IC 8-23-6
Chapter 6. State Highways in Municipalities
IC 8-23-6-1 Selection of routes; maintenance; construction of drainage
structures
Sec. 1. (a) The department shall select the route of highways in
the system of highways under its control through cities and towns,
and may change the routes as the department determines most
convenient for public travel.
(b) Notwithstanding subsection (a) and in or near the city of
Mishawaka, Indiana, the portion of Capital Avenue lying between:
(1) the most recently established US 20 bypass as of January 1,
1997; and
(2) the Indiana toll road;
is designated state route number three hundred thirty-one (331).
(c) The department, to the extent of the funds available for the
purpose, shall maintain and, as it determines necessary and as the
funds required are available, may construct and improve the roadway
of the streets or a part of the streets to the width determined by the
department. As part of the construction work, the department shall
construct within the limits of a street the curbs and gutters, manholes,
catch basins, and the necessary drainage structures and facilities.
(d) Notwithstanding subsection (c), funds for the construction or
improvement of the road designated as state route three hundred
thirty-one (331) under subsection (b), to the extent funds are
available for the construction or improvement, shall first be
exhausted from:
(1) revenue declared excess by the Indiana toll road;
(2) federal aid designated for the local metropolitan planning
organization;
(3) city and county highway funds used for such purpose; and
(4) revenue generated from local incremental finance districts;
before any funds designated to the department are used for
construction or improvement of state route three hundred thirty-one
(331). As added by P.L.18-1990, SEC.215. Amended by P.L.89-1997,
SEC.2.
IC 8-23-6-2 Construction of outside drainage facilities and sidewalks
Sec. 2. If the construction of a street necessitates the construction
of adequate connecting facilities outside the limits of the street to
provide for drainage of the street, the necessary mains, laterals, and
connections shall be provided for in the plans, included as part of the
construction cost, and paid out of the department's appropriation.
However, if the drainage facilities outside the street are to be used
for a purpose or purposes in addition to that of draining the street, a
proportionate share of the cost of construction shall be paid by the
beneficiaries of the drainage other than the department in a ratio of
the amount of waste water attributable to the other users as compared
with the total capacity of the drainage facilities. The department shall
determine the ratio. The department need not proceed with
construction until the time that an agreement with the municipality
has been effected concerning the payment of costs for drainage use
other than that which is required for state highway drainage. If the
construction of a street in the state highway system within the
boundaries of a city or town necessitates the construction of a bridge,
overhead or subway structure, and sidewalks are required as a part
of the structure, the sidewalks shall be provided for in the plans,
included as part of the construction cost, and paid out of the
department's funds. As added by P.L.18-1990, SEC.215.
IC 8-23-6-3 Construction and maintenance of streets surrounding railway
tracks, pipes and conduits, drainage facilities, and sidewalks;
regulation of traffic
Sec. 3. (a) Whenever a street on the state highway system is
located within the boundaries of a city or town and is occupied by
the track or tracks of a street railway, interurban railway, or steam
railroad, the department is not required to maintain, construct, or
improve the part of the street between the track or tracks and for
eighteen (18) inches on the outside of the outer rails. The department
shall include as part of the construction cost and pay out of
department funds any expenditures necessitated by the acquisition of
sufficient rights-of-way to construct the street.
(b) If there are any tracks, pipes, or conduits in a street, the
department may, after determining to construct or improve the street,
require the owner to restore to good condition or renew the tracks,
pipes, or conduits. The owner, within ninety (90) days after being
notified to do so, shall restore or renew the tracks, pipes, or conduits.
For tracks, the owner shall pave the part of the street between the
rails of the tracks and eighteen (18) inches on the outside in
conformity with plans approved by the department.
(c) If the construction work on tracks, pipes, or conduits involves
work of a nature as to be impractical or impossible of performance
as a separate unit, the department may by agreement with the owner
perform the work for which the owner shall reimburse the
department for the cost.
(d) Upon the completion of a street, the department shall maintain
the roadway of the street, including the curbs and gutters, catch
basins, and inlets within the limits of the street or highway that form
integral parts of the street or highway. The city or town shall
maintain the sidewalks, grass plats, and the connecting drainage
facilities.
(e) Whenever the department has responsibility for maintenance
of a street within a city or town, the department shall regulate traffic
in accordance with IC 9-21 on the street and may remove any hazard
to traffic.
As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991,
SEC.64.
IC 8-23-6-4 Business routes; improvement and maintenance
Sec. 4. Whenever:
(1) the department designates a business route or a special route
as an alternate to a state highway;
(2) the route is laid out through a city or town; and
(3) no other state highway is routed over the business or
alternate route;
the city or town is responsible for any improvements to or
maintenance of the street. As added by P.L.18-1990, SEC.215.
IC 8-23-6-5 Construction, improvement, and maintenance by municipalities
Sec. 5. This chapter does not annul, limit, or abridge the right of
a city or town, either at its own expense or at the expense of property
owners subject to assessment, to improve the sidewalks and curbs
along a street forming the route of a state highway, to construct
sewers and drains, or to construct or maintain a part of the roadway
of the street not improved or maintained by the department. The city
or town shall provide adequate drainage for the street except as
otherwise provided in this chapter. Except as expressly provided in
this chapter and subject to IC 9-21, this chapter does not limit the
right of a city or town to regulate traffic over a street over which a
highway is routed or to relieve the city or town of liability now
imposed by law. The cost of improvement, except as otherwise
provided in this chapter, shall be paid for out of the funds
appropriated to the department. Whenever a person, firm, limited
liability company, or corporation, other than a municipal corporation,
is required or obligated by a law, ordinance, or contract to keep in
repair or to maintain or to construct a street, any part of a street, or
any railroad, interurban railroad, or street railroad crossing, or any
structure or bridge thereon, this chapter does not relieve the person,
firm, limited liability company, or corporation or the receiver thereof
from the duty, obligation, or contract. As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991,
SEC.65; P.L.8-1993, SEC.153.
IC 8-23-6-6 Excavations, obstructions, and utility work; restrictions; violations
Sec. 6. (a) An opening may not be made in:
(1) a highway in the state highway system;
(2) the right-of-way of a state highway; or
(3) the roadway of a street of a city or town over which a state
highway is routed and which the department is required to
maintain;
and a structure or obstruction may not be placed in a highway or
roadway of a state highway without the consent of the department.
A highway or roadway may not be dug up for laying or placing a
pipe, sewer, pole, wire, conduit, track, or railway or for any other
purpose, and trees may not be removed from the right-of-way of a
state highway without the written permit of the department, and then
only in accordance with the rules of the department. The work shall
be done under the supervision and to the satisfaction of the
department, and the entire expense of restoring the highway or street
in as good condition as before shall be paid by the person to whom
the permit is given.
(b) The department may require, before the granting of a permit,
that a sufficient bond be given, or cash deposit made, to insure the
restoration of the highway or street. In granting a permit, the
department may designate the place in the street, highway, or
right-of-way thereof where the pipe, sewer, pole, wire, conduit, track,
railway, or other device or thing may be constructed.
(c) A person who violates this section commits a Class C
infraction. As added by P.L.18-1990, SEC.215.
IC 8-23-6
Chapter 6. State Highways in Municipalities
IC 8-23-6-1 Selection of routes; maintenance; construction of drainage
structures
Sec. 1. (a) The department shall select the route of highways in
the system of highways under its control through cities and towns,
and may change the routes as the department determines most
convenient for public travel.
(b) Notwithstanding subsection (a) and in or near the city of
Mishawaka, Indiana, the portion of Capital Avenue lying between:
(1) the most recently established US 20 bypass as of January 1,
1997; and
(2) the Indiana toll road;
is designated state route number three hundred thirty-one (331).
(c) The department, to the extent of the funds available for the
purpose, shall maintain and, as it determines necessary and as the
funds required are available, may construct and improve the roadway
of the streets or a part of the streets to the width determined by the
department. As part of the construction work, the department shall
construct within the limits of a street the curbs and gutters, manholes,
catch basins, and the necessary drainage structures and facilities.
(d) Notwithstanding subsection (c), funds for the construction or
improvement of the road designated as state route three hundred
thirty-one (331) under subsection (b), to the extent funds are
available for the construction or improvement, shall first be
exhausted from:
(1) revenue declared excess by the Indiana toll road;
(2) federal aid designated for the local metropolitan planning
organization;
(3) city and county highway funds used for such purpose; and
(4) revenue generated from local incremental finance districts;
before any funds designated to the department are used for
construction or improvement of state route three hundred thirty-one
(331). As added by P.L.18-1990, SEC.215. Amended by P.L.89-1997,
SEC.2.
IC 8-23-6-2 Construction of outside drainage facilities and sidewalks
Sec. 2. If the construction of a street necessitates the construction
of adequate connecting facilities outside the limits of the street to
provide for drainage of the street, the necessary mains, laterals, and
connections shall be provided for in the plans, included as part of the
construction cost, and paid out of the department's appropriation.
However, if the drainage facilities outside the street are to be used
for a purpose or purposes in addition to that of draining the street, a
proportionate share of the cost of construction shall be paid by the
beneficiaries of the drainage other than the department in a ratio of
the amount of waste water attributable to the other users as compared
with the total capacity of the drainage facilities. The department shall
determine the ratio. The department need not proceed with
construction until the time that an agreement with the municipality
has been effected concerning the payment of costs for drainage use
other than that which is required for state highway drainage. If the
construction of a street in the state highway system within the
boundaries of a city or town necessitates the construction of a bridge,
overhead or subway structure, and sidewalks are required as a part
of the structure, the sidewalks shall be provided for in the plans,
included as part of the construction cost, and paid out of the
department's funds. As added by P.L.18-1990, SEC.215.
IC 8-23-6-3 Construction and maintenance of streets surrounding railway
tracks, pipes and conduits, drainage facilities, and sidewalks;
regulation of traffic
Sec. 3. (a) Whenever a street on the state highway system is
located within the boundaries of a city or town and is occupied by
the track or tracks of a street railway, interurban railway, or steam
railroad, the department is not required to maintain, construct, or
improve the part of the street between the track or tracks and for
eighteen (18) inches on the outside of the outer rails. The department
shall include as part of the construction cost and pay out of
department funds any expenditures necessitated by the acquisition of
sufficient rights-of-way to construct the street.
(b) If there are any tracks, pipes, or conduits in a street, the
department may, after determining to construct or improve the street,
require the owner to restore to good condition or renew the tracks,
pipes, or conduits. The owner, within ninety (90) days after being
notified to do so, shall restore or renew the tracks, pipes, or conduits.
For tracks, the owner shall pave the part of the street between the
rails of the tracks and eighteen (18) inches on the outside in
conformity with plans approved by the department.
(c) If the construction work on tracks, pipes, or conduits involves
work of a nature as to be impractical or impossible of performance
as a separate unit, the department may by agreement with the owner
perform the work for which the owner shall reimburse the
department for the cost.
(d) Upon the completion of a street, the department shall maintain
the roadway of the street, including the curbs and gutters, catch
basins, and inlets within the limits of the street or highway that form
integral parts of the street or highway. The city or town shall
maintain the sidewalks, grass plats, and the connecting drainage
facilities.
(e) Whenever the department has responsibility for maintenance
of a street within a city or town, the department shall regulate traffic
in accordance with IC 9-21 on the street and may remove any hazard
to traffic.
As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991,
SEC.64.
IC 8-23-6-4 Business routes; improvement and maintenance
Sec. 4. Whenever:
(1) the department designates a business route or a special route
as an alternate to a state highway;
(2) the route is laid out through a city or town; and
(3) no other state highway is routed over the business or
alternate route;
the city or town is responsible for any improvements to or
maintenance of the street. As added by P.L.18-1990, SEC.215.
IC 8-23-6-5 Construction, improvement, and maintenance by municipalities
Sec. 5. This chapter does not annul, limit, or abridge the right of
a city or town, either at its own expense or at the expense of property
owners subject to assessment, to improve the sidewalks and curbs
along a street forming the route of a state highway, to construct
sewers and drains, or to construct or maintain a part of the roadway
of the street not improved or maintained by the department. The city
or town shall provide adequate drainage for the street except as
otherwise provided in this chapter. Except as expressly provided in
this chapter and subject to IC 9-21, this chapter does not limit the
right of a city or town to regulate traffic over a street over which a
highway is routed or to relieve the city or town of liability now
imposed by law. The cost of improvement, except as otherwise
provided in this chapter, shall be paid for out of the funds
appropriated to the department. Whenever a person, firm, limited
liability company, or corporation, other than a municipal corporation,
is required or obligated by a law, ordinance, or contract to keep in
repair or to maintain or to construct a street, any part of a street, or
any railroad, interurban railroad, or street railroad crossing, or any
structure or bridge thereon, this chapter does not relieve the person,
firm, limited liability company, or corporation or the receiver thereof
from the duty, obligation, or contract. As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991,
SEC.65; P.L.8-1993, SEC.153.
IC 8-23-6-6 Excavations, obstructions, and utility work; restrictions; violations
Sec. 6. (a) An opening may not be made in:
(1) a highway in the state highway system;
(2) the right-of-way of a state highway; or
(3) the roadway of a street of a city or town over which a state
highway is routed and which the department is required to
maintain;
and a structure or obstruction may not be placed in a highway or
roadway of a state highway without the consent of the department.
A highway or roadway may not be dug up for laying or placing a
pipe, sewer, pole, wire, conduit, track, or railway or for any other
purpose, and trees may not be removed from the right-of-way of a
state highway without the written permit of the department, and then
only in accordance with the rules of the department. The work shall
be done under the supervision and to the satisfaction of the
department, and the entire expense of restoring the highway or street
in as good condition as before shall be paid by the person to whom
the permit is given.
(b) The department may require, before the granting of a permit,
that a sufficient bond be given, or cash deposit made, to insure the
restoration of the highway or street. In granting a permit, the
department may designate the place in the street, highway, or
right-of-way thereof where the pipe, sewer, pole, wire, conduit, track,
railway, or other device or thing may be constructed.
(c) A person who violates this section commits a Class C
infraction. As added by P.L.18-1990, SEC.215.
IC 8-23-6
Chapter 6. State Highways in Municipalities
IC 8-23-6-1 Selection of routes; maintenance; construction of drainage
structures
Sec. 1. (a) The department shall select the route of highways in
the system of highways under its control through cities and towns,
and may change the routes as the department determines most
convenient for public travel.
(b) Notwithstanding subsection (a) and in or near the city of
Mishawaka, Indiana, the portion of Capital Avenue lying between:
(1) the most recently established US 20 bypass as of January 1,
1997; and
(2) the Indiana toll road;
is designated state route number three hundred thirty-one (331).
(c) The department, to the extent of the funds available for the
purpose, shall maintain and, as it determines necessary and as the
funds required are available, may construct and improve the roadway
of the streets or a part of the streets to the width determined by the
department. As part of the construction work, the department shall
construct within the limits of a street the curbs and gutters, manholes,
catch basins, and the necessary drainage structures and facilities.
(d) Notwithstanding subsection (c), funds for the construction or
improvement of the road designated as state route three hundred
thirty-one (331) under subsection (b), to the extent funds are
available for the construction or improvement, shall first be
exhausted from:
(1) revenue declared excess by the Indiana toll road;
(2) federal aid designated for the local metropolitan planning
organization;
(3) city and county highway funds used for such purpose; and
(4) revenue generated from local incremental finance districts;
before any funds designated to the department are used for
construction or improvement of state route three hundred thirty-one
(331). As added by P.L.18-1990, SEC.215. Amended by P.L.89-1997,
SEC.2.
IC 8-23-6-2 Construction of outside drainage facilities and sidewalks
Sec. 2. If the construction of a street necessitates the construction
of adequate connecting facilities outside the limits of the street to
provide for drainage of the street, the necessary mains, laterals, and
connections shall be provided for in the plans, included as part of the
construction cost, and paid out of the department's appropriation.
However, if the drainage facilities outside the street are to be used
for a purpose or purposes in addition to that of draining the street, a
proportionate share of the cost of construction shall be paid by the
beneficiaries of the drainage other than the department in a ratio of
the amount of waste water attributable to the other users as compared
with the total capacity of the drainage facilities. The department shall
determine the ratio. The department need not proceed with
construction until the time that an agreement with the municipality
has been effected concerning the payment of costs for drainage use
other than that which is required for state highway drainage. If the
construction of a street in the state highway system within the
boundaries of a city or town necessitates the construction of a bridge,
overhead or subway structure, and sidewalks are required as a part
of the structure, the sidewalks shall be provided for in the plans,
included as part of the construction cost, and paid out of the
department's funds. As added by P.L.18-1990, SEC.215.
IC 8-23-6-3 Construction and maintenance of streets surrounding railway
tracks, pipes and conduits, drainage facilities, and sidewalks;
regulation of traffic
Sec. 3. (a) Whenever a street on the state highway system is
located within the boundaries of a city or town and is occupied by
the track or tracks of a street railway, interurban railway, or steam
railroad, the department is not required to maintain, construct, or
improve the part of the street between the track or tracks and for
eighteen (18) inches on the outside of the outer rails. The department
shall include as part of the construction cost and pay out of
department funds any expenditures necessitated by the acquisition of
sufficient rights-of-way to construct the street.
(b) If there are any tracks, pipes, or conduits in a street, the
department may, after determining to construct or improve the street,
require the owner to restore to good condition or renew the tracks,
pipes, or conduits. The owner, within ninety (90) days after being
notified to do so, shall restore or renew the tracks, pipes, or conduits.
For tracks, the owner shall pave the part of the street between the
rails of the tracks and eighteen (18) inches on the outside in
conformity with plans approved by the department.
(c) If the construction work on tracks, pipes, or conduits involves
work of a nature as to be impractical or impossible of performance
as a separate unit, the department may by agreement with the owner
perform the work for which the owner shall reimburse the
department for the cost.
(d) Upon the completion of a street, the department shall maintain
the roadway of the street, including the curbs and gutters, catch
basins, and inlets within the limits of the street or highway that form
integral parts of the street or highway. The city or town shall
maintain the sidewalks, grass plats, and the connecting drainage
facilities.
(e) Whenever the department has responsibility for maintenance
of a street within a city or town, the department shall regulate traffic
in accordance with IC 9-21 on the street and may remove any hazard
to traffic.
As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991,
SEC.64.
IC 8-23-6-4 Business routes; improvement and maintenance
Sec. 4. Whenever:
(1) the department designates a business route or a special route
as an alternate to a state highway;
(2) the route is laid out through a city or town; and
(3) no other state highway is routed over the business or
alternate route;
the city or town is responsible for any improvements to or
maintenance of the street. As added by P.L.18-1990, SEC.215.
IC 8-23-6-5 Construction, improvement, and maintenance by municipalities
Sec. 5. This chapter does not annul, limit, or abridge the right of
a city or town, either at its own expense or at the expense of property
owners subject to assessment, to improve the sidewalks and curbs
along a street forming the route of a state highway, to construct
sewers and drains, or to construct or maintain a part of the roadway
of the street not improved or maintained by the department. The city
or town shall provide adequate drainage for the street except as
otherwise provided in this chapter. Except as expressly provided in
this chapter and subject to IC 9-21, this chapter does not limit the
right of a city or town to regulate traffic over a street over which a
highway is routed or to relieve the city or town of liability now
imposed by law. The cost of improvement, except as otherwise
provided in this chapter, shall be paid for out of the funds
appropriated to the department. Whenever a person, firm, limited
liability company, or corporation, other than a municipal corporation,
is required or obligated by a law, ordinance, or contract to keep in
repair or to maintain or to construct a street, any part of a street, or
any railroad, interurban railroad, or street railroad crossing, or any
structure or bridge thereon, this chapter does not relieve the person,
firm, limited liability company, or corporation or the receiver thereof
from the duty, obligation, or contract. As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991,
SEC.65; P.L.8-1993, SEC.153.
IC 8-23-6-6 Excavations, obstructions, and utility work; restrictions; violations
Sec. 6. (a) An opening may not be made in:
(1) a highway in the state highway system;
(2) the right-of-way of a state highway; or
(3) the roadway of a street of a city or town over which a state
highway is routed and which the department is required to
maintain;
and a structure or obstruction may not be placed in a highway or
roadway of a state highway without the consent of the department.
A highway or roadway may not be dug up for laying or placing a
pipe, sewer, pole, wire, conduit, track, or railway or for any other
purpose, and trees may not be removed from the right-of-way of a
state highway without the written permit of the department, and then
only in accordance with the rules of the department. The work shall
be done under the supervision and to the satisfaction of the
department, and the entire expense of restoring the highway or street
in as good condition as before shall be paid by the person to whom
the permit is given.
(b) The department may require, before the granting of a permit,
that a sufficient bond be given, or cash deposit made, to insure the
restoration of the highway or street. In granting a permit, the
department may designate the place in the street, highway, or
right-of-way thereof where the pipe, sewer, pole, wire, conduit, track,
railway, or other device or thing may be constructed.
(c) A person who violates this section commits a Class C
infraction. As added by P.L.18-1990, SEC.215.
