Authority: IC
8-23-2-6; IC
8-23-20-25
Affected: IC 4-21.5; IC 8-23-1; IC 8-23-20
Sec. 19.
(a) The
following signs shall not be eligible for a permit:
(1) A sign that is illegal under federal law
or state law.
(2) A sign that is
not securely affixed to a substantial structure.
(3) A sign that attempts or appears to
attempt to regulate, warn, or direct the movement of traffic or that interferes
with, imitates, or resembles any official traffic sign, signal, or
device.
(4) A sign that was
erected, repaired, or maintained upon trees, or painted or drawn upon rocks or
other natural features.
(5) A sign
that is located in an unzoned commercial or industrial area, which extends
beyond six hundred (600) feet from the outer edges of regularly used buildings,
parking lots, storage, or processing areas of a commercial or industrial
activity as defined in IC
8-23-1-43.
(6) A sign otherwise inconsistent with:
(A)
23 U.S.C.
131 *, as effective July 1, 2018;
(B) 23 CFR
750 *, as effective July 1,
2018;
(C) IC 8-23-1 or IC 8-23-20;
or
(D) this rule.
Any permit previously issued for any such ineligible sign
shall automatically become an illegal sign and shall be revoked by the
department.
(b) If any sign that has a permit is the
subject of a notice from the United States Department of Transportation, the
Federal Highway Administration, or any other applicable federal agency to the
department or to the state of Indiana that the continued existence of that sign
may result in the reduction of federal aid highway funds as provided in
23 U.S.C.
131 * as effective July 1, 2018, the permit
for that sign shall be revoked and the permittee shall remove the sign within
thirty (30) days after the department notifies the sign owner in writing of the
receipt of the federal notice, subject to the right of the permittee and the
property owner to deliver a written notice of an appeal thereof to the
department that is received by the department in accordance with the applicable
time period set forth in IC 4-21.5. If the appellant's appeal letter is timely
received by the department and complies with the requirements in section 12(c)
of this rule, the permittee or the property owner so appealing shall be
afforded the opportunity for a hearing under IC 4-21.5 and IC 8-23-20. Neither
the department nor the state of Indiana shall have any liability to the
permittee or any other person or entity in connection with the cessation of
operation or the removal of a sign pursuant to this section.
(c) Notwithstanding any other provision of
this rule, no sign shall be erected, repaired, or maintained in an adjacent
area to any control route in violation of the national standards applicable to
outdoor advertising promulgated pursuant to
23 U.S.C.
131 * as effective July 1, 2018, or federal
administrative regulations adopted in 23 CFR
750 * as effective July 1, 2018.
*These documents are incorporated by reference and refer to
the laws or regulations, or both, effective as of July 1, 2018. Copies may be
obtained from the Government Publishing Office,
www.govinfo.gov, or are available
for review at the Indiana Department of Transportation, Office of Legal
Counsel, Indiana Government Center North, 100 North Senate Avenue, Seventh
Floor, Indianapolis, Indiana 46204.
