IC 8-23-6
    Chapter 6. State Highways in Municipalities

IC 8-23-6-1
Selection of routes; maintenance; construction of drainagestructures
    Sec. 1. (a) The department shall select the route of highways inthe system of highways under its control through cities and towns,and may change the routes as the department determines mostconvenient for public travel.
    (b) Notwithstanding subsection (a) and in or near the city ofMishawaka, Indiana, the portion of Capital Avenue lying between:
        (1) the most recently established US 20 bypass as of January 1,1997; and
        (2) the Indiana toll road;
is designated state route number three hundred thirty-one (331).
    (c) The department, to the extent of the funds available for thepurpose, shall maintain and, as it determines necessary and as thefunds required are available, may construct and improve the roadwayof the streets or a part of the streets to the width determined by thedepartment. As part of the construction work, the department shallconstruct within the limits of a street the curbs and gutters, manholes,catch basins, and the necessary drainage structures and facilities.
    (d) Notwithstanding subsection (c), funds for the construction orimprovement of the road designated as state route three hundredthirty-one (331) under subsection (b), to the extent funds areavailable for the construction or improvement, shall first beexhausted from:
        (1) revenue declared excess by the Indiana toll road;
        (2) federal aid designated for the local metropolitan planningorganization;
        (3) city and county highway funds used for such purpose; and
        (4) revenue generated from local incremental finance districts;
before any funds designated to the department are used forconstruction or improvement of state route three hundred thirty-one(331).
As added by P.L.18-1990, SEC.215. Amended by P.L.89-1997,SEC.2.

IC 8-23-6-2
Construction of outside drainage facilities and sidewalks
    Sec. 2. If the construction of a street necessitates the constructionof adequate connecting facilities outside the limits of the street toprovide for drainage of the street, the necessary mains, laterals, andconnections shall be provided for in the plans, included as part of theconstruction cost, and paid out of the department's appropriation.However, if the drainage facilities outside the street are to be usedfor a purpose or purposes in addition to that of draining the street, aproportionate share of the cost of construction shall be paid by thebeneficiaries of the drainage other than the department in a ratio of

the amount of waste water attributable to the other users as comparedwith the total capacity of the drainage facilities. The department shalldetermine the ratio. The department need not proceed withconstruction until the time that an agreement with the municipalityhas been effected concerning the payment of costs for drainage useother than that which is required for state highway drainage. If theconstruction of a street in the state highway system within theboundaries of a city or town necessitates the construction of a bridge,overhead or subway structure, and sidewalks are required as a partof the structure, the sidewalks shall be provided for in the plans,included as part of the construction cost, and paid out of thedepartment's funds.
As added by P.L.18-1990, SEC.215.

IC 8-23-6-3
Construction and maintenance of streets surrounding railwaytracks, pipes and conduits, drainage facilities, and sidewalks;regulation of traffic
    Sec. 3. (a) Whenever a street on the state highway system islocated within the boundaries of a city or town and is occupied bythe track or tracks of a street railway, interurban railway, or steamrailroad, the department is not required to maintain, construct, orimprove the part of the street between the track or tracks and foreighteen (18) inches on the outside of the outer rails. The departmentshall include as part of the construction cost and pay out ofdepartment funds any expenditures necessitated by the acquisition ofsufficient rights-of-way to construct the street.
    (b) If there are any tracks, pipes, or conduits in a street, thedepartment may, after determining to construct or improve the street,require the owner to restore to good condition or renew the tracks,pipes, or conduits. The owner, within ninety (90) days after beingnotified to do so, shall restore or renew the tracks, pipes, or conduits.For tracks, the owner shall pave the part of the street between therails of the tracks and eighteen (18) inches on the outside inconformity with plans approved by the department.
    (c) If the construction work on tracks, pipes, or conduits involveswork of a nature as to be impractical or impossible of performanceas a separate unit, the department may by agreement with the ownerperform the work for which the owner shall reimburse thedepartment for the cost.
    (d) Upon the completion of a street, the department shall maintainthe roadway of the street, including the curbs and gutters, catchbasins, and inlets within the limits of the street or highway that formintegral parts of the street or highway. The city or town shallmaintain the sidewalks, grass plats, and the connecting drainagefacilities.
    (e) Whenever the department has responsibility for maintenanceof a street within a city or town, the department shall regulate trafficin accordance with IC 9-21 on the street and may remove any hazardto traffic.As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991,SEC.64.

IC 8-23-6-4
Business routes; improvement and maintenance
    Sec. 4. Whenever:
        (1) the department designates a business route or a special routeas an alternate to a state highway;
        (2) the route is laid out through a city or town; and
        (3) no other state highway is routed over the business oralternate route;
the city or town is responsible for any improvements to ormaintenance of the street.
As added by P.L.18-1990, SEC.215.

IC 8-23-6-5
Construction, improvement, and maintenance by municipalities
    Sec. 5. This chapter does not annul, limit, or abridge the right ofa city or town, either at its own expense or at the expense of propertyowners subject to assessment, to improve the sidewalks and curbsalong a street forming the route of a state highway, to constructsewers and drains, or to construct or maintain a part of the roadwayof the street not improved or maintained by the department. The cityor town shall provide adequate drainage for the street except asotherwise provided in this chapter. Except as expressly provided inthis chapter and subject to IC 9-21, this chapter does not limit theright of a city or town to regulate traffic over a street over which ahighway is routed or to relieve the city or town of liability nowimposed by law. The cost of improvement, except as otherwiseprovided in this chapter, shall be paid for out of the fundsappropriated to the department. Whenever a person, firm, limitedliability company, or corporation, other than a municipal corporation,is required or obligated by a law, ordinance, or contract to keep inrepair or to maintain or to construct a street, any part of a street, orany railroad, interurban railroad, or street railroad crossing, or anystructure or bridge thereon, this chapter does not relieve the person,firm, limited liability company, or corporation or the receiver thereoffrom the duty, obligation, or contract.
As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991,SEC.65; P.L.8-1993, SEC.153.

IC 8-23-6-6
Excavations, obstructions, and utility work; restrictions; violations
    Sec. 6. (a) An opening may not be made in:
        (1) a highway in the state highway system;
        (2) the right-of-way of a state highway; or
        (3) the roadway of a street of a city or town over which a statehighway is routed and which the department is required tomaintain;
and a structure or obstruction may not be placed in a highway or

roadway of a state highway without the consent of the department.A highway or roadway may not be dug up for laying or placing apipe, sewer, pole, wire, conduit, track, or railway or for any otherpurpose, and trees may not be removed from the right-of-way of astate highway without the written permit of the department, and thenonly in accordance with the rules of the department. The work shallbe done under the supervision and to the satisfaction of thedepartment, and the entire expense of restoring the highway or streetin as good condition as before shall be paid by the person to whomthe permit is given.
    (b) The department may require, before the granting of a permit,that a sufficient bond be given, or cash deposit made, to insure therestoration of the highway or street. In granting a permit, thedepartment may designate the place in the street, highway, orright-of-way thereof where the pipe, sewer, pole, wire, conduit, track,railway, or other device or thing may be constructed.
    (c) A person who violates this section commits a Class Cinfraction.
As added by P.L.18-1990, SEC.215.