Epic B-1 Ned Plan Indiana Dot Sign Manual 144 Pages

8/12/2019 Epic B-1 Ned Plan Indiana Dot Sign Manual 144 Pages

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INDIANA DEPARTMENT OF TRANSPORTATION

OUTDOOR ADVERTISING CONTROL

MANUALMarch 2, 2010

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TABLE OF CONTENTS

PAGE

TABLE OFCONTENTS

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PURPOSE -------------------------------------------------------------------------------------------------

1

DEFINITIONS -------------------------------------------

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1

HISTORY -------------------------------------------------------------------------------------------------

6

SIGN RULES ANDREGULATIONS

General Discussion -----------------------------

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7

Changeable Message Signs -----------------------------------------------------------------------

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Prohibited Signs -----------------------------------------------------------------------------------

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Size of Signs ----------------------------------------------------------------------------------------

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Example Size of Signs -----------------------------

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Outdoor Advertising Signs andtheir Relationship to TrafficControl Devices

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Zoning -----------------------------------------------------------------------------------------------

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Spacing of Signs -----------------------------

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Lighting of Signs -----------------------------------------------------------------------------------

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Non-Conforming Signs ------------------------------------------------------------------------

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Maintenance and Repair ------------------------------------------------------------------------

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Alteration of Sign --------------------------------------------------------------------------------

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Trucks/Trailers Used asAdvertising

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Benches Used as OutdoorAdvertising Signs

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Vegetation/Brush Removal, TreeTrimming and Tree Removal

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On-Premise Signs -----------------------------

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Signs Within Highway Right ofWay

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Standards for Directional Signs -----------------------------------------------------------------

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Example Application ----------------------------------------------------------------------------

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Instructions for Application toObtain Outdoor Advertising Sign

Permit

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FIGURES PAGE

Figure 1: Example Size of Signs (#1)

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Figure 2: Example Size of Signs (#2)

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Figure 3: Unzoned Commercialand Industrial Areas

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Figure 4: Restrictions on UnzonedCommercial/Industrial Areas

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Figure 5: Sign Spacing AlongInterstates and Primary Routeswith

Limited Access Right-of-Way

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Figure 6: Sign Spacing Adjacent toInterchanges on Interstates and

Primary Routes with LimitedAccess Right-of-Way

(Urban Areas)

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Figure 7: Sign Spacing Adjacent toInterchanges on Interstates and

Primary Routes with LimitedAccess Right-of-Way

(Rural Areas)

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Figure 8: Sign Spacing AlongNon-Limited Access PrimaryRoads

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Figure 9: Measurement of SpacingBetween Signs

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Unnumbered: Permit ApplicationForm

(State Form 45918, R4/3-08)

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Figure 10: Sample Sketch ofProposed Site

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Figure 11: Dimensions Needed toComplete Permit Application

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APPENDICES

Appendix A District Boundary

Map

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Appendix B Indiana ControlRoutes (by district)

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Appendix C Locations andPhone Numbers of INDOT Offices

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Appendix D State Law

Pertaining to Regulation ofOutdoor Advertising

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IC 8-23-20 -----------------------------------------------------------

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IC 9-21-4-4 -----------------------------------------------------------

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IC 9-21-4-5 -----------------

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IC 9-21-4-6 -----------------------------------------------------------

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Appendix E Agreement forControl of Outdoor Advertising

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Appendix F Promulgated Rules ------------------------------------------------------

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Appendix G 23 USC 131 ------------------------------------------------------------

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Appendix H 23 USC 104/140 ----------------------------------------

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Appendix I 23 USC 319 ---------------------------------------------------------------

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Appendix J Reserved for Future Use ------------------------------------------------

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Appendix K USADOT/FHWA Letter:Destroyed Sign Guidance,

September 9, 2009

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PURPOSE

This manual has been prepared in order to establish a clear understanding of theprocedures involved in erecting and maintaining outdoor advertising signs


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adjacent to the Interstate, Federal-Aid Primary, National Highway System, andIntermodal Connector within the State of Indiana in conformance with state andfederal regulations.

DEFINITIONS

Abandonment The cessation of use of an outdoor advertising sign upon a sitefor a period in excess of twelve months.

Adjacent Area An area that is adjacent to and within 660 feet of the nearestedge of the right-of-way of an interstate or primary highway. 23 USC 131(c)further expands this to include areas located beyond six hundred and sixty feetof the right-of-way located outside of urban areas, visible from the maintraveled way of the system, and erected with the purpose of their message being

read from such main traveled way of any control route(also referred to as

view-shed).

Advertise or To Advertise or Advertisement To describe or apprise publicly,to call public attention to or inform or give information by words, symbols, or

pictures.

Blank Sign A sign void of advertising matter. With respect to Non-Conforming structures, signs advertising themselves are considered blank.

Business Any commercial establishment, such as a store or factory, from

which buying or selling of commodities and/or services takes place. Forpurposes of outdoor advertising, seasonal activities such as produce standsalong-side a highway do not qualify as businesses.

Centerline of the Highway A line equidistant from the edges of the medianseparating the main-traveled ways of an Interstate or divided Federal or Statehighway, or the centerline of the main-traveled way of a non-divided Federal orState highway

Changeable Message Sign means a sign that satisfies all of the following:

(1) The message on the sign may be changed mechanically,electronically, or by remote control.(2) The static display on the face of the sign:(A) does not display any copy or message that moves, appears to move,or flashes; and(B) lasts at least eight seconds.


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The chart below can be used as a tool to assist you with just how many supportposts must be damaged to the point of replacement to be considered

destroyed:

Number of

Supports

(WoodorMetal)

Number Requiring Replacement that would Constitute

Destroyed

1 1

2-3 2

4-5 3

6 4

7-8 5

9-10 6

This damage is not limited to naturally occurring phenomenon. Any damage(with the exception of damage that is proven in a court of law to be tortious innature) that falls within the parameters of items 1 or 2 above will result in a

determination of destroyed.

Erect To construct, build, raise, assemble, place, affix, attach, create, paint,draw, or in any other way bring into being or establish; but it shall not includeany of the foregoing activities when performed as an incident to the change or

advertising message or normal maintenance or repair of sign structure.

Federal-Aid Primary Highway Federal aid primary system in existence onJune 1, 1991 and any highway which is not on such system but which is on the

National Highway System as defined in Section 23 U.S.C. 103(b) and (c).

Full Control Full Control of access is achieved by giving priority to throughtraffic by providing access only at interchanges with selected public roads. No

at-grade crossings or private driveway connections are allowed. Freeway

is the common term used for this type of highway. Full control of accessmaximizes the capacity, safety and vehicular speeds on the freeway.

Good Condition The description given to a sign that is not decayed, insecure,lacking any part or portion thereof, or is otherwise safe and the painted or

printed message is not unsightly and is clearly visible.


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Illegal Sign A sign which was erected or maintained in violation of Federal orState Law, these Rules and Regulations, or local law or ordinance.

Interstate System The part of the national system of interstate and defensehighways located within Indiana as officially designated by the Department of

Transportation and approved by the United States Secretary of Commerceunder 23 U.S.C. 103(c).

Lease, Contract or Authorization A written agreement by which possession oruse of land or interests therein is given by the owner of the land to another

person, partnership, business, organization, association, corporation, etc., for aspecified purpose and period of time.

Main-Traveled Way The traveled way of the highway on which throughtraffic is carried. In the case of a divided highway, the traveled way of each of

the separated roadways for traffic in opposite directions is a main-traveled way.It does not include such facilities as frontage roads, turning roadways, or

parking areas.

Municipality For purposes of Outdoor Advertising and as used in thisManual, an incorporatedmunicipality (city, village, or town) must exist insidethe bounds of an urban area to qualify for special spacing criteria.

National Highway System System of highways designated and defined in 23U.S.C. 103(b).

Non-Conforming Sign A sign which was lawfully erected but does notcomply with the provisions of Federal or State Law or State Regulations passedat a later date or later fails to comply with Federal or State Law or StateRegulations due to changed conditions (see also Conditional Permit).

Obsolete Sign A sign containing obsolete or out-dated advertising matter(sign advertises for business activity or event that is more than 1-year defunctor out of date) or which is in need of substantial repair (e.g. 60% or more of thesupport posts in need of repair [if metal posts, 30% or greater of the above-

ground length of each post requires repair or replacement] to the extent thatreplacement would normally be required) for a period of one year.

Obstruction Substantial structures or terrain that completely blocks orobstructs vision of a sign and is a permanent fixture.


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On-Premise Sign A sign that indicates the name of the business, activities orprofession conducted on the property or which identifies solely those goodsproduced, items sold or services rendered on the property; a sign promoting thesale or lease of the property on which it is located.NOTE: On-Premise

changeable message signs may NOT have any OFF-premise outdoor

messages intermixed.

Parkland Any publicly-owned land which is designated or used as a publicpark, recreation area, wildlife or waterfowl refuge or historic site.

Premises The central, actual physical location where a Commercial/Industrialactivity is routinely conducted. The premises include the primary structures,

parking facilities and private roadway if they are necessary to the principalactivity.

Property An area of land under single ownership that is not severed by landowned by another, or severed by a public roadway.

Safety Rest Area An area or site established and maintained within oradjacent to the highway right-of-way by or under public supervision or control,for the convenience of the traveling public.

Scenic Area Any area which has been designated by the State as being ofscenic beauty or historical significance.

Sign, display or Device Hereinafter referred to as sign.Any outdoorsign, display, device, notice, bulletin, figure, painting, drawing, message,

placard, poster, billboard or other thing which is designated, intended or used toadvertise or inform, any part of the advertising or informative contents ofwhich is located within an adjacent area and is visible from any place on themain traveled way of any portion of the Interstate System, Primary System,

National System, or Intermodal Connector whether the same be permanent orportable installation.

Sign Face The sign face is the portion of advertising surface viewable to the

motoring public, the total surface area of which can not exceed 1,000 squarefeet. Side-by-sideand stacked

signs constitute a single sign face that can not exceed 1,000 square feet in area.Signs may display no more than 2 messages per face.


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Sign Structure The assembled components which make up an outdooradvertising display, including but not limited to: Uprights, supports, and trim(trim does not count in the 1,000 sq. ft).

Special Use (SU) Zoning A temporary variance to the propertys intended

use. This will normally not be acknowledged for the use of erecting billboards.The intended status will usually supersede any variances. The status of a permit

will be reevaluated once the special useconsideration is no longer viable.

The review will determine if the sign is still legally conforming (L-Plate)

or legally non-conforming (C-Plate). Transient and temporary activities do

not rise to the level of Special Use Zoning for the purposes of permittingoutdoor advertising.

State Law A constitutional provision, statute, or rule adopted by the State of

Indiana.

Transient or Temporary Activities Such business activities as roadside flowervendorsandseasonal fireworks stands are examplesof Transient or TemporaryActivities. These activities shall not qualify as business activity for the purposeof outdoor advertising.

Un-Zoned Commercial or Industrial Area Those areas which are not zoned byState or local law, regulation, or ordinance, and on which there is located oneor more permanent structures devoted to a commercial or industrial activity or

on which a commercial or industrial activity is actually conducted, whether ornot a permanent structure is located thereon, and the area along the highwayextending outward 600 feet from and beyond the edge of such activity on bothsides of the highway. Provided however, the un-zoned area shall not includeland on the opposite side of an Interstate or dual-lane limited access Primaryhighway from the commercial or industrial activity establishing the unzonedcommercial or industrial area or land on the opposite side of other Federal-AidPrimary highways which land is deemed scenic by an appropriate agency of theState.

All measurement shall be taken from the outer edges of the regularly usedbuildings, parking lots, storage or processing areas of the commercial orindustrial activities, not from the property lines of the activities, and shall bealong or parallel to the edge of the pavement of the highway. Such an area shallnot include any area which is:


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1. Within 300 feet of any building used primarily as a residence, unlessthe owner of the building consents in writing to the particularcommercial use or uses to be made of such lands;2. Within 500 feet of any of the following: Public park, garden,recreation area or forest preserve, church, school, an officially

designated historical battlefield, any museum or historical monumentand any safety rest area or recreation area, publicly owned, controlledand maintained pursuant to Section 319 of Title 23 of the United StatesCode, any sanitary or other facility for the accommodation of themotorist, publiclyowned, controlled and maintained pursuant to Section 319 of Title 23 ofthe United States Code; or3. Within 750 feet of, any strip of land, an interest in which has beenacquired by this State for the restoration, preservation, or enhancementof scenic beauty, and which is publicly controlled and maintained,

pursuant to Section 319 of Title 23 of the United States Code.

Urban Area An urban area is:

1. An urbanized area designated by the Bureau of the Census; or2. If an urbanized area lies within more than one state, the part of thearea that lies within the boundaries of Indiana; or3. An urban place designated by the Bureau of the Census having a

population of at least 5,000 that is not within an urbanized area and iswithin the boundaries cooperatively established by the department andlocal officials.

Visible Capable of being seen (whether or not legibly) without visual aid by aperson of normal visual acuity using the highway system.

Zoned Commercial and Industrial Areas Those areas which are zoned forbusiness, industry, commerce or trade under a zoning ordinance.

HISTORY

The Highway Beautification Act of 1965, Public law 89-285, required all statesto make provisions for effective control of outdoor advertising within 660 feetof the right-of-way or lose ten percent of Federal-Aid funding. As a result ofthe Highway Beautification Act of 1965, Indiana entered into an agreementwith the United States Department of Transportation. In 1971 the IndianaGeneral Assembly authorized the Agreement for Outdoor Advertising. Thisauthorization states:


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The General Assembly of the State of Indiana hereby finds and declares:

(a) That the Congress of the United states has enacted legislation entitled

Highway Beautification Act of 1965(being section 131, title 23,

United states code Highways), which provides for scenic

development and road beautification of the federal interstate and primaryhighway systems; that saidact provides that each state shall make

provision for the effective control of the erection and maintenance alongsaid systems of outdoor advertising signs, displays and devices; thatsince said act provides for certain penalties if a state fails to make

provision for such control, Indiana is compelled to make such provision,in order to comply with the terms and provisions of said act andwith the congressional intent as therein expressed, all to the end that thisstate and its citizens will not be subject to said penalties;

(b) That it is contemplated that each state and the secretary shall reach anagreement in order to establish certain standards consistent withcustomary use concerning size, lighting and spacing of such signs,displays and devices located in areas adjacent to said systems, whethersuch areas are zoned or un-zoned, and the definitions of commercial orindustrial areas;(c) That outdoor advertising is a legitimate, commercial use of private

property adjacent to roads and highways and constitutes an integral partof the business and marketing function; further, that such advertising isan established segment of the national economy and should be allowed

to operate where other business and commercial activities are conducted;that the erection and maintenance of outdoor advertising signs, displays,and devices in areas adjacent to interstate highways and primaryhighways should be regulated in order to protect the public investment insuch highways, to promote the recreational value of public travel to

preserve natural beauty and to promote the reasonable, orderly andeffective display of such signs, displays and devices.

Highway Amendments of 1974 extended the control of outdoor advertisingbeyond 660 feet of the right-of-way in rural areas, often referred to as the

view-shed. In 1993 the General Assembly passed P.L. 112-1993, whichrequired the Indiana Department of Transportation to establish a permit systemfor the effective control of outdoor advertising. The law was effective April 27,1993. In 2007, the General Assembly passed P.L. 66-2007, which authorizedchangeable message signs along Indianas highways and interstates. (Please seeAppendix F, pages 88-90)


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SIGN RULES AND REGULATIONS

GENERAL DISCUSSION

The Highway Beautification Act of 1965 applies only to highways on the

control routes (those highways for which Outdoor Advertising regulatoryresponsibility has been delegated to the State of Indiana). A listing of thesehighways can be found in 105 IAC 7-3-5 (please see Appendix F, page 90).The act excludes from control and regulation the following outdoor advertising:

1. Outdoor advertising which advertises activities conducted on theproperty upon which it is located (on-premise signs).2. Outdoor advertising which advertises the sale or lease of propertyupon which it is located (on-premise signs).

Within 660 feet of the right-of-way, the act regulates the erection andmaintenance of outdoor advertising signs or structures in zoned and un-zonedcommercial or industrial areas. It prohibits the erection of all outdooradvertising except official signs, public utility signs, service club and religiousnotices, public service warning signs and directional signs, in all other areaswithin 660 feet of the right-of-way on controlled highways.

This act also prohibits the erection and maintenance of outdoor advertisingbeyond 660 feet of the right-of-way of controlled highways outside of urbanareas, which is visible and intended to be read from the main-traveled way.

It is the responsibility of the sign owner to ensure that all outdoor advertisingdevices are erected and maintained as prescribed. Any person, firm, corporationor association placing or erecting outdoor advertising along the controlledhighway system in violation of the act or rules and regulations promulgated

pursuant thereto shall be guilty of a Class C infraction (an offense againstproperty for which the penalty is a fine of less than or equal to $500.00 per dayand revocation of permit).

Outdoor advertising signs erected within 660 feet of the controlled highway

system right-of-way on or after January 1, 1968, or erected after the date theroute became a part of the controlled highway system, and not in compliancewith the rules and regulations are illegal. Outdoor advertising signs erected

beyond 660 feet of the right-of-way of controlled highways outside of urbanareas which is visible and intended to be read from the main-traveled way, isillegal if erected after June 30, 1976 or erected after the date the route became acontrolled highway.


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CHANGEABLE MESSAGE SIGNS

Conditions under which changeable message boards may be used are asfollows:

1. A permit holder shall not convert a conforming sign to a changeablesign without the approval of the department. Approval may be sought byfiling an application under the Indiana Administrative Code (105 IAC 7-3-1.5).2. Only a conforming sign structure may be converted to a changeablemessage sign upon approval from the department. A non-conformingsign structure may not be modified to a changeable message sign underany circumstances.3. A changeable message sign shall only be constructed as one (1) of thefollowing:

a. A single-face sign.b. A V-shaped structure.

c. A back-to-back structure.

A stacked or side-by-side sign is not allowed under this section.

4. The permit holder shall provide the department with a contact personand phone number for every permitted changeable message sign. Thecontact person must have the ability and authority to make modificationsto the display and lighting levels should the need arise. The departmentmay direct the permit holder to disable the changeable message sign:a. In cases of emergency; or

b. When the contact is not responsive within a reasonable period of time.5. If the department determines that the changeable message sign:a. Impairs the vision of the driver of any motor vehicle; or

b. Otherwise interferes with the operation of a motor vehicle;

Then upon request from the department the permit holder of the changeablemessage sign shall take appropriate action within twelve hours. Failure toremedy the problem within twelve hours may be cause for revocation of the

permit under Section 8 of the Promulgated Rules.

6. A changeable message sign shall contain a default design that willfreeze the sign in a dark or blank position if a malfunction occurs.7. No changeable message sign shall be located within three hundred feetof any building used primarily as a residence, unless the owner of the


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building consents in writing to the location of the changeable messagesign.

PROHIBITED SIGNS

The following signs shall not be permitted:

1. Signs which are illegal under state laws or rules.2. Signs not securely affixed to a substantial structure.3. Signs which attempt or appear to attempt to regulate, warn, or directthe movement of traffic, or which interfere with, imitate, or resemble anyofficial traffic sign, signal or device.4. Signs which are erected or maintained upon trees or painted or drawnupon rocks or other natural features.5. Signs which are not consistent with the standards in this manual, the

Agreement for Outdoor Advertising, or any other law or promulgatedrule prohibiting such a sign.6. Signs which are located in such a manner as to obscure or otherwise

physically interfere with the effectiveness of an official traffic sign,signal, or device, or obstruct or physically interfere with the driversview of approaching, merging or intersecting traffic.7. Signs which move or have any animated or moving parts. This doesnot apply to changeable message signs as defined on page 1 of thismanual and for which rules have been prescribed in the section above.8. Signs which contain, include, or are illuminated by any flashing,intermittent, or moving light or lights, or signs which use various typesof evolving technology such as lights, glow cubes, moving reflectivediscs, etc., except those giving public service information such as time,date, temperature, weather or similar information. This does not apply tochangeable message signs as defined on page 1 of this manual and forwhich rules have been prescribed in the section above.

SIZE OF SIGNS

1. The maximum area of the face for any one sign shall be 1,000 square

feet with a maximum height of 25 feet and a maximum length of 60 feet,exclusive of any border, trim, ornamental base, apron, supports,embellishments, and other structural members, if the exclusions do notexceed 20 percent of the area.2. The area shall be measured by the smallest square, rectangle, triangle,circle, or combination thereof which will encompass the entire face sign.


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3. Side-by-side signs shall be structurally tied together to be consideredas one sign structure. A single pipe, beam, conduit, or pole between twoadjacent boards is not considered as structurallytying those two boardstogether.4. Double-faced structures (back-to-back and V-type) will be permitted

with the maximum area being allowed for each facing. Each V-type facemust be visible in only one direction of travel on the same highway.Back-to-back and V-Type signs shall be structurally integrated. A single

pipe, beam, conduit, or pole between two adjacent boards (regardless ofrun) does not structurallycreate back-to-back or V-Type status.5. A sign structure may display one (single-face) or two (side-by-side orstacked) advertisement displays, not to exceed the maximum total areaof 1,000 square feet per sign face.

EXAMPLE SIZE OF SIGNS

See Figures 1 and 2 (on pages 11 & 12, respectively) for examples to provideassistance in determining correct sign size.

OUTDOOR ADVERTISING SIGNS AND THEIR RELATIONSHIP TO

TRAFFIC CONTROL DEVICES

Outdoor advertising structuressituated along or within viewof Indiana Control Routes are

also subject to conditionsstipulated in I.C. 9-21-4,which states:

1. A person may not place,maintain, or display upon orin view of a highway anunauthorized sign, signal,marking, or device that:

a. Purports to be, is animitation of, or resemblesan official traffic controldevice or a railroad sign orsignal;

b. Attempts to direct themovement of traffic; or


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c. Hides from view orinterferes with theeffectiveness of an officialtraffic control device or a

railroad sign or signal.

ZONING

Outdoor advertising must be located in areas zoned for commercial orindustrial use or in un-zoned areas actually used for commercial or industrial

purposes. For purposes of Outdoor Advertising, zoning must conform to land

usage. For example, if an area is zone light industry, but current land use

is residential; then INDOT will not approve a permit for outdoor advertisingstructures in that area.

The following types of advertising signs are not restricted by the zoningcriteria:

1. Directional and other official signs and notices including, but notlimited to, natural wonders, scenic and historic attractions, which areauthorized or required by law.2. Signs, displays, and devices advertising the sale or lease of propertyon which they are located.3. Signs, displays, and devices advertising activities conducted on the

property on which they are located (see description of an on-premisesign).

The following activities shall not be considered commercial or industrial forpurposes of establishing un-zoned commercial or industrial areas:

1. Outdoor advertising structures.2. Agricultural, forestry, ranching, grazing, farming, and relatedactivities, including but not limited to, wayside fresh produce stands.3. Transient or temporary activities.

4. Activities not visible from the main-traveled way.5. Activities more than 660 feet from the nearest edge of the right-of-way.6. Activities conducted in a building principally used as a residence.7. Railroad tracks and minor sidings.8. Highways, roads, and streets.


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NOTE: Figures 3 & 4 on pages 15 & 16 respectively are provided to assist inissues of spacing in UN-ZONED counties.

SPACING OF SIGNS

1. Rural-Area Zoned or Un-Zoned Commercial or Industriala. On Interstate, Federal-Aid Primary, or National Highway Systemroutes with Fully-controlled Access or Freeways(1) Outside of urban areas, no structure which is visible and intended to

be read from the main-traveled way may be located beyond 660 feetfrom the nearest edge of the right-of-way.(2) No two structures shall be spaced less than 500 feet apart on the sameside of the highway. Said 500 feet to be measured between two points atthe edge of pavement, found by lines drawn from the nearest edge ofeach sign perpendicular to the edge of pavement (see Figures 5 and 6 on

page 18).(3) Outside of urban areas and within 660 feet from the nearest edge ofthe right-of-way, no structure may be located within 500 feet of aninterchange, collector/distributor, intersection at grade, safety rest area orinformation center. The 500 feet shall be measured from the point atwhich the pavement widens and the direction of measurement shall bealong the edge of pavement away from the interchange,collector/distributor, intersection at grade, safety rest area or informationcenter, as shown in Figure 7 on page 19. In those interchanges where aquadrant does not have a ramp, the 500 feet for the quadrant without aramp shall be measured along the interstate or highway from the edge ofthe overpass roadway. Should there be a situation where there is morethan one road within a quadrant; the measurement shall be made fromthe pavement widening which is furthest from the intersecting roadways.Inside of incorporated towns and cities with a population of less than5,000 and within 660 feet of the nearest right-of-way, no two structuresshall be spaced less than 500 feet apart. Said 500 feet to be measured

between two points at the edge of pavement, found by lines drawn fromthe nearest edge of sign perpendicular to the edge of pavement (see

figure 8 on page 20).b. Federal-Aid Primary, National Highway System, or IntermodalConnector routes without Fully-controlled Access:(1) Outside of urban areas no structures shall be placed beyond 660 feetof the nearest edge of the right-of-way which is visible and intended to

be read from the main-traveled way (see Figure 8 on next page).


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(2) Outside of incorporated towns and cities no two structures shall bespaced less than 300 apart. Said 300 feet to be measured between two

points at the edge of pavement, found by lines drawn from the nearestedge of each sign perpendicular to the edge of pavement (see Figure 8 onnext page).

(3) Inside of incorporated towns and cities with a population of less than5,000, no two structures shall be spaced less than 100 feet apart. Said100 feet to be measured between two points at the edge of pavement,found by lines drawn from the nearest edge of each sign perpendicular tothe edge of pavement (see Figure 7 above).

Measurement of Spacing between Signs

2. Urban-Area Zoned or Un-Zoned Commercial or Industriala. Interstate, Federal-Aid Primary, National Highway System, and

Intermodal Connector highways Fully-Controlled Access or Freeways(1) Inside of incorporated towns and cities with a population of 5,000 ormore, no two structures shall be spaced less than 500 feet apart. Said 500feet to be measured between two points at the edge of pavement, found

by lines drawn from the nearest edge of each sign perpendicular to theedge of pavement (see Figure 5 on page 18).(2) Inside of urban areas, structures are allowed to be beyond 660 feet ofthe nearest right-of-way.(3) Inside of urban areas, structures are allowed along entrance and exitramps subject to 500 spacing between signs with the first sign no closerto the cross route, intersection at grade, etc than 500 (see Figure 6 on

page 18).b. Federal-Aid Primary, National Highway System, and IntermodalConnector highways without Fully-Controlled Access(1) Inside of incorporated towns and cities with a population of 5,000 ormore, no two structures shall be spaced less than 100 feet apart. Said 100feet to be measured between two points at the edge of pavement, found

by lines drawn from the nearest edge of each sign perpendicular to theedge of pavement (see Figure 7 on page 19).

(2) Inside of urban areas, structures are allowed to be beyond 660 feet ofthe right-of-way.(3) Bench signs used as outdoor advertising must comply with thespacing requirements of this paragraph.3. Spacing Exceptions Structures may be spaced closer together whenthey are separated by buildings or other obstructions so that only one isvisible from the main-traveled way within the otherwise applicable


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spacing requirement at any one time. This applies to the Interstate,Federal-Aid Primary, National Highway System, and IntermodalConnector routes. If the obstruction is removed, then the last sign erectedthat does not meet spacing requirements as a result of the removal will

become non-conforming.

4. Explanatory Notes With respect to spacing requirements on theInterstate, Primary and National highway Systems, and IntermodalConnector routes:

The following types of signs shall not be counted nor shall measurements bemade from them for purposes of determining compliance with spacingrequirements:

a. Directional and other official signs and notices.b. Signs, displays, and devices advertising the sale or lease of the

property on which they are located.c. Signs, displays, and devices advertising activities conducted on the

property on which they are located (on-premise).

LIGHTING OF SIGNS

1. Signs which contain, include or are illuminated by any flashing,intermittent or moving light or lights are prohibited except forchangeable message signs as explained on page 8 of this manual and forthose signs giving public service information such as time, date,

temperature, weather or similar information.2. Signs which are not effectively shielded to prevent beams or rays oflight from being directed at any portion of the traveled ways of thehighways in the control area and which are of such intensity or brillianceas to cause glare or to impair the vision of the driver of any motorvehicle, or which otherwise interfere with any drivers operation of amotor vehicle are prohibited.3. No sign shall be illuminated as to obscure or interfere with theeffectiveness of an official traffic sign, device or signal.4. All such lighting shall be subject to any other provisions relating tolighting or signs presently applicable to all highways under the

jurisdiction of the state.5. Illumination shall not be added to non-conforming signs.6. Bench signs used as outdoor advertising must comply with lightingstandards of this section.

NON-CONFORMING SIGNS


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A non-conforming sign is a sign which was lawfully erected but does notcomply with the provisions of federal or state law or federal or state regulations

passed at a later date or later fails to comply with State law or State regulationsdue to changed conditions.

In order to maintain and continue a non-conforming sign, the followingconditions apply:

1. The sign must have been physically in existence at the time theapplicable State law or regulations became effective.2. The sign may be sold, leased, or otherwise transferred withoutaffecting its status, but its location may not be changed. A non-conforming sign removed as a result of a right-of-way taking or for anyother reason may be relocated to a conforming area but can not be re-established at a new location as a non-conforming use.

3. The sign must have been lawful on the effective date of the State lawor regulations, and must continue to be lawfully maintained.4. The sign must remain substantially the same as it was on the date thesign became non-conforming (i.e., frozen in time). Reasonable repairand maintenance of the sign is acceptable. Reasonable repair andmaintenance of a sign will include advertising message changes andrepairs. Repairs to wooden structures shall be limited to less than sixty

percent of the wooden support posts within a one-year period. Repairs tometal structures shall be limited to less than 25% of the length of theabove-ground portion of each broken, bent, or twisted support not toexceed 60% of the total number of supports. Exceptions may be madefor signs destroyed due to vandalism and other criminal or tortious acts.

Non-conforming signs may not:a. be raised in elevation

b. be changed in sizec. be illuminated (if not originally)d. have structural components (supports, face, etc.) changed in numberor material (from wood to steel, steel to wood, etc.)e. be otherwise embellished in any manner, including upgrade of the sign

structure or other mechanical enhancement. Upgrade to the sign facewith technology such as vinyl wrap is permissible; howeverenhancement with LED/LCD messaging or moving parts is not.

5. The sign may continueas long as it is notdestroyed, abandoned, ordiscontinued, ifpermitted by State law.


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inside the right-of-way unless a legalexisting driveway is utilized.

ALTERATION OF SIGN

Conforming signs properly located andspaced within a zoned or un-zonedcommercial or industrial area may beenlarged and/or altered within the limitsof the rules and regulations without a

permit. A sign owner should notify theIndiana Department of Transportation inwriting before making any changes or

additions to signs. This can be done bysubmitting an application form showingthe permit number of the sign along withthe changed information. Thedepartment will use this information tokeep its inventory up to date. There is a$10.00 fee for this procedure.

Enlargement of and/or alteration to

non-conforming signsis strictlyprohibited.The non-conforming signmust remain substantially the same as itwas on the date that its status initially

became non-conforming.

TRUCKS/TRAILERS USED ASADVERTISING:

Single-Chassis Trucks Used as Advertising:

As long as the height is less than or equal to

136and the length of the vehicle is less than

or equal to 40 and the width is less than orequal to 86the vehicle (with load) is legal as

long as it is traveling on the roadway or isparked in a parking lot. If the truck exceedsthese dimensions, the owner of the truck mustobtain a single-trip permit from the Departmentof Revenue each time he/she takes the truck outon the road. Failure to do so is a violation of the


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law.

HOWEVER, if the local jurisdictionstarts receiving complaints from thepublic, the truck and associated

advertising sign may qualify as a publicnuisance and be treated accordingly.Additionally, if the truck/signcombination blocks the view of signalsand/or signage therefore becoming adanger to the motoring public, it maybe in violation of the law (no signswithin the right of way may hide from

view or interfere with the effectiveness

of an official traffic control device or

railroad sign or signal. IC 9-21-4-

4(3)).Moreover, if the truck is parked in alocation that does not have immediateaccess to the public highway system (suchas a farm field or a yard), or loses its street-legal designation or cannot pass thestandard USDOT inspections, then it isoutdoor advertising and must apply for andreceive a permit (if zoning and spacingrules for standard advertising signs permit).

Trailers Used as Advertising:

If the street legal trailer is attached to astreet legal tractor (both of which can passthe USDOT inspections on demand) and thetractor-trailer has immediate access topublic highways the trailer is legal IFzoning and spacing are OK.

But, ifthe tractor or the trailer (or both) arenot street-legal, OR the street-legal

tractor/trailer does not have immediateaccess to public highways, or a tractor is notattached to the trailer; the trailer will bedeemed outdoor advertising and a permitmust be applied for, received (if zoning andspacing as for conventional signs areacceptable), and affixed to the trailer in aposition clearly visible from the highway.


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BENCHES

UTILIZED AS

OUTDOOR

ADVERTISING

SIGNS

1. Approval may be givenfor benches used foroutdoor advertisingsigns (bench signs) andsuch signs may only beerected after a permithas been obtained fromthe Indiana Departmentof Transportation.

a. Location permitsmay be issued forbench signs whichare visible from thestate highways andlocated on privateproperty except:

(1) Where such sign

would be visiblefrom theInterstatehighway system;

(2) Where such signwould be visiblefrom a full-access highway;

(3) Where such signwould be visiblefrom any statehighway wherethe area adjacentto the highway isa designatedscenic area.


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b. Size a maximumallowable size for abench is sixteensquare feet and the

sign shall notexceed two feet inheight or eight feetin length excludingsupports.

c. Height the top ofbench signs erectedunder theseregulations shall notbe higher than fourfeet.

d. SpecialRequirements

(1) Bench signs shallbe located in acommercial orindustrial zone.

(2) Bench signs mustbe located insideincorporated citylimits and/orurban areas.

(3) Bench signs must belocated at a bus stopon a city or urbantransit bus systemroute (a route affidavit

showing all bus stopswill be required priorto approval of any newpermit for a benchsign).

(4) Bench signs shall notbe located on the state


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highway right-of-way.

(5) If the State highway isrouted over a citystreet, the bench sign

may be located on thatportion of the citystreet right-of-wayoutside the curb, or ifthere is no curb,outside that portion ofthe right-of-wayutilized for statehighway purposes.

(6) Bench signs shallcomply with thespacing requirementsoutlined in paragraph2b on page 22 of thismanual.

(7) Bench signs shallcomply with lightingrestrictions as outlinedunder Lighting of

Signson page 23 ofthis manual.

VEGETATION/BRUSH

REMOVAL, TREE TRIMMING,

AND TREE REMOVAL

Access to their signs for purposes ofvegetation/brush removal, treetrimming, and tree removal shall befrom private property. Highway right-of-way shall not be utilized for thispurpose. Additionally, any activity totrim, prune, and/or remove vegetation,brush, and/or trees in the right-of-wayshall be by permit only. Furthermore, inaccordance with the U.S. Fish andWildlife Service Forest ManagementGuidelines for Informal Section 7


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Consultations on Indiana Bats (Myotis

socalis) within the State of Indiana, no

there will be no felling of trees >3

dbh while Indiana bats may be presentfrom 1 April through 30 September

(i.e., trees maybe felled from 1 Octoberthrough 31 March).

Failure to adhere to these standards canresult in adverse action up to andincluding revocation of permit andremoval of the outdoor advertisingstructure at owners expense.

ON-PREMISE SIGN

A sign which advertises the sale orlease of a property upon which it islocated or a sign which advertisesactivities conducted on the

property upon which it is located isconsidered an On-Premise Sign.

The following will not beconsidered to be a part of theproperty on which the activity isconducted and any sign located onsuch property will be consideredoff-premise advertising:

1. Propertyseparated by apublic road or

separate landownership fromthe land on whichthe activity isconducted; or

2. Property whichhas been secured


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subsequent to theestablishment ofthe business and

purchased in a narrowstrip. A narrow strip shall

include any configurationof land which is such thatit cannot be put to anyreasonable use related tothe activity other than forsigning purposes or forthe specific purpose toqualify an area for an on-premise sign.

On-Premise SignQualifications

The following shall beused for determiningwhether an outdooradvertising sign has as its

purpose the identificationof the activity located onthe property or its

products or services, orthe sale or lease of the

property on which thesign is located:

1. The sign is an on-premisesign if:

a. The message consists solelyof the name of the

establishment; or

b. The message identifiessolely the establishmentsprincipal or accessoryproducts or services offeredon the premises; or


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c. It is a For Saleor

For Leasesign of the

property upon which thesign is located.

2. The sign is not an on-premise sign if:

a. It brings rental income tothe property owner, consistsprincipally of brand or tradename advertising and theproduct or serviceadvertised is only incidental

to the principal activity; or

b. It advertises activitiesconducted on the property,but which also advertises,in a prominent manner,activities not conducted onthe property (NOTE: On-Premise changeablemessage signs may NOThave any OFF-premiseoutdoor messagesintermixed.); or

c. A sale or lease signadvertises any product orservice not located uponand unrelated to thebusiness of selling orleasing the property onwhich the sign is located; or

d. It is erected on a narrowstrip of land contiguous tothe advertised activity whenthe purpose is clearly tocircumvent 23 U.S.C. 131.Ref CFR 750.709(d)(3).


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e. The sign is separated fromthe property by public roador separate land ownership.

SIGNS WITHIN THEHIGHWAY RIGHT-OF-WAY

While signs erectedwithin the highway right-of-way do not fall underthe controls of the

Highway BeautificationAct, they are in violationof I.C. 9-21-4, whichstates:

1. A person may not place, maintain,or display upon or in view of ahighway an unauthorized sign,signal, marking, or device that:

a. Purports to be, is animitation of, orresembles an officialtraffic control deviceor a railroad sign orsignal;

b. Attempts to directthe movement oftraffic; or

c. Hides from view orinterferes with theeffectiveness of anofficial trafficcontrol device or arailroad sign orsignal.


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2. Except as provided in subsection 3(below), a person may not place ormaintain upon a highway a trafficsign or signal bearing commercial

or political advertising. A publicauthority may not permit theplacement of a traffic sign or signalthat bears a commercial message.

3. Under criteria to be jointlyestablished by the IndianaDepartment of Transportation andthe Office of TourismDevelopment, the IndianaDepartment of Transportation mayauthorize the posting of any of thefollowing:

a. Limited touristattraction signage.

b. Business signs onspecific informationpanels on theInterstate system of

highways and otherfreeways.

All costs of manufacturing,installation, and maintenance to theIndiana Department ofTransportation for a business signposted under this subsection shallbe paid by the business.

4. Criteria established undersubsection 3 (of this Section) fortourist attraction signage mustinclude a category for a touristattraction that:

a. Is a trademarked


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destination brand;and

b. Encompassesbuildings, structures,

or other facilitiesthat are:

(1) Listed on the NationalRegister of Historic Placesestablished under 16 USC470 et seq.; or

(2) Listed on the Register ofIndiana Historic Sites and

Historic Structuresestablished under IC 14-21-1; regardless of thedistance of the historicattraction from thehighway on which thetourist attraction signage isplaced.

5. A person may not place, maintain,or display a flashing, rotating, or analternating light, beacon, or otherlighted device that is visible fromthe highway and may be mistakenor confused with a traffic controldevice or for an authorizedwarning device on an emergencyvehicle.

6. A person may not place,maintain, or display an

advertising sign, signal ordevice on or over the roadwayof a highway.

7. A person may not place,maintain, or display anadvertising sign, signal, ordevice on a highway in a city


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between the curb andsidewalk. If the curb andsidewalk join, a person maynot place, maintain, or displayon the sidewalk an advertising

sign, signal, or device closerthan ten feet from the curbline. Overhanging signs maynot overhang the curb.

8. A person may not place,maintain, or display anadvertising sign or device ofany character within onehundred feet of a highwayoutside the corporation limits

of an incorporated city ortown that obstructs the viewof:

a. The highway;or

b. Anintersectinghighway,

street, alley,or privatedriveway.

9. No sign shall obstruct theview of a person traveling thehighway, for a distance of 500feet or less from the sign ordevice as the personapproaches the highway orintersecting highway.

10. A person may not place,maintain, or display anadvertising sign or a device ofa permanent or semi-permanent character on ahighway right-of-way.


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11. Each sign, signal, or markingprohibited under this section isdeclared to be a publicnuisance. The authority

having jurisdiction over thehighway may remove or causeto be removed the prohibitedsign, signal, or markingwithout notice.

STANDARDS FORDIRECTIONAL SIGNS

DIRECTIONAL SIGNS ONINDOT RIGHT-OF-WAY

Directional Signsare signs

containing directional informationabout public places owned oroperated by Federal, State, or localgovernments or their agencies;publicly or privately owned naturalphenomena; historical, cultural,

scientific, educational, or religioussites; and areas of natural scenicbeauty or areas naturally suited foroutdoor recreation, deemed to be inthe interest of the traveling public.The location of directional signs isnot limited to zoned or un-zonedcommercial or industrial areas.Spacing of directional signs withrespect to other permitted signs isnot applicable.Directional signs on

INDOT right-of-wayare onlyinstalled with permission ofINDOT.

1. Tourist Oriented DirectionalSigns (TODS)


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Directional signs that will belocated on a state highway forqualifying attractions, such ashistorical sites and museumsare called TODS signs and

they are managed by theIndiana Office of Tourism Development. Directional Signs that will be located ona state highway for eligible attractions are also managed by the Indiana Office ofTourism Development. An applicant for a TODS sign agrees to enter into acontract with INDOT for a specified term to cover the cost of the sign installationand annual maintenance cost if the application is approved. A further explanationof the policy, current fee rates, and a TODS application are available at thefollowing website:

http://www.in.gov/tourism/marketing/attraction_signs.html

2. Supplemental Guide Signs (SGS)

Directional signs known as Supplemental Guide Signs (SGS) are similar to TODSsigns except that they are placed on interstates and freeways. Only eligibleattractions may receive a SGS sign, and applications are also managed by theIndiana Office of Tourism Development. An applicant for a SGS sign agrees toenter into a contract with INDOT for a specified term to cover the cost of the signinstallation and annual maintenance cost if the application is approved. A furtherexplanation of the policy, current fee rates, and a SGS application are available atthe following website:

http://www.in.gov/tourism/marketing/attraction_signs.html

3. Logo Signs

Directional signs known as Logo Signs are blue and white signs that contain thelogo of the corporation for specific motorist services (e.g. gas, food, lodging,camping) as well as eligible attractions. Logo signs are placed near interchangeson interstates and freeways. The Logo Signs Program is managed by IndianaLogo, LLC for INDOT. More information about Logo Signs, including eligibilityrequirements, current fee rates, and applications are available at the followingwebsite:

http://www.indianalogo.com/

4. General Service Signs


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Directional signs known as General Service Signs are blue and white signs thatcontain the international symbol of the specific motorist service (e.g. a bedindicates that lodging is available nearby). The policies governing use of GeneralService Signs are in Part 2 of the Manual on Uniform Traffic Control Devices

(MUTCD). Applications for all General Service Signs will be evaluated (forapproval or denial) by the INDOT District Traffic Office in the INDOT Districtwhere the sign will be located.

5. Directional Signs for SchoolFacilities

Directional signs for school facilities, such as elementary schools, middle schools,high schools, technical schools, colleges, and universities are managed by theINDOT District Traffic Office in the INDOT District where the sign will belocated. If a

Directional Sign foran educationalfacility is approvedthe sign is installedand maintained byINDOT at no cost tothe sign applicant.

6. Short TermDirectional Signs

Short termdirectional signsmay be installed forspecial events withpotential to generatelarge volumes oftraffic unfamiliarwith the area of theevent. This signageis administered on a

case-by-case basis atthe discretion of theDistrict.

OFFICIAL

SIGNS


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AND

NOTICES

1. Off Right-of-WayOfficial Signs andNotices may includethe following:

a. Signs and notices erectedand maintained by publicoffices or public agencieswithin their territorial orzoning jurisdiction andpursuant to and inaccordance with direction

or authorizationcontained in Federal,State or local law for thepurpose of carrying outan official duty orresponsibility. Publicoffices or public agenciesmay sponsor signs whichprovide space for 2 ormore signs relating tomeetings of nonprofit

service clubs, charitableassociations or religiousservices. The individualsigns placed on thestructure may not exceed8 square feet. Historicalmarkers are authorizedby State law and erectedby State or localgovernment agencies ornonprofit historical

societies may beconsidered as officialsigns.

b. Signs and notices, whoseerection is authorized bylaw, relating to meetingsof nonprofit service clubs


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or charitable associationsor religious services,which signs do notexceed 8 square feet.

2. Standards for OffRight-of-WayOfficial Signs andNotices. (To beclassified as an OffRight-of-WayOfficial Sign orNotice, each signlocation must meetall criteria set out inthis policy.)

a. General The followingsigns are prohibited:

(1) Signs advertisingactivities that areillegal under Federalor State laws orregulations in effectat the location of

those signs or at thelocation of thoseactivities.

(2) Signs located insuch a manner as toobscure or otherwiseinterfere with theeffectiveness of anofficial traffic sign,signal or device; or

obstruct or interferewith the driversview ofapproaching,merging, orintersecting traffic.


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(3) Signs which areerected ormaintained upontrees or painted ordrawn on rocks or

other naturalfeatures.

(4) Signs which containobsolete messages.

(5) Signs which are structurally unsafe or in disrepair.

(6) Signs which move or have any animated or movingparts.

b. Size

(1) Signs erected and maintained by public agenciesand offices shall not exceed the following limits:

a) MaximumArea 150square feet

b) MaximumHeight 20feet

c) MaximumLength 20feet

(2) Signs erected and maintained by religious or publicservice organizations shall not exceed the followinglimits:

a) MaximumArea 8square feet


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b) MaximumHeight 4feet

c) Maximum

Length 4feet

(3) All dimensions include border and trim but excludesupports.

c. Lighting Signsmay beilluminatedsubject to the

following:

(1) Signs which contain, include or are illuminated byany flashing, intermittent, or moving light or lightsare prohibited.

(2) Signs which are not effectively shielded so as toprevent beams or rays of light from being directedat any portion of the traveled way of an Interstate orprimary highway or which are of such intensity or

brilliance as to cause glare or to impair the vision ofthe driver of any motor vehicle or which otherwiseinterfere with any drivers operation of a motorvehicle are prohibited.

(3) No sign may be so illuminated as to interfere withthe effectiveness of or obscure an official trafficsign, device, or signal.

d. Spacing

(1) Each location of an official sign or notice must beapproved by the Indiana Department ofTransportation.

(2) No official sign or notice may be located within2,000 feet of an interchange, rest area, weigh


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station, or intersection at grade along the InterstateSystem or

other freeways(measured along theInterstate or freeway

from the nearestpoint of thebeginning or endingof pavementwidening at the exitfrom or entrance tothe main traveledway).

(3) No official sign ornotice may be locatedwithin 2,000 feet of aparkland or scenicarea.

(4) Not more than oneofficial sign or noticepertaining to thesame activity andfacing the samedirection of travel

may be erected alonga single routeapproaching theactivity.

(5) No two Off Right-of-Way Official Signsor Notices pertainingto different activities,facing the samedirection of travel,

shall be spaced lessthan one mile apart.

(6) Signs included inSection 1, paragraph(b) above shall beerected within five


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air miles of theactivity.

e. Message Content

The message on Off Right-of-Way Official Signs and Noticesshall be limited to theidentification of the attraction oractivity and directionalinformation useful to thetraveler in locating theattraction, such as mileage,route numbers, or exit numbers.Descriptive words or phrases

and pictorial or photographicrepresentations of the activityare prohibited. Symbols andseals common to places ofworship, lodges or serviceorganizations will be permitted.

3. It will be the responsibility ofeach applicant to document inwriting, with the request, thatall applicable criteria meet

the minimum requirements asset forth.

4. All costs of erection andmaintenance of specific OffRight-of-Way Official Signsand Notices shall be anapplicants expense.

5. The erection and maintenance

of specific Off Right-of-WayOfficial Signs and Notices,providing they meet thecriteria established in thispolicy, shall be permitted inzoned and un-zonedcommercial and industrialareas and in zoned and un-


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laws and regulations; nor is this approval intended toinfluence any action currently pending before a localboard, commission or agency. Please reference 105 IAC7-3-1 et. al.for any explanation or informationnecessary to fill out this application. Failure to provide

truthful, accurate, and adequate information required bythis application constitutes sufficient cause for theapplication or subsequent permit to be denied, cancelled,or revoked.

PERMITS FOR OFFICIAL AND DIRECTIONAL

SIGNS

Signs meeting the rules and regulations covered

under the Officialor Directionalsignsrequire prior approval from the IndianaDepartment of Transportation before beingconstructed. An application shall be submitted forthis type of sign so that the Indiana Department ofTransportation can review the proposed sign forlegality. Contact the applicable District Office(see Appendices A, B, and C on pages 50-61 ofthis Manual) for assistance prior to submitting thistype of application. There is no fee for this type of

application. A letter from INDOT approving theOfficial or Directional sign will be sent to

the applicant, but no permit plate will be issued.

APPLICATION

Applications for a permit to erect an outdooradvertising device may be obtained from the

Central Office Permit Section. Applications maybe requested by telephone, at (317) 232-3927,

by mail at the address shown overleaf, or found on our web site atwww.INDOT.IN.gov(the preferred method).

IndianaDepartment of


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Transportation

Permits Section

Indiana

GovernmentCenter North,Room N901

100 N. SenateAvenue

Indianapolis, IN46204-2219

An application must be submitted and a permit acquired for each

outdoor advertising sign structure before it is constructed.Appendix B (as well as 105 IAC 7-3-5) shows the Interstates,Federal-Aid Primary, National Highway System, and IntermodalConnector roads controlled by the Indiana Department ofTransportation. The roads which are darkened in are the roadswhich are in the controlled area.

No permit will be issued until an application has been completedfor each separate outdoor advertising structure and submitted tothe Central Office Permits Section along with the required initial

fee.

A stake or some identifying object should be placed at theproposed sign location at or as near as possible to the right-of-way line to assist the Department of Transportation ininvestigating the proposed site.No permit will be issued until anon-site verification is conducted by a Department of

Transportation permit inspector.

FEES

An initial $25.00 non-refundable registration fee for each outdooradvertising structure should be submitted with each applicationfor a permit. Upon approval, a $75.00 permit fee will be requiredbefore the permit can be issued. There is no fee for directional orofficial signs.


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PERMIT AND PERMIT PLATE

A permit along with a permit number and plate will be issuedupon proper application, approval, and the payment of fees forlawful outdoor advertising structures.

Between the time of approval of the permit and the erection of thesign, the applicant should visibly mark (with a stake or othersimilar device) the site as close to the right-of-way as is practicalto prevent others from applying for a site in the same area.

The permit plate shall be securely affixed to the appropriateoutdoor advertising structure in a location visible from the stateright-of-way or from the shoulder of the road. It is the

responsibility of the sign owner to ensure that off-right-of-wayvegetation is sufficiently controlled at the site to ensure that thepermit plate is visible from the traveled way. Sign owners that cutvegetation on the state right-of-way may be subject to loss ofpermit for that location.

LENGTH OF PERMIT

The proposed sign structure must becompleted within 365 days of issuance ofthe permit or the permit shall be revoked.

Any construction at the same location willrequire the submittal of a new applicationand fee. Applicants will be permitted onlyone extension of 365 additional days.Once erected, the permit is good for thelife of the sign so long as the structureremains compliant (for example, a zoning

change can result in an L-Plated sign

being downgraded in status to a non-

conforming, C-Plated sign structure).

TRANSFER OF PERMIT

The transfer of ownership of a specificoutdoor advertising structure for which apermit has been lawfully issued to theoriginal owner will not in any way affectthe validity of the permit for that specific


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structure provided that the Central Office(see our address on page 36 of thisdocument) is given notice of the transferof ownership within 90 days of the actualtransfer in writing.In such notice, the

Indiana Department of Transportationpermit number of the sign should be

given.

REPLACEMENT OF LOST,

DAMAGED, OR DESTROYED

PLATES

If a permit plate is lost or destroyed a new

plate can be obtained by notifying theCentral Office Permit Section in writingat the address shown on page 36 of thisdocument. A $10.00 fee will be chargedto cover the cost of the new plate. If a lostplate is located at a later date, it should bedestroyed.

REVOCATION OF A PERMIT

Any valid permit issued for a lawfuloutdoor advertising structure may berevoked by the Indiana Department ofTransportation for any of the followingreasons:

1. Mistake of material facts by the issuingauthority for which had the correct factsbeen made known, the outdooradvertising permit in question would not

have been issued;

2. Misrepresentations of material fact by theapplicant for the outdoor advertisingpermit;

3. Failure to complete construction of


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structure within 365 daysnotwithstanding any extensions (one365-day extension is authorized and mustbe applied for in same manner as theoriginal permit) from the date of issuance

of the outdoor advertising permit (astructure erected after the 365-day permitperiod and without an extension may besubject to sanctions up to and includingloss of permit and mandatory removal ofsign structure);

4. Any alteration of an outdoor advertisingstructure for which a permit haspreviously been issued which wouldcause that outdoor advertising structure

to fail to comply withthe provisions of the Outdoor Advertising ControlAct and the rules and regulations promulgated by theIndiana Department of Transportation pursuantthereto;

5. Making alterations to a non-conforming sign whichcould cause it to be other than substantially the sameas it was on the date the sign became non-conforming(see section on Non-Conforming Signs);

6. Failure to affix permanent permit plate within 30 daysafter erection of the outdoor advertising structure;

7. Unlawful destruction of trees or shrubs or othergrowth located on the right-of-way in order toincrease or enhance the visibility of an outdooradvertising structure or for any other reason.

8. Unlawful violation of the control of access oninterstate, freeway, and other controlled access

facilities; including destruction of access-controlfencing.

9. Failure to maintain a sign such that it remains blankfor a period of 12 consecutive months (this applies

only to non-conforming Cpermits or registered

Rboards which have not yet received a permit;


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10. Failure to maintain a sign such that it becomesobsolete.

NOTICE GIVEN FOR

REVOCATION OF

PERMIT

The permit is subject to allapplicable rules andregulations and is subject torevocation for violationsthereof.

1. Should the Indiana Department of Transportationdetermine that a particular outdoor advertisingstructure permit violates one of the requirements setout by the permit, INDOT may revoke the permit forthat outdoor advertising structure.

2. When the need for revoking a permit has beendetermined, the Permit Section will notify the ownerof the sign and the owner of the property on whichthe sign is located by Certified Mail: Return

Receipt Requested, in the form of a letter settingforth the reasons the sign in question does notcomply. The letters notifying the sign owner and theproperty owner of the sign in question will also statethat the structure is unlawful and a public nuisance.The letters will also state that if the structure is notremoved or made to conform to the provisions of theact or the rules and regulations within 30 days afterreceipt of the letter, the Indiana Department ofTransportation or its agents may, at the expense of theowners of the sign and property, remove the outdoor

advertising structure. NOTE: All non-conformingsigns, if found to be in violation of the terms of theirpermit, will be removed at the owners expense.

3. The owner(s) of the sign and/or propertymay appeal (either formally or


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informal appeal procedure. This informalappeal offers theapplicant an opportunityto have a hearing before INDOTs ChiefLegal Counsel or his designee(s) (none ofwhom shall have participated in the Permit

Sections initial decision in this matter)prior to the Commissioner considering andmaking a decision on the Permit Sectionsrecommendation.

The soleissue before the hearing officershall be whether INDOTs Permit Sectionmade any material errors of law or fact inits recommendation in the instant matter ofsuch significance (the denial process), orconducted its decision process in a manner

sufficiently arbitrary or capricious, tosupport a recommendation to theCommissioner contrary to the PermitSections original recommendation.

The appellant may present any evidence,witnesses or testimony at the informalhearing reasonably necessary to addressthe issue as described above. If applicable,the appellant may also describe at theinformal hearing any relevant information

unavailable at the time of the denial thatmight have affected the same. Arepresentative of the Permit Section willalso participate in the hearing to defendand/or explain its process andrecommendation in this matter.

Upon a showing of reasonable necessity and at the hearing officers sole discretion, theappellant may also request that other INDOT staff participate in the hearing and presentevidence.

In addition to such oral testimony and written documentation, the hearing officer will also

consider:

1. The appellants record in the instant matter available to the Permit Section;2. Relevant Federal and State statutes and regulations; and

Any other documents deemed relevant to the proceedings by the Chief Legal Counsel.

After the informal review, the Chief Legal Counsel or his designee shall make a written


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finding (the Finding) for review by the Commissioner. After review of the total

record, including the Findings, the Commissioner will determine through a written final

determination (The Determination) whether INDOT should issue the permit and will

so order.

While the purpose of this procedure is to obtain relevant and accurate information for theCommissioners decision, the hearing officer must reserve the right to limit submission ofduplicative or repetitious testimony or evidence. The evidence presented at the informalhearing as well as the recommendation of the hearing officer will become part of therecord presented to the Commissioner for final agency determination.

If the applicant/sign owner chooses to participate in the informal appeals process, theappellant must file a written notification with the Department within five business days ofyour receipt of the INDOT letter identifying sanctions (e.g., permit denial, downgrade, orrevocation) to:

Indiana Department of Transportation

Highway Operations Division

Attn: Permit Section

Indiana Government Center North

N901

100 North Senate Avenue

Indianapolis, Indiana 46204

Or by email to:[email protected]

Upon receipt of your notification, INDOT will appoint a hearing officer, schedule ahearing within ten business days and request that you forward to the hearing officer astatement of any objections you may have to the Permit Sections recommendation,consistent with the issue described above.

Should the appellant or INDOT not be satisfied with the outcome of the

informal hearing, the case may be referred to the next level an AdministrativeOrders and Procedures Act (AOPA) Hearing.

ADMINISTRATIVEORDERS ANDPROCEDURES ACT(AOPA) HEARING


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1. Should any owner of asign disagree with thedetermination of thedepartment pertaining

to the issuance orrevocation of a permitfor outdoor advertising,the owner of the signshall have the right torequest an AOPAHearing.

2. The owner of the signwho decides to appealthe determination of thedepartment shall notifythe department of thedecision to appealwithin 30 days of thereceipt of notice of thedepartmentsdetermination. Allappeals should be sentto:

IndianaDepartment ofTransportation

Permit Section

IndianaGovernmentCenter North,Room N901

100 N. SenateAvenue

Indianapolis,IN 46204-2219

An Administrative LawJudge (ALJ) will be


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appointed andappropriate proceedingswill be scheduled.

3. Within ninety days

after the hearing theALJ will make adetermination on thecase. The owner of thesign will be notified ofthe decision by mail.

COMMISSIONER

The Commissioner,

pursuant to IC 4-21.5-3-29, is the final arbiterfor INDOT. TheCommissioner mayelect to uphold, vacateor otherwise modify theALJs decision ascircumstances dictate.A person shall haveeighteen days from thedate of the ALJs

decision to object to theALJs decision. TheCommissioner shallthen order briefing onthe matter as dictatedby IC 4-21.5-3-28 andmay elect to conductfurther proceedingsbefore making adecision.

JUDICIAL REVIEW

a. Should the sign ownerdisagree with thedecision of theCommissionerpertaining to the


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issuance or revocationof a permit for outdooradvertising, the ownermay appeal for judicialreview. To qualify for

judicial review, theperson filing thepetition for review mustpost a $5,000.00 bondwith the Clerk of thecourt in which thepetition for review isfiled.

b. The court hearing willbe scheduled and

conducted inaccordance with allapplicable IndianaLaws.

c. If the court determinesthat the request forreview was frivolous, inbad faith or was for theprimary purpose ofdelaying the removal ofa sign the bond shall beforfeited to the StateHighway Fund.

INSTRUCTIONS FOR APPLICATION TO OBTAINOUTDOOR ADVERTISING SIGN PERMIT

The application form (State Form 45918, Revised 3-08)should be completed and all the copies sent to:

IndianaDepartment ofTransportation

Permit Section

IndianaGovernment


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Center North,Room N901

100 N. SenateAvenue

Indianapolis, IN46204-2219

Additional application forms can be printed from our website at http://www.in.gov/indot/files/45918.pdf .

While we (INDOT)will continue to accept applications viamail, the preferred method of filing for a permit is via theElectronic Permit System (EPS) which can be found on our

web site. To utilize the EPS, you (the applicant)must firstcontact Access Indiana to set up an account, including thefiling of a credit card to cover appropriate fees, and securinga user name and password. Information on subscribing can

be found at web address: www.INDOT.IN.gov . Afteraccessing this screen, (1)click on Permits, then (2)Billboardsand (3)scroll down to Subscribe and Register.Steps are listed there to complete an INDOT Pre-ApprovalFormbefore setting up an account. The telephone numberfor Access Indiana is 888-446-3468. Access Indiana willrefer you to the INDOT Permit Section who will finalizeyour account status to use EPS.

Upon securing your account, you will be able to completethe Outdoor Advertising Sign Permit Application on line.The credit card on file will cover the non-refundable $25.00

investigation fee, and when you click Submitthe

application will go directly to the Investigator for the area asdesignated on the application, and to the Regulatory

Supervisor for the District.

During the processing of the application, the applicant willreceive emails as to the status of the application as it goesthrough the phases of the review process. The final phasewill either be anapprovalordenial.

If the permit is approvedthe applicant will receive an email


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stating the approval and the $75.00 final fee must be paid byusing the EPS online system. An approval letter and a platefor the proposed sign will be generated from the PermitSection in Indianapolis.

If the application is denied, a letter stating the reason for thedenial will be sent to the applicant from the Permit Sectionin INDOTs Central Office located in Indianapolis, Indiana.This notification will include an explanation of theapplicants rights to appeal the denial of permit.

ON-PREMISE SIGNS

Signs that indicate the name of thebusiness, activities or professionconducted on the property or whichidentify solelythose goods produced,items sold or services rendered on the

property; or a sign promoting the saleor lease of the property on which it islocated donotrequire a permit.

DIRECTIONAL SIGNS OR OFFICIALSIGNS AND NOTICES

All directional and official signs alongthe Interstate and Federal-Aid Primaryhighways must have the approval of theIndiana Department of Transportation

before being installed.

Persons interested in erectingdirectional or official signs shouldcontact their nearest INDOT DistrictOffice (see maps and contactinformation in Appendices A, B, and Con pages 50-61 of this Manual).Owners of signs which meet the criteria


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for a directional sign or official signs ornotices must fill out and submit anapplication for their signs but will not

be required to submit a fee. The IndianaDepartment of Transportation will issuewritten approval letters for eachdirectional or official sign which meetsrequirements and submits theapplication form.

The zoning information under itemsnumber 7 through 11 on the applicationform does not need to be completed fordirectional or official signs.

ALL OTHER OUTDOOR

ADVERTISING SIGNS

No person or company shall construct,maintain, erect, cause or allow to beconstructed, or erected any advertisingsign, display or device along an

Indiana Control Route (see AppendixF, pages 90-93) without first obtaininga permit from the Indiana Departmentof Transportation.

The following instructions are given tohelp in completing State Form 45918:

Check appropriate box at top of

form.

Item # 1 Name and Address of Sign

Owner/Applicant

The sign owner/applicant is the person,partnership, company, corporation,


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association, or agency that will own thesign. The applicant should enter theirname and complete address here. Ifthere is a representative from the signcompany that could provide information

about the sign, supply this name alsoalong with telephone number.

Item # 2 Name and Address of

Owner of Property

The name and complete address of theperson, partnership, company,corporation, association, or agency whoowns the property on which the sign

structure will be placed should be listedhere. Also include the phone number ifavailable.

Sign

Location:

NOTE: EstimatedErection Date ofproposed signsmust

be filled infor permitto be issued.Additionally,proposed signs mustbe staked at the timeof application.

Item # 3

Type and

name of

Highway

Check the box in front of

Interstate, US, or

SRto indicate the type of

highway from which the sign willbe visible.If the sign will not be


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visible from a highway that fallsunder one of these threecategories then the IndianaDepartment of Transportationdoes not require a permit

application for this location. Mapsshowing the Interstates andFederal-Aid Primary highways ofIndiana are attached in AppendixB. The Interstates and Federal-Aid Primary highways on thesemaps have been darkened in.

The number and designation ofthe highway from which the signwill be visible should be provided

in the space marked Highway#(EXAMPLE: I-69, S.R. 3,

U.S. 231).

Item # 4

Side of

Highway

and

Direction of

Travel

Circle the Direction (N=North,S=South, E=East, W=West) to thesign in relation to the direction oftravel of the highway. All odd-numbered highways (I-65, S.R.63, etc.) travel in the north/southdirection and the signs will eitherbe on the east or west side of thehighway. All even-numbered

highways (I-70, S.R. 114, etc)travel in the east/west directionand the sign will either be on thesouth or north side of thehighway.

Item # 5

Epic B-1 Ned Plan Indiana Dot Sign Manual 144 Pages

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