CHAPTER 4. CUTTING LIVE FENCES ALONG PUBLIC HIGHWAYS
IC 32-26-4
Chapter 4. Cutting Live Fences Along Public Highways
IC 32-26-4-1
Obstruction of view; trimming and maintaining; application of law
Sec. 1. (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.
As added by P.L.2-2002, SEC.11.
IC 32-26-4-2
Examination of live fences; notice to cut or trim; collection of
expenses
Sec. 2. (a) The trustee of each township, the county highway
superintendent, the Indiana department of transportation, or other
officer in control of the maintenance of a highway shall between
January 1 and April 1 of each year, examine all hedges, live fences,
natural growths along highways, and other obstructions described in
section 1 of this chapter in their respective jurisdictions. If there are
hedges, live fences, other growths, or obstructions along the
highways that have not been cut, trimmed down, and maintained in
accordance with this chapter, the owner shall be given written notice
to cut or trim the hedge or live fence and to burn the brush trimmed
from the hedge or live fence and remove any other obstructions or
growths.
(b) The notice required under subsection (a) must be served by
reading the notice to the owner or by leaving a copy of the notice at
the owner's usual place of residence.
(c) If the owner is not a resident of the township, county, or state
where the hedge, live fence, or other obstructions or growth is
located, the notice shall be served upon the owner's agent or tenant
residing in the township. If an agent or a tenant of the owner does not
reside in the township, the notice shall be served by mailing a copy
of the notice to the owner, directed to the owner's last known post
office address.
(d) If the owner, agents, or tenants do not proceed to cut and trim
the fences and burn the brush trimmed from the fences or remove any
obstructions or growths within ten (10) days after notice is served,
the township trustee, county highway superintendent, or Indiana
department of transportation shall immediately:
(1) cause the fences to be cut and trimmed or obstructions or
growths removed in accordance with this chapter; and
(2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed against
and become a lien upon the land in the same manner as road taxes.
(e) The township trustee, county highway superintendent, or
Indiana department of transportation having charge of the work
performed under subsection (d) shall prepare an itemized statement
of the total cost of the work of removing the obstructions or growths
and shall sign and certify the statement to the county auditor of the
county in which the land is located. The county auditor shall place
the statement on the tax duplicates. The county treasurer shall collect
the costs entered on the duplicates at the same time and in the same
manner as road taxes are collected. The treasurer may not issue a
receipt for road taxes unless the costs entered on the duplicates are
paid in full at the same time the road taxes are paid. If the costs are
not paid when due, the costs shall become delinquent, bear the same
interest, be subject to the same penalties, and be collected at the
same time and in the same manner as other unpaid and delinquent
taxes.
As added by P.L.2-2002, SEC.11.
IC 32-26-4-3
Actions; recovering expenses of cutting or trimming
Sec. 3. The prosecuting attorney shall prosecute a suit under
section 2(e) of this chapter in the name of the state on relation of the
supervisor or county highway superintendent. The prosecuting
attorney shall receive a fee of ten dollars ($10), collected as a part of
the costs of the suit, for bringing a suit under this section.
As added by P.L.2-2002, SEC.11.