IC 8-23 ARTICLE 23. INDIANA DEPARTMENT OF
TRANSPORTATION
IC 8-23-1
Chapter 1. Definitions
IC 8-23-1-1 Application throughout article
Sec. 1. The definitions in this chapter apply throughout this
article. 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Repealed
(Repealed by P.L.18-1990, SEC.299.)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Repealed
(Repealed by P.L.18-1990, SEC.299.)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Repealed
(Repealed by P.L.18-1990, SEC.299.)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Repealed
(Repealed by P.L.18-1990, SEC.299.)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Repealed
(Repealed by P.L.18-1990, SEC.299.)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-way
activity upon a site with no intention to reclaim or use the site again
for 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 and
within six hundred sixty (660) feet of the nearest edge of the
right-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 primarily
for 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 for
through 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 authority
established 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 place
of business that is maintained, used, or operated for storing, keeping,
buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles 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 that
satisfies 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 trimovement
signs. 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 recognized
system of highways that:
(1) directly facilitates intrastate, interstate, or international
commerce and travel;
(2) enhances economic vitality and international
competitiveness; or
(3) provides service to all parts of Indiana and the United
States. As added by P.L.87-1991, SEC.1.
IC 8-23-1-15 "Commissioner" defined
Sec. 15. "Commissioner" refers to the commissioner of the
department. 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 of
highways designated by the county highway authority as having the
greatest general importance to the county and for which
responsibility 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 and
streets used primarily for access to residence, business, farm, or other
abutting property and for which responsibility is assigned to the
county 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 similar
construction of concrete or other material, along the margin of a
roadway as a limit to the roadway and a restraint upon and protection
to 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 of
transportation 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 historical
attractions that are required or authorized by law and conform to the
national standards adopted by the United States Secretary of
Commerce 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 sign
capable 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 or
establish. The term does not include an activity performed as an
incident to the change of an advertising message or normal
maintenance 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-county
council. 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 to
relocate existing facilities that is either:
(1) more than ten percent (10%) of the total operating revenue
received by the utility during the utility's most recent full fiscal
year; or
(2) more than fifty percent (50%) of the total estimated cost of
a proposed highway or bridge construction or improvement
project. 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 for
purposes of vehicular traffic, including the entire area within the
right-of-way. However, the term does not include a highway for
purposes 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 established
and maintained at safety rest areas for the purpose of informing the
public of places of interest within Indiana and providing other
information 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 system
of interstate and defense highways located within Indiana as
officially designated by the department and approved by the United
States 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 old
scrap 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 business
that is maintained, operated, or used for storing, keeping, buying, or
selling junk, or for the maintenance or operation of an automobile
graveyard. The term includes garbage dumps and sanitary fills. The
term 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 street
designed for through traffic, over, from, or to which owners or
occupiers of abutting land or other persons have either no right or
easement or a limited right or easement of direct access, light, air, or
view because their property abuts upon the limited access facility or
for any other reason. The highways or streets may be parkways from
which trucks, busses, and other commercial vehicles are excluded or
freeways open to use by all customary forms of highway and street
traffic. 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 a
highway on which through traffic is carried. For a divided highway,
the term includes the traveled way of each of the separated roadways
for traffic in opposite directions. The term does not include frontage
roads, 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 of
arterial streets and highways designated by the municipal street
authority as having the greatest importance to the municipality and
for 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 streets
used primarily for access to residence, business, or other abutting
property and for which responsibility is assigned to the municipal
street 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 main
highways as officially designated by the department and approved by
the 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 portland
concrete 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 and
maintained within adjacent areas by or under public supervision or
control 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 establishment
having facilities for processing iron, steel, or nonferrous metal and
whose 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 of
Transportation. 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 to
advertise 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 administrative
officer of the office of the department that administers programs of
state and federal aid to local units of government, or the officer's
designee. 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 highways
and streets that are of general economic importance to Indiana as a
whole 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, as
determined by the department, when the construction of the contract
is sufficiently completed in accordance with the plans and
specifications, as modified by any change orders, so that the
construction 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 evaluating
transportation policy objectives and projecting specific long range
comprehensive 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 the
movement of vehicles. The term does not include shoulders or
auxiliary 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 an
adjacent area not zoned under state or local statute, rule, or ordinance
on which there is located one (1) or more permanent structures for
commercial or industrial activities other than a sign or upon which
a commercial or an industrial activity is actually conducted, whether
or not there is a permanent structure located upon the adjacent area,
and the area:
(1) extending six hundred (600) feet beyond the edge of the
commercial or industrial activity as determined under
subsection (c); and
(2) located along either side of an interstate or a primary
highway.
The term does not include land contiguous to an interstate or a
primary 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 primarily
as a residence, unless the owner of the building consents in
writing 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, or
historical 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 of
motorists, publicly owned, controlled, and maintained under
23 U.S.C. 319.
(3) Within seven hundred fifty (750) feet of a strip of land in
which an interest has been acquired by the state for the
restoration, preservation, or enhancement of scenic beauty that
is publicly controlled and maintained under 23 U.S.C. 319.
(c) Distance from a commercial or an industrial activity described
under subsection (a):
(1) must be:
(A) measured from the outer edges of the regularly used
building, parking lot, storage areas, or processing areas of
the 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 the
commercial or industrial activity, unless the property line is
located 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, the
part of the area that lies within the boundaries of Indiana; or
(3) an urban place designated by the Bureau of the Census
having a population of at least five thousand (5,000) that is not
within an urbanized area and is within boundaries cooperatively
established 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 not
legible) without visual aid by a person of normal visual acuity using
the 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 be
followed in implementing a transportation plan, including the
following:
(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 areas
that are zoned for business, industry, commerce, or trade under a
zoning ordinance. As added by P.L.18-1990, SEC.205.
IC 8-23 ARTICLE 23. INDIANA DEPARTMENT OF
TRANSPORTATION
IC 8-23-1
Chapter 1. Definitions
IC 8-23-1-1 Application throughout article
Sec. 1. The definitions in this chapter apply throughout this
article. 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-way
activity upon a site with no intention to reclaim or use the site again
for 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 and
within six hundred sixty (660) feet of the nearest edge of the
right-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 primarily
for 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 for
through 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 authority
established 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 place
of business that is maintained, used, or operated for storing, keeping,
buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles 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 that
satisfies 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 trimovement
signs. 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 recognized
system of highways that:
(1) directly facilitates intrastate, interstate, or international
commerce and travel;
(2) enhances economic vitality and international
competitiveness; or
(3) provides service to all parts of Indiana and the United
States. As added by P.L.87-1991, SEC.1.
IC 8-23-1-15 "Commissioner" defined
Sec. 15. "Commissioner" refers to the commissioner of the
department. 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 of
highways designated by the county highway authority as having the
greatest general importance to the county and for which
responsibility 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 and
streets used primarily for access to residence, business, farm, or other
abutting property and for which responsibility is assigned to the
county 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 similar
construction of concrete or other material, along the margin of a
roadway as a limit to the roadway and a restraint upon and protection
to 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 of
transportation 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 historical
attractions that are required or authorized by law and conform to the
national standards adopted by the United States Secretary of
Commerce 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 sign
capable 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 or
establish. The term does not include an activity performed as an
incident to the change of an advertising message or normal
maintenance 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-county
council. 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 to
relocate existing facilities that is either:
(1) more than ten percent (10%) of the total operating revenue
received by the utility during the utility's most recent full fiscal
year; or
(2) more than fifty percent (50%) of the total estimated cost of
a proposed highway or bridge construction or improvement
project. 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 for
purposes of vehicular traffic, including the entire area within the
right-of-way. However, the term does not include a highway for
purposes 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 established
and maintained at safety rest areas for the purpose of informing the
public of places of interest within Indiana and providing other
information 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 system
of interstate and defense highways located within Indiana as
officially designated by the department and approved by the United
States 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 old
scrap 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 business
that is maintained, operated, or used for storing, keeping, buying, or
selling junk, or for the maintenance or operation of an automobile
graveyard. The term includes garbage dumps and sanitary fills. The
term 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 street
designed for through traffic, over, from, or to which owners or
occupiers of abutting land or other persons have either no right or
easement or a limited right or easement of direct access, light, air, or
view because their property abuts upon the limited access facility or
for any other reason. The highways or streets may be parkways from
which trucks, busses, and other commercial vehicles are excluded or
freeways open to use by all customary forms of highway and street
traffic. 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 a
highway on which through traffic is carried. For a divided highway,
the term includes the traveled way of each of the separated roadways
for traffic in opposite directions. The term does not include frontage
roads, 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 of
arterial streets and highways designated by the municipal street
authority as having the greatest importance to the municipality and
for 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 streets
used primarily for access to residence, business, or other abutting
property and for which responsibility is assigned to the municipal
street 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 main
highways as officially designated by the department and approved by
the 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 portland
concrete 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 and
maintained within adjacent areas by or under public supervision or
control 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 establishment
having facilities for processing iron, steel, or nonferrous metal and
whose 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 of
Transportation. 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 to
advertise 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 administrative
officer of the office of the department that administers programs of
state and federal aid to local units of government, or the officer's
designee. 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 highways
and streets that are of general economic importance to Indiana as a
whole 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, as
determined by the department, when the construction of the contract
is sufficiently completed in accordance with the plans and
specifications, as modified by any change orders, so that the
construction 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 evaluating
transportation policy objectives and projecting specific long range
comprehensive 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 the
movement of vehicles. The term does not include shoulders or
auxiliary 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 an
adjacent area not zoned under state or local statute, rule, or ordinance
on which there is located one (1) or more permanent structures for
commercial or industrial activities other than a sign or upon which
a commercial or an industrial activity is actually conducted, whether
or not there is a permanent structure located upon the adjacent area,
and the area:
(1) extending six hundred (600) feet beyond the edge of the
commercial or industrial activity as determined under
subsection (c); and
(2) located along either side of an interstate or a primary
highway.
The term does not include land contiguous to an interstate or a
primary 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 primarily
as a residence, unless the owner of the building consents in
writing 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, or
historical 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 of
motorists, publicly owned, controlled, and maintained under
23 U.S.C. 319.
(3) Within seven hundred fifty (750) feet of a strip of land in
which an interest has been acquired by the state for the
restoration, preservation, or enhancement of scenic beauty that
is publicly controlled and maintained under 23 U.S.C. 319.
(c) Distance from a commercial or an industrial activity described
under subsection (a):
(1) must be:
(A) measured from the outer edges of the regularly used
building, parking lot, storage areas, or processing areas of
the 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 the
commercial or industrial activity, unless the property line is
located 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, the
part of the area that lies within the boundaries of Indiana; or
(3) an urban place designated by the Bureau of the Census
having a population of at least five thousand (5,000) that is not
within an urbanized area and is within boundaries cooperatively
established 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 not
legible) without visual aid by a person of normal visual acuity using
the 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 be
followed in implementing a transportation plan, including the
following:
(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 areas
that are zoned for business, industry, commerce, or trade under a
zoning ordinance. As added by P.L.18-1990, SEC.205.
IC 8-23 ARTICLE 23. INDIANA DEPARTMENT OF
TRANSPORTATION
IC 8-23-1
Chapter 1. Definitions
IC 8-23-1-1 Application throughout article
Sec. 1. The definitions in this chapter apply throughout this
article. 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-way
activity upon a site with no intention to reclaim or use the site again
for 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 and
within six hundred sixty (660) feet of the nearest edge of the
right-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 primarily
for 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 for
through 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 authority
established 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 place
of business that is maintained, used, or operated for storing, keeping,
buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles 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 that
satisfies 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 trimovement
signs. 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 recognized
system of highways that:
(1) directly facilitates intrastate, interstate, or international
commerce and travel;
(2) enhances economic vitality and international
competitiveness; or
(3) provides service to all parts of Indiana and the United
States. As added by P.L.87-1991, SEC.1.
IC 8-23-1-15 "Commissioner" defined
Sec. 15. "Commissioner" refers to the commissioner of the
department. 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 of
highways designated by the county highway authority as having the
greatest general importance to the county and for which
responsibility 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 and
streets used primarily for access to residence, business, farm, or other
abutting property and for which responsibility is assigned to the
county 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 similar
construction of concrete or other material, along the margin of a
roadway as a limit to the roadway and a restraint upon and protection
to 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 of
transportation 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 historical
attractions that are required or authorized by law and conform to the
national standards adopted by the United States Secretary of
Commerce 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 sign
capable 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 or
establish. The term does not include an activity performed as an
incident to the change of an advertising message or normal
maintenance 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-county
council. 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 to
relocate existing facilities that is either:
(1) more than ten percent (10%) of the total operating revenue
received by the utility during the utility's most recent full fiscal
year; or
(2) more than fifty percent (50%) of the total estimated cost of
a proposed highway or bridge construction or improvement
project. 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 for
purposes of vehicular traffic, including the entire area within the
right-of-way. However, the term does not include a highway for
purposes 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 established
and maintained at safety rest areas for the purpose of informing the
public of places of interest within Indiana and providing other
information 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 system
of interstate and defense highways located within Indiana as
officially designated by the department and approved by the United
States 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 old
scrap 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 business
that is maintained, operated, or used for storing, keeping, buying, or
selling junk, or for the maintenance or operation of an automobile
graveyard. The term includes garbage dumps and sanitary fills. The
term 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 street
designed for through traffic, over, from, or to which owners or
occupiers of abutting land or other persons have either no right or
easement or a limited right or easement of direct access, light, air, or
view because their property abuts upon the limited access facility or
for any other reason. The highways or streets may be parkways from
which trucks, busses, and other commercial vehicles are excluded or
freeways open to use by all customary forms of highway and street
traffic. 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 a
highway on which through traffic is carried. For a divided highway,
the term includes the traveled way of each of the separated roadways
for traffic in opposite directions. The term does not include frontage
roads, 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 of
arterial streets and highways designated by the municipal street
authority as having the greatest importance to the municipality and
for 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 streets
used primarily for access to residence, business, or other abutting
property and for which responsibility is assigned to the municipal
street 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 main
highways as officially designated by the department and approved by
the 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 portland
concrete 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 and
maintained within adjacent areas by or under public supervision or
control 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 establishment
having facilities for processing iron, steel, or nonferrous metal and
whose 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 of
Transportation. 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 to
advertise 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 administrative
officer of the office of the department that administers programs of
state and federal aid to local units of government, or the officer's
designee. 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 highways
and streets that are of general economic importance to Indiana as a
whole 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, as
determined by the department, when the construction of the contract
is sufficiently completed in accordance with the plans and
specifications, as modified by any change orders, so that the
construction 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 evaluating
transportation policy objectives and projecting specific long range
comprehensive 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 the
movement of vehicles. The term does not include shoulders or
auxiliary 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 an
adjacent area not zoned under state or local statute, rule, or ordinance
on which there is located one (1) or more permanent structures for
commercial or industrial activities other than a sign or upon which
a commercial or an industrial activity is actually conducted, whether
or not there is a permanent structure located upon the adjacent area,
and the area:
(1) extending six hundred (600) feet beyond the edge of the
commercial or industrial activity as determined under
subsection (c); and
(2) located along either side of an interstate or a primary
highway.
The term does not include land contiguous to an interstate or a
primary 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 primarily
as a residence, unless the owner of the building consents in
writing 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, or
historical 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 of
motorists, publicly owned, controlled, and maintained under
23 U.S.C. 319.
(3) Within seven hundred fifty (750) feet of a strip of land in
which an interest has been acquired by the state for the
restoration, preservation, or enhancement of scenic beauty that
is publicly controlled and maintained under 23 U.S.C. 319.
(c) Distance from a commercial or an industrial activity described
under subsection (a):
(1) must be:
(A) measured from the outer edges of the regularly used
building, parking lot, storage areas, or processing areas of
the 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 the
commercial or industrial activity, unless the property line is
located 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, the
part of the area that lies within the boundaries of Indiana; or
(3) an urban place designated by the Bureau of the Census
having a population of at least five thousand (5,000) that is not
within an urbanized area and is within boundaries cooperatively
established 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 not
legible) without visual aid by a person of normal visual acuity using
the 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 be
followed in implementing a transportation plan, including the
following:
(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 areas
that are zoned for business, industry, commerce, or trade under a
zoning ordinance. As added by P.L.18-1990, SEC.205.
