Authority: IC 8-23-2-6; IC 8-23-20-25; IC 8-23-20-25.6; IC
8-23-20.5
Affected: IC 8-23-1-47; IC 8-23-20; IC 8-23-20.5; IC
32-24
Sec. 24.
(a) A sign
may be relocated within the market area if the new location meets all state and
federal requirements, is established as a conforming use, and erected in
compliance with the relocation permit or relocation addendum in the electronic
permitting system.
(b) A relocation
permit application must be submitted when a sign is to be relocated within the
market area. No application fee shall be assessed for a relocation permit. The
relocation permit application must include all information required in section
3(a) [sic, of this rule].
(c) A complete relocation permit application
shall be processed by the department within fifteen (15) business days of
submission. An incomplete relocation application will not be considered by the
department, but minor deficiencies may be cured promptly after the department
requires the applicant to provide additional information or documentation
within five (5) business days. Otherwise, the relocation application shall be
cancelled, and all documents included with an incomplete relocation application
shall be returned to the applicant (but not sooner than ten (10) days after the
date upon which it was submitted) without being processed, along with a written
explanation of the reason for its cancellation. The cancellation and return of
an incomplete relocation application and any accompanying materials without
processing in accordance with this rule is not a final administrative action
subject to appeal. If a relocation application is cancelled for any reason, and
the applicant chooses to resubmit the relocation application, the subsequently
filed relocation application shall be processed as a new relocation application
as of the date it is received by the department with a new relocation
application number.
(d) If a
conforming sign is to be elevated, angled, or the size or material is modified
pursuant to IC 8-23-20-25.6(f), but the sign is not moving to a new location,
the permittee must apply for a relocation addendum. The relocation addendum
application must include all information required in section 3(a) [sic,
of this rule]. No application fee shall be assessed for the relocation
addendum. The permittee may include a request to modify or alter the sign, the
sign face, or the sign type at the time of its submission for a relocation
addendum. If a sign is moving more than one (1) foot from its original
location, but within the market area, the sign is not eligible for a relocation
addendum and must file a relocation permit application.
(e) Documentation of actions taken to
relocate a sign in good faith shall be provided to the department upon the
department's request. Documentation shall discuss all relevant details about
the process taken for the search for relocation options, and may include the
following:
(1) zoning requirements of unzoned
and zoned commercial and industrial areas pursuant to
23 U.S.C.
131(d) *, as effective July
1, 2018, IC 8-23-20-5, and IC 8-23-1-47;
(2) access requirements in accordance with
section 15(a)(12) [sic, of this rule];
(3) spacing requirements as outlined in
section 17 [sic, of this rule]; or
(4) inability to obtain a property interest
or agreement from property owners inside the market area in accordance with
section 3(a)
[sic, of this rule].
The above information can be provided to the department
through a written statement, if available supporting documentation would not
sufficiently explain actions taken. The permittee shall also provide supporting
documentation of searching expenses as provided in
49 CFR
24.301(g)(17) *, as
effective July 1, 2018, upon the department's request.
(f) If a sign is relocating for
reasons listed in IC
8-23-20-25.6(c),
and the permittee chooses to relocate the sign outside the market area within
less than one (1) year following the filing of an action under IC 32-24, or
relocates without an action being filed under IC 32-24, the permittee must sign
an affidavit that it does not intend to seek damages under IC 8-23-20 -27 for
the application to be considered complete. If the permittee chooses to relocate
the sign outside the market area, the permittee must submit a new permit
application, advise it is a relocation, identify the permit number for the
previous sign location, and include all information required in section 3(a)
[sic, of this rule] accompanied by the one hundred dollars
[sic, dollar] ($100) application fee. If the permittee fails
to include in the application that it is a relocation and provide the
affidavit, the permit may be revoked.
(g) If the permittee chooses to relocate the
sign to a location where a new construction project is programmed in the future
which may affect the spacing or location requirements for an outdoor
advertising sign, the application shall not be approved unless the permittee
and the department enter into an agreement which will allow for a permit to be
issued.
*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.
