20190821-IR-105170337FRA
| Jurisdiction | Indiana |
| Library | Indiana Register |
| Year | 2019 |
TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION
Final Rule
LSA Document #17-337(F)
DIGEST
Amends 105 IAC 7-1-1 concerning the name of the department. Amends 105 IAC 7-1-2 concerning
definitions. Amends 105 IAC 7-1-7 to reference this rule. Amends 105 IAC 7-1-20 to reference objections are
subject to the time computations provisions in statute. Amends 105 IAC 7-1-22 to reference 105 IAC 7-2-4(2).
Amends 105 IAC 7-1-32 to reference this rule. Amends 105 IAC 7-1-33 to reference this rule. Amends 105 IAC 7-
2-2 to reference this article and this rule. Amends 105 IAC 7-2-4 to reference 105 IAC 7-1. Amends 105 IAC 7-2-5
to reference section 4(1) and 4(2) of this rule. Amends 105 IAC 7-2-6 to reference section 4 of this rule. Adds 105
IAC 7-4 regarding outdoor advertising sign requirements and criteria, the permitting process and appeals, and
scenic byways. Repeals 105 IAC 7-3.NOTE: Under IC 4-22-2-40, LSA Document #17-337, posted at
20181121-IR-105170337PRA, was recalled by the Indiana Department of Transportation and revised and
resubmitted for publication, and reposted at 20190522-IR-105170337PRA.Effective 30 days after filing with the
Publisher.
105 IAC 7-1-1;105 IAC 7-1-2;105 IAC 7-1-7;105 IAC 7-1-20;105 IAC 7-1-22;105 IAC 7-1-32;105 IAC 7-1-33;
105 IAC 7-2-2;105 IAC 7-2-4;105 IAC 7-2-5;105 IAC 7-2-6;105 IAC 7-3;105 IAC 7-4
SECTION 1. 105 IAC 7-1-1 IS AMENDED TO READ AS FOLLOWS:
105 IAC 7-1-1 Purpose of rule
Authority: IC 9-21-19-2
Affected: IC 8-23-20
Sec. 1. The Indiana department of highways is authorized to determine and establish such requirements and
restrictions for driveway approaches as may be necessary to provide for the drainage of the highway,
preservation of the highway, and the safety and convenience of traffic on the highway. A written permit application
shall be considered by the department and, if in accordance with properly established regulations and
requirements, a permit shall be granted subject to appropriate conditions and provisions contained therein. All
work on the permit shall be performed to the satisfaction of the department.
(Indiana Department of Transportation; Rule 1; filed Nov 16, 1971, 9:45 a.m.: Rules and Regs. 1972, p. 140; filed
Aug 2, 1985, 3:39 p.m.: 8 IR 1703; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14,
2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.:
20131030-IR-105130295RFA; filed Jul 24, 2019, 8:08 a.m.: 20190821-IR-105170337FRA) NOTE: Transferred
from Department of Highways (120 IAC 2-1-1) to Indiana Department of Transportation (105 IAC 7-1-1) by
P.L.112-1989, SECTION 5, effective July 1, 1989.
SECTION 2. 105 IAC 7-1-2 IS AMENDED TO READ AS FOLLOWS:
105 IAC 7-1-2 Definitions
Authority: IC 8-23-2-6;IC 9-21-19-2
Affected: IC 8-23-20
Sec. 2. The following definitions apply throughout this article: rule, 105 IAC 7-1.5, and 105 IAC 7-2:
(1) "Access" means a location that:
(A) allows vehicular or pedestrian traffic to cross the highway right-of-way line; and
(B) is positioned at the connection of a driveway with the approach at the right-of-way line.
(2) "Applicant" means:
(A) a person;
(B) a partnership;
(C) a company;
(D) a corporation;
(E) an association; or
(F) an agency;
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Date: Aug 22,2019 1:39:35AM EDT DIN: 20190821-IR-105170337FRA Page 1
making application for a permit to perform work on an approach.
(3) "Application" means a formally prepared request for a permit that is presented by an applicant on a permit
form to the department seeking permission to perform work on a highway right-of-way.
(4) "Approach" means a way or place improved for vehicular or pedestrian traffic on the highway right-of-way
that joins the pavement edge of the highway with a driveway or pedestrian walkway.
(5) "Auxiliary lane" means a portion of the roadway adjoining the traveled way for:
(A) parking;
(B) speed change;
(C) turning;
(D) storage for turning;
(E) weaving;
(F) truck climbing; or
(G) other purposes.
(6) "Changeable message sign" has the meaning set forth in IC 8-23-1-14.3.
(7) (6) "Commercial approach" means an approach that joins the highway with a driveway to private property
used for commercial purposes and to public property.
(8) "Conforming sign" means a sign that meets the current criteria of 23 U.S.C. 131, 23 CFR 750.708, and IC
8-23-20.
(9) (7) "Crossover" means a paved or graded crossing in the highway median that allows vehicles to cross or
to turn across the highway.
(10) (8) "Department" means the Indiana department of transportation acting directly or through its duly
authorized officers and agents.
(11) (9) "Driveway" means a way or place not on the department right-of-way that is used for vehicles.
(12) (10) "Expiration date" means the last calendar day that the:
(A) valid permit is in effect; and
(B) approach must be in compliance with all conditions of the permit.
(13) (11) "Field approach" means an approach that joins the highway with a driveway to private property that
is:(A) vacant;
(B) in an unimproved condition; or
(C) a farm field.
(14) (12) "Highway" means any roadway under the jurisdiction of the department that is designated as:
(A) a state route;
(B) a U.S. route; or
(C) an interstate.
(15) (13) "Issue date" means a calendar day that the permit is granted to the applicant.
(16) (14) "Level-of-service C" has the meaning as defined by the current edition of the Highway Capacity
Manual*.
(17) (15) "Level-of-service D" has the meaning as defined by the current edition of the Highway Capacity
Manual*.
(18) (16) "Limited access facility" means a highway especially designed for through traffic and over, from, or to
which owners or occupants of abutting land or other persons have no right or easement or only a limited right
or easement of direct access, light, air, or view by reason of fact that their property abuts such limited access
facility or for any other reason.
(19) (17) "Median" means the portion of a divided highway separating the traveled way for traffic proceeding in
opposite directions.
(20) "Nonconforming sign" means a sign which was lawfully erected but does not comply with the provisions of
state law or state regulations passed at a later date or later fails to comply with state law or state regulations
due to changed conditions.
(21) (18) "Notice" means a certified letter from the department addressed to the owner of the real estate
stating that the approach for a driveway emanating from the real estate is unauthorized and providing:
(A) the approximate location of the approach;
(B) a statement of any substandard elements of the approach;
(C) the action to be taken by the owner; and
(D) the deadline for completing the prescribed action.
(22) (19) "Peak direction" means the principal direction of traffic flow during a selected period of time.
(23) (20) "Permit" means a legal document in which the department gives written permission to an applicant to
perform work on the highway right-of-way.
(24) (21) "Permittee" means the applicant following the issuance of a permit by the department.
(25) (22) "Private approach" means an approach that:
(A) joins the highway with a driveway to private property having:
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(i) a residence;
(ii) a barn;
(iii) a private garage; or
(iv) other improvements; and
(B) is ordinarily used only by:
(i) the owner or occupant of the premises;
(ii) guests; and
(iii) necessary service vehicles.
(26) (23) "Purchased limited access" means rights-of-way:
(A) along any highway designated by the department to be alimited access facility; and
(B) whose access rights have been acquired by the department.
(27) (24) "Right-of-way" means all land:
(A) under the jurisdiction of; and
(B) whose use is controlled by;
the department.
(28) (25) "Shoulder" means that portion of the highway right-of-way contiguous with the traveled way for:
(A) accommodation of stopped vehicles;
(B) emergency use; and
(C) lateral support of roadway base and surface courses.
It is measured from the edge of pavement for traveled way or, if present, auxiliary lane to the intersection of
the shoulder and fill or ditch slopes.
(29) "Sign":
(A) has the meaning set forth in IC 8-23-1-38; and
(B) includes a changeable message sign.
(30) (26) "Street peak hour" means the hour within a selected period of time, such as the "AM street peak
(weekday)", in which there is a maximum flow of traffic on the roadway system adjacent to a development or
proposed development.
(31) (27) "Title evidence" means documentation in the form of a certified search covering a period of twenty
(20) years, current title insurance, or certified letter from abstractor or title insurance agent certifying fee simple
ownership of property.
(32) (28) "Traffic" means:
(A) pedestrians;
(B) ridden or herded animals;
(C) vehicles; and
(D) other conveyances;
either singly or together, while using any highway for purposes of travel.
(33) (29) "Traffic control" means devices, such as:
(A) signs;
(B) barricades;
(C) pavement markings; and
(D) signalization;
used to direct traffic in safe orderly use of the highway.
(34) (30) "Traffic impact analysis study" means a specialized study of the impact a given type and size of new
land use has or will have on a nearby public transportation system, that is prepared by or under the
supervision of a registered professional engineer with experience in traffic engineering operations.
(35) (31) "Traffic operations analysis study" means a specialized study of the possible traffic safety and
operational problems a proposed development may have in the immediate vicinity of the development site due
to a compromise in existing design standards caused by the development that is prepared by or under the
supervision of a registered professional engineer with experience in traffic engineering operations.
(36) (32) "Transportation improvement program" means identified projects in the program of future projects for
Indiana or political subdivisions throughout the state.
(37) (33) "Traveled way" means the portion of roadway used for the movement of traffic, excluding shoulders
and auxiliary lanes.
(38) (34) "Unauthorized approach" means an approach that:
(A) has been constructed, reconstructed, altered, or modified;
(B) remains incomplete or has become substandard for any reason, such as a change in land use; and
(C) is not approved nor authorized to exist in its present condition, under present traffic pattern, by the
department.
(39) (35) "Vehicle trip generation rate" means the actual or estimated number of vehicle trips that a specific
land use or development generates or is anticipated to generate.
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