CHAPTER 19. ENTRANCES TO STATE HIGHWAYS FROM PRIVATE PROPERTY
IC 9-21-19
Chapter 19. Entrances to State Highways From Private Property
IC 9-21-19-1
Permit requirements
Sec. 1. A person may not:
(1) construct a private entrance, driveway, or approach
connecting with a highway in the state highway system or the
state maintained route through a city or town; or
(2) cut or remove a curb along a highway;
without a written permit from the Indiana department of
transportation. The action must be in accordance with the rules and
requirements of the department.
As added by P.L.2-1991, SEC.9.
IC 9-21-19-2
Rules and requirements for entrances; adoption
Sec. 2. The Indiana department of transportation shall adopt rules
and requirements for private entrances, driveways, and approaches
necessary to provide for drainage of the highway, preservation of the
highway, and the safety and convenience of traffic on the highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-19-3
Structures connected to entrances; minimum distance from
highway; requirements
Sec. 3. The rules and requirements adopted under section 2 of this
chapter may include the minimum distance that gasoline pumps,
buildings, and other structures to which private entrances, driveways,
or approaches make a connection may be placed next to the property
line of the state highway or next to the outside edge of sidewalks
along routes through incorporated cities and towns.
As added by P.L.2-1991, SEC.9.
IC 9-21-19-4
Supervision of work by department of transportation; construction
expenses
Sec. 4. All work on private entrances, driveways, and approaches
shall be done under the supervision and to the satisfaction of the
Indiana department of transportation. The entire expense of
constructing private entrances, driveways, and approaches shall be
paid by the person to whom a permit is given.
As added by P.L.2-1991, SEC.9.
IC 9-21-19-5
Bond or cash deposit
Sec. 5. The Indiana department of transportation may require,
before granting a permit, that a sufficient bond be given or cash
deposit be made with the Indiana department of transportation to
ensure the carrying out of the terms of the permit. The bond or
deposit shall be returned when the requirements of the permit have
been met.
As added by P.L.2-1991, SEC.9.
IC 9-21-19-6
Maintenance and repair of entrances; removal of entrances at
owner's expense
Sec. 6. The owners or occupants of property abutting a state
highway shall maintain and keep in repair all private entrances,
driveways, and approaches. Private entrances, driveways, and
approaches may not be constructed or maintained in a manner that
obstructs or interferes with the highway, traffic, or a drain or ditch
that has been constructed on or that serves the highway. An owner or
occupant of abutting property shall remove private entrances,
driveways, and approaches at the owner's expense when requested to
do so by the Indiana department of transportation.
As added by P.L.2-1991, SEC.9.
IC 9-21-19-7
Construction or reconstruction of state highways; inclusion of
construction of public and existing private approaches and
drainage structures in improvement; location of drives; duties of
owner
Sec. 7. When a highway in the state highway system or the state
maintained route through a city or town is constructed or
reconstructed, the construction of all public road approaches and
existing private approaches, together with the drainage structures
required for the road's protection, shall be included as a part of the
improvement of the highway or state maintained route. The Indiana
department of transportation may require the changing of the location
of existing drives, in the interest of safety to the motoring public,
when the highway is constructed or reconstructed. The owner or
occupant of the abutting property shall make a change in location
under the direction of the Indiana department of transportation. Upon
the completion of the highway, the owners or occupants of adjoining
lands shall keep in repair all private entrances, driveways, and
approaches from highways.
As added by P.L.2-1991, SEC.9.
IC 9-21-19-8
Violations; Class C infraction
Sec. 8. A person who violates this chapter commits a Class C
infraction.
As added by P.L.2-1991, SEC.9.