CHAPTER 20. REGULATION OF BILLBOARDS AND JUNKYARDS
IC 8-23-20
Chapter 20. Regulation of Billboards and Junkyards
IC 8-23-20-1
Agreements with United States Secretary of Commerce
Sec. 1. (a) The department and the United States Secretary ofCommerce shall enter into agreements under 23 U.S.C. concerningthe regulation of billboards, signs, junkyards, and scrap metalprocessing areas in areas adjacent to the interstate and primaryhighway systems. The agreements must conform to the provisions of23 U.S.C. to ensure that federal funds to Indiana are continued.
(b) An agreement between the state and the United StatesSecretary of Commerce entered into under 23 U.S.C. 131 mustcontain the definition of "unzoned commercial or industrial area"found in IC 8-23-1-43. If the state has received from the Secretary aformal notice of a proposed determination to withhold funds from thestate because of an asserted unacceptability of the definition, thegovernor shall modify the definition. The modification may be madeduring a hearing on the notice held by the Secretary under 23 U.S.C.131, or, if as a matter of law the Secretary decides to withhold fundsprior to a hearing, the governor:
(1) may modify the definition before a hearing; and
(2) shall request a hearing under 23 U.S.C. 131.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-2
Form of agreements; negotiation
Sec. 2. The regulatory standards set forth in an agreementdescribed in section 1(a) of this chapter must be consistent withcustomary use in Indiana. The agreement must be in a form that is inthe best interests of the state and may be of a duration and subject toterms and provisions for modification that the governor considersadvisable. In negotiating the agreement, the governor shall considerthe following factors:
(1) The actual availability of federal funds.
(2) The imminence of a sanction against the state for a violationof 23 U.S.C. 131.
(3) The enactment of an amendment to 23 U.S.C. 131 or theregulations promulgated under 23 U.S.C. 131, or the possibilityof an amendment.
(4) The scope of an agreement entered into by another statewith the Secretary under 23 U.S.C. 131.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-3
Determination of legality of Secretary's actions
Sec. 3. The attorney general shall institute proceedings under 23U.S.C. 131 to obtain a judicial determination of the legality of thedetermination of the United States Secretary of Commerce if theSecretary makes a final determination to: (1) withhold funds from Indiana;
(2) fail to agree with Indiana as to the size, lighting, and spacingof signs; or
(3) fail to agree with Indiana as to unzoned commercial orindustrial areas in which signs may be erected and maintained.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-4
Signs in adjacent areas; standards
Sec. 4. Signs located in an adjacent area must conform to thestandards of size, lighting, and spacing set forth in rules adopted bythe department under the provisions of an agreement under section1 of this chapter.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-5
Signs in unzoned and zoned commercial and industrial areas
Sec. 5. Signs located in unzoned commercial or industrial areasand zoned commercial or industrial areas must conform to thestandards of size, lighting, and spacing set forth in rules adopted bythe department under the provisions of an agreement under section1 of this chapter.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-6
Prohibited signs
Sec. 6. The following signs may not be erected or maintained inan adjacent area:
(1) Signs that are illegal under state statutes or rules.
(2) Signs not securely affixed to a substantial structure.
(3) Signs that attempt or appear to attempt to regulate, warn, ordirect the movement of traffic or that interfere with, imitate, orresemble an official traffic sign, signal, or device.
(4) Signs erected or maintained upon trees, or painted or drawnupon rocks or other natural features.
(5) Signs that are not consistent with this chapter.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-7
Authorized signs
Sec. 7. The following signs may be erected outside of urban areasbeyond six hundred and sixty (660) feet of the right-of-way visiblefrom the traveled way of a highway on the interstate or primarysystem with the intent of a message being read from the traveledway:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property uponwhich the signs are located.
(3) Signs indicating the name of the business, activities, orprofession conducted on the property, or identifying the goods
produced or sold, or services rendered on the property.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-8
Directional signs within 200 feet of right-of-way
Sec. 8. A person may not erect or maintain in the right-of-way ofa highway in the state highway system, or within two hundred (200)feet of the right-of-way, a sign or device directing or indicating onwhat highway or route a person should travel to reach a designatedplace or highway without the written consent of the department. Thedepartment may remove a sign or device erected or maintained inviolation of this section.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-9
Removal of previously existing nonconforming signs
Sec. 9. (a) A sign lawfully erected in an adjacent area that doesnot conform to this chapter after June 30, 1968, is not required to beremoved until the end of the fifth year after the sign becomesnonconforming.
(b) A sign located beyond six hundred sixty (660) feet of theright-of-way, visible from the traveled way of a highway on theinterstate or primary system, that was lawfully erected before July 1,1976, and does not conform to this chapter is not required to beremoved until the end of the fifth year after the sign becomesnonconforming.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-10
Acquisition of nonconforming signs
Sec. 10. The department may acquire and shall pay justcompensation for the removal of signs that do not conform to thischapter. A removal by the department or sign owner under thischapter constitutes a taking, and the owner shall be compensatedunder IC 32-24-1. Compensation shall be paid for the following:
(1) The taking from the owner of a sign of all rights, titles, andinterests in the sign, and of the owner's leasehold or otherinterest in the land.
(2) The taking from the owner of the real property on which thesign is located and of the right to erect and maintain signs onthe real property.
As added by P.L.18-1990, SEC.229. Amended by P.L.2-2002,SEC.50.
IC 8-23-20-11
Payment of compensation
Sec. 11. Compensation under section 10 of this chapter shall bepaid to a person entitled to compensation upon the presentation to thedepartment of information that the department requires. The claimfor compensation must be filed within one hundred eighty (180) days
after the removal is completed. The state's share of the compensationshall be paid from funds appropriated under this section.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-12
Compensation determination; civil actions
Sec. 12. If a claimant under section 11 of this chapter and thedepartment do not reach agreement on the amount of compensationto be paid within one hundred twenty (120) days after the claim isfiled, the claimant may file a civil action to have the compensationdetermined. An action under this section shall be filed in a court ofgeneral jurisdiction in either the county where the sign and realproperty are located or in the county in which the claimant resides.The county of residence of a corporation shall be determined underthe applicable statutes. An action under this section shall be filed notlater than one (1) year after the filing with the department of a claimfor compensation under section 10 of this chapter.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-13
Enforcement of chapter
Sec. 13. (a) The department shall enforce this chapter.
(b) When the department is notified by a governmental agency ofa possible violation of this chapter, the department shall determinewhether a violation exists. Whenever the department determines aviolation exists, the department shall enter a resolution setting out thenature, extent, and location of the violation and refer the resolutionto the attorney general.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-14
Injunctions; criminal proceedings
Sec. 14. Whenever the attorney general receives a resolutionunder section 13 of this chapter, the attorney general shall commencean action in a court having jurisdiction to enjoin the violation of thischapter. The attorney general may also request the prosecutingattorney of the judicial circuit in which the violation has occurred toinstitute criminal proceedings against the persons responsible forviolation of this chapter. The prosecuting attorney shall institutecriminal proceedings if requested to do so by the attorney general.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-15
Zoning powers; limitations
Sec. 15. (a) Subsection (c) does not apply to signs erected beforeMarch 15, 1986.
(b) A board, commission, council, governmental body, or politicalsubdivision that has the legal authority to zone land has authority tozone areas for commercial or industrial purposes. Except as providedin subsection (c), a zoning action taken by a body described in this
subsection may be taken under this chapter.
(c) A zoning action taken by a body described in subsection (a)will not be accepted under this chapter if the action is:
(1) not part of a comprehensive plan; and
(2) taken primarily to permit the erection of signs in an adjacentarea that is outside an urban area and visible from the traveledway of a highway in the interstate or primary highway system.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-16
Removal, taking, and appropriation of signs; limitations
Sec. 16. (a) Subsection (b) does not apply to:
(1) actions taken by the department under this chapter; or
(2) the removal, taking, or appropriation of a sign, display, ordevice prohibited under section 6 of this chapter.
(b) Before an outdoor advertising sign, display, or device isremoved, taken, or appropriated through the use of zoning or anotherpower or authority of the state, a state agency, or politicalsubdivision:
(1) the value of the sign, display, or device shall be determinedby the taking authority without the use of an amortizationschedule; and
(2) the owners of the sign, display, or device and of the realproperty upon which the sign, display, or device is situated mustbe paid full and just compensation for the taking.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-17
Location of junkyards and scrap metal processing facilities
Sec. 17. A person may not establish, operate, or maintain ajunkyard or scrap metal processing facility that is within onethousand (1,000) feet of the nearest edge of a right-of-way of aninterstate or primary highway, unless the junkyard or facilityconforms to one (1) of the following conditions:
(1) It is screened by natural objects, plantings, fences, or otherappropriate means so it is not visible from the main-traveledway of the system.
(2) It is located within an area that is zoned for industrial use.
(3) It is located within an unzoned industrial area.
(4) It is not visible from the main-traveled way.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-18
Screening of junkyards and scrap metal facilities
Sec. 18. The department shall, if feasible, place a screen on thehighway right-of-way or an area acquired for the purpose between ahighway and a junkyard or a scrap metal processing facility that islawfully located within one thousand (1,000) feet of a highway in theinterstate or primary system so that the junkyard or facility is notvisible from the main-traveled way, unless the junkyard or facility is
located in an industrial area.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-19
Rules and regulations for screening and fencing
Sec. 19. The department shall adopt rules to govern the location,planting, construction, and maintenance of screens and fencesrequired under this chapter.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-20
Acquisition of junkyard or scrap metal processing facilityproperty; relocation and removal costs
Sec. 20. If the department determines that the topography of theland adjoining a highway in the interstate or primary system will notpermit adequate screening of a junkyard or scrap metal processingfacility, or that the screening of a junkyard or facility would not beeconomically feasible, the department may acquire the property onwhich the junkyard or facility stands by gift, purchase, exchange, orcondemnation. The department may pay the costs of relocation,removal, or disposal of a junkyard or facility.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-21
Powers of political subdivisions
Sec. 21. A political subdivision may enact and enforcerequirements for junkyards and scrap metal processing facilities thatare in addition to the requirements of this chapter.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-22
Violations; notice
Sec. 22. (a) A person who violates section 4, 5, or 6 of thischapter commits a Class C infraction. Whenever the departmentdiscovers or is given written notice of a violation by a responsiblegovernment agency, the department shall give thirty (30) days notice,by certified mail, to the owner of the property upon which theviolation exists. If the owner fails to act within thirty (30) days, theneach day of maintenance of the violation beginning on the thirty-firstday constitutes a separate offense.
(b) A person who violates section 7 of this chapter commits aClass C infraction.
(c) A person who violates section 8 of this chapter commits aClass B misdemeanor. Whenever the department discovers or isgiven written notice of a violation by a responsible governmentagency, the department shall give thirty (30) days notice, by certifiedmail, to the owner of the property upon which the violation exists. Ifthe owner fails to act within thirty (30) days, then each day ofmaintenance of the violation beginning on the thirty-first dayconstitutes a separate offense.As added by P.L.18-1990, SEC.229. Amended by P.L.1-1991,SEC.84.
IC 8-23-20-23
Federal aid; acceptance
Sec. 23. The department may accept an allotment of funds by theUnited States, or an agency of the United States, appropriated tocarry out 23 U.S.C. 131. The department shall take any necessaryaction to obtain funds allotted under 23 U.S.C. 131 to receivereimbursement for the federal share of the just compensation paid toowners under sections 10 and 20 of this chapter.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-24
Federal aid; appropriation
Sec. 24. The department may not acquire a sign, the real propertyupon which the sign is situated, a junkyard, or a scrap metalprocessing facility unless:
(1) the acquisition costs are eligible for not less thanseventy-five percent (75%) federal participation;
(2) there are sufficient funds appropriated and immediatelyavailable to Indiana; and
(3) the funds have been apportioned by the federal governmentand notice of the apportionment has been received by the state.
As added by P.L.18-1990, SEC.229.
IC 8-23-20-25
Advertising signs along federally regulated and interstatehighways; permits; rules; registration of signs
Sec. 25. (a) The department shall institute a permit system toregulate the erection and maintenance of outdoor advertising signsalong:
(1) the interstate and primary system, as defined in 23 U.S.C.131(t) on June 1, 1991; and
(2) any other highways where control of outdoor advertisingsigns is required under 23 U.S.C. 131.
(b) Except as provided in subsections (c) and (g) and section25.5(c) of this chapter, a sign may not be erected, operated, used, ormaintained in areas described in subsection (a) unless the owner ofthe sign has obtained a permit under this section.
(c) A permit is not required to erect, operate, use, or maintain thefollowing signs:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property on whichthe sign is located.
(3) Signs that primarily indicate:
(A) the name of the business, activity, or professionconducted;
(B) the types of goods produced or sold; or
(C) the services rendered; on the property on which the sign is located.
(d) Signs in existence on July 1, 1993, and subject to this section:
(1) must comply with the registration system described insubsection (h); and
(2) are subject to the permit requirement after the departmenthas made the determination described in subsection (g).
(e) The department shall adopt rules under IC 4-22-2 to carry outthis section. Rules adopted under this section may be no broader thannecessary to implement 23 U.S.C. 131 and 23 CFR 750.
(f) In addition to the requirements of subsection (e), rules adoptedunder this section must provide the following:
(1) A list of all roadways subject to the permit requirement.
(2) A procedure to appeal adverse determinations of thedepartment under IC 4-21.5, including provisions for judicialreview under IC 4-21.5.
(3) A one-time fee of one hundred dollars ($100) per structuremust accompany the permit application. A permit fee may notbe charged to a sign that is subject to and complies with theregistration system described in subsection (h).
(4) That a permit may not be issued for a sign erected in anadjacent area after January 1, 1968, unless:
(A) the sign is erected in an area described in section 5 ofthis chapter; or
(B) the permit is a conditional permit issued undersubdivision (6).
(5) That a permit may not be issued for a sign erected after June30, 1976, outside of urban areas, beyond six hundred sixty(660) feet of the right-of-way, visible from the traveled way,and erected with the purpose of a message being read from thetraveled way, unless:
(A) the sign is erected in an area described in section 5 ofthis chapter; or
(B) the permit is a conditional permit issued undersubdivision (6).
(6) For the issuance of a conditional permit for anonconforming sign that has not been acquired under section 10of this chapter. A conditional permit issued under thissubdivision may be revoked if the department subsequentlyacquires the sign.
(7) That the department is granted the right to enter the realproperty on which a sign for which a permit under this sectionhas been applied for or issued to perform reasonableexaminations and surveys necessary to administer the permitsystem.
(8) The department may revoke any permit when it is found thatthe permittee has provided false or misleading information andthat such a finding may be cause to subsequently refuse to issuea permit.
(9) Any other provisions necessary to:
(A) administer this section; or (B) avoid sanctions under 23 U.S.C. 131.
(g) A sign that is subject to and complies with the registrationsystem described in subsection (h) may not be declared unlawfuluntil the later of the following:
(1) The department has made a determination of permiteligibility under this section.
(2) December 31, 1993.
(h) A separate application for registration must be submitted tothe department for each structure defined in subsection (d) and must:
(1) be on a form furnished by the department;
(2) signed by the applicant or an individual authorized inwriting to sign for the applicant;
(3) provide information concerning the size, shape, and natureof the advertising sign, display, or device;
(4) provide the sign's actual location with sufficient accuracy toenable the department to locate the sign; and
(5) include a one-time registration fee of twenty-five dollars($25).
(i) A sign that is not registered before January 1, 1994, is a publicnuisance subject to section 26 of this chapter.
(j) Each registrant shall fasten to each advertising sign or devicea label or marker provided by the department that must be plainlyvisible from the traveled way.
As added by P.L.112-1993, SEC.1. Amended by P.L.66-2007, SEC.4.
IC 8-23-20-25.5
Changeable message signs; rules; permits; erection; compliance
Sec. 25.5. (a) The department may adopt rules under IC 4-22-2that provide for the issuance of a permit for a changeable messagesign erected, operated, used, or maintained in areas described insection 25(a) of this chapter.
(b) A permit authorized by this section may not otherwise violatestate or federal law or local ordinances or regulations.
(c) Until the department adopts rules under this section, a personmay erect, operate, or use a changeable message sign in an areadescribed in section 25(a) of this chapter, subject to any otherrequirements of state or federal law or local ordinances orregulations.
(d) This subsection applies to a changeable message sign erectedafter the owner or operator receives a permit from the department.Notwithstanding any rules adopted by the department after theissuance of the permit, a changeable message sign that is incompliance with the rules in effect at the time a permit is granted forthe changeable message sign is considered to be in compliance withthe department's rules.
As added by P.L.66-2007, SEC.5.
IC 8-23-20-26
Signs in violation of chapter; public nuisance; notice; remedies
Sec. 26. (a) A sign that is in violation of this chapter or rules
adopted under this chapter is a public nuisance.
(b) If the department determines that a public nuisance exists, thedepartment shall give notice under subsection (c) to:
(1) the owner of the property on which the public nuisance islocated; and
(2) the owner of the public nuisance, if the owner of the publicnuisance can be determined by reasonable inquiry.
(c) The department shall give notice of the determination underIC 4-21.5-3-6. The notice must include the following information:
(1) The name and address of the owner of the property or theowner of the sign.
(2) A description of the sign, including its location, that hasbeen determined to be a public nuisance under this section.
(3) That the sign has been determined to be a public nuisanceand the reasons for the determination.
(4) That the person receiving the notice has thirty (30) daysafter the date on which the notice was sent to:
(A) remove the sign from the property on which the sign islocated; or
(B) file a petition for review under IC 4-21.5.
(5) That if after thirty (30) days the sign has not been removedor a petition for review has not been filed, the department willremove the sign or cause the sign to be removed.
(6) That if the department removes the sign or causes the signto be removed, the person receiving notice will be charged thecost of the removal of the sign, including all administrativecosts, and a lien will be imposed on the property undersubsection (e).
(7) Any other information the department determines to benecessary.
(d) To qualify for judicial review under IC 4-21.5-5 of a finalagency action taken under this section, the person filing the petitionfor review must post a bond of five thousand dollars ($5,000) withthe clerk of the court in which the petition for review is filed. If thecourt determines that the request for review was:
(1) frivolous;
(2) in bad faith; or
(3) taken for the primary purpose of delaying the removal of asign that is in violation of this chapter;
the bond shall be forfeited to the state highway fund.
(e) If after:
(1) thirty (30) days following the date on which the notice wassent under subsection (c):
(A) a petition for review of the determination has not beenfiled; and
(B) the sign that is determined to be a public nuisance hasnot been removed; or
(2) a petition for review has been filed, a final determinationthat the sign is a public nuisance has been made, and the signthat is determined to be a public nuisance has not been
removed;
the department shall enter the property and remove the publicnuisance or cause the public nuisance to be removed. The departmentshall bill the owner of the property on which a sign that isdetermined to be a public nuisance is located for the cost of theremoval. If the bill remains unpaid for at least thirty (30) daysfollowing the date on which the bill was issued, the department shallfile the bill with the clerk of the circuit court of the county in whichthe property is located. The clerk shall immediately enter the bill onthe judgment docket against the owner of the property as a lienagainst the property. The lien may be foreclosed in the same manneras other judgment liens, without relief from valuation orappraisement laws or right of redemption. Each owner of theproperty on which a sign that is determined to be a public nuisanceis located is jointly and severally liable for the costs of the removalof the sign under this subsection.
(f) A lease or other contract for the display of a sign that isdetermined to be a public nuisance under this section is againstpublic policy and may not be enforced. An owner from whom thecosts of removing a sign that is determined to be a public nuisanceare collected under subsection (e) is entitled to contribution from anyother owners of the property.
As added by P.L.112-1993, SEC.2.