in-20260506-IR-105260114FNA: TRAFFIC CONTROL DEVICES FOR HIGHWAYS

TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION Notice of First Public Comment Period LSA Document #26-114 TRAFFIC CONTROL DEVICES FOR HIGHWAYS PURPOSE OF NOTICE The Indiana Department of Transportation (department) is soliciting public comment on amending rules at 105 IAC 9-4 concerning business signs on information panels within highway rights-of-way. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260506-IR-105260114RAA Notice of Public Hearing: 20260506-IR-105260114PHA CITATIONS AFFECTED: 105 IAC 9-4 AUTHORITY: IC 8-23-2-6; IC 9-21-4 OVERVIEW Basic Purpose and Background The proposed rule is intended to expand the eligible service categories for the specific service (logo) sign program on interstates and freeways to include EV charging service stations, address issues with the priority of the eligible service categories, update eligibility requirements, and extend the grandfather date for nonconforming signs. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT The department is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than June 5, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Department of Transportation, 100 North Senate Avenue, Room N758, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Indiana Department of Transportation office. If the department does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE 105 IAC 9-4-4 Definitions Sec. 4. The following definitions apply throughout this rule: 105 IAC 9-4-5 Costs; rental fee Sec. 5. (a) The business facility or the department's contractor shall bear all the costs of manufacturing, installation, and maintenance relating to their respective logo panel and miniature logo panel, including theft, vandalism, or damage for any reason. (b) The business facility shall pay a rental fee to the department or its authorized contractor. (c) Business facilities which that operate on a seasonal basis shall pay a fee for installation and subsequent removal of CLOSED panels or removal and reinstallation of logo panels. (d) Fees will be established or approved jointly by the department and the Indiana department of commerce destination development corporation. 105 IAC 9-4-7 Location of specific service signs; general requirements Sec. 7. (a) When the spacing requirements in section 10 of this rule can be met, specific service signs may be erected along the interstate system and other freeways, except at the following locations: (b) The specific service signs should be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with other signs within the highway right-of-way. Unprotected specific service sign supports located within the clear zone shall be of a breakaway design. (c) In the direction of traffic flow, successive specific service signs shall be those for "ATTRACTION", "CAMPING", "LODGING", "FOOD", “EV CHARGING”, and "GAS", in that order. (d) The department will designate, by official action, interchanges where specific service signs may not be erected due to safety considerations. 105 IAC 9-4-8 Specific information permitted Sec. 8. (a) The types of services signs permitted are: with a maximum of three (3) services per specific service sign. To qualify for display on a specific service sign, the service facility must meet the requirements outlined in section 13 of this rule. (b) The number of specific service signs permitted is limited to a maximum of two (2) for each type of service, up to a maximum of four (4) specific service signs along an approach to an interchange. The number of logo panels permitted on a specific service sign is specified in section 11 of this rule. When unused space on a service sign is used to display an additional service, the unused space shall be used as provided in section 11(c) of this rule. 105 IAC 9-4-10 Location of signs; special requirements Sec. 10. (a) Except as provided in section 11(c) of this rule, a separate specific service sign must be provided for each type of service upon on which logo panels are displayed. (b) The specific service signs shall be erected between the previous interchange and eight hundred (800) feet minimum in advance of the exit lane taper, or the general motorist service sign if present, at the interchange from which the services are available. There shall be at least seven hundred twenty (720) feet spacing between the signs and at least five hundred (500) feet visibility to a sign installed beyond a sight obstruction. (c) Specific service signs existing at the time this rule is adopted and not meeting these spacing requirements may remain in place for the remainder of their normal service life or until April 1, 2027 2037, whichever is sooner. At the end of the normal service life, or at some time before April 2, 2027 2037, specific service signs not complying with these spacing requirements shall be removed or relocated in compliance with these requirements. (d) The order of preference for choosing services to be displayed shall be as follows: In the event a higher priority business replaces a lower priority business, any duplicate logo panels shall be removed. Except for duplicate logo panels, secondary applicants, as determined by section 13 of this rule, will be removed before primary applicants. The distance in mile tenths from the center point of the nearest exit ramp terminus shall govern which lower priority business is shall be removed. Secondary applicants, as determined by section 13 of this rule, will be removed before primary applicants. When these factors are equal, the business facility tenure in the specific service sign program shall govern. Where a duplicate logo panel is removed and the business facilities are in different directions from the exit ramp, specific service ramp signs may be provided for both business facilities. (e) At single-exit interchanges, where service facilities having a logo panel are not visible from the ramp terminal, specific service ramp signs must be installed at the ramp terminal as follows: 105 IAC 9-4-11 Design; special requirements Sec. 11. (a) At single-exit interchanges, the name of the type of service, followed by the exit number, shall be displayed in one (1) line above the logo panels, or, as an alternate, the exit number may be placed above the specific service sign, and the type of service or services shall be displayed in one (1) line above the logo panels. At unnumbered interchanges, the directional legend "NEXT RIGHT (LEFT)" shall be substituted for the exit number. The specific service sign shall be limited to six (6) logo panels for the following: (b) At double-exit interchanges, the specific service signs shall consist of two (2) sections, one (1) for each exit. The top section shall display the logo panels for the first exit, and the lower section shall display the logo panels for the second exit. The name of the type of service, followed by the exit number, shall be displayed in a line above the logo panels in each section. At unnumbered interchanges, the legend "NEXT RIGHT (LEFT)" and "SECOND RIGHT (LEFT)" shall be substituted for the exit numbers. Where a type of motorist service is to be signed for at only one (1) exit, one (1) section of the specific service sign may be omitted, or a single-exit interchange sign may be used. The number of logo panels on the specific service sign (total of both sections) shall be limited to six (6) for the following: (c) At rural interchanges where the number of qualified business facilities are limited, or at interchanges where longitudinal space limits the number of specific service signs that may be installed, logo panels for two (2) or three (3) types of services may be displayed on the same specific service sign. The permitted combinations are as follows: The name of each type of service shall be displayed above its respective logo panel or panels, and the exit number shall be displayed above the names of the types of services. At unnumbered interchanges, the legend "NEXT RIGHT (LEFT)" shall be substituted for the exit number. Logo panels should not be combined on a specific service sign when it is anticipated that additional service facilities will become available in the near future. When it becomes necessary to display more logo panels for a type of service displayed in combination, the logo panels involved shall then be displayed in compliance with subsections (a) and (b). When there is unused space on a specific service sign, the remaining display area is subject to the priority in section 10(d) of this rule until the service type with the next highest priority has six (6) logo panels displayed. Once the service type with the next highest priority in section 10(d) of this rule has six (6) logo panels displayed, the remaining display area shall be available to the service type with the subsequent priority level. No Not more than twelve (12) logo panels may be displayed for a specific service type. (d) The normal orientation for specific service signs is with the longer dimension horizontal. At locations with extreme conditions, such as narrow rights-of-way or steep slopes, where a horizontal installation is not practical, the longer dimension may be installed vertically with sections appropriate to the vertical orientation. The left section shall be for the first exit of a double-exit interchange and the right section for the second exit. (e) When a specific service sign is divided into sections, a section may not be extended left or right or up or down to encroach into the area of another section. Specific service signs not in compliance with this subsection at the time this rule is adopted may remain in place until the earlier of: 105 IAC 9-4-13 Qualification for logo panels Sec. 13. (a) In addition to the specific requirements in this section, each applicant must hold valid licenses, permits, or approvals required of the facility by any an appropriate governmental agency. Each business identified on a specific service sign must: (b) To qualify as an applicant for a "GAS" logo panel, a business facility must establish the following: (c) To qualify as an applicant for an "EV CHARGING" business identification sign, a business facility must establish the following: (c) (d) To qualify as an applicant for a "FOOD" logo panel, a business facility must establish the following: (d) (e) To qualify as an applicant for a "LODGING" logo panel, a business must establish the following: (e) (f) To qualify as an applicant for a "CAMPING" logo panel, a business facility must establish the following: (f) (g) To qualify as an applicant for an "ATTRACTION" logo panel, a business must establish the following: (g) The department or its contractor will enter into contracts with primary applicants for the use of space on specific service signs. If space remains available on specific service signs after primary applicants have been contracted, the department or its contractor may enter into contracts with secondary applicants for use of the remaining space. LSA Document #26-114 Documents Incorporated by Reference: None Received by Publisher