105 IAC 7-4-19 Miscellaneous criteria

Sec. 19. (a) The following signs shall not be eligible for a permit: (1) A sign that is illegal under federal law or state law. (2) A sign that is not securely affixed to a substantial structure. (3) A sign that attempts or appears to attempt to regulate, warn, or direct the movement of traffic or that interferes with, imitates, or resembles any official traffic sign, signal, or device. (4) A sign that was erected, repaired, or maintained upon trees, or painted or drawn upon rocks or other natural features. (5) A sign that is located in an unzoned commercial or industrial area, which extends beyond six hundred (600) feet from the outer edges of regularly used buildings, parking lots, storage, or processing areas of a commercial or industrial activity as defined in IC 8-23-1-43 [NOTE: IC 8-23-1 is repealed by P.L. 145-2026, SECTION 36, effective July 1, 2026.]. (6) A sign otherwise inconsistent with: (A) 23 U.S.C. 131*, as effective July 1, 2018; (B) 23 CFR 750*, as effective July 1, 2018; (C) IC 8-23-1 [NOTE: IC 8-23-1 is repealed by P.L. 145-2026, SECTION 36, effective July 1, 2026.] or IC 8-23-20; or (D) this rule. Any permit previously issued for any such ineligible sign shall automatically become an illegal sign and shall be revoked by the department. (b) If any sign that has a permit is the subject of a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the department or to the state of Indiana that the continued existence of that sign may result in the reduction of federal aid highway funds as provided in 23 U.S.C. 131* as effective July 1, 2018, the permit for that sign shall be revoked and the permittee shall remove the sign within thirty (30) days after the department notifies the sign owner in writing of the receipt of the federal notice, subject to the right of the permittee and the property owner to deliver a written notice of an appeal thereof to the department that is received by the department in accordance with the applicable time period set forth in IC 4-21.5. If the appellant's appeal letter is timely received by the department and complies with the requirements in section 12(c) of this rule, the permittee or the property owner so appealing shall be afforded the opportunity for a hearing under IC 4-21.5 and IC 8-23-20. Neither the department nor the state of Indiana shall have any liability to the permittee or any other person or entity in connection with the cessation of operation or the removal of a sign pursuant to this section. (c) Notwithstanding any other provision of this rule, no sign shall be erected, repaired, or maintained in an adjacent area to any control route in violation of the national standards applicable to outdoor advertising promulgated pursuant to 23 U.S.C. 131* as effective July 1, 2018, or federal administrative regulations adopted in 23 CFR 750* as effective July 1, 2018. *These documents are incorporated by reference and refer to the laws or regulations, or both, effective as of July 1, 2018. Copies may be obtained from the Government Publishing Office, www.govinfo.gov, or are available for review at the Indiana Department of Transportation, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Seventh Floor, Indianapolis, Indiana 46204.