Section 105 IAC 7-4-24 - RelocationAuthority: 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.
Emergency rule filed 8/2/2022, 12:55 p.m.: 20220810-IR-105220243ERA, eff 8/15/2022