§ 8-20-1-28 — Public and municipally owned utilities; poles, facilities, appliances, and fixtures

Public and municipally owned utilities are
authorized to construct, operate, and maintain their poles, facilities,
appliances, and fixtures upon, along, under, and across any of the
public roads, highways, and waters outside of municipalities, as long
as they do not interfere with the ordinary and normal public use of the
roadway, as defined in IC 9-13-2-157. However, the utility shall review
its plans with the county executive before locating the pole, facility,
appliance, or fixture, and the county executive shall comply with IC 8-1-2-101. The utility may trim any tree along the road or highway, but
may not cut down and remove the tree without the consent of the
abutting property owners, unless the cutting or removal is required by
rule or order of the Indiana utility regulatory commission. The utility
may not locate a pole where it interferes with the ingress or egress from
adjoining land.
Formerly: Acts 1905, c.167, s.38; Acts 1911, c.161, s.1. As
amended by P.L.86-1988, SEC.181; P.L.2-1991, SEC.62;
P.L.177-2021, SEC.11.