IC 8-23-4
Chapter 4. General Highway, Road, and Street Provisions
IC 8-23-4-1 Highway and street systems of state
Sec. 1. The highway and street system of Indiana consists of the
following:
(1) The state highway system.
(2) A county arterial highway system in each county.
(3) A county local highway system in each county.
(4) A municipal arterial street system in each municipality.
(5) A municipal local street system in each municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-2 State highway system; designation; composition; selection criteria;
classification
Sec. 2. (a) The state highway system shall be designated by the
department. The total extent of the state highway system may not
exceed twelve thousand (12,000) miles. The state highway system
consists of the principal arterial highways in Indiana and includes the
following:
(1) A highway to the seat of government in each county.
(2) Connecting arteries and extensions through municipalities.
(b) In determining the highways or sections of highways that are
a part of the state highway system, the department shall consider the
following:
(1) The relative importance of each highway to county or
municipal government.
(2) Existing business and land use.
(3) The development of natural resources, industry, and
agriculture.
(4) The economic welfare of Indiana.
(5) The safety and convenience of highway users.
(6) The financial capacity of the state to reconstruct, construct,
and maintain the highways selected to desirable standards.
(c) The state highway system shall be classified for purposes of
management, establishment of standards, and priority for use of
funds and resources. Classification of the system may conform to the
department's designation of the state's federal aid system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-3 County arterial highway systems; selection criteria; addition,
relocation, and deletion
Sec. 3. (a) The county arterial highway system shall be selected
by the county executive in each county. The system shall be selected
on the basis of the greatest general importance to the county, after an
evaluation of each road in the county, including municipal
connecting links and the state highway system. In selecting the
county system, the executive shall consider the following:
(1) The kind and amount of traffic on a highway.
(2) The length and condition of a highway.
(3) The mileage that can be effectively improved to specified
standards with available funds.
(4) Any other applicable data.
The arterial highways selected by the executive under this section
constitute the county arterial highway system of that county.
(b) The county executive may from time to time add, relocate, or
delete highways from the county arterial highway system by
following the procedure provided in subsection (a).
(c) If a highway or a segment of a highway is deleted from the
county arterial highway system under subsection (b), the highway or
segment may:
(1) become a part of the county local highway system;
(2) if located in a municipality, become a part of the system of
major streets or local streets of the municipality, subject to
agreement between the county executive and the highway
authority of the municipality; or
(3) be abandoned.
(d) All roads under the jurisdiction of the county highway
authorities of each county not included in a county arterial highway
system constitute the county local highway system of that county. As added by P.L.18-1990, SEC.213.
IC 8-23-4-4 Municipal arterial street systems; selection criteria; addition,
relocation, and deletion; municipal local highway systems
Sec. 4. (a) The agency responsible for highways in each
municipality with a population of at least five thousand (5,000) shall
select a system of arterial streets for the municipality. The system
shall be selected on the basis of the greatest general importance to
the municipality after an evaluation of each highway in the
municipality. The system may not include highways that are part of
the state highway system. The system of arterial streets must connect
focal points of traffic interest, provide communication with other
communities and outlying areas and provide for the continuity of the
county arterial highway system into or through the municipality. The
agency shall use engineering standards in selecting the streets.
(b) The agency responsible for highways in each municipality
with a population of less than five thousand (5,000) may limit streets
selected for the arterial street system to extensions of the county
arterial street system or the municipal arterial street system of
adjoining municipalities into or through the municipality.
(c) The system of arterial streets selected by an agency under
subsection (a) or (b) constitutes the municipal arterial street system
of that municipality.
(d) The agency responsible for highways in a municipality may
from time to time add, relocate, or delete highways from the
municipal arterial highway system by following the procedure
provided in subsection (a) or (b).
(e) If a highway or a segment of a highway is deleted from the
municipal arterial highway system under subsection (d), it may:
(1) become a part of the municipal local highway system; or
(2) be abandoned.
(f) All roads under the jurisdiction of the agency responsible for
the municipal highways of each municipality not included in a
municipal arterial highway system constitute the municipal local
highway systems of that municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-5 Changes in highway and street systems
Sec. 5. A highway or street system established under this chapter
may not be changed for two (2) years following establishment of the
system. A system established under this chapter shall be reviewed at
five (5) year intervals, or more frequently if considered desirable,
and adjustments found necessary or desirable as a result of a change
in conditions may be made. As added by P.L.18-1990, SEC.213.
IC 8-23-4-6 Highway and street system maps
Sec. 6. The commissioner shall at all times maintain maps of
Indiana, which must show all the highways that constitute the state
highway system, the arterial and local highway systems of each
county, and the arterial and local street systems of each municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-7 Cooperation of director with executives and municipalities
Sec. 7. The state aid director shall cooperate with the executives
and municipalities to ensure coordination and continuity between all
systems. As added by P.L.18-1990, SEC.213.
IC 8-23-4-8 Changes in location of state highways
Sec. 8. The department may change the location of a state
highway for the following reasons:
(1) To reduce the length of the highway.
(2) To eliminate steep grades or sharp turns.
(3) To widen narrow parts.
(4) To promote public convenience and safety. As added by P.L.18-1990, SEC.213.
IC 8-23-4-9 Abandonment of rights-of-way; reversion or release; consideration
Sec. 9. (a) Whenever the department determines that a part of a
right-of-way of a highway will not be needed for highway, street, or
road purposes, or to reach the premises of a person other than the
owner of the original right-of-way, the commissioner may, by
executive order, declare that part of the right-of-way to be no longer
useful or necessary for a highway purpose.
(b) A part of a right-of-way subject to an order under subsection
(a) ceases to be a public highway and reverts to the person lawfully
entitled to the reversion.
(c) If the department acquired the right-of-way subject to an order
under subsection (a) by purchase, the department shall demand a
consideration in money for the release of the right-of-way, and the
release becomes final only upon payment of the consideration. A
payment under this subsection shall be credited to the account of the
department and allocated to the fund out of which the right-of-way
was purchased. The amount of consideration must be equal to the fair
market value of the right-of-way as determined by appraisers
employed by the department. As added by P.L.18-1990, SEC.213.
IC 8-23-4-10 Transfer of state highways to county and municipal systems
Sec. 10. Whenever the department determines that, because of the
construction of a new state highway, the relocation of a state
highway, or a change in general function or use, a part of the state
highway system no longer meets the criteria established in section 2
of this chapter for a highway in the state system but that the highway
continues to serve a useful purpose, that part of the system may be
transferred to a county highway system or a municipal street system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-11 Transfer of county and municipal highways and streets to state
system
Sec. 11. Whenever a county or municipality determines that,
because of a change in general function or use, an arterial or local
highway or street serves a state function, the highway or street may
be transferred to the state system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-12 Transfer of roads and streets between systems; memorandum
Sec. 12. The transfer of roads or streets between systems requires
a memorandum of agreement signed by both the transferring agency
or unit of government and by the agency or unit of government
assuming jurisdiction over the road. The memorandum must state the
following:
(1) The purpose of the transfer.
(2) The effective date of the transfer.
(3) Any conditions agreed to by the signers. As added by P.L.18-1990, SEC.213.
IC 8-23-4
Chapter 4. General Highway, Road, and Street Provisions
IC 8-23-4-1 Highway and street systems of state
Sec. 1. The highway and street system of Indiana consists of the
following:
(1) The state highway system.
(2) A county arterial highway system in each county.
(3) A county local highway system in each county.
(4) A municipal arterial street system in each municipality.
(5) A municipal local street system in each municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-2 State highway system; designation; composition; selection criteria;
classification
Sec. 2. (a) The state highway system shall be designated by the
department. The total extent of the state highway system may not
exceed twelve thousand (12,000) miles. The state highway system
consists of the principal arterial highways in Indiana and includes the
following:
(1) A highway to the seat of government in each county.
(2) Connecting arteries and extensions through municipalities.
(b) In determining the highways or sections of highways that are
a part of the state highway system, the department shall consider the
following:
(1) The relative importance of each highway to county or
municipal government.
(2) Existing business and land use.
(3) The development of natural resources, industry, and
agriculture.
(4) The economic welfare of Indiana.
(5) The safety and convenience of highway users.
(6) The financial capacity of the state to reconstruct, construct,
and maintain the highways selected to desirable standards.
(c) The state highway system shall be classified for purposes of
management, establishment of standards, and priority for use of
funds and resources. Classification of the system may conform to the
department's designation of the state's federal aid system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-3 County arterial highway systems; selection criteria; addition,
relocation, and deletion
Sec. 3. (a) The county arterial highway system shall be selected
by the county executive in each county. The system shall be selected
on the basis of the greatest general importance to the county, after an
evaluation of each road in the county, including municipal
connecting links and the state highway system. In selecting the
county system, the executive shall consider the following:
(1) The kind and amount of traffic on a highway.
(2) The length and condition of a highway.
(3) The mileage that can be effectively improved to specified
standards with available funds.
(4) Any other applicable data.
The arterial highways selected by the executive under this section
constitute the county arterial highway system of that county.
(b) The county executive may from time to time add, relocate, or
delete highways from the county arterial highway system by
following the procedure provided in subsection (a).
(c) If a highway or a segment of a highway is deleted from the
county arterial highway system under subsection (b), the highway or
segment may:
(1) become a part of the county local highway system;
(2) if located in a municipality, become a part of the system of
major streets or local streets of the municipality, subject to
agreement between the county executive and the highway
authority of the municipality; or
(3) be abandoned.
(d) All roads under the jurisdiction of the county highway
authorities of each county not included in a county arterial highway
system constitute the county local highway system of that county. As added by P.L.18-1990, SEC.213.
IC 8-23-4-4 Municipal arterial street systems; selection criteria; addition,
relocation, and deletion; municipal local highway systems
Sec. 4. (a) The agency responsible for highways in each
municipality with a population of at least five thousand (5,000) shall
select a system of arterial streets for the municipality. The system
shall be selected on the basis of the greatest general importance to
the municipality after an evaluation of each highway in the
municipality. The system may not include highways that are part of
the state highway system. The system of arterial streets must connect
focal points of traffic interest, provide communication with other
communities and outlying areas and provide for the continuity of the
county arterial highway system into or through the municipality. The
agency shall use engineering standards in selecting the streets.
(b) The agency responsible for highways in each municipality
with a population of less than five thousand (5,000) may limit streets
selected for the arterial street system to extensions of the county
arterial street system or the municipal arterial street system of
adjoining municipalities into or through the municipality.
(c) The system of arterial streets selected by an agency under
subsection (a) or (b) constitutes the municipal arterial street system
of that municipality.
(d) The agency responsible for highways in a municipality may
from time to time add, relocate, or delete highways from the
municipal arterial highway system by following the procedure
provided in subsection (a) or (b).
(e) If a highway or a segment of a highway is deleted from the
municipal arterial highway system under subsection (d), it may:
(1) become a part of the municipal local highway system; or
(2) be abandoned.
(f) All roads under the jurisdiction of the agency responsible for
the municipal highways of each municipality not included in a
municipal arterial highway system constitute the municipal local
highway systems of that municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-5 Changes in highway and street systems
Sec. 5. A highway or street system established under this chapter
may not be changed for two (2) years following establishment of the
system. A system established under this chapter shall be reviewed at
five (5) year intervals, or more frequently if considered desirable,
and adjustments found necessary or desirable as a result of a change
in conditions may be made. As added by P.L.18-1990, SEC.213.
IC 8-23-4-6 Highway and street system maps
Sec. 6. The commissioner shall at all times maintain maps of
Indiana, which must show all the highways that constitute the state
highway system, the arterial and local highway systems of each
county, and the arterial and local street systems of each municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-7 Cooperation of director with executives and municipalities
Sec. 7. The state aid director shall cooperate with the executives
and municipalities to ensure coordination and continuity between all
systems. As added by P.L.18-1990, SEC.213.
IC 8-23-4-8 Changes in location of state highways
Sec. 8. The department may change the location of a state
highway for the following reasons:
(1) To reduce the length of the highway.
(2) To eliminate steep grades or sharp turns.
(3) To widen narrow parts.
(4) To promote public convenience and safety. As added by P.L.18-1990, SEC.213.
IC 8-23-4-9 Abandonment of rights-of-way; reversion or release; consideration
Sec. 9. (a) Whenever the department determines that a part of a
right-of-way of a highway will not be needed for highway, street, or
road purposes, or to reach the premises of a person other than the
owner of the original right-of-way, the commissioner may, by
executive order, declare that part of the right-of-way to be no longer
useful or necessary for a highway purpose.
(b) A part of a right-of-way subject to an order under subsection
(a) ceases to be a public highway and reverts to the person lawfully
entitled to the reversion.
(c) If the department acquired the right-of-way subject to an order
under subsection (a) by purchase, the department shall demand a
consideration in money for the release of the right-of-way, and the
release becomes final only upon payment of the consideration. A
payment under this subsection shall be credited to the account of the
department and allocated to the fund out of which the right-of-way
was purchased. The amount of consideration must be equal to the fair
market value of the right-of-way as determined by appraisers
employed by the department. As added by P.L.18-1990, SEC.213.
IC 8-23-4-10 Transfer of state highways to county and municipal systems
Sec. 10. Whenever the department determines that, because of the
construction of a new state highway, the relocation of a state
highway, or a change in general function or use, a part of the state
highway system no longer meets the criteria established in section 2
of this chapter for a highway in the state system but that the highway
continues to serve a useful purpose, that part of the system may be
transferred to a county highway system or a municipal street system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-11 Transfer of county and municipal highways and streets to state
system
Sec. 11. Whenever a county or municipality determines that,
because of a change in general function or use, an arterial or local
highway or street serves a state function, the highway or street may
be transferred to the state system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-12 Transfer of roads and streets between systems; memorandum
Sec. 12. The transfer of roads or streets between systems requires
a memorandum of agreement signed by both the transferring agency
or unit of government and by the agency or unit of government
assuming jurisdiction over the road. The memorandum must state the
following:
(1) The purpose of the transfer.
(2) The effective date of the transfer.
(3) Any conditions agreed to by the signers. As added by P.L.18-1990, SEC.213.
IC 8-23-4
Chapter 4. General Highway, Road, and Street Provisions
IC 8-23-4-1 Highway and street systems of state
Sec. 1. The highway and street system of Indiana consists of the
following:
(1) The state highway system.
(2) A county arterial highway system in each county.
(3) A county local highway system in each county.
(4) A municipal arterial street system in each municipality.
(5) A municipal local street system in each municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-2 State highway system; designation; composition; selection criteria;
classification
Sec. 2. (a) The state highway system shall be designated by the
department. The total extent of the state highway system may not
exceed twelve thousand (12,000) miles. The state highway system
consists of the principal arterial highways in Indiana and includes the
following:
(1) A highway to the seat of government in each county.
(2) Connecting arteries and extensions through municipalities.
(b) In determining the highways or sections of highways that are
a part of the state highway system, the department shall consider the
following:
(1) The relative importance of each highway to county or
municipal government.
(2) Existing business and land use.
(3) The development of natural resources, industry, and
agriculture.
(4) The economic welfare of Indiana.
(5) The safety and convenience of highway users.
(6) The financial capacity of the state to reconstruct, construct,
and maintain the highways selected to desirable standards.
(c) The state highway system shall be classified for purposes of
management, establishment of standards, and priority for use of
funds and resources. Classification of the system may conform to the
department's designation of the state's federal aid system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-3 County arterial highway systems; selection criteria; addition,
relocation, and deletion
Sec. 3. (a) The county arterial highway system shall be selected
by the county executive in each county. The system shall be selected
on the basis of the greatest general importance to the county, after an
evaluation of each road in the county, including municipal
connecting links and the state highway system. In selecting the
county system, the executive shall consider the following:
(1) The kind and amount of traffic on a highway.
(2) The length and condition of a highway.
(3) The mileage that can be effectively improved to specified
standards with available funds.
(4) Any other applicable data.
The arterial highways selected by the executive under this section
constitute the county arterial highway system of that county.
(b) The county executive may from time to time add, relocate, or
delete highways from the county arterial highway system by
following the procedure provided in subsection (a).
(c) If a highway or a segment of a highway is deleted from the
county arterial highway system under subsection (b), the highway or
segment may:
(1) become a part of the county local highway system;
(2) if located in a municipality, become a part of the system of
major streets or local streets of the municipality, subject to
agreement between the county executive and the highway
authority of the municipality; or
(3) be abandoned.
(d) All roads under the jurisdiction of the county highway
authorities of each county not included in a county arterial highway
system constitute the county local highway system of that county. As added by P.L.18-1990, SEC.213.
IC 8-23-4-4 Municipal arterial street systems; selection criteria; addition,
relocation, and deletion; municipal local highway systems
Sec. 4. (a) The agency responsible for highways in each
municipality with a population of at least five thousand (5,000) shall
select a system of arterial streets for the municipality. The system
shall be selected on the basis of the greatest general importance to
the municipality after an evaluation of each highway in the
municipality. The system may not include highways that are part of
the state highway system. The system of arterial streets must connect
focal points of traffic interest, provide communication with other
communities and outlying areas and provide for the continuity of the
county arterial highway system into or through the municipality. The
agency shall use engineering standards in selecting the streets.
(b) The agency responsible for highways in each municipality
with a population of less than five thousand (5,000) may limit streets
selected for the arterial street system to extensions of the county
arterial street system or the municipal arterial street system of
adjoining municipalities into or through the municipality.
(c) The system of arterial streets selected by an agency under
subsection (a) or (b) constitutes the municipal arterial street system
of that municipality.
(d) The agency responsible for highways in a municipality may
from time to time add, relocate, or delete highways from the
municipal arterial highway system by following the procedure
provided in subsection (a) or (b).
(e) If a highway or a segment of a highway is deleted from the
municipal arterial highway system under subsection (d), it may:
(1) become a part of the municipal local highway system; or
(2) be abandoned.
(f) All roads under the jurisdiction of the agency responsible for
the municipal highways of each municipality not included in a
municipal arterial highway system constitute the municipal local
highway systems of that municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-5 Changes in highway and street systems
Sec. 5. A highway or street system established under this chapter
may not be changed for two (2) years following establishment of the
system. A system established under this chapter shall be reviewed at
five (5) year intervals, or more frequently if considered desirable,
and adjustments found necessary or desirable as a result of a change
in conditions may be made. As added by P.L.18-1990, SEC.213.
IC 8-23-4-6 Highway and street system maps
Sec. 6. The commissioner shall at all times maintain maps of
Indiana, which must show all the highways that constitute the state
highway system, the arterial and local highway systems of each
county, and the arterial and local street systems of each municipality. As added by P.L.18-1990, SEC.213.
IC 8-23-4-7 Cooperation of director with executives and municipalities
Sec. 7. The state aid director shall cooperate with the executives
and municipalities to ensure coordination and continuity between all
systems. As added by P.L.18-1990, SEC.213.
IC 8-23-4-8 Changes in location of state highways
Sec. 8. The department may change the location of a state
highway for the following reasons:
(1) To reduce the length of the highway.
(2) To eliminate steep grades or sharp turns.
(3) To widen narrow parts.
(4) To promote public convenience and safety. As added by P.L.18-1990, SEC.213.
IC 8-23-4-9 Abandonment of rights-of-way; reversion or release; consideration
Sec. 9. (a) Whenever the department determines that a part of a
right-of-way of a highway will not be needed for highway, street, or
road purposes, or to reach the premises of a person other than the
owner of the original right-of-way, the commissioner may, by
executive order, declare that part of the right-of-way to be no longer
useful or necessary for a highway purpose.
(b) A part of a right-of-way subject to an order under subsection
(a) ceases to be a public highway and reverts to the person lawfully
entitled to the reversion.
(c) If the department acquired the right-of-way subject to an order
under subsection (a) by purchase, the department shall demand a
consideration in money for the release of the right-of-way, and the
release becomes final only upon payment of the consideration. A
payment under this subsection shall be credited to the account of the
department and allocated to the fund out of which the right-of-way
was purchased. The amount of consideration must be equal to the fair
market value of the right-of-way as determined by appraisers
employed by the department. As added by P.L.18-1990, SEC.213.
IC 8-23-4-10 Transfer of state highways to county and municipal systems
Sec. 10. Whenever the department determines that, because of the
construction of a new state highway, the relocation of a state
highway, or a change in general function or use, a part of the state
highway system no longer meets the criteria established in section 2
of this chapter for a highway in the state system but that the highway
continues to serve a useful purpose, that part of the system may be
transferred to a county highway system or a municipal street system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-11 Transfer of county and municipal highways and streets to state
system
Sec. 11. Whenever a county or municipality determines that,
because of a change in general function or use, an arterial or local
highway or street serves a state function, the highway or street may
be transferred to the state system. As added by P.L.18-1990, SEC.213.
IC 8-23-4-12 Transfer of roads and streets between systems; memorandum
Sec. 12. The transfer of roads or streets between systems requires
a memorandum of agreement signed by both the transferring agency
or unit of government and by the agency or unit of government
assuming jurisdiction over the road. The memorandum must state the
following:
(1) The purpose of the transfer.
(2) The effective date of the transfer.
(3) Any conditions agreed to by the signers. As added by P.L.18-1990, SEC.213.
