CHAPTER 4. GENERAL HIGHWAY, ROAD, AND STREET PROVISIONS
IC 8-23-4
Chapter 4. General Highway, Road, and Street Provisions
IC 8-23-4-1
Highway and street systems of state
Sec. 1. The highway and street system of Indiana consists of thefollowing:
(1) The state highway system.
(2) A county arterial highway system in each county.
(3) A county local highway system in each county.
(4) A municipal arterial street system in each municipality.
(5) A municipal local street system in each municipality.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-2
State highway system; designation; composition; selection criteria;classification
Sec. 2. (a) The state highway system shall be designated by thedepartment. The total extent of the state highway system may notexceed twelve thousand (12,000) miles. The state highway systemconsists of the principal arterial highways in Indiana and includes thefollowing:
(1) A highway to the seat of government in each county.
(2) Connecting arteries and extensions through municipalities.
(b) In determining the highways or sections of highways that area part of the state highway system, the department shall consider thefollowing:
(1) The relative importance of each highway to county ormunicipal government.
(2) Existing business and land use.
(3) The development of natural resources, industry, andagriculture.
(4) The economic welfare of Indiana.
(5) The safety and convenience of highway users.
(6) The financial capacity of the state to reconstruct, construct,and maintain the highways selected to desirable standards.
(c) The state highway system shall be classified for purposes ofmanagement, establishment of standards, and priority for use offunds and resources. Classification of the system may conform to thedepartment's designation of the state's federal aid system.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-3
County arterial highway systems; selection criteria; addition,relocation, and deletion
Sec. 3. (a) The county arterial highway system shall be selectedby the county executive in each county. The system shall be selectedon the basis of the greatest general importance to the county, after anevaluation of each road in the county, including municipalconnecting links and the state highway system. In selecting the
county system, the executive shall consider the following:
(1) The kind and amount of traffic on a highway.
(2) The length and condition of a highway.
(3) The mileage that can be effectively improved to specifiedstandards with available funds.
(4) Any other applicable data.
The arterial highways selected by the executive under this sectionconstitute the county arterial highway system of that county.
(b) The county executive may from time to time add, relocate, ordelete highways from the county arterial highway system byfollowing the procedure provided in subsection (a).
(c) If a highway or a segment of a highway is deleted from thecounty arterial highway system under subsection (b), the highway orsegment may:
(1) become a part of the county local highway system;
(2) if located in a municipality, become a part of the system ofmajor streets or local streets of the municipality, subject toagreement between the county executive and the highwayauthority of the municipality; or
(3) be abandoned.
(d) All roads under the jurisdiction of the county highwayauthorities of each county not included in a county arterial highwaysystem constitute the county local highway system of that county.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-4
Municipal arterial street systems; selection criteria; addition,relocation, and deletion; municipal local highway systems
Sec. 4. (a) The agency responsible for highways in eachmunicipality with a population of at least five thousand (5,000) shallselect a system of arterial streets for the municipality. The systemshall be selected on the basis of the greatest general importance tothe municipality after an evaluation of each highway in themunicipality. The system may not include highways that are part ofthe state highway system. The system of arterial streets must connectfocal points of traffic interest, provide communication with othercommunities and outlying areas and provide for the continuity of thecounty arterial highway system into or through the municipality. Theagency shall use engineering standards in selecting the streets.
(b) The agency responsible for highways in each municipalitywith a population of less than five thousand (5,000) may limit streetsselected for the arterial street system to extensions of the countyarterial street system or the municipal arterial street system ofadjoining municipalities into or through the municipality.
(c) The system of arterial streets selected by an agency undersubsection (a) or (b) constitutes the municipal arterial street systemof that municipality.
(d) The agency responsible for highways in a municipality mayfrom time to time add, relocate, or delete highways from themunicipal arterial highway system by following the procedure
provided in subsection (a) or (b).
(e) If a highway or a segment of a highway is deleted from themunicipal arterial highway system under subsection (d), it may:
(1) become a part of the municipal local highway system; or
(2) be abandoned.
(f) All roads under the jurisdiction of the agency responsible forthe municipal highways of each municipality not included in amunicipal arterial highway system constitute the municipal localhighway systems of that municipality.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-5
Changes in highway and street systems
Sec. 5. A highway or street system established under this chaptermay not be changed for two (2) years following establishment of thesystem. A system established under this chapter shall be reviewed atfive (5) year intervals, or more frequently if considered desirable,and adjustments found necessary or desirable as a result of a changein conditions may be made.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-6
Highway and street system maps
Sec. 6. The commissioner shall at all times maintain maps ofIndiana, which must show all the highways that constitute the statehighway system, the arterial and local highway systems of eachcounty, and the arterial and local street systems of each municipality.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-7
Cooperation of director with executives and municipalities
Sec. 7. The state aid director shall cooperate with the executivesand municipalities to ensure coordination and continuity between allsystems.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-8
Changes in location of state highways
Sec. 8. The department may change the location of a statehighway for the following reasons:
(1) To reduce the length of the highway.
(2) To eliminate steep grades or sharp turns.
(3) To widen narrow parts.
(4) To promote public convenience and safety.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-9
Abandonment of rights-of-way; reversion or release; consideration
Sec. 9. (a) Whenever the department determines that a part of aright-of-way of a highway will not be needed for highway, street, or
road purposes, or to reach the premises of a person other than theowner of the original right-of-way, the commissioner may, byexecutive order, declare that part of the right-of-way to be no longeruseful or necessary for a highway purpose.
(b) A part of a right-of-way subject to an order under subsection(a) ceases to be a public highway and reverts to the person lawfullyentitled to the reversion.
(c) If the department acquired the right-of-way subject to an orderunder subsection (a) by purchase, the department shall demand aconsideration in money for the release of the right-of-way, and therelease becomes final only upon payment of the consideration. Apayment under this subsection shall be credited to the account of thedepartment and allocated to the fund out of which the right-of-waywas purchased. The amount of consideration must be equal to the fairmarket value of the right-of-way as determined by appraisersemployed by the department.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-10
Transfer of state highways to county and municipal systems
Sec. 10. Whenever the department determines that, because of theconstruction of a new state highway, the relocation of a statehighway, or a change in general function or use, a part of the statehighway system no longer meets the criteria established in section 2of this chapter for a highway in the state system but that the highwaycontinues to serve a useful purpose, that part of the system may betransferred to a county highway system or a municipal street system.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-11
Transfer of county and municipal highways and streets to statesystem
Sec. 11. Whenever a county or municipality determines that,because of a change in general function or use, an arterial or localhighway or street serves a state function, the highway or street maybe transferred to the state system.
As added by P.L.18-1990, SEC.213.
IC 8-23-4-12
Transfer of roads and streets between systems; memorandum
Sec. 12. The transfer of roads or streets between systems requiresa memorandum of agreement signed by both the transferring agencyor unit of government and by the agency or unit of governmentassuming jurisdiction over the road. The memorandum must state thefollowing:
(1) The purpose of the transfer.
(2) The effective date of the transfer.
(3) Any conditions agreed to by the signers.
As added by P.L.18-1990, SEC.213.