CHAPTER 8. LIMITED ACCESS FACILITIES
IC 8-23-8
Chapter 8. Limited Access Facilities
IC 8-23-8-1
Planning, construction, maintenance, and regulation
Sec. 1. The department and the highway authorities of the
counties and municipalities, acting alone or in cooperation with each
other or any federal agency, or state or local agency of another state
having authority to participate in the construction and maintenance
of highways, may plan, designate, establish, regulate, vacate, alter,
improve, maintain, and provide limited access facilities for public
use on all or any part of a highway whenever the department or
authority that has jurisdiction over the highway determines that
traffic conditions, present or future, will justify the facilities. The
department or a highway authority that has jurisdiction over a
highway may regulate, restrict, or prohibit the use of limited access
facilities on that highway by various classes of vehicles or traffic.
As added by P.L.18-1990, SEC.217. Amended by P.L.87-1991,
SEC.2.
IC 8-23-8-1.3
Commerce corridors
Sec. 1.3. (a) The department shall do the following:
(1) Determine commerce corridors within Indiana.
(2) Determine the level of service of each commerce corridor.
(3) Establish procedures for maintaining the level of service in
a commerce corridor.
(4) Adopt an improvement plan for each commerce corridor that
does not meet its prescribed level of service.
(b) The department may determine the feasibility of using
recycled materials in the improvement of commerce corridors.
(c) Determinations under this section shall be in conformance
with any similar highway designation made by the federal highway
administration.
As added by P.L.87-1991, SEC.3.
IC 8-23-8-2
Division into separate roadways
Sec. 2. The department and the highway authorities may divide a
limited access facility into separate roadways by the construction of
raised curbings, central dividing sections, or other physical
separations, or by designating the separate roadways by signs,
markers, stripes, and other devices and indicate the proper lane for
traffic by appropriate signs, markers, stripes, and other devices.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-3
Acquisition of property and property rights
Sec. 3. (a) The department or a highway authority may acquire
private or public property and property rights for limited access
facilities and service roads, including rights of access, air, view, and
light, by gift, devise, purchase, or condemnation for the laying out,
widening, or improvement of highways and streets within their
respective jurisdictions.
(b) In the acquisition of property or property rights for a limited
access facility or a service road connected with a facility, the state,
county, or municipality may acquire an entire lot, block, or tract of
land, if the interests of the public will be best served, even though the
entire lot, block, or tract is not immediately needed for the
right-of-way.
(c) Court proceedings necessary to acquire property or property
rights under this section take precedence over all other causes not
involving the public interest in all courts.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-4
Designation; elimination of intersections
Sec. 4. (a) The department or the highway authority of a county
or municipality may designate and establish limited access facilities
as new and additional facilities or may designate and establish an
existing street or highway as included within a limited access
facility.
(b) The department, county, or municipality may provide for the
elimination of intersections at grade of limited access facilities with
existing state and county roads and municipal streets by:
(1) grade separation or service road; or
(2) closing off the roads and streets at the right-of-way
boundary line of the limited access facility.
(c) After the establishment of a limited access facility, a highway
or street that is not part of the facility may not intersect the facility
at grade.
(d) A municipal street, a county or state highway, or other public
way may not be opened into or connected with a limited access
facility without the prior consent of the authority having jurisdiction
over the facility. Consent under this subsection may be given only if
the public interest is served.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-5
Bypass highways
Sec. 5. Whenever the department constructs a bypass highway
around a municipality, the department shall designate the bypass
highway as a limited access facility.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-6
Joint agreements; counties, municipalities, and federal government
Sec. 6. (a) The department may enter into agreements with a
county, municipality, or the federal government concerning limited
access facilities or other public ways under their jurisdiction under
this chapter or any other state or federal law authorizing cooperation
to carry out this chapter.
(b) A county or municipality may enter into agreements with the
federal government concerning limited access facilities or other
public ways under its jurisdiction under this chapter or any other
state or federal law authorizing cooperation to carry out this chapter.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-7
Local service roads; access roads to service facilities
Sec. 7. (a) The department, a county, or a municipality may plan,
designate, establish, use, regulate, alter, improve, maintain, and
vacate local service roads and streets, or designate as local service
roads and streets existing roads or streets, and exercise jurisdiction
over service roads under this chapter if the department, county, or
municipality determines the service roads or streets are necessary or
desirable. The local service roads or streets must be:
(1) of appropriate design; and
(2) separated from the limited access facility by all devices
designated necessary or desirable by the proper authority.
(b) The department, to permit the establishment of adequate fuel
or other service facilities by private owners or lessees for the users
of a limited access facility, shall provide for access roads within the
state's right-of-way of a limited access facility at points that will best
serve the public interest.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-8
Ingress and egress to and from abutting lands
Sec. 8. A person is not entitled to ingress or egress to, from, or
across limited access facilities to or from abutting lands, except at
designated access points, as specified by rule.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-9
Offenses
Sec. 9. (a) A person may not do any of the following upon a
limited access facility:
(1) Drive a vehicle over, upon, or across a curb, central dividing
section, or other separation or dividing line.
(2) Make a left turn or a semicircular or U-turn except through
an opening provided for the purpose in the dividing curb,
separation, section, or line.
(3) Drive a vehicle except in the proper lane provided for that
purpose, in the proper direction, and to the right of the central
dividing curb, separation, section, or line.
(4) Drive a vehicle into the facility from a local service road
except through an opening provided for that purpose in the
dividing curb, section, separation, or line that separates the local
service road from the facility.
(b) A person who violates this section commits a Class C
infraction.
As added by P.L.18-1990, SEC.217.
IC 8-23-8-10
State Road 331 in St. Joseph County
Sec. 10. (a) As used in this section, "designated highway" refers
to the highway designated as a limited access facility under
subsection (b).
(b) The department shall designate and do all acts necessary to
establish the part of State Road 331 in St. Joseph County from the
U.S. Highway 20 bypass to State Road 23 as a limited access facility.
The designated highway shall be in operation as a limited access
facility beginning not later than January 1, 2009.
(c) Neither the department nor any political subdivision may
authorize any additional curb cuts or intersections after January 1,
2009, on the designated highway. The department shall limit
intersections on the designated highway to the following locations:
(1) U.S. Highway 20 bypass.
(2) Ireland Road.
(3) Dragoon Trail.
(4) Twelfth Street (also known as Harrison Road).
(5) Indiana 933 (also known as Lincoln Way).
(6) Jefferson Boulevard.
(7) McKinley Highway.
(8) Day Road.
(9) Douglas Road.
(10) Cleveland Road.
(11) Joseph D. Zappia Boulevard directly across from the
Indiana Toll Road interchange.
(12) State Road 23.
(d) No traffic signal may be erected at the intersection described
in subsection (c)(2).
As added by P.L.182-2009(ss), SEC.279. As amended by
P.L.69-2010, SEC.1.