§ 8-23-20-25 — Advertising signs along federally regulated and interstate highways; permits; fees; rules; registration of signs

Indiana § 8-23-20-25

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 20: Regulation of Billboards and Junkyards

Text

(a) The department shall institute a permit
system to regulate the erection and maintenance of outdoor advertising
signs along:
(1) the interstate and primary system, as defined in 23 U.S.C.
131(t) on June 1, 1991; and
(2) any other highways where control of outdoor advertising signs
is required under 23 U.S.C. 131.
(b) Except as provided in subsections (c) and (g) and section 25.5(c)
of this chapter, a sign may not be erected, operated, used, or maintained
in areas described in subsection (a) unless the owner of the sign has
obtained a permit under this section.
(c) A permit is not required to erect, operate, use, or maintain the
following signs:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property on which the
sign is located.
(3) Signs that primarily indicate:
(A) the name of the business, activity, or profession conducted;
(B) the types of goods produced or sold; or
(C) the services rendered;
on the property on which the sign is located.
(d) Signs in existence on July 1, 1993, and subject to this section:
(1) must comply with the registration system described in
subsection (h); and
(2) are subject to the permit requirement after the department has
made the determination described in subsection (g).
(e) The department shall adopt rules under IC 4-22-2 to carry out
this section. Rules adopted under this section may be no broader than
necessary to implement 23 U.S.C. 131 and 23 CFR 750.
(f) In addition to the requirements of subsection (e), rules adopted
under this section must provide the following:
(1) A list of all roadways subject to the permit requirement.
(2) A procedure to appeal adverse determinations of the
department under IC 4-21.5, including provisions for judicial
review under IC 4-21.5.
(3) The fees that may be charged by the department as follows:
(A) A one-time fee of one hundred dollars ($100) per structure
that must accompany the permit application.
(B) A one-time fee of forty dollars ($40) per structure for
transfer of a sign and permit to any subsequent transferee. The
fee is due to be paid not later than one hundred eighty (180)
days after the effective date of the transfer. If the transfer fee is
not timely paid, the department may charge a late fee of not
more than four hundred dollars ($400).
(C) A one-time fee of one hundred dollars ($100) per structure
for each request for modification of a sign and an addendum to
the permit issued by the department.
(D) A one-time fee of twenty-five dollars ($25) per structure, if
needed to obtain any replacement permit tag. The fee is due to
be paid not later than sixty (60) days after the date that notice
is sent by the department that a replacement tag is needed. The
department may charge a late fee of not more than four hundred
dollars ($400) if:
(i) the fee is not timely paid; or
(ii) the replacement tag is not fastened to the sign within sixty
(60) days after the replacement tag is received from the
department.
(E) A late fee not to exceed four hundred dollars ($400) if
written notice of the current mailing address and electronic mail
address of the owner of the property on which the sign is
located is not received by the department within:
(i) one hundred eighty (180) days of the sign owner's actual
knowledge of any sale of an ownership interest in the
property; or
(ii) one hundred twenty (120) days after the sign owner's
actual knowledge of other changes to any property owner's
current mailing address or electronic mail address.
(4) That a permit may not be issued for a sign erected in an
adjacent area after January 1, 1968, unless:
(A) the sign is erected in an area described in section 5 of this
chapter; or
(B) the permit is a conditional permit issued under subdivision
(6).
(5) That a permit may not be issued for a sign erected after June
30, 1976, outside of urban areas, beyond six hundred sixty (660)
feet of the right-of-way, visible from the traveled way, and erected
with the purpose of a message being read from the traveled way,
unless:
(A) the sign is erected in an area described in section 5 of this
chapter; or
(B) the permit is a conditional permit issued under subdivision
(6).
(6) For the issuance of a conditional permit for a nonconforming
sign that has not been acquired under section 10 of this chapter.
A conditional permit issued under this subdivision may be
revoked if the department subsequently acquires the sign.
(7) That the department is granted the right to enter the real
property on which a sign for which a permit under this section has
been applied for or issued to perform reasonable examinations
and surveys necessary to administer the permit system.
(8) The department may revoke any permit when it is found that
the permittee has provided false or misleading information and
that such a finding may be cause to subsequently refuse to issue
a permit.
(9) Any other provisions necessary to:
(A) administer this section; or
(B) avoid sanctions under 23 U.S.C. 131.
(g) A sign that is subject to and complies with the registration
system described in subsection (h) may not be declared unlawful until
the later of the following:
(1) The department has made a determination of permit eligibility
under this section.
(2) December 31, 1993.
(h) A separate application for registration must be submitted to the
department for each structure defined in subsection (d) and must:
(1) be on a form furnished by the department;
(2) be signed by the applicant or an individual authorized in
writing to sign for the applicant;
(3) provide information concerning the size, shape, and nature of
the advertising sign, display, or device;
(4) provide the sign's actual location with sufficient accuracy to
enable the department to locate the sign; and
(5) include a one-time registration fee of twenty-five dollars
($25).
(i) A sign that is not registered before January 1, 1994, is a public
nuisance subject to section 26 of this chapter.
(j) Each registrant shall fasten to each advertising sign or device a
label or marker provided by the department that must be plainly visible
from the traveled way.

Legislative History

As added by P.L.112-1993, SEC.1. Amended by P.L.66-2007, SEC.4; P.L.222-2017, SEC.1.