Indiana Code
Title 8. Utilities and Transportation
Article 23. Indiana Department of Transportation

8-23-2-5.5. Coordinated Use of Public Rights-of-Way; Sharing of Information; Adoption of Rules - Sec. 5.5. (a) The department shall develop a program to...

8-23-2-6. Department Powers; Contracts and Lease With the Indiana Finance Authority; Confidential Documents - Sec. 6. (a) The department, through the commissioner or the...

8-23-2-6.5. Abandonment of Facility Constructed or Installed in Right-of-Way - Sec. 6.5. The department may require a private entity to...

8-23-2-7. Repealed - As added by P.L.112-1989, SEC.5. Repealed by P.L.18-1990, SEC.299.

8-23-2-8. Repealed - As added by P.L.112-1989, SEC.5. Repealed by P.L.18-1990, SEC.299.

8-23-2-9. References to Certain Transportation Agencies as References to Department of Transportation - Sec. 9. After June 30, 1989, any reference to: (1)...

8-23-2-10. Preexisting Rules of Certain Transportation Agencies as Rules of Department of Transportation - Sec. 10. Any rules of: (1) the transportation coordinating board...

8-23-2-11. Application of Section; Surplus Property; Trust Bid - Sec. 11. (a) This section applies to the disposal of...

8-23-2-12. Engineers and Land Surveyors; Contracts; Compensation - Sec. 12. A contract for professional services of engineers or...

8-23-2-12.5. "Contractor"; "Professional Services"; Liability of Contractors - Sec. 12.5. (a) As used in this section, "contractor" refers...

8-23-2-13. Notaries Public; Costs and Expenses; Powers - Sec. 13. (a) The department shall determine the number of...

8-23-2-14. Extension of Engineering Services and Testing Facilities to Counties and Municipalities; Reimbursement - Sec. 14. The department may furnish on request of a...

8-23-2-15. "Highway Work Zone"; Use of Off Duty Police Officers to Patrol Highway Work Zones - Sec. 15. (a) As used in this section, "highway work...

8-23-2-16. Repealed - As added by P.L.5-1993, SEC.25. Repealed by P.L.35-1995, SEC.5.

8-23-2-17. Public Hearings - Sec. 17. (a) As used in this section, "public hearing"...

8-23-2-18. Nursery Stock and Wildflower Seed Sales - Sec. 18. (a) This section does not apply to the...

8-23-2-19. Road and Bridge Condition Metrics; Prioritization System; Budgetary Needs - Sec. 19. (a) The department shall: (1) establish a single...

8-23-2-20. Communications Infrastructure Located Before May 1, 2019, in Department's Rights-of-Way; Access Rate or Recurring Charge Prohibited - Sec. 20. (a) As used in this section, "communications infrastructure"...

Chapter 3. Federal Transportation Funds

8-23-3-1. Application of Chapter - Sec. 1. This chapter applies to the use of federal...

8-23-3-2. Nonapplication of Chapter - Sec. 2. This chapter does not apply to grants described...

8-23-3-3. Departmental Approval of Grants - Sec. 3. An agency must submit to the department for...

8-23-3-4. Departmental Action on Grants - Sec. 4. The department shall do the following: (1) Review...

8-23-3-5. Duties of Agencies - Sec. 5. An agency shall do the following: (1) Use...

8-23-3-6. Allotment of Funds - Sec. 6. The budget agency shall only allot funds to...

8-23-3-7. Filing of Approved Grant Applications; Necessity of Compliance - Sec. 7. (a) Each political subdivision shall file with the...

8-23-3-8. Public Mass Transportation Fund; Establishment; Use - Sec. 8. (a) The public mass transportation fund is established...

8-23-3-9. Repealed - As added by P.L.88-1991, SEC.1. Repealed by P.L.2-1996, SEC.297.

8-23-3-10. Federal Aid Highways Need; Investigation - Sec. 10. (a) Investigations conducted by the department to determine...

8-23-3-11. Deposit of Revenue in Grant Anticipation Fund - Sec. 11. Notwithstanding any other provision of this chapter, if...

Chapter 4. General Highway, Road, and Street Provisions

8-23-4-1. Highway and Street Systems of State - Sec. 1. The highway and street system of Indiana consists...

8-23-4-2. State Highway System; Designation; Composition; Selection Criteria; Classification - Sec. 2. (a) The state highway system shall be designated...

8-23-4-3. County Arterial Highway Systems; Selection Criteria; Addition, Relocation, and Deletion - Sec. 3. (a) The county arterial highway system shall be...

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...

8-23-4-5. Changes in Highway and Street Systems - Sec. 5. A highway or street system established under this...

8-23-4-6. Highway and Street System Maps - Sec. 6. The commissioner shall at all times maintain maps...

8-23-4-7. Cooperation of Director With Executives and Municipalities - Sec. 7. The state aid director shall cooperate with the...

8-23-4-8. Changes in Location of State Highways - Sec. 8. The department may change the location of a...

8-23-4-9. Abandonment of Rights-of-Way; Reversion or Release; Consideration - Sec. 9. (a) Whenever the department determines that a part...

8-23-4-10. Transfer of State Highways to County and Municipal Systems - Sec. 10. Whenever the department determines that, because of the...

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...

8-23-4-12. Transfer of Roads and Streets Between Systems; Memorandum - Sec. 12. The transfer of roads or streets between systems...

Chapter 5. State Highways

8-23-5-1. Encroachment on State Highways; Removal, Prevention, and Termination; Notice; Entry; Costs; Exceptions - Sec. 1. (a) The department may remove, prevent, or terminate...

8-23-5-2. Construction and Reconstruction at Railroad Crossings; Costs - Sec. 2. (a) If a highway or road is being...

8-23-5-3. Construction of Railroad Viaducts - Sec. 3. (a) The department may construct a viaduct where...

8-23-5-4. Improvement of Certain Connecting Streets and Roads - Sec. 4. Whenever: (1) the department improves a state highway...

8-23-5-5. Construction of Sidewalks - Sec. 5. The department may construct sidewalks on and along...

8-23-5-6. Maintenance of State Institution Roadways - Sec. 6. (a) The department shall maintain all highways and...

8-23-5-7. Construction and Maintenance of Roadside Parks and Connecting Highways - Sec. 7. (a) As part of the state highway system,...

8-23-5-8. Installation of Vending Machines in Interstate Highway Rest Areas - Sec. 8. (a) The department may install vending machines for...

8-23-5-9. Additions to State Highway System; Procedures - Sec. 9. (a) The department may establish the approximate locations,...

8-23-5-10. Dig Once Broadband Corridor Program for Communications Infrastructure in Limited Access Highway Rights-of-Way; Required Installation of Fiber Conduit by Excavators; Fee for Use of Communications Infrastructure; Discrimination Among Entitie... - Sec. 10. (a) The following definitions apply only throughout this...

Chapter 6. State Highways in Municipalities

8-23-6-1. Selection of Routes; Maintenance; Construction of Drainage Structures - Sec. 1. (a) The department shall select the route of...

8-23-6-2. Construction of Outside Drainage Facilities and Sidewalks - Sec. 2. If the construction of a street necessitates the...

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...

8-23-6-4. Business Routes; Improvement and Maintenance - Sec. 4. Whenever: (1) the department designates a business route...

8-23-6-5. Construction, Improvement, and Maintenance by Municipalities - Sec. 5. This chapter does not annul, limit, or abridge...

8-23-6-6. Excavations, Obstructions, and Utility Work; Restrictions; Violations - Sec. 6. (a) An opening may not be made in:...

Chapter 7. Real Property Transactions

8-23-7-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to section 19 of this...

8-23-7-1. Application of Chapter - Sec. 1. Except as otherwise provided in this chapter, IC...

8-23-7-2. Purposes for Acquiring Real Property - Sec. 2. The department may acquire real property for any...

8-23-7-2.5. Appraisal of Real Property - Sec. 2.5. (a) Except as provided in subsection (b), real...

8-23-7-3. Railroad Rights-of-Way - Sec. 3. The department may transfer fee simple title or...

8-23-7-4. Description of Property to Be Acquired; Preparation and Filing - Sec. 4. If: (1) the department determines the location of...

8-23-7-5. Notice to Owners; Delivery - Sec. 5. The department shall give written notice to the...

8-23-7-6. Improvement and Changes in Use of Property; Restrictions - Sec. 6. An owner receiving notice under section 5 of...

8-23-7-7. Improvement and Changes in Use of Property; Time Limit for State Action - Sec. 7. Whenever the department receives notice under section 6...

8-23-7-8. Variances and Building Permits; Notice to Department; Hearing - Sec. 8. If the property described in section 4 of...

8-23-7-9. Improvement and Changes in Use of Property; Loss of Notice Rights - Sec. 9. If the department has not acquired or commenced...

8-23-7-10. Publication of Information Concerning Purchased Property - Sec. 10. Whenever the department purchases real property by agreement...

8-23-7-11. Vouchers for Payment; Attaching Grant or Deed Copies - Sec. 11. A copy of a grant or deed purchased...

8-23-7-12. Vouchers for Payment; Certification; Payment - Sec. 12. If condemnation proceedings have been instituted concerning real...

8-23-7-13. Sale of Surplus Property - Sec. 13. If the department determines that real property owned...

8-23-7-13.5. Indiana Department of Transportation Nonmarketable Property - Sec. 13.5. (a) If the department determines that real property...

8-23-7-14. Sale of Surplus Property Separated From Abutting Parcel; Offer to Abutting Property Owner - Sec. 14. If a property found to be surplus under...

8-23-7-15. Sale of Surplus Property Separated From Abutting Parcel; Procedure When Abutting Property Owner Fails to Accept Offer - Sec. 15. (a) If an owner offered surplus property under...

8-23-7-16. Sale of Surplus Property Valued at Less Than $10,000 - Sec. 16. If the appraised value of real property determined...

8-23-7-17. Exchange of Lands, Rights, and Easements; Criteria - Sec. 17. Whenever the department determines that because of: (1)...

8-23-7-18. Exchange of Lands, Rights, and Easements; Valuation; Payments for Differences in Value - Sec. 18. Before making an exchange under section 17 of...

8-23-7-19. Exchange of Lands, Rights, and Easements; Improvements - Sec. 19. (a) If an exchange under section 17 of...

8-23-7-20. Exchange of Lands, Rights, and Easements; Attaching Construction Contracts, Bonds, or Plans to Exchange Agreements - Sec. 20. The construction contract, bond, plans, and specifications required...

8-23-7-21. Exchange of Lands, Rights, and Easements; Improvement Completion Requirement - Sec. 21. An exchange agreement under section 19 of this...

8-23-7-22. Change of State Highway to Tollway - Sec. 22. (a) Subject to subsection (b), the department may,...

8-23-7-23. Change of State Highway to Toll Road - Sec. 23. (a) Subject to subsection (c), the department may,...

8-23-7-24. Designated Parts of State Highway Allowed to Be Either Tollway or Toll Road - Sec. 24. A designated part of a state highway may...

8-23-7-25. Change of State Highways to Tollways and Toll Roads; Effectiveness of Orders - Sec. 25. An order issued under section 22 or 23...

8-23-7-26. Surveys and Investigations; Right of Entry - Sec. 26. An authorized employee or representative of the department...

8-23-7-27. Surveys and Investigations; Notification of Occupants - Sec. 27. (a) Before an authorized employee or representative of...

8-23-7-28. Surveys and Investigations; Compensation for Damages - Sec. 28. If during an entry under section 26 of...

8-23-7-29. Priority of Actions - Sec. 29. Court proceedings to acquire real property, rights, or...

8-23-7-30. Municipal Acquisition of Rights-of-Way - Sec. 30. The authority given the department under this chapter...

8-23-7-31. Acquisition of Property, Rights, and Easements; Legal Description; Taxation - Sec. 31. (a) Whenever the department acquires real property, rights,...

8-23-7-32. Preservation of Abstracts of Title, Title Insurance Policies, and Other Title Papers - Sec. 32. All abstracts of title, policies of title insurance,...

Chapter 8. Limited Access Facilities

8-23-8-1. Planning, Construction, Maintenance, and Regulation - Sec. 1. The department and the highway authorities of the...

8-23-8-1.3. Commerce Corridors - Sec. 1.3. (a) The department shall do the following: (1)...

8-23-8-2. Division Into Separate Roadways - Sec. 2. The department and the highway authorities may divide...

8-23-8-3. Acquisition of Property and Property Rights - Sec. 3. (a) The department or a highway authority may...

8-23-8-4. Designation; Elimination of Intersections - Sec. 4. (a) The department or the highway authority of...

8-23-8-5. Bypass Highways - Sec. 5. Whenever the department constructs a bypass highway around...

8-23-8-6. Joint Agreements; Counties, Municipalities, and Federal Government - Sec. 6. (a) The department may enter into agreements with...

8-23-8-7. Local Service Roads; Access Roads to Service Facilities - Sec. 7. (a) The department, a county, or a municipality...

8-23-8-8. Ingress and Egress to and From Abutting Lands - Sec. 8. A person is not entitled to ingress or...

8-23-8-9. Offenses - Sec. 9. (a) A person may not do any of...

8-23-8-10. State Road 331 in St. Joseph County - Sec. 10. (a) As used in this section, "designated highway"...

Chapter 9. State Highway Contracts; General Powers

8-23-9-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to section 8 of this...

8-23-9-1. Opening of Sealed Bids - Sec. 1. On the date and at the time and...

8-23-9-2. Rejection of Proposals - Sec. 2. The commissioner may reject any and all proposals...

8-23-9-3. Lowest and Best Bidder; Letting of Contract; Determination - Sec. 3. Except as provided in sections 4 and 4.5...

8-23-9-4. Acceptance of Proposals; Criteria - Sec. 4. Notwithstanding any other statute or rule adopted by...

8-23-9-4.5. Qualified Work Release Programs; Highway Right-of-Way Maintenance; Exception to Competitive Bid Requirements - Sec. 4.5. (a) As used in this section, "qualified work...

8-23-9-5. Construction and Maintenance When No Satisfactory Proposal Received - Sec. 5. If, in the opinion of the commissioner, no...

8-23-9-6. Spending Limit When No Satisfactory Proposal Received - Sec. 6. The commissioner may not expend more than eighty-five...

8-23-9-7. Adoption of Rules Governing Purchases of Material and Equipment - Sec. 7. The department shall adopt rules governing the purchase...

8-23-9-8. Bid Guarantee and Performance Bond Requirements - Sec. 8. The department: (1) shall require each bidder to...

8-23-9-9. Bid Guarantee and Performance Bond Amounts - Sec. 9. The bid guarantee must be in the penal...

8-23-9-10. Performance Bonds; Deposit; Reinsurance; Statements of Amounts Due - Sec. 10. The bond shall be deposited with and held...

8-23-9-11. Actions on Performance Bonds - Sec. 11. Suit may not be brought against the sureties...

8-23-9-12. Performance Bond Form - Sec. 12. The bond provided in this section must be...

8-23-9-13. Trust Bids - Sec. 13. (a) This section applies whenever a contract is...

8-23-9-14. Partial Payments; Authorization - Sec. 14. The department may authorize partial payments to any...

8-23-9-15. Repealed - As added by P.L.18-1990, SEC.218. Amended by P.L.117-1995, SEC.2. Repealed...

8-23-9-16. Acceptance of Completed Work; Relief of Contractor's Liability - Sec. 16. (a) After complete inspection has been made and...

8-23-9-17. Withdrawal and Payment of Retained Percentages - Sec. 17. At any time after the contract has been...

8-23-9-18. Final Payments; Disputes - Sec. 18. (a) Each contract entered into under this chapter...

8-23-9-19. Repealed - As added by P.L.18-1990, SEC.218. Repealed by P.L.267-2001, SEC.2.

8-23-9-20. Repealed - As added by P.L.18-1990, SEC.218. Repealed by P.L.267-2001, SEC.2.

8-23-9-21. Contract Form; Approval - Sec. 21. Every contract for highway work shall be made...

8-23-9-22. Hourly Wage Rates - Sec. 22. A bid submitted for the construction or betterment...

8-23-9-23. Residency Requirement for Unskilled Laborers - Sec. 23. It must be a condition of every contract...

8-23-9-24. Survey Monuments; Procedure Upon Removal or Burial - Sec. 24. If in the construction or maintenance of a...

8-23-9-25. Nonperformance or Abandonment of Contracts; Completion of Work; Costs and Expenses - Sec. 25. Any time a contractor: (1) fails to commence...

8-23-9-26. Claims Against Contractors; Filing With Department - Sec. 26. A person, firm, limited liability company, or corporation...

8-23-9-27. Claims Against Contractors; Mailing of Copies - Sec. 27. A claim under section 26 of this chapter...

8-23-9-28. Claims Against Contractors; Retaining Amount of Claim - Sec. 28. Upon the receipt of a claim under section...

8-23-9-29. Claims Against Contractors; Allowance or Rejection - Sec. 29. Within twenty (20) days of the receipt of...

8-23-9-30. Claims Against Contractors; Notice of Rejection; Commencement of Actions - Sec. 30. If a claim is rejected in whole or...

8-23-9-31. Claims Against Contractors; Payment of Amount Adjudged Due - Sec. 31. If an action is filed and the department...

8-23-9-32. Claims Against Contractors; Failure to File Certificate - Sec. 32. If within ninety (90) days after the date...

8-23-9-33. Claims Against Contractors; Additional Remedy - Sec. 33. In addition to the remedy given in sections...

8-23-9-34. Claims Against Contractors; Filing of Actions - Sec. 34. Whenever a claim has been filed under this...

8-23-9-35. Claims Against Contractors; Mailing or Publication of Notice - Sec. 35. Notice under section 34 of this chapter shall...

8-23-9-36. Claims Against Contractors; Certificates of Filing of Actions - Sec. 36. Upon the filing of an action under section...

8-23-9-37. Claims Against Contractors; Retention of Security for Protection of Claimant - Sec. 37. Upon the filing of an action and the...

8-23-9-38. Claims Against Contractors; Failure to File Action and Certificate - Sec. 38. If a claimant does not file an action...

8-23-9-39. Claims Against Contractors; Additional Proceedings - Sec. 39. Sections 34 through 38 of this chapter do...

8-23-9-40. Railroad Crossings; Separation of Grades - Sec. 40. Whenever a state highway is being constructed or...

8-23-9-41. Railroad Crossings; Separation of Grades; Rights, Powers, and Duties of Parties Involved - Sec. 41. Upon the filing of a petition under section...

8-23-9-42. Railroad Crossings; Separation of Grades; Payment of Costs - Sec. 42. When any separation of grades is made by...

8-23-9-43. Railroad Crossings; Separation of Grades; Multiple Railroads; Payment of Costs - Sec. 43. If two (2) or more railroads, interurban street...

8-23-9-44. Railroad Crossings; Separation of Grades; Maintenance - Sec. 44. After the construction of a separation, the department...

8-23-9-45. Railroad Crossings; Improvement and Maintenance - Sec. 45. Where the track or tracks of any steam,...

8-23-9-46. Railroad Crossings; Width of Improvements - Sec. 46. Whenever a highway improvement under section 45 of...

8-23-9-47. Railroad Crossings; Election by Railroad Companies to Make or Pay for Improvements - Sec. 47. A railroad company may elect, by written notice...

8-23-9-48. Tearing Up and Disturbing Highways; Permit; Unauthorized Signs and Markers; Violations - Sec. 48. (a) A state highway may not be torn...

8-23-9-49. Approaches and Drainage Structures; Construction; Private Facilities - Sec. 49. The construction of public road approaches, drainage structures...

8-23-9-50. Use of Prison Labor in Preparation and Manufacturing of Road Materials - Sec. 50. The department, with the approval of the governor,...

8-23-9-51. Drains, Culverts, and Bridges; Bridge Construction Contracts - Sec. 51. All drains, culverts, and bridges on any state...

8-23-9-52. Contracts Specifying Borrow or Clearing and Grubbing; Standards - Sec. 52. (a) A department contract that specifies borrow or...

8-23-9-53. Trench Safety Systems; Costs - Sec. 53. (a) This section applies to a construction, an...

8-23-9-54. State Highway Fund; Creation and Management - Sec. 54. (a) To provide funds for carrying out the...

8-23-9-55. Use of State Highway Fund - Sec. 55. Money in the state highway fund shall be...

8-23-9-56. Research Assistance; Report to Joint Study Committee on Transportation and Infrastructure Assessment and Solutions - Sec. 56. (a) The department may cooperate with and assist...

8-23-9-57. Cooperation With Federal and Other States' Officials - Sec. 57. The department may cooperate with the governing officials...

8-23-9-58. Utility Facilities; Costs and Delays Due to Facility Relocations; Contractor's Right to Compensation or Expenses - Sec. 58. (a) This section applies to a construction contract...

8-23-9-59. Application of Ic 5-22-16.5 to Award of Contracts Under Article - Sec. 59. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with...

Chapter 10. Qualifications of Bidders for Contracts

8-23-10-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to section 4 of this...

8-23-10-0.5. Applicability of Qualification Requirement Under Ic 5-16-13; Exemption for Local Unit Projects - Sec. 0.5. (a) The definitions in IC 5-16-13 apply to...

8-23-10-1. Qualified Bidders Required; Exception - Sec. 1. It is unlawful to award a contract to...

8-23-10-2. Qualification Applications; Investigation; Certificates of Qualification; Revocation of Certificates - Sec. 2. (a) A bidder desiring to submit to the...

8-23-10-2.5. Public Availability of Certificates of Qualification - Sec. 2.5. The department shall make available for public inspection...

8-23-10-3. Financial Statements of Applicants - Sec. 3. (a) A bidder may not be given a...

8-23-10-4. Subcontractors; Qualification - Sec. 4. It is unlawful for a successful bidder to...

8-23-10-5. Notice of Action on Application; Reapplication - Sec. 5. (a) All applicants for qualification shall be promptly...

8-23-10-6. Unqualified Bidders; Rejection of Bids - Sec. 6. The department may not consider a bid filed...

8-23-10-7. Revenue Department; Access to Names of Bidders, Contractors, and Subcontractors; Bidders on Tax Warrant List - Sec. 7. (a) The department may allow the department of...

8-23-10-8. False Statements; Penalty - Sec. 8. It is a Class C infraction for an...

Chapter 11. Emergency Repairs Without Bidding

8-23-11-1. Requirements - Sec. 1. (a) Whenever a bridge, culvert, roadway, or any...

8-23-11-2. Repealed - As added by P.L.18-1990, SEC.220. Repealed by P.L.16-2020, SEC.2.

8-23-11-3. Bids From Racial Minority Businesses - Sec. 3. The department shall make a concentrated effort to...

Chapter 12. Sufficiency Rating System for Programs and Annual Reports

8-23-12-1. "Sufficiency Rating" Defined - Sec. 1. As used in this chapter, "sufficiency rating" means...

8-23-12-2. Long-Range Construction Program - Sec. 2. The department shall prepare, formally adopt, and publish...

8-23-12-3. Reinspection of Roads; Additional Information Included in Long-Range Program - Sec. 3. The department shall cause a periodic reinspection of...

8-23-12-4. Annual Adoption of Long Range Program; Biennial Work Program - Sec. 4. (a) The department shall annually adopt from its...

8-23-12-5. Reports; Publication; Contents - Sec. 5. The department shall prepare and publish and make...

8-23-12-6. Supplements to Reports - Sec. 6. Notwithstanding any other provisions of this chapter, the...

Chapter 13. Annual Inventory of Equipment

8-23-13-1. Establishment and Maintenance of Records - Sec. 1. The department shall establish and maintain complete inventory...

8-23-13-2. Expended Supplies - Sec. 2. Supplies that are expended at the same time...

Chapter 14. Rental of Highway Equipment

8-23-14-1. Rates - Sec. 1. The department is prohibited from renting equipment for...

8-23-14-2. Emergency Procedure - Sec. 2. In case of an emergency, if it is...

Chapter 15. Local Road and Street Inventory

8-23-15-1. Mileage and Use Inventories - Sec. 1. The department shall periodically inventory the mileage and...

8-23-15-2. Notice; Confirmation of Accuracy; Appeals - Sec. 2. In undertaking the inventory under this chapter, the...

8-23-15-3. Roads Included in Inventories - Sec. 3. For the purpose of the inventory under this...

8-23-15-4. Use in Annual Certification of County Road Mileage - Sec. 4. The department shall use the inventory developed under...

Chapter 16. Legal Defense for Employees

8-23-16-1. "Member" Defined - Sec. 1. As used in this chapter, "member" means all...

8-23-16-2. Application of Chapter - Sec. 2. Subject to IC 34-13-2, IC 34-13-3, and IC...

8-23-16-3. Duties of Attorney General - Sec. 3. The attorney general shall: (1) when the department...

8-23-16-4. Admission of Administrative Determinations as Evidence - Sec. 4. The administrative determination by the department or the...

8-23-16-5. Right to Select Defense Counsel; Relieve From Civil Damages - Sec. 5. This chapter may not be construed to: (1)...

Chapter 17. Relocation Assistance

8-23-17-1. "Agency" Defined - Sec. 1. As used in this chapter, "agency" means a...

8-23-17-2. "Agency Head" Defined - Sec. 2. As used in this chapter, "agency head" means...

8-23-17-3. "Displaced Person", "Displaced", and "Displacement" Defined - Sec. 3. As used in this chapter, "displaced person" or...

8-23-17-4. "Business" Defined - Sec. 4. As used in this chapter, "business" means any...

8-23-17-5. "Farm Operation" Defined - Sec. 5. As used in this chapter, "farm operation" means...

8-23-17-6. "Dwelling" Defined - Sec. 6. As used in this chapter, "dwelling" means any...

8-23-17-7. "Adequate Replacement Dwelling" Defined - Sec. 7. As used in this chapter, "adequate replacement dwelling"...

8-23-17-8. "Gross Monthly Income" Defined - Sec. 8. As used in this chapter, "gross monthly income"...

8-23-17-9. "Person" and "Owner" Defined - Sec. 9. As used in this chapter, "person" and "owner"...

8-23-17-10. "Owner" Defined - Sec. 10. As used in this chapter, "owner" as applied...

8-23-17-11. "Code Enforcement" Defined - Sec. 11. As used in this chapter, "code enforcement" means...

8-23-17-12. Payments; Applicable Provisions - Sec. 12. The following provisions apply to payments by the...

8-23-17-13. Compensation for Expenses and Losses - Sec. 13. Whenever the acquisition of real property for a...

8-23-17-14. Moving Expense and Dislocation Allowances - Sec. 14. A displaced person eligible for payments under section...

8-23-17-15. Payment Based on Average Annual Net Earnings - Sec. 15. (a) A displaced person eligible for payment under...

8-23-17-16. Allowance for Lease or Rental of Adequate Replacement Dwelling - Sec. 16. Except as provided in section 12(3) and 12(4)...

8-23-17-17. Allowance for Down Payment and Closing Costs for Purchase of Adequate Replacement Dwelling - Sec. 17. (a) In lieu of the amount determined under...

8-23-17-18. Relocation Advisory Assistance Program - Sec. 18. Whenever acquisition of, or code enforcement upon, real...

8-23-17-19. Cooperation With Other Agencies - Sec. 19. An agency causing displacement of a person shall...

8-23-17-20. Relocation Assistance Advisory Programs; Measures, Facilities, and Services - Sec. 20. Each relocation assistance advisory program required by section...

8-23-17-21. Coordination With Government Community Actions - Sec. 21. Agencies shall coordinate relocation activities with project work...

8-23-17-22. Service Contracts; Use of Other Agencies - Sec. 22. (a) To prevent unnecessary expense and duplication of...

8-23-17-23. Rules and Procedures; Establishment - Sec. 23. Each agency head is authorized to establish rules...

8-23-17-24. Rules and Provisions; Adoption by Agency Heads and Governor - Sec. 24. Each agency head may adopt rules and procedures,...

8-23-17-25. Policy Guidelines - Sec. 25. All agencies shall, to the greatest extent practicable,...

8-23-17-26. Reimbursement of Conveyance Expenses, Penalties, and Real Property Taxes - Sec. 26. The acquiring agency, as soon as practicable after...

8-23-17-27. Awards for Condemnation Proceeding Expenses - Sec. 27. (a) The court having jurisdiction of a proceeding...

8-23-17-28. Adequate Replacement Dwelling Requirement - Sec. 28. A person is not required to move from...

8-23-17-29. Effect of Chapter - Sec. 29. (a) Section 25 of this chapter does not...

8-23-17-30. Federal Assistance; Compliance With Federal Law - Sec. 30. An agency acquiring real property or engaging in...

8-23-17-31. Federal Assistance; Noncompliance With Chapter - Sec. 31. An agency acquiring real property or engaging in...

8-23-17-32. Tax Exemptions; Effect of Payments on Public Assistance Eligibility - Sec. 32. (a) All amounts paid to displaced persons under...

8-23-17-33. Review of Determination - Sec. 33. A person aggrieved by a determination made by...

8-23-17-34. Waiver of Eminent Domain Power; Notice to Property Owner - Sec. 34. This chapter is not applicable to the purchase...

8-23-17-35. Financing of Payments - Sec. 35. Funds appropriated or otherwise available to an agency...

Chapter 18. Acquisition of Public Property for Highways

8-23-18-1. Authority for Acquisition - Sec. 1. The authority given to the department to acquire...

8-23-18-2. Use of Eminent Domain - Sec. 2. Whenever the department is unable to agree with...

8-23-18-3. Voluntary Conveyances and Grants by Political Entities - Sec. 3. Each city, town, township, county, school corporation and...

8-23-18-4. Tax Delinquent Lands; Acquisition - Sec. 4. Whenever the real property or right in real...

8-23-18-5. Tax Delinquent Lands; Acquisition After Assertion of Right of Redemption - Sec. 5. If a right of redemption exists in the...

8-23-18-6. Validation Grants and Conveyances by Political Entities - Sec. 6. All grants and conveyances made before March 11,...

Chapter 19. Advance Land Acquisition Revolving Fund

8-23-19-1. Creation of Fund - Sec. 1. There is created a revolving fund to be...

8-23-19-2. Deposit of Federal Advances - Sec. 2. Advances made by the federal highway administration to...

8-23-19-3. Disbursements - Sec. 3. Disbursements shall be made from this fund solely...

Chapter 20. Regulation of Billboards and Junkyards

8-23-20-1. Agreements With United States Secretary of Commerce - Sec. 1. (a) The department and the United States Secretary...

8-23-20-2. Form of Agreements; Negotiation - Sec. 2. The regulatory standards set forth in an agreement...

8-23-20-3. Determination of Legality of Secretary's Actions - Sec. 3. The attorney general shall institute proceedings under 23...

8-23-20-4. Signs in Adjacent Areas; Standards - Sec. 4. Signs located in an adjacent area must conform...

8-23-20-5. Signs in Unzoned and Zoned Commercial and Industrial Areas - Sec. 5. Signs located in unzoned commercial or industrial areas...

8-23-20-6. Prohibited Signs - Sec. 6. The following signs may not be erected or...

8-23-20-7. Authorized Signs - Sec. 7. The following signs may be erected outside of...

8-23-20-8. Directional Signs Within 200 Feet of Right-of-Way - Sec. 8. A person may not erect or maintain in...

8-23-20-9. Removal of Previously Existing Nonconforming Signs - Sec. 9. (a) A sign lawfully erected in an adjacent...

8-23-20-10. Acquisition of Nonconforming Signs - Sec. 10. The department may acquire and shall pay just...

8-23-20-11. Payment of Compensation - Sec. 11. Compensation under section 10 of this chapter shall...

8-23-20-12. Compensation Determination; Civil Actions - Sec. 12. If a claimant under section 11 of this...

8-23-20-13. Enforcement of Chapter - Sec. 13. (a) The department shall enforce this chapter. (b)...

8-23-20-14. Injunctions; Criminal Proceedings - Sec. 14. Whenever the attorney general receives a resolution under...

8-23-20-15. Zoning Powers; Limitations - Sec. 15. (a) Subsection (c) does not apply to signs...

8-23-20-16. Removal, Taking, and Appropriation of Signs; Limitations - Sec. 16. (a) Subsection (b) does not apply to: (1)...

8-23-20-17. Location of Junkyards and Scrap Metal Processing Facilities - Sec. 17. A person may not establish, operate, or maintain...

8-23-20-18. Screening of Junkyards and Scrap Metal Facilities - Sec. 18. The department shall, if feasible, place a screen...

8-23-20-19. Rules and Regulations for Screening and Fencing - Sec. 19. The department shall adopt rules to govern the...

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...

8-23-20-21. Powers of Political Subdivisions - Sec. 21. A political subdivision may enact and enforce requirements...

8-23-20-22. Violations; Notice - Sec. 22. (a) A person who violates section 4, 5,...

8-23-20-23. Federal Aid; Acceptance - Sec. 23. The department may accept an allotment of funds...

8-23-20-24. Federal Aid; Appropriation - Sec. 24. The department may not acquire a sign, the...

8-23-20-25. Advertising Signs Along Federally Regulated and Interstate Highways; Permits; Fees; Rules; Registration of Signs - Sec. 25. (a) The department shall institute a permit system...

8-23-20-25.5. Changeable Message Signs; Rules; Permits; Erection; Compliance - Sec. 25.5. (a) The department may adopt rules under IC...

8-23-20-25.6. Obstruction or Removal of Outdoor Advertising Sign; Elevation or Relocation of Outdoor Advertising Sign; Compensation; Notice of Project - Sec. 25.6. (a) As used in this section, "market area"...

8-23-20-25.7. Rules - Sec. 25.7. The department may adopt emergency rules under IC...

8-23-20-26. Signs in Violation of Chapter; Public Nuisance; Notice; Remedies - Sec. 26. (a) A sign that is in violation of...

8-23-20-27. Taking of Outdoor Advertising Sign; Compensation - Sec. 27. (a) This section applies to a taking of...

Chapter 20.5. Relocation of Conforming Billboards

8-23-20.5-1. Applicability of Chapter - Sec. 1. This chapter applies to an outdoor advertising sign...

8-23-20.5-2. "Market Area" - Sec. 2. As used in this chapter, "market area" has...

8-23-20.5-3. Special Exception or Variance; Compensation by County or Municipality; Eminent Domain Action - Sec. 3. (a) If a county or municipality either: (1)...

8-23-20.5-4. Outdoor Advertising Signs Incapable of Relocation; Appraisal - Sec. 4. (a) If an outdoor advertising sign cannot be...

8-23-20.5-5. Removal of Outdoor Advertising Sign - Sec. 5. The following apply to the removal of an...

8-23-20.5-6. Rules - Sec. 6. The department may adopt emergency rules under IC...

Chapter 21. Maintenance of County Roads Used as State Highway Detours

8-23-21-0.3. "Official Detour Route" Defined - Sec. 0.3. As used in this chapter, "official detour route"...

8-23-21-0.5. "Unofficial Detour Route" Defined - Sec. 0.5. As used in this chapter, "unofficial detour route"...

8-23-21-1. Maintenance Requirement - Sec. 1. Whenever it is necessary for the department to...

8-23-21-2. Maintenance of Unofficial Detour Route - Sec. 2. (a) When a state highway that was temporarily...

8-23-21-4. Designation of Official Detour Route - Sec. 4. The department shall designate a county highway as...

Chapter 22. Lighting of State Highways

8-23-22-1. Dangerous Curves, Intersections, and Heavily Traveled Highway and Bridge Sections - Sec. 1. The department may illuminate dangerous curves and intersections...

8-23-22-2. Utility and Installation Costs - Sec. 2. The department shall enter into an agreement for...

8-23-22-3. Interstate and Defense Highway Illumination Costs After June 30, 1985 - Sec. 3. Except as provided in an agreement entered into...

8-23-22-4. Interstate and Defense Highway Illumination Costs Under Agreements in Effect on June 30, 1985 - Sec. 4. The department shall assume the liability of the...

Chapter 23. Miscellaneous Provisions

8-23-23-1. Rights-of-Way and Easements; Description; Recording - Sec. 1. Whenever a right-of-way or easement for a state,...

8-23-23-2. Crosswalk Curb Ramps - Sec. 2. (a) This section applies only to curbs that...

8-23-23-3. Inferior Construction; Permission by Inspectors; Offense - Sec. 3. An inspector who knowingly permits: (1) construction of...

8-23-23-4. Hoosier High Point - Sec. 4. (a) The point of highest elevation in Indiana...

Chapter 24. Tree Planting

8-23-24-1. Responsibility for Planting Trees - Sec. 1. When consistent with public safety and subject to...

8-23-24-2. Conformance With Federal Law - Sec. 2. Tree planting must be in conformance with federal...

8-23-24-3. Supply, Supervision, and Management of Trees - Sec. 3. The division of forestry of the department of...

Chapter 24.5. Planting Grasses and Other Plants for Energy Production

8-23-24.5-1. Purpose - Sec. 1. The intent of this chapter is to encourage...

8-23-24.5-2. "Highway Rights-of-Way" - Sec. 2. As used in this chapter, "highway rights-of-way" refer...

8-23-24.5-3. "Vegetation" - Sec. 3. As used in this chapter, "vegetation" refers to...

8-23-24.5-4. Authorization for Vegetation Leases - Sec. 4. To the extent permitted by federal law and...

8-23-24.5-5. Required Lease Provisions - Sec. 5. A lease under this chapter must provide for...

8-23-24.5-6. Allowable Lease Provisions - Sec. 6. A lease under this chapter may provide for...

8-23-24.5-7. Awarding of Leases - Sec. 7. The department shall award a lease under this...

8-23-24.5-8. Priority Use - Sec. 8. To the extent permitted by federal law, the...

Chapter 25. High Speed Rail Development Fund

8-23-25-1. Purpose - Sec. 1. The high speed rail development fund is established...

8-23-25-2. Administration - Sec. 2. The department shall administer the fund. As added...

8-23-25-3. Investment of Funds - Sec. 3. The treasurer of state may invest the money...

8-23-25-4. Disbursements - Sec. 4. Money from the high speed rail development fund...

8-23-25-5. Reversion of Funds - Sec. 5. Money in the fund at the end of...

Chapter 26. Utility Relocations

8-23-26-1. Application of Chapter - Sec. 1. (a) This chapter does not apply to a...

8-23-26-2. Order for Relocation - Sec. 2. If the department determines that the location of...

8-23-26-3. Notice of Order to Relocate - Sec. 3. The department shall give notice under IC 4-21.5-3-6...

8-23-26-4. Appeal of Order - Sec. 4. A utility that receives notice of an order...

8-23-26-5. Reimbursement of Extraordinary Costs of Relocation - Sec. 5. The department may negotiate an agreement with a...

8-23-26-6. Reimbursements; Approval of Agreements - Sec. 6. The commissioner must approve an agreement negotiated under...

8-23-26-7. Reimbursement of Costs of Unnecessary Relocation; Conditions - Sec. 7. The department shall reimburse a utility for the...

8-23-26-8. Reimbursements for Unnecessary Relocation; Limits; Further Conditions - Sec. 8. (a) The reimbursement paid under section 7 of...

8-23-26-9. Reimbursement for Unnecessary Relocation; Approval - Sec. 9. The commissioner must approve a reimbursement paid under...

8-23-26-10. Utility Customer Service Facilities; Responsibilities for Relocation - Sec. 10. If a highway or bridge construction or improvement...

8-23-26-11. Acquisition of Additional Right-of-Way and Relocation of Customer Service Facilities; Responsibility for Costs - Sec. 11. If a highway or bridge construction or improvement...

8-23-26-12. Highway or Bridge Construction or Improvement Projects; Relocation of Customer Service Facilities - Sec. 12. The following apply to a highway or bridge...

8-23-26-13. Facilities Relocation Plan; Failure to Relocate Customer Service Facilities - Sec. 13. If a utility does not carry out the...

8-23-26-14. Relocation of Customer Service Facilities; Recovery of Costs; Reimbursements - Sec. 14. (a) If the department causes the relocation of...

8-23-26-15. National System of Interstate Highways; Application; Costs of Future Relocations and Adjustments - Sec. 15. (a) This section does not apply to a...

Chapter 27. Repealed - Repealed by P.L.205-2013, SEC.167.

Chapter 28. River Ridge Commerce Corridor

8-23-28-1. Findings - Sec. 1. The general assembly finds the following: (1) That...

8-23-28-2. "Corporation" - Sec. 2. As used in this chapter, "corporation" refers to...

8-23-28-3. River Ridge Commerce Corridor Established - Sec. 3. (a) The River Ridge Commerce Corridor is established...

8-23-28-4. Local Planning and Zoning - Sec. 4. This chapter does not affect local planning and...

8-23-28-5. Assistance From the Indiana Department of Transportation - Sec. 5. The department may annually provide the local officials...

8-23-28-6. Economic Development Initiatives - Sec. 6. The corporation shall coordinate state and local economic...

8-23-28-7. Assistance From the Office of Community and Rural Affairs - Sec. 7. The office of community and rural affairs established...

Chapter 29. Transportation Infrastructure Funding Mechanisms

8-23-29-1. "Study" - Sec. 1. As used in this chapter, "study" refers to...

8-23-29-2. Contract for Study - Sec. 2. The department shall contract with a third party...

8-23-29-3. Requirements of Study - Sec. 3. The study must do the following: (1) Review...

8-23-29-4. Report of Results of Study - Sec. 4. Not later than July 1 of each year...

8-23-29-5. Payment for Study - Sec. 5. The department shall pay the amount necessary for...

8-23-29-6. Implementation of Voluntary Pilot Program - Sec. 6. Upon conclusion of the study, the department shall...

Chapter 30. Local Road and Bridge Matching Grant Fund

8-23-30-1. Definitions - Sec. 1. The following definitions apply throughout this chapter: (1)...

8-23-30-2. Establishment of Fund; Budget Committee Review Prior to Transfers From the Fund - Sec. 2. (a) The local road and bridge matching grant...

8-23-30-3. Application; Eligibility - Sec. 3. A local unit may apply to the department...

8-23-30-4. Application; Local Unit Contribution - Sec. 4. A local unit's application for a grant from...

8-23-30-5. Priority of Projects - Sec. 5. In the evaluation of an application for a...

8-23-30-6. Local Matching Amount - Sec. 6. If the department approves a grant to a...

8-23-30-7. Allocation of Grants - Sec. 7. The department shall allocate at least fifty percent...

8-23-30-8. Authorization to Set Maximum Grant - Sec. 8. The department may adopt guidelines to implement this...

8-23-30-9. Electronic Availability of Local Asset Management Plans - Sec. 9. Not later than July 1, 2022, the department...

Chapter 31. Notice of Department Actions

8-23-31-1. "Department Action"; "Local News Media Organization"; Notice of Department Action - Sec. 1. (a) As used in this chapter, "department action"...

8-23-31-2. Impact on Local Economy and Traffic - Sec. 2. The department shall consider the following when determining...

8-23-31-3. Additional Considerations Affecting the Timing and Means of Department Actions - Sec. 3. Notwithstanding any other law or provision, the department...

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Indiana Code Title 8. Utilities and Transportation Article 23. Indiana Department of Transportation

Indiana Code
Title 8. Utilities and Transportation
Article 23. Indiana Department of Transportation