CHAPTER 8. LIMITED ACCESS FACILITIES
IC 8-23-8
Chapter 8. Limited Access Facilities
IC 8-23-8-1
Planning, construction, maintenance, and regulation
Sec. 1. The department and the highway authorities of thecounties and municipalities, acting alone or in cooperation with eachother or any federal agency, or state or local agency of another statehaving authority to participate in the construction and maintenanceof highways, may plan, designate, establish, regulate, vacate, alter,improve, maintain, and provide limited access facilities for publicuse on all or any part of a highway whenever the department orauthority that has jurisdiction over the highway determines thattraffic conditions, present or future, will justify the facilities. Thedepartment or a highway authority that has jurisdiction over ahighway may regulate, restrict, or prohibit the use of limited accessfacilities on that highway by various classes of vehicles or traffic.
As added by P.L.18-1990, SEC.217. Amended by P.L.87-1991,SEC.2.
IC 8-23-8-1.3
Commerce corridors
Sec. 1.3. (a) The department shall do the following:
(1) Determine commerce corridors within Indiana.
(2) Determine the level of service of each commerce corridor.
(3) Establish procedures for maintaining the level of service ina commerce corridor.
(4) Adopt an improvement plan for each commerce corridor thatdoes not meet its prescribed level of service.
(b) The department may determine the feasibility of usingrecycled materials in the improvement of commerce corridors.
(c) Determinations under this section shall be in conformancewith any similar highway designation made by the federal highwayadministration.
As added by P.L.87-1991, SEC.3.
IC 8-23-8-2
Division into separate roadways
Sec. 2. The department and the highway authorities may divide alimited access facility into separate roadways by the construction ofraised curbings, central dividing sections, or other physicalseparations, or by designating the separate roadways by signs,markers, stripes, and other devices and indicate the proper lane fortraffic by appropriate signs, markers, stripes, and other devices.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-3
Acquisition of property and property rights
Sec. 3. (a) The department or a highway authority may acquireprivate or public property and property rights for limited access
facilities and service roads, including rights of access, air, view, andlight, by gift, devise, purchase, or condemnation for the laying out,widening, or improvement of highways and streets within theirrespective jurisdictions.
(b) In the acquisition of property or property rights for a limitedaccess facility or a service road connected with a facility, the state,county, or municipality may acquire an entire lot, block, or tract ofland, if the interests of the public will be best served, even though theentire lot, block, or tract is not immediately needed for theright-of-way.
(c) Court proceedings necessary to acquire property or propertyrights under this section take precedence over all other causes notinvolving the public interest in all courts.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-4
Designation; elimination of intersections
Sec. 4. (a) The department or the highway authority of a countyor municipality may designate and establish limited access facilitiesas new and additional facilities or may designate and establish anexisting street or highway as included within a limited accessfacility.
(b) The department, county, or municipality may provide for theelimination of intersections at grade of limited access facilities withexisting state and county roads and municipal streets by:
(1) grade separation or service road; or
(2) closing off the roads and streets at the right-of-wayboundary line of the limited access facility.
(c) After the establishment of a limited access facility, a highwayor street that is not part of the facility may not intersect the facilityat grade.
(d) A municipal street, a county or state highway, or other publicway may not be opened into or connected with a limited accessfacility without the prior consent of the authority having jurisdictionover the facility. Consent under this subsection may be given only ifthe public interest is served.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-5
Bypass highways
Sec. 5. Whenever the department constructs a bypass highwayaround a municipality, the department shall designate the bypasshighway as a limited access facility.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-6
Joint agreements; counties, municipalities, and federal government
Sec. 6. (a) The department may enter into agreements with acounty, municipality, or the federal government concerning limitedaccess facilities or other public ways under their jurisdiction under
this chapter or any other state or federal law authorizing cooperationto carry out this chapter.
(b) A county or municipality may enter into agreements with thefederal government concerning limited access facilities or otherpublic ways under its jurisdiction under this chapter or any otherstate or federal law authorizing cooperation to carry out this chapter.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-7
Local service roads; access roads to service facilities
Sec. 7. (a) The department, a county, or a municipality may plan,designate, establish, use, regulate, alter, improve, maintain, andvacate local service roads and streets, or designate as local serviceroads and streets existing roads or streets, and exercise jurisdictionover service roads under this chapter if the department, county, ormunicipality determines the service roads or streets are necessary ordesirable. The local service roads or streets must be:
(1) of appropriate design; and
(2) separated from the limited access facility by all devicesdesignated necessary or desirable by the proper authority.
(b) The department, to permit the establishment of adequate fuelor other service facilities by private owners or lessees for the usersof a limited access facility, shall provide for access roads within thestate's right-of-way of a limited access facility at points that will bestserve the public interest.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-8
Ingress and egress to and from abutting lands
Sec. 8. A person is not entitled to ingress or egress to, from, oracross limited access facilities to or from abutting lands, except atdesignated access points, as specified by rule.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-9
Offenses
Sec. 9. (a) A person may not do any of the following upon alimited access facility:
(1) Drive a vehicle over, upon, or across a curb, central dividingsection, or other separation or dividing line.
(2) Make a left turn or a semicircular or U-turn except throughan opening provided for the purpose in the dividing curb,separation, section, or line.
(3) Drive a vehicle except in the proper lane provided for thatpurpose, in the proper direction, and to the right of the centraldividing curb, separation, section, or line.
(4) Drive a vehicle into the facility from a local service roadexcept through an opening provided for that purpose in thedividing curb, section, separation, or line that separates the localservice road from the facility. (b) A person who violates this section commits a Class Cinfraction.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-10
State Road 331 in St. Joseph County
Sec. 10. (a) As used in this section, "designated highway" refersto the highway designated as a limited access facility undersubsection (b).
(b) The department shall designate and do all acts necessary toestablish the part of State Road 331 in St. Joseph County from theU.S. Highway 20 bypass to State Road 23 as a limited access facility.The designated highway shall be in operation as a limited accessfacility beginning not later than January 1, 2009.
(c) Neither the department nor any political subdivision mayauthorize any additional curb cuts or intersections after January 1,2009, on the designated highway. The department shall limitintersections on the designated highway to the following locations:
(1) U.S. Highway 20 bypass.
(2) Ireland Road.
(3) Dragoon Trail.
(4) Twelfth Street (also known as Harrison Road).
(5) Indiana 933 (also known as Lincoln Way).
(6) Jefferson Boulevard.
(7) McKinley Highway.
(8) Day Road.
(9) Douglas Road.
(10) Cleveland Road.
(11) Joseph D. Zappia Boulevard directly across from theIndiana Toll Road interchange.
(12) State Road 23.
(d) No traffic signal may be erected at the intersection describedin subsection (c)(2).
As added by P.L.182-2009(ss), SEC.279. As amended byP.L.69-2010, SEC.1.