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 of
Commerce shall enter into agreements under 23 U.S.C. concerning
the regulation of billboards, signs, junkyards, and scrap metal
processing areas in areas adjacent to the interstate and primary
highway systems. The agreements must conform to the provisions of
23 U.S.C. to ensure that federal funds to Indiana are continued.
(b) An agreement between the state and the United States
Secretary of Commerce entered into under 23 U.S.C. 131 must
contain the definition of "unzoned commercial or industrial area"
found in IC 8-23-1-43. If the state has received from the Secretary a
formal notice of a proposed determination to withhold funds from the
state because of an asserted unacceptability of the definition, the
governor shall modify the definition. The modification may be made
during 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 funds
prior 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 agreement
described in section 1(a) of this chapter must be consistent with
customary use in Indiana. The agreement must be in a form that is in
the best interests of the state and may be of a duration and subject to
terms and provisions for modification that the governor considers
advisable. In negotiating the agreement, the governor shall consider
the following factors:
(1) The actual availability of federal funds.
(2) The imminence of a sanction against the state for a violation
of 23 U.S.C. 131.
(3) The enactment of an amendment to 23 U.S.C. 131 or the
regulations promulgated under 23 U.S.C. 131, or the possibility
of an amendment.
(4) The scope of an agreement entered into by another state
with 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 23
U.S.C. 131 to obtain a judicial determination of the legality of the
determination of the United States Secretary of Commerce if the
Secretary makes a final determination to:
(1) withhold funds from Indiana;
(2) fail to agree with Indiana as to the size, lighting, and spacing
of signs; or
(3) fail to agree with Indiana as to unzoned commercial or
industrial 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 the
standards of size, lighting, and spacing set forth in rules adopted by
the department under the provisions of an agreement under section
1 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 areas
and zoned commercial or industrial areas must conform to the
standards of size, lighting, and spacing set forth in rules adopted by
the department under the provisions of an agreement under section
1 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 in
an 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, or
direct the movement of traffic or that interfere with, imitate, or
resemble an official traffic sign, signal, or device.
(4) Signs erected or maintained upon trees, or painted or drawn
upon 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 areas
beyond six hundred and sixty (660) feet of the right-of-way visible
from the traveled way of a highway on the interstate or primary
system with the intent of a message being read from the traveled
way:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property upon
which the signs are located.
(3) Signs indicating the name of the business, activities, or
profession 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 of
a highway in the state highway system, or within two hundred (200)
feet of the right-of-way, a sign or device directing or indicating on
what highway or route a person should travel to reach a designated
place or highway without the written consent of the department. The
department may remove a sign or device erected or maintained in
violation 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 does
not conform to this chapter after June 30, 1968, is not required to be
removed until the end of the fifth year after the sign becomes
nonconforming.
(b) A sign located beyond six hundred sixty (660) feet of the
right-of-way, visible from the traveled way of a highway on the
interstate or primary system, that was lawfully erected before July 1,
1976, and does not conform to this chapter is not required to be
removed until the end of the fifth year after the sign becomes
nonconforming. 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 just
compensation for the removal of signs that do not conform to this
chapter. A removal by the department or sign owner under this
chapter constitutes a taking, and the owner shall be compensated
under IC 32-24-1. Compensation shall be paid for the following:
(1) The taking from the owner of a sign of all rights, titles, and
interests in the sign, and of the owner's leasehold or other
interest in the land.
(2) The taking from the owner of the real property on which the
sign is located and of the right to erect and maintain signs on
the 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 be
paid to a person entitled to compensation upon the presentation to the
department of information that the department requires. The claim
for compensation must be filed within one hundred eighty (180) days
after the removal is completed. The state's share of the compensation
shall 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 the
department do not reach agreement on the amount of compensation
to be paid within one hundred twenty (120) days after the claim is
filed, the claimant may file a civil action to have the compensation
determined. An action under this section shall be filed in a court of
general jurisdiction in either the county where the sign and real
property are located or in the county in which the claimant resides.
The county of residence of a corporation shall be determined under
the applicable statutes. An action under this section shall be filed not
later than one (1) year after the filing with the department of a claim
for 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 of
a possible violation of this chapter, the department shall determine
whether a violation exists. Whenever the department determines a
violation exists, the department shall enter a resolution setting out the
nature, extent, and location of the violation and refer the resolution
to 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 resolution
under section 13 of this chapter, the attorney general shall commence
an action in a court having jurisdiction to enjoin the violation of this
chapter. The attorney general may also request the prosecuting
attorney of the judicial circuit in which the violation has occurred to
institute criminal proceedings against the persons responsible for
violation of this chapter. The prosecuting attorney shall institute
criminal 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 before
March 15, 1986.
(b) A board, commission, council, governmental body, or political
subdivision that has the legal authority to zone land has authority to
zone areas for commercial or industrial purposes. Except as provided
in 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 adjacent
area that is outside an urban area and visible from the traveled
way 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, or
device prohibited under section 6 of this chapter.
(b) Before an outdoor advertising sign, display, or device is
removed, taken, or appropriated through the use of zoning or another
power or authority of the state, a state agency, or political
subdivision:
(1) the value of the sign, display, or device shall be determined
by the taking authority without the use of an amortization
schedule; and
(2) the owners of the sign, display, or device and of the real
property upon which the sign, display, or device is situated must
be 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 a
junkyard or scrap metal processing facility that is within one
thousand (1,000) feet of the nearest edge of a right-of-way of an
interstate or primary highway, unless the junkyard or facility
conforms to one (1) of the following conditions:
(1) It is screened by natural objects, plantings, fences, or other
appropriate means so it is not visible from the main-traveled
way 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 the
highway right-of-way or an area acquired for the purpose between a
highway and a junkyard or a scrap metal processing facility that is
lawfully located within one thousand (1,000) feet of a highway in the
interstate or primary system so that the junkyard or facility is not
visible 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 fences
required under this chapter. As added by P.L.18-1990, SEC.229.
IC 8-23-20-20 Acquisition of junkyard or scrap metal processing facility
property; relocation and removal costs
Sec. 20. If the department determines that the topography of the
land adjoining a highway in the interstate or primary system will not
permit adequate screening of a junkyard or scrap metal processing
facility, or that the screening of a junkyard or facility would not be
economically feasible, the department may acquire the property on
which the junkyard or facility stands by gift, purchase, exchange, or
condemnation. 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 enforce
requirements for junkyards and scrap metal processing facilities that
are 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 this
chapter commits a Class C infraction. Whenever the department
discovers or is given written notice of a violation by a responsible
government agency, the department shall give thirty (30) days notice,
by certified mail, to the owner of the property upon which the
violation exists. If the owner fails to act within thirty (30) days, then
each day of maintenance of the violation beginning on the thirty-first
day constitutes a separate offense.
(b) A person who violates section 7 of this chapter commits a
Class C infraction.
(c) A person who violates section 8 of this chapter commits a
Class B misdemeanor. Whenever the department discovers or is
given written notice of a violation by a responsible government
agency, the department shall give thirty (30) days notice, by certified
mail, to the owner of the property upon which the violation exists. If
the owner fails to act within thirty (30) days, then each day of
maintenance of the violation beginning on the thirty-first day
constitutes 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 the
United States, or an agency of the United States, appropriated to
carry out 23 U.S.C. 131. The department shall take any necessary
action to obtain funds allotted under 23 U.S.C. 131 to receive
reimbursement for the federal share of the just compensation paid to
owners 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 property
upon which the sign is situated, a junkyard, or a scrap metal
processing facility unless:
(1) the acquisition costs are eligible for not less than
seventy-five percent (75%) federal participation;
(2) there are sufficient funds appropriated and immediately
available to Indiana; and
(3) the funds have been apportioned by the federal government
and 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 interstate
highways; permits; rules; registration of signs
Sec. 25. (a) The department shall institute a permit system to
regulate the erection and maintenance of outdoor advertising signs
along:
(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 advertising
signs is required under 23 U.S.C. 131.
(b) Except as provided in subsections (c) and (g) and section
25.5(c) of this chapter, a sign may not be erected, operated, used, or
maintained in areas described in subsection (a) unless the owner of
the sign has obtained a permit under this section.
(c) A permit is not required to erect, operate, use, or maintain the
following signs:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property on which
the sign is located.
(3) Signs that primarily indicate:
(A) the name of the business, activity, or profession
conducted;
(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 in
subsection (h); and
(2) are subject to the permit requirement after the department
has made the determination described in subsection (g).
(e) The department shall adopt rules under IC 4-22-2 to carry out
this section. Rules adopted under this section may be no broader than
necessary to implement 23 U.S.C. 131 and 23 CFR 750.
(f) In addition to the requirements of subsection (e), rules adopted
under 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 the
department under IC 4-21.5, including provisions for judicial
review under IC 4-21.5.
(3) A one-time fee of one hundred dollars ($100) per structure
must accompany the permit application. A permit fee may not
be charged to a sign that is subject to and complies with the
registration system described in subsection (h).
(4) That a permit may not be issued for a sign erected in an
adjacent area after January 1, 1968, unless:
(A) the sign is erected in an area described in section 5 of
this chapter; or
(B) the permit is a conditional permit issued under
subdivision (6).
(5) That a permit may not be issued for a sign erected after June
30, 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 the
traveled way, unless:
(A) the sign is erected in an area described in section 5 of
this chapter; or
(B) the permit is a conditional permit issued under
subdivision (6).
(6) For the issuance of a conditional permit for a
nonconforming sign that has not been acquired under section 10
of this chapter. A conditional permit issued under this
subdivision may be revoked if the department subsequently
acquires the sign.
(7) That the department is granted the right to enter the real
property on which a sign for which a permit under this section
has been applied for or issued to perform reasonable
examinations and surveys necessary to administer the permit
system.
(8) The department may revoke any permit when it is found that
the permittee has provided false or misleading information and
that such a finding may be cause to subsequently refuse to issue
a 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 registration
system described in subsection (h) may not be declared unlawful
until the later of the following:
(1) The department has made a determination of permit
eligibility under this section.
(2) December 31, 1993.
(h) A separate application for registration must be submitted to
the 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 in
writing to sign for the applicant;
(3) provide information concerning the size, shape, and nature
of the advertising sign, display, or device;
(4) provide the sign's actual location with sufficient accuracy to
enable 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 public
nuisance subject to section 26 of this chapter.
(j) Each registrant shall fasten to each advertising sign or device
a label or marker provided by the department that must be plainly
visible 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 4-22-2
that provide for the issuance of a permit for a changeable message
sign erected, operated, used, or maintained in areas described in
section 25(a) of this chapter.
(b) A permit authorized by this section may not otherwise violate
state or federal law or local ordinances or regulations.
(c) Until the department adopts rules under this section, a person
may erect, operate, or use a changeable message sign in an area
described in section 25(a) of this chapter, subject to any other
requirements of state or federal law or local ordinances or
regulations.
(d) This subsection applies to a changeable message sign erected
after the owner or operator receives a permit from the department.
Notwithstanding any rules adopted by the department after the
issuance of the permit, a changeable message sign that is in
compliance with the rules in effect at the time a permit is granted for
the changeable message sign is considered to be in compliance with
the 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, the
department shall give notice under subsection (c) to:
(1) the owner of the property on which the public nuisance is
located; and
(2) the owner of the public nuisance, if the owner of the public
nuisance can be determined by reasonable inquiry.
(c) The department shall give notice of the determination under
IC 4-21.5-3-6. The notice must include the following information:
(1) The name and address of the owner of the property or the
owner of the sign.
(2) A description of the sign, including its location, that has
been determined to be a public nuisance under this section.
(3) That the sign has been determined to be a public nuisance
and the reasons for the determination.
(4) That the person receiving the notice has thirty (30) days
after the date on which the notice was sent to:
(A) remove the sign from the property on which the sign is
located; or
(B) file a petition for review under IC 4-21.5.
(5) That if after thirty (30) days the sign has not been removed
or a petition for review has not been filed, the department will
remove the sign or cause the sign to be removed.
(6) That if the department removes the sign or causes the sign
to be removed, the person receiving notice will be charged the
cost of the removal of the sign, including all administrative
costs, and a lien will be imposed on the property under
subsection (e).
(7) Any other information the department determines to be
necessary.
(d) To qualify for judicial review under IC 4-21.5-5 of a final
agency action taken under this section, the person filing the petition
for review must post a bond of five thousand dollars ($5,000) with
the clerk of the court in which the petition for review is filed. If the
court 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 a
sign 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 was
sent under subsection (c):
(A) a petition for review of the determination has not been
filed; and
(B) the sign that is determined to be a public nuisance has
not been removed; or
(2) a petition for review has been filed, a final determination
that the sign is a public nuisance has been made, and the sign
that is determined to be a public nuisance has not been
removed;
the department shall enter the property and remove the public
nuisance or cause the public nuisance to be removed. The department
shall bill the owner of the property on which a sign that is
determined to be a public nuisance is located for the cost of the
removal. If the bill remains unpaid for at least thirty (30) days
following the date on which the bill was issued, the department shall
file the bill with the clerk of the circuit court of the county in which
the property is located. The clerk shall immediately enter the bill on
the judgment docket against the owner of the property as a lien
against the property. The lien may be foreclosed in the same manner
as other judgment liens, without relief from valuation or
appraisement laws or right of redemption. Each owner of the
property on which a sign that is determined to be a public nuisance
is located is jointly and severally liable for the costs of the removal
of the sign under this subsection.
(f) A lease or other contract for the display of a sign that is
determined to be a public nuisance under this section is against
public policy and may not be enforced. An owner from whom the
costs of removing a sign that is determined to be a public nuisance
are collected under subsection (e) is entitled to contribution from any
other owners of the property. As added by P.L.112-1993, SEC.2.
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 of
Commerce shall enter into agreements under 23 U.S.C. concerning
the regulation of billboards, signs, junkyards, and scrap metal
processing areas in areas adjacent to the interstate and primary
highway systems. The agreements must conform to the provisions of
23 U.S.C. to ensure that federal funds to Indiana are continued.
(b) An agreement between the state and the United States
Secretary of Commerce entered into under 23 U.S.C. 131 must
contain the definition of "unzoned commercial or industrial area"
found in IC 8-23-1-43. If the state has received from the Secretary a
formal notice of a proposed determination to withhold funds from the
state because of an asserted unacceptability of the definition, the
governor shall modify the definition. The modification may be made
during 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 funds
prior 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 agreement
described in section 1(a) of this chapter must be consistent with
customary use in Indiana. The agreement must be in a form that is in
the best interests of the state and may be of a duration and subject to
terms and provisions for modification that the governor considers
advisable. In negotiating the agreement, the governor shall consider
the following factors:
(1) The actual availability of federal funds.
(2) The imminence of a sanction against the state for a violation
of 23 U.S.C. 131.
(3) The enactment of an amendment to 23 U.S.C. 131 or the
regulations promulgated under 23 U.S.C. 131, or the possibility
of an amendment.
(4) The scope of an agreement entered into by another state
with 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 23
U.S.C. 131 to obtain a judicial determination of the legality of the
determination of the United States Secretary of Commerce if the
Secretary makes a final determination to:
(1) withhold funds from Indiana;
(2) fail to agree with Indiana as to the size, lighting, and spacing
of signs; or
(3) fail to agree with Indiana as to unzoned commercial or
industrial 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 the
standards of size, lighting, and spacing set forth in rules adopted by
the department under the provisions of an agreement under section
1 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 areas
and zoned commercial or industrial areas must conform to the
standards of size, lighting, and spacing set forth in rules adopted by
the department under the provisions of an agreement under section
1 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 in
an 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, or
direct the movement of traffic or that interfere with, imitate, or
resemble an official traffic sign, signal, or device.
(4) Signs erected or maintained upon trees, or painted or drawn
upon 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 areas
beyond six hundred and sixty (660) feet of the right-of-way visible
from the traveled way of a highway on the interstate or primary
system with the intent of a message being read from the traveled
way:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property upon
which the signs are located.
(3) Signs indicating the name of the business, activities, or
profession 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 of
a highway in the state highway system, or within two hundred (200)
feet of the right-of-way, a sign or device directing or indicating on
what highway or route a person should travel to reach a designated
place or highway without the written consent of the department. The
department may remove a sign or device erected or maintained in
violation 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 does
not conform to this chapter after June 30, 1968, is not required to be
removed until the end of the fifth year after the sign becomes
nonconforming.
(b) A sign located beyond six hundred sixty (660) feet of the
right-of-way, visible from the traveled way of a highway on the
interstate or primary system, that was lawfully erected before July 1,
1976, and does not conform to this chapter is not required to be
removed until the end of the fifth year after the sign becomes
nonconforming. 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 just
compensation for the removal of signs that do not conform to this
chapter. A removal by the department or sign owner under this
chapter constitutes a taking, and the owner shall be compensated
under IC 32-24-1. Compensation shall be paid for the following:
(1) The taking from the owner of a sign of all rights, titles, and
interests in the sign, and of the owner's leasehold or other
interest in the land.
(2) The taking from the owner of the real property on which the
sign is located and of the right to erect and maintain signs on
the 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 be
paid to a person entitled to compensation upon the presentation to the
department of information that the department requires. The claim
for compensation must be filed within one hundred eighty (180) days
after the removal is completed. The state's share of the compensation
shall 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 the
department do not reach agreement on the amount of compensation
to be paid within one hundred twenty (120) days after the claim is
filed, the claimant may file a civil action to have the compensation
determined. An action under this section shall be filed in a court of
general jurisdiction in either the county where the sign and real
property are located or in the county in which the claimant resides.
The county of residence of a corporation shall be determined under
the applicable statutes. An action under this section shall be filed not
later than one (1) year after the filing with the department of a claim
for 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 of
a possible violation of this chapter, the department shall determine
whether a violation exists. Whenever the department determines a
violation exists, the department shall enter a resolution setting out the
nature, extent, and location of the violation and refer the resolution
to 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 resolution
under section 13 of this chapter, the attorney general shall commence
an action in a court having jurisdiction to enjoin the violation of this
chapter. The attorney general may also request the prosecuting
attorney of the judicial circuit in which the violation has occurred to
institute criminal proceedings against the persons responsible for
violation of this chapter. The prosecuting attorney shall institute
criminal 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 before
March 15, 1986.
(b) A board, commission, council, governmental body, or political
subdivision that has the legal authority to zone land has authority to
zone areas for commercial or industrial purposes. Except as provided
in 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 adjacent
area that is outside an urban area and visible from the traveled
way 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, or
device prohibited under section 6 of this chapter.
(b) Before an outdoor advertising sign, display, or device is
removed, taken, or appropriated through the use of zoning or another
power or authority of the state, a state agency, or political
subdivision:
(1) the value of the sign, display, or device shall be determined
by the taking authority without the use of an amortization
schedule; and
(2) the owners of the sign, display, or device and of the real
property upon which the sign, display, or device is situated must
be 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 a
junkyard or scrap metal processing facility that is within one
thousand (1,000) feet of the nearest edge of a right-of-way of an
interstate or primary highway, unless the junkyard or facility
conforms to one (1) of the following conditions:
(1) It is screened by natural objects, plantings, fences, or other
appropriate means so it is not visible from the main-traveled
way 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 the
highway right-of-way or an area acquired for the purpose between a
highway and a junkyard or a scrap metal processing facility that is
lawfully located within one thousand (1,000) feet of a highway in the
interstate or primary system so that the junkyard or facility is not
visible 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 fences
required under this chapter. As added by P.L.18-1990, SEC.229.
IC 8-23-20-20 Acquisition of junkyard or scrap metal processing facility
property; relocation and removal costs
Sec. 20. If the department determines that the topography of the
land adjoining a highway in the interstate or primary system will not
permit adequate screening of a junkyard or scrap metal processing
facility, or that the screening of a junkyard or facility would not be
economically feasible, the department may acquire the property on
which the junkyard or facility stands by gift, purchase, exchange, or
condemnation. 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 enforce
requirements for junkyards and scrap metal processing facilities that
are 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 this
chapter commits a Class C infraction. Whenever the department
discovers or is given written notice of a violation by a responsible
government agency, the department shall give thirty (30) days notice,
by certified mail, to the owner of the property upon which the
violation exists. If the owner fails to act within thirty (30) days, then
each day of maintenance of the violation beginning on the thirty-first
day constitutes a separate offense.
(b) A person who violates section 7 of this chapter commits a
Class C infraction.
(c) A person who violates section 8 of this chapter commits a
Class B misdemeanor. Whenever the department discovers or is
given written notice of a violation by a responsible government
agency, the department shall give thirty (30) days notice, by certified
mail, to the owner of the property upon which the violation exists. If
the owner fails to act within thirty (30) days, then each day of
maintenance of the violation beginning on the thirty-first day
constitutes 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 the
United States, or an agency of the United States, appropriated to
carry out 23 U.S.C. 131. The department shall take any necessary
action to obtain funds allotted under 23 U.S.C. 131 to receive
reimbursement for the federal share of the just compensation paid to
owners 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 property
upon which the sign is situated, a junkyard, or a scrap metal
processing facility unless:
(1) the acquisition costs are eligible for not less than
seventy-five percent (75%) federal participation;
(2) there are sufficient funds appropriated and immediately
available to Indiana; and
(3) the funds have been apportioned by the federal government
and 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 interstate
highways; permits; rules; registration of signs
Sec. 25. (a) The department shall institute a permit system to
regulate the erection and maintenance of outdoor advertising signs
along:
(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 advertising
signs is required under 23 U.S.C. 131.
(b) Except as provided in subsections (c) and (g) and section
25.5(c) of this chapter, a sign may not be erected, operated, used, or
maintained in areas described in subsection (a) unless the owner of
the sign has obtained a permit under this section.
(c) A permit is not required to erect, operate, use, or maintain the
following signs:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property on which
the sign is located.
(3) Signs that primarily indicate:
(A) the name of the business, activity, or profession
conducted;
(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 in
subsection (h); and
(2) are subject to the permit requirement after the department
has made the determination described in subsection (g).
(e) The department shall adopt rules under IC 4-22-2 to carry out
this section. Rules adopted under this section may be no broader than
necessary to implement 23 U.S.C. 131 and 23 CFR 750.
(f) In addition to the requirements of subsection (e), rules adopted
under 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 the
department under IC 4-21.5, including provisions for judicial
review under IC 4-21.5.
(3) A one-time fee of one hundred dollars ($100) per structure
must accompany the permit application. A permit fee may not
be charged to a sign that is subject to and complies with the
registration system described in subsection (h).
(4) That a permit may not be issued for a sign erected in an
adjacent area after January 1, 1968, unless:
(A) the sign is erected in an area described in section 5 of
this chapter; or
(B) the permit is a conditional permit issued under
subdivision (6).
(5) That a permit may not be issued for a sign erected after June
30, 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 the
traveled way, unless:
(A) the sign is erected in an area described in section 5 of
this chapter; or
(B) the permit is a conditional permit issued under
subdivision (6).
(6) For the issuance of a conditional permit for a
nonconforming sign that has not been acquired under section 10
of this chapter. A conditional permit issued under this
subdivision may be revoked if the department subsequently
acquires the sign.
(7) That the department is granted the right to enter the real
property on which a sign for which a permit under this section
has been applied for or issued to perform reasonable
examinations and surveys necessary to administer the permit
system.
(8) The department may revoke any permit when it is found that
the permittee has provided false or misleading information and
that such a finding may be cause to subsequently refuse to issue
a 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 registration
system described in subsection (h) may not be declared unlawful
until the later of the following:
(1) The department has made a determination of permit
eligibility under this section.
(2) December 31, 1993.
(h) A separate application for registration must be submitted to
the 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 in
writing to sign for the applicant;
(3) provide information concerning the size, shape, and nature
of the advertising sign, display, or device;
(4) provide the sign's actual location with sufficient accuracy to
enable 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 public
nuisance subject to section 26 of this chapter.
(j) Each registrant shall fasten to each advertising sign or device
a label or marker provided by the department that must be plainly
visible 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 4-22-2
that provide for the issuance of a permit for a changeable message
sign erected, operated, used, or maintained in areas described in
section 25(a) of this chapter.
(b) A permit authorized by this section may not otherwise violate
state or federal law or local ordinances or regulations.
(c) Until the department adopts rules under this section, a person
may erect, operate, or use a changeable message sign in an area
described in section 25(a) of this chapter, subject to any other
requirements of state or federal law or local ordinances or
regulations.
(d) This subsection applies to a changeable message sign erected
after the owner or operator receives a permit from the department.
Notwithstanding any rules adopted by the department after the
issuance of the permit, a changeable message sign that is in
compliance with the rules in effect at the time a permit is granted for
the changeable message sign is considered to be in compliance with
the 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, the
department shall give notice under subsection (c) to:
(1) the owner of the property on which the public nuisance is
located; and
(2) the owner of the public nuisance, if the owner of the public
nuisance can be determined by reasonable inquiry.
(c) The department shall give notice of the determination under
IC 4-21.5-3-6. The notice must include the following information:
(1) The name and address of the owner of the property or the
owner of the sign.
(2) A description of the sign, including its location, that has
been determined to be a public nuisance under this section.
(3) That the sign has been determined to be a public nuisance
and the reasons for the determination.
(4) That the person receiving the notice has thirty (30) days
after the date on which the notice was sent to:
(A) remove the sign from the property on which the sign is
located; or
(B) file a petition for review under IC 4-21.5.
(5) That if after thirty (30) days the sign has not been removed
or a petition for review has not been filed, the department will
remove the sign or cause the sign to be removed.
(6) That if the department removes the sign or causes the sign
to be removed, the person receiving notice will be charged the
cost of the removal of the sign, including all administrative
costs, and a lien will be imposed on the property under
subsection (e).
(7) Any other information the department determines to be
necessary.
(d) To qualify for judicial review under IC 4-21.5-5 of a final
agency action taken under this section, the person filing the petition
for review must post a bond of five thousand dollars ($5,000) with
the clerk of the court in which the petition for review is filed. If the
court 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 a
sign 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 was
sent under subsection (c):
(A) a petition for review of the determination has not been
filed; and
(B) the sign that is determined to be a public nuisance has
not been removed; or
(2) a petition for review has been filed, a final determination
that the sign is a public nuisance has been made, and the sign
that is determined to be a public nuisance has not been
removed;
the department shall enter the property and remove the public
nuisance or cause the public nuisance to be removed. The department
shall bill the owner of the property on which a sign that is
determined to be a public nuisance is located for the cost of the
removal. If the bill remains unpaid for at least thirty (30) days
following the date on which the bill was issued, the department shall
file the bill with the clerk of the circuit court of the county in which
the property is located. The clerk shall immediately enter the bill on
the judgment docket against the owner of the property as a lien
against the property. The lien may be foreclosed in the same manner
as other judgment liens, without relief from valuation or
appraisement laws or right of redemption. Each owner of the
property on which a sign that is determined to be a public nuisance
is located is jointly and severally liable for the costs of the removal
of the sign under this subsection.
(f) A lease or other contract for the display of a sign that is
determined to be a public nuisance under this section is against
public policy and may not be enforced. An owner from whom the
costs of removing a sign that is determined to be a public nuisance
are collected under subsection (e) is entitled to contribution from any
other owners of the property. As added by P.L.112-1993, SEC.2.
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 of
Commerce shall enter into agreements under 23 U.S.C. concerning
the regulation of billboards, signs, junkyards, and scrap metal
processing areas in areas adjacent to the interstate and primary
highway systems. The agreements must conform to the provisions of
23 U.S.C. to ensure that federal funds to Indiana are continued.
(b) An agreement between the state and the United States
Secretary of Commerce entered into under 23 U.S.C. 131 must
contain the definition of "unzoned commercial or industrial area"
found in IC 8-23-1-43. If the state has received from the Secretary a
formal notice of a proposed determination to withhold funds from the
state because of an asserted unacceptability of the definition, the
governor shall modify the definition. The modification may be made
during 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 funds
prior 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 agreement
described in section 1(a) of this chapter must be consistent with
customary use in Indiana. The agreement must be in a form that is in
the best interests of the state and may be of a duration and subject to
terms and provisions for modification that the governor considers
advisable. In negotiating the agreement, the governor shall consider
the following factors:
(1) The actual availability of federal funds.
(2) The imminence of a sanction against the state for a violation
of 23 U.S.C. 131.
(3) The enactment of an amendment to 23 U.S.C. 131 or the
regulations promulgated under 23 U.S.C. 131, or the possibility
of an amendment.
(4) The scope of an agreement entered into by another state
with 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 23
U.S.C. 131 to obtain a judicial determination of the legality of the
determination of the United States Secretary of Commerce if the
Secretary makes a final determination to:
(1) withhold funds from Indiana;
(2) fail to agree with Indiana as to the size, lighting, and spacing
of signs; or
(3) fail to agree with Indiana as to unzoned commercial or
industrial 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 the
standards of size, lighting, and spacing set forth in rules adopted by
the department under the provisions of an agreement under section
1 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 areas
and zoned commercial or industrial areas must conform to the
standards of size, lighting, and spacing set forth in rules adopted by
the department under the provisions of an agreement under section
1 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 in
an 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, or
direct the movement of traffic or that interfere with, imitate, or
resemble an official traffic sign, signal, or device.
(4) Signs erected or maintained upon trees, or painted or drawn
upon 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 areas
beyond six hundred and sixty (660) feet of the right-of-way visible
from the traveled way of a highway on the interstate or primary
system with the intent of a message being read from the traveled
way:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property upon
which the signs are located.
(3) Signs indicating the name of the business, activities, or
profession 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 of
a highway in the state highway system, or within two hundred (200)
feet of the right-of-way, a sign or device directing or indicating on
what highway or route a person should travel to reach a designated
place or highway without the written consent of the department. The
department may remove a sign or device erected or maintained in
violation 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 does
not conform to this chapter after June 30, 1968, is not required to be
removed until the end of the fifth year after the sign becomes
nonconforming.
(b) A sign located beyond six hundred sixty (660) feet of the
right-of-way, visible from the traveled way of a highway on the
interstate or primary system, that was lawfully erected before July 1,
1976, and does not conform to this chapter is not required to be
removed until the end of the fifth year after the sign becomes
nonconforming. 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 just
compensation for the removal of signs that do not conform to this
chapter. A removal by the department or sign owner under this
chapter constitutes a taking, and the owner shall be compensated
under IC 32-24-1. Compensation shall be paid for the following:
(1) The taking from the owner of a sign of all rights, titles, and
interests in the sign, and of the owner's leasehold or other
interest in the land.
(2) The taking from the owner of the real property on which the
sign is located and of the right to erect and maintain signs on
the 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 be
paid to a person entitled to compensation upon the presentation to the
department of information that the department requires. The claim
for compensation must be filed within one hundred eighty (180) days
after the removal is completed. The state's share of the compensation
shall 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 the
department do not reach agreement on the amount of compensation
to be paid within one hundred twenty (120) days after the claim is
filed, the claimant may file a civil action to have the compensation
determined. An action under this section shall be filed in a court of
general jurisdiction in either the county where the sign and real
property are located or in the county in which the claimant resides.
The county of residence of a corporation shall be determined under
the applicable statutes. An action under this section shall be filed not
later than one (1) year after the filing with the department of a claim
for 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 of
a possible violation of this chapter, the department shall determine
whether a violation exists. Whenever the department determines a
violation exists, the department shall enter a resolution setting out the
nature, extent, and location of the violation and refer the resolution
to 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 resolution
under section 13 of this chapter, the attorney general shall commence
an action in a court having jurisdiction to enjoin the violation of this
chapter. The attorney general may also request the prosecuting
attorney of the judicial circuit in which the violation has occurred to
institute criminal proceedings against the persons responsible for
violation of this chapter. The prosecuting attorney shall institute
criminal 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 before
March 15, 1986.
(b) A board, commission, council, governmental body, or political
subdivision that has the legal authority to zone land has authority to
zone areas for commercial or industrial purposes. Except as provided
in 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 adjacent
area that is outside an urban area and visible from the traveled
way 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, or
device prohibited under section 6 of this chapter.
(b) Before an outdoor advertising sign, display, or device is
removed, taken, or appropriated through the use of zoning or another
power or authority of the state, a state agency, or political
subdivision:
(1) the value of the sign, display, or device shall be determined
by the taking authority without the use of an amortization
schedule; and
(2) the owners of the sign, display, or device and of the real
property upon which the sign, display, or device is situated must
be 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 a
junkyard or scrap metal processing facility that is within one
thousand (1,000) feet of the nearest edge of a right-of-way of an
interstate or primary highway, unless the junkyard or facility
conforms to one (1) of the following conditions:
(1) It is screened by natural objects, plantings, fences, or other
appropriate means so it is not visible from the main-traveled
way 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 the
highway right-of-way or an area acquired for the purpose between a
highway and a junkyard or a scrap metal processing facility that is
lawfully located within one thousand (1,000) feet of a highway in the
interstate or primary system so that the junkyard or facility is not
visible 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 fences
required under this chapter. As added by P.L.18-1990, SEC.229.
IC 8-23-20-20 Acquisition of junkyard or scrap metal processing facility
property; relocation and removal costs
Sec. 20. If the department determines that the topography of the
land adjoining a highway in the interstate or primary system will not
permit adequate screening of a junkyard or scrap metal processing
facility, or that the screening of a junkyard or facility would not be
economically feasible, the department may acquire the property on
which the junkyard or facility stands by gift, purchase, exchange, or
condemnation. 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 enforce
requirements for junkyards and scrap metal processing facilities that
are 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 this
chapter commits a Class C infraction. Whenever the department
discovers or is given written notice of a violation by a responsible
government agency, the department shall give thirty (30) days notice,
by certified mail, to the owner of the property upon which the
violation exists. If the owner fails to act within thirty (30) days, then
each day of maintenance of the violation beginning on the thirty-first
day constitutes a separate offense.
(b) A person who violates section 7 of this chapter commits a
Class C infraction.
(c) A person who violates section 8 of this chapter commits a
Class B misdemeanor. Whenever the department discovers or is
given written notice of a violation by a responsible government
agency, the department shall give thirty (30) days notice, by certified
mail, to the owner of the property upon which the violation exists. If
the owner fails to act within thirty (30) days, then each day of
maintenance of the violation beginning on the thirty-first day
constitutes 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 the
United States, or an agency of the United States, appropriated to
carry out 23 U.S.C. 131. The department shall take any necessary
action to obtain funds allotted under 23 U.S.C. 131 to receive
reimbursement for the federal share of the just compensation paid to
owners 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 property
upon which the sign is situated, a junkyard, or a scrap metal
processing facility unless:
(1) the acquisition costs are eligible for not less than
seventy-five percent (75%) federal participation;
(2) there are sufficient funds appropriated and immediately
available to Indiana; and
(3) the funds have been apportioned by the federal government
and 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 interstate
highways; permits; rules; registration of signs
Sec. 25. (a) The department shall institute a permit system to
regulate the erection and maintenance of outdoor advertising signs
along:
(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 advertising
signs is required under 23 U.S.C. 131.
(b) Except as provided in subsections (c) and (g) and section
25.5(c) of this chapter, a sign may not be erected, operated, used, or
maintained in areas described in subsection (a) unless the owner of
the sign has obtained a permit under this section.
(c) A permit is not required to erect, operate, use, or maintain the
following signs:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property on which
the sign is located.
(3) Signs that primarily indicate:
(A) the name of the business, activity, or profession
conducted;
(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 in
subsection (h); and
(2) are subject to the permit requirement after the department
has made the determination described in subsection (g).
(e) The department shall adopt rules under IC 4-22-2 to carry out
this section. Rules adopted under this section may be no broader than
necessary to implement 23 U.S.C. 131 and 23 CFR 750.
(f) In addition to the requirements of subsection (e), rules adopted
under 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 the
department under IC 4-21.5, including provisions for judicial
review under IC 4-21.5.
(3) A one-time fee of one hundred dollars ($100) per structure
must accompany the permit application. A permit fee may not
be charged to a sign that is subject to and complies with the
registration system described in subsection (h).
(4) That a permit may not be issued for a sign erected in an
adjacent area after January 1, 1968, unless:
(A) the sign is erected in an area described in section 5 of
this chapter; or
(B) the permit is a conditional permit issued under
subdivision (6).
(5) That a permit may not be issued for a sign erected after June
30, 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 the
traveled way, unless:
(A) the sign is erected in an area described in section 5 of
this chapter; or
(B) the permit is a conditional permit issued under
subdivision (6).
(6) For the issuance of a conditional permit for a
nonconforming sign that has not been acquired under section 10
of this chapter. A conditional permit issued under this
subdivision may be revoked if the department subsequently
acquires the sign.
(7) That the department is granted the right to enter the real
property on which a sign for which a permit under this section
has been applied for or issued to perform reasonable
examinations and surveys necessary to administer the permit
system.
(8) The department may revoke any permit when it is found that
the permittee has provided false or misleading information and
that such a finding may be cause to subsequently refuse to issue
a 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 registration
system described in subsection (h) may not be declared unlawful
until the later of the following:
(1) The department has made a determination of permit
eligibility under this section.
(2) December 31, 1993.
(h) A separate application for registration must be submitted to
the 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 in
writing to sign for the applicant;
(3) provide information concerning the size, shape, and nature
of the advertising sign, display, or device;
(4) provide the sign's actual location with sufficient accuracy to
enable 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 public
nuisance subject to section 26 of this chapter.
(j) Each registrant shall fasten to each advertising sign or device
a label or marker provided by the department that must be plainly
visible 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 4-22-2
that provide for the issuance of a permit for a changeable message
sign erected, operated, used, or maintained in areas described in
section 25(a) of this chapter.
(b) A permit authorized by this section may not otherwise violate
state or federal law or local ordinances or regulations.
(c) Until the department adopts rules under this section, a person
may erect, operate, or use a changeable message sign in an area
described in section 25(a) of this chapter, subject to any other
requirements of state or federal law or local ordinances or
regulations.
(d) This subsection applies to a changeable message sign erected
after the owner or operator receives a permit from the department.
Notwithstanding any rules adopted by the department after the
issuance of the permit, a changeable message sign that is in
compliance with the rules in effect at the time a permit is granted for
the changeable message sign is considered to be in compliance with
the 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, the
department shall give notice under subsection (c) to:
(1) the owner of the property on which the public nuisance is
located; and
(2) the owner of the public nuisance, if the owner of the public
nuisance can be determined by reasonable inquiry.
(c) The department shall give notice of the determination under
IC 4-21.5-3-6. The notice must include the following information:
(1) The name and address of the owner of the property or the
owner of the sign.
(2) A description of the sign, including its location, that has
been determined to be a public nuisance under this section.
(3) That the sign has been determined to be a public nuisance
and the reasons for the determination.
(4) That the person receiving the notice has thirty (30) days
after the date on which the notice was sent to:
(A) remove the sign from the property on which the sign is
located; or
(B) file a petition for review under IC 4-21.5.
(5) That if after thirty (30) days the sign has not been removed
or a petition for review has not been filed, the department will
remove the sign or cause the sign to be removed.
(6) That if the department removes the sign or causes the sign
to be removed, the person receiving notice will be charged the
cost of the removal of the sign, including all administrative
costs, and a lien will be imposed on the property under
subsection (e).
(7) Any other information the department determines to be
necessary.
(d) To qualify for judicial review under IC 4-21.5-5 of a final
agency action taken under this section, the person filing the petition
for review must post a bond of five thousand dollars ($5,000) with
the clerk of the court in which the petition for review is filed. If the
court 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 a
sign 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 was
sent under subsection (c):
(A) a petition for review of the determination has not been
filed; and
(B) the sign that is determined to be a public nuisance has
not been removed; or
(2) a petition for review has been filed, a final determination
that the sign is a public nuisance has been made, and the sign
that is determined to be a public nuisance has not been
removed;
the department shall enter the property and remove the public
nuisance or cause the public nuisance to be removed. The department
shall bill the owner of the property on which a sign that is
determined to be a public nuisance is located for the cost of the
removal. If the bill remains unpaid for at least thirty (30) days
following the date on which the bill was issued, the department shall
file the bill with the clerk of the circuit court of the county in which
the property is located. The clerk shall immediately enter the bill on
the judgment docket against the owner of the property as a lien
against the property. The lien may be foreclosed in the same manner
as other judgment liens, without relief from valuation or
appraisement laws or right of redemption. Each owner of the
property on which a sign that is determined to be a public nuisance
is located is jointly and severally liable for the costs of the removal
of the sign under this subsection.
(f) A lease or other contract for the display of a sign that is
determined to be a public nuisance under this section is against
public policy and may not be enforced. An owner from whom the
costs of removing a sign that is determined to be a public nuisance
are collected under subsection (e) is entitled to contribution from any
other owners of the property. As added by P.L.112-1993, SEC.2.
