18-1990, SEC.181.
IC 8-23-1-24
"Information center" defined
Sec. 24. "Information center" means an area or site establishedand maintained at safety rest areas for the purpose of informing thepublic of places of interest within Indiana and providing otherinformation that the department considers desirable.
As added by P.L.18-1990, SEC.182.
IC 8-23-1-25
"Interstate system" defined
Sec. 25. "Interstate system" means the part of the national systemof interstate and defense highways located within Indiana asofficially designated by the department and approved by the UnitedStates Secretary of Commerce under 23 U.S.C.
As added by P.L.18-1990, SEC.183.
IC 8-23-1-26
"Junk" defined
Sec. 26. "Junk" means old or scrap copper, brass, rope, rags,batteries, paper, trash, rubber debris, waste, or junked, dismantled,or wrecked automobiles or automobile parts, iron, steel, and other oldscrap ferrous or nonferrous material.
As added by P.L.18-1990, SEC.184.
IC 8-23-1-27
"Junkyard" defined
Sec. 27. "Junkyard" means an establishment or place of businessthat is maintained, operated, or used for storing, keeping, buying, orselling junk, or for the maintenance or operation of an automobilegraveyard. The term includes garbage dumps and sanitary fills. Theterm does not include a scrap metal processing facility.
As added by P.L.18-1990, SEC.185.
IC 8-23-1-28
"Limited access facility" defined
Sec. 28. "Limited access facility" means a highway or streetdesigned for through traffic, over, from, or to which owners oroccupiers of abutting land or other persons have either no right oreasement or a limited right or easement of direct access, light, air, orview because their property abuts upon the limited access facility orfor any other reason. The highways or streets may be parkways fromwhich trucks, busses, and other commercial vehicles are excluded orfreeways open to use by all customary forms of highway and streettraffic.
As added by P.L.18-1990, SEC.186.
IC 8-23-1-29
"Maintain" defined
Sec. 29. "Maintain" means allow to exist.
As added by P.L.18-1990, SEC.187.
IC 8-23-1-30
"Main-traveled way" defined
Sec. 30. "Main-traveled way" means the traveled way of ahighway on which through traffic is carried. For a divided highway,the term includes the traveled way of each of the separated roadwaysfor traffic in opposite directions. The term does not include frontageroads, turning roadways, or parking areas.
As added by P.L.18-1990, SEC.188.
IC 8-23-1-31
"Municipal arterial street system" defined
Sec. 31. "Municipal arterial street system" means a system ofarterial streets and highways designated by the municipal streetauthority as having the greatest importance to the municipality andfor which responsibility is assigned to the municipal street authority.
As added by P.L.18-1990, SEC.189.
IC 8-23-1-32
"Municipal local street system" defined
Sec. 32. "Municipal local street system" means roads and streetsused primarily for access to residence, business, or other abuttingproperty and for which responsibility is assigned to the municipalstreet authority.
As added by P.L.18-1990, SEC.190.
IC 8-23-1-33
"Primary system" defined
Sec. 33. "Primary system" means the part of connected mainhighways as officially designated by the department and approved bythe United States Secretary of Commerce under 23 U.S.C.
As added by P.L.18-1990, SEC.191.
IC 8-23-1-34
"Road paving material" defined
Sec. 34. "Road paving material" means bituminous or portlandconcrete surfaces.
As added by P.L.18-1990, SEC.192.
IC 8-23-1-35
"Safety rest area" defined
Sec. 35. "Safety rest area" means an area or site established andmaintained within adjacent areas by or under public supervision orcontrol for the convenience of the traveling public.
As added by P.L.18-1990, SEC.193.
IC 8-23-1-36
"Scrap metal processing facility" defined
Sec. 36. "Scrap metal processing facility" means an establishmenthaving facilities for processing iron, steel, or nonferrous metal andwhose principal product is scrap iron, steel, or scrap for sale for
remelting purposes only.
As added by P.L.18-1990, SEC.194.
IC 8-23-1-37
"Secretary" defined
Sec. 37. "Secretary" refers to the United States Secretary ofTransportation.
As added by P.L.18-1990, SEC.195.
IC 8-23-1-38
"Sign" defined
Sec. 38. "Sign" means an outdoor sign, display, device, notice,bulletin, figure, painting, drawing, message, placard, poster,billboard, or other thing that is designated, intended, or used toadvertise or inform.
As added by P.L.18-1990, SEC.196.
IC 8-23-1-39
"State aid director" defined
Sec. 39. "State aid director" refers to the chief administrativeofficer of the office of the department that administers programs ofstate and federal aid to local units of government, or the officer'sdesignee.
As added by P.L.18-1990, SEC.197.
IC 8-23-1-40
"State highway system" defined
Sec. 40. "State highway system" means the system of highwaysand streets that are of general economic importance to Indiana as awhole and for which responsibility is assigned to the department.
As added by P.L.18-1990, SEC.198.
IC 8-23-1-40.5
"Substantial completion" defined
Sec. 40.5. "Substantial completion" refers to the date, asdetermined by the department, when the construction of the contractis sufficiently completed in accordance with the plans andspecifications, as modified by any change orders, so that theconstruction can be used for its intended purpose.
As added by P.L.117-1995, SEC.1.
IC 8-23-1-41
"Transportation plan" defined
Sec. 41. "Transportation plan" means a statement evaluatingtransportation policy objectives and projecting specific long rangecomprehensive actions to accomplish policy objectives.
As added by P.L.18-1990, SEC.199.
IC 8-23-1-42
"Traveled way" defined Sec. 42. "Traveled way" means the part of the roadway for themovement of vehicles. The term does not include shoulders orauxiliary lanes.
As added by P.L.18-1990, SEC.200.
IC 8-23-1-42.5
"Trimovement sign" defined
Sec. 42.5. "Trimovement sign" means a sign that displays three(3) separate images sequentially by rotating triangular cylinders.
As added by P.L.66-2007, SEC.3.
IC 8-23-1-43
"Unzoned commercial or industrial area" defined
Sec. 43. (a) "Unzoned commercial or industrial area" means anadjacent area not zoned under state or local statute, rule, or ordinanceon which there is located one (1) or more permanent structures forcommercial or industrial activities other than a sign or upon whicha commercial or an industrial activity is actually conducted, whetheror not there is a permanent structure located upon the adjacent area,and the area:
(1) extending six hundred (600) feet beyond the edge of thecommercial or industrial activity as determined undersubsection (c); and
(2) located along either side of an interstate or a primaryhighway.
The term does not include land contiguous to an interstate or aprimary highway that has been designated as scenic by the state.
(b) The term does not include the following areas:
(1) Within three hundred (300) feet of a building used primarilyas a residence, unless the owner of the building consents inwriting to the particular commercial use.
(2) Within five hundred (500) feet of the following:
(A) A public park garden.
(B) A recreation area or forest preserve.
(C) A church or school.
(D) An officially designated historic battlefield, museum, orhistorical monument.
(E) A safety rest or recreation area, publicly owned,controlled, and maintained under 23 U.S.C. 319.
(F) A sanitary or other facility for the accommodation ofmotorists, publicly owned, controlled, and maintained under23 U.S.C. 319.
(3) Within seven hundred fifty (750) feet of a strip of land inwhich an interest has been acquired by the state for therestoration, preservation, or enhancement of scenic beauty thatis publicly controlled and maintained under 23 U.S.C. 319.
(c) Distance from a commercial or an industrial activity describedunder subsection (a):
(1) must be:
(A) measured from the outer edges of the regularly used
building, parking lot, storage areas, or processing areas ofthe commercial or industrial activity; and
(B) parallel to the edge of the pavement of the highway; and
(2) may not be measured from the property line of thecommercial or industrial activity, unless the property line islocated on an area described in subdivision (1)(A).
As added by P.L.18-1990, SEC.201. Amended by P.L.61-1996,SEC.11.
IC 8-23-1-44
"Urban area" defined
Sec. 44. "Urban area" means:
(1) an urbanized area designated by the Bureau of the Census;
(2) if an urbanized area lies within more than one (1) state, thepart of the area that lies within the boundaries of Indiana; or
(3) an urban place designated by the Bureau of the Censushaving a population of at least five thousand (5,000) that is notwithin an urbanized area and is within boundaries cooperativelyestablished by the department and local officials.
As added by P.L.18-1990, SEC.202.
IC 8-23-1-44.5
"Utility" defined
Sec. 44.5. "Utility" has the meaning set forth in IC 8-1-9-2(a).
As added by P.L.63-1992, SEC.2.
IC 8-23-1-45
"Visible" defined
Sec. 45. "Visible" means capable of being seen (whether or notlegible) without visual aid by a person of normal visual acuity usingthe highway system.
As added by P.L.18-1990, SEC.203.
IC 8-23-1-46
"Work program" defined
Sec. 46. "Work program" means a schedule of steps to befollowed in implementing a transportation plan, including thefollowing:
(1) A description of the sequence of steps.
(2) The time limit within which each step is to be completed.
(3) The product of each step.
(4) The staff and resources required.
As added by P.L.18-1990, SEC.204.
IC 8-23-1-47
"Zoned commercial or industrial areas" defined
Sec. 47. "Zoned commercial or industrial areas" means those areasthat are zoned for business, industry, commerce, or trade under azoning ordinance.
As added by P.L.18-1990, SEC.205.