§ 32-26-4-1 — Obstruction of view; trimming and maintaining; application of law

Indiana § 32-26-4-1

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 26: FENCES
• Ch. 4: Cutting Live Fences Along Public Highways

Text

(a) This chapter:
(1) does not apply to:
(A) a highway intersection located within a city or town; or
(B) a building of a substantial character that is located at the
intersection of highways; and
(2) except for the provisions of this chapter concerning hedge
fences, applies only to the intersection of a state highway with
another state highway, a county highway, or a township highway.
(b) Except as provided in subsection (c), the owner of a hedge or
live fence along the line of a highway shall cut and trim down the
hedge or live fence to a height of not more than five (5) feet once in
each calendar year.
(c) This subsection applies if a hedge, live fence, or natural growth
other than a tree connects with or is found at a highway intersection,
adjacent to a curve where the view of the highway may be obstructed,
or at a railway right-of-way. The owner of a hedge, live fence, or other
growth to which this subsection applies shall trim and maintain the
hedge, live fence, or other growth at a height of not more than five (5)
feet above the level of the center of the traveled road bed in the
highway that adjoins the hedge, live fence, or other growth:
(1) throughout the year;
(2) for a distance of:
(A) one hundred (100) feet, if the obstruction is a hedge or live
fence; or
(B) fifty (50) feet, if the obstruction consists of any other
natural growths; and
(3) beginning at the intersection of the highway and continuing
along the lines dividing the highways and the adjoining property.
(d) This subsection applies to a tree growing within fifty (50) feet
of the intersection of a highway with:
(1) another highway; or
(2) a steam or interurban railroad.
The owner of a tree to which this subsection applies shall trim the tree
so that the view at the intersection is not obstructed.
(e) Except for a natural elevation of land, an obstruction to the view
at the intersection of a highway with another highway or a steam or
interurban railroad that exceeds a height of five (5) feet above the
center of the highway may not be maintained at the intersection.
(f) After May 22, 1933, a building may not be erected within fifty
(50) feet of an intersection to which this chapter applies.
[Pre-2002 Recodification Citation: 32-10-4-1.]

Legislative History

As added by P.L.2-2002, SEC.11.