105 Ind. Admin. Code 5-4-5

Current through January 8, 2025

Section 105 IAC 5-4-5 - Basis for granting requested relief

Authority: IC 8-8-1-12; IC 8-23-2-6

Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4

Sec. 5.

The department will decide whether to grant relief from the statutory track clearance requirements within sixty (60) days of the petition's filing. The decision of the department with respect to reduction of a statutorily required clearance distance shall be based upon the necessity for such relief and whether the clearance area may be safely utilized if such relief is granted.

105 IAC 5-4-5

Indiana Department of Transportation; 105 IAC 5-4-5; filed May 7, 1982, 2:05 p.m.: 5 IR 1180; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2219; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA

Readopted filed 10/4/2019, 9:49 a.m.: 20191030-IR-105190422RFA

Transferred from Department of Transportation ( 100 IAC 6-4-5) to Indiana Department of Transportation ( 105 IAC 5-4-5) by P.L. 112-1989, SECTION 5, effective July 1, 1989.