in-20251119-IR-105250235FRA: RELOCATION PERMITS

TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION Final Rule LSA Document #25-235 DIGEST RELOCATION PERMITS Adds 105 IAC 7-4-2.5 concerning definitions that apply throughout the rule. Adds 105 IAC 7-4-13.5 concerning conditional permits. Adds 105 IAC 7-4-15.5 concerning permit revocations, appeals, and the removal of illegal signs. Adds 105 IAC 7-4-24.5 concerning relocating outdoor advertising signs. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20250514-IR-105250235FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20250514-IR-105250235RAA Date of First Hearing: June 16, 2025 Notice of Second Public Comment Period: 20250723-IR-105250235SNA Date of Second Hearing: August 25, 2025 CITATIONS AFFECTED: 105 IAC 7-4-2.5; 105 IAC 7-4-13.5; 105 IAC 7-4-15.5; 105 IAC 7-4-24.5 SUMMARY/RESPONSE TO COMMENTS The Indiana Department of Transportation (department) requested public comment from May 14, 2025, through June 13, 2025, and from July 23, 2025, through August 22, 2025, and during the public hearings on June 16, 2025, and August 25, 2025. The comments received and the department's responses to the comments are summarized as follows: On June 13, 2025, INDOT received the following comments from Scenic America via email: Comment to proposed rule at 105 IAC 7-4-24.5: We appreciate that the proposed rule includes scenic byways in the definition of "control route" [105 IAC 7-4-2.5(9)(C)] and defines scenic byways in alignment with federal policy [105 IAC 7-4-2.5(38)]. We also acknowledge that separate provisions under 105 IAC 7-4-21 restrict new signage along these corridors. However, the proposed relocation procedure in Section 24.5 does not reference these existing restrictions or explicitly prohibit relocated signs from being installed along scenic byways. Because these corridors are specifically designated for their scenic, historic, and recreational value, allowing billboard relocation along them directly undermines state and federal scenic preservation policy. Proposed addition to §24.5: "No relocation permit or addendum shall be granted for a sign that would be visible from any designated state or national scenic byway or located within 660 feet of such byway, whichever results in greater protection." This addition would ensure that scenic byways retain the same protections against relocated signs as they do against new sign construction, avoiding ambiguity and reinforcing Indiana's commitment to scenic corridor preservation. Response: Rule 105 IAC 7-4-24.5 does not negate the department's effective control of outdoor advertising in relation to scenic byways. The department's control procedures remain consistent with Federal and State laws, codes, and regulations including, but not limited to, 23 USC 131(s), 23 CFR 750.705, IC 8-23-20-25, and 105 IAC 7-4-21. Comment to proposed rule at 105 IAC 7-4-24.5: The relocation process should not be used to convert static signs to digital or changeable message signs, which dramatically increase light pollution and driver distraction. Conversions of this nature should be treated as new construction subject to full permitting and public review. Allowing format changes during relocation invites abuse by allowing substantial upgrades without going through the rigorous review such signs warrant. Proposed addition to §24.5(a): "A relocated sign may not change sign type or format, including conversion to a digital, video, or changeable message sign" Response: The department's processing of relocation and relocation addendum permit applications will be in accordance with IC 8-23-20-25.6. The department's review procedures will be consistent with the Indiana Administrative Code including 105 IAC 7-4-3, 105 IAC 7-4-13.5, and 105 IAC 7-4-14. Changeable message signs are permitted under the authority of IC 8-23-20-25.5 and are subject to the conditions of 105 IAC 7-4-5. The department's actions will continue to comply with all Federal and State laws, codes, and regulations. Comment to proposed rule at 105 IAC 7-4-24.5: While the definitions for spot and strip zoning are thorough, they are not currently tied to any enforcement mechanism. Without a clear prohibition, these definitions are effectively advisory. The Department should include a categorical ban on approving relocation permits based on artificial or manufactured zoning intended solely to permit a billboard structure. This would preserve the integrity of land use planning. Proposed addition to §24.5(a): "Relocation permits shall not be approved for sites that rely on spot zoning or strip zoning as defined in §2.5(44)–(46)." Response: The department's control of outdoor advertising prohibits the erection/permitting of outdoor advertising signs on property whose zoning classification is a product of "spot" or "strip" zoning. Federal and State laws, codes, and regulations support and enforce such a prohibition (ex: 23 USC 131(d), 23 CFR 750.708, IC 8-23-20-15, 105 IAC 7-4-10, and 105 IAC 7-4-20). Comment to proposed rule at 105 IAC 7-4-13.5: The purpose of nonconforming status is to phase out signs that no longer meet legal standards. Permitting their relocation or renewal without clear limitations directly contradicts that goal. The current rule risks granting these signs a perpetual lease on life, even when their original location is no longer viable. It is critical that relocation be tied only to legally compelled circumstances and not used as a method of evading state restrictions. Proposed addition to §13.5(11): "A conditional permit for a nonconforming sign may not be renewed or extended beyond its original term unless the Department determines that the relocation is required by condemnation or other action under IC 8-23-20-25.6(c)." Response: The department does not renew or provide renewal for outdoor advertising permits; the outdoor advertising permit is granted for the lifetime of the sign, unless revoked by the department. The department will process relocation and relocation addendum permit applications in accordance with Federal and State laws, codes, and regulations (including IC 8-23-20-25.6.) Comment to proposed rule at 105 IAC 7-4-15.5: Section 15.5(a)(11) rightfully prohibits unlawful vegetation removal to improve billboard visibility. Scenic America strongly opposes all tree cutting or vegetation removal for billboard visibility purposes. The visual integrity of Indiana's roadways and the ecological value of roadside vegetation should be preserved. However, the rule should be amended to clarify that any vegetation removal for visibility constitutes a violation. Proposed revision to §15.5(a)(11): "Destruction or cutting of trees, shrubs, or other vegetation located on the state owned or controlled right-of-way to increase the visibility of an outdoor advertising structure. The Department shall treat any such activity as a violation subject to permit revocation or moratorium." Response: The proposed language exceeds the scope of this rulemaking and imposes an undue burden on the applicant to fulfill the obligatory requirements of 105 IAC 7-4-8; however, the department will take this comment under advisement. Comment to proposed rule at 105 IAC 7-4-13.5: The proposed rule's provision for conditional permits (§13.5) lacks sufficient definitions and limitations that could allow nonconforming signs to persist far longer than intended. To address this concern, we recommend that INDOT: Further, the Department should clarify that conditional permits do not confer permanent legal status to nonconforming signs and may not be used to justify future relocations, rebuilds, or upgrades. Proposed revision to §13.5: ["Conditional permits for nonconforming signs shall be issued for a term not to exceed one year. No sign shall be eligible for more than five total conditional permit terms. Conditional permits shall not confer any permanent rights and do not make a sign eligible for relocation under §24.5."] Response: The department does not renew or provide renewal for outdoor advertising permits; the outdoor advertising permit is granted for the lifetime of the sign, unless revoked by the department. The department's control of outdoor advertising will adhere to Federal and State laws, codes, and regulations (including IC 8-23-20-25.6). Comment proposing a new section be added to 105 IAC 7-4: Many of the rule's protections depend on effective enforcement. Without clear penalties and accountability mechanisms, even the best-crafted policies can be undermined by inconsistent application or lack of follow-through. We recommend that INDOT create a dedicated section outlining enforcement procedures, including inspection authority, penalties for violations, timelines for corrective actions, and public reporting requirements. In particular: Proposed new section: "Enforcement. The Department shall establish enforcement protocols for the inspection, revocation, and public reporting of violations related to outdoor advertising permits. Violations may result in immediate suspension, permit revocation, ineligibility for future permits, or legal action under applicable federal and state law." Response: The department's effective controls (ex: 105 IAC 7-4-3, 105 IAC 7-4-9, and 105 IAC 7-4-15) possess protocols for enforcement procedures including inspections and corrective actions that are consistent with Federal and State laws, codes, and regulations. Public reporting protocols are outside the scope of this rulemaking. FINAL RULE SECTION 1. 105 IAC 7-4-2.5 IS ADDED TO READ AS FOLLOWS: 105 IAC 7-4-2.5 Definitions Authority: IC 8-23-2-6; IC 8-23-20-25; IC 8-23-20-25.7 Affected: IC 8-23 Sec. 2.5. The following definitions apply throughout this rule: *These documents are incorporated by reference and refer to the laws or regulations, or both, effective January 5, 2026. 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, IN 46204. SECTION 2. 105 IAC 7-4-13.5 IS ADDED TO READ AS FOLLOWS: 105 IAC 7-4-13.5 Conditional permit Authority: IC 8-23-2-6; IC 8-23-20-25; IC 8-23-20-25.7 Affected: IC 8-23-20-25.6 Sec. 13.5. A conditional permit may be granted to any nonconforming sign, if the sign has not been substantially changed after the date it became a nonconforming sign, as follows: SECTION 3. 105 IAC 7-4-15.5 IS ADDED TO READ AS FOLLOWS: 105 IAC 7-4-15.5 Revocation of permit; appeal; removal of illegal signs as public nuisances Authority: IC 8-23-2-6; IC 8-23-20-25 Affected: IC 4-21.5; IC 8-23-20-25.6; IC 8-23-20-26 Sec. 15.5. (a) A permit for a sign may be revoked for the following: (b) If revocation of the permit is appropriate, the department shall issue a written notice of revocation, accompanied by an explanation of the rationale for the revocation, which shall be sent to the permittee and property owner by U.S. certified mail. The permittee or property owner may appeal this revocation by delivering a written notice of the appeal to the department, and the notice is received by the department under the applicable 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 property owner that is appealing shall be given the opportunity for a hearing under IC 4-21.5 and IC 8-23-20. (c) A conforming sign issued a permit under this rule may have the permit modified to a conditional permit for a nonconforming sign if the department determines that changed circumstances would preclude issuing a permit for a conforming sign under section 13.5(1) of this rule. Notice of this modification shall be given as provided in subsection (b). If the permit is so modified, the requirements of section 13.5 of this rule thereafter apply to that sign. (d) Signs that were erected, repaired, maintained, or exist in violation of any federal or state law or this rule are illegal signs and public nuisances. The permit for an illegal sign may be revoked at any time by the department under this rule and state law. (e) If the permit for a sign is revoked by the department, the sign must thereafter be removed under this rule and state law without payment of any compensation to the permittee, the property owner, or any other party, except as provided in IC 8-23-20-26. *This document is incorporated by reference and refers to the laws or regulations, or both, effective January 5, 2026. 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, IN 46204. SECTION 4. 105 IAC 7-4-24.5 IS ADDED TO READ AS FOLLOWS: 105 IAC 7-4-24.5 Relocation 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 32-24 Sec. 24.5. (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 is erected in compliance with the relocation permit or 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. An application fee may not be assessed for a relocation permit. The relocation permit application must be verified and include the information required in section 3(a) of this rule. (c) A complete relocation permit application shall be processed by the department within fifteen (15) business days after 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 documents included with an incomplete relocation application are returned to the applicant, but not earlier than ten (10) days after the date it was submitted, without being processed, along with a written explanation of the reason for its return. If a relocation application is canceled for any reason, and the applicant chooses to resubmit the relocation application, the later filed relocation application is processed as a new relocation application beginning the date it is received by the department with a new relocation application number. (d) If a conforming sign is to be elevated or angled, or the size or material is modified under IC 8-23-20-25.6(f), but the sign is not moving to a new location, the permittee shall apply for a relocation addendum. The relocation addendum application must be verified and include the information required in section 3(a) of this rule. An application fee may not be assessed for the relocation addendum. The permittee may include a request to modify or alter the sign, sign face, or 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 the applicant shall file a relocation permit application. (e) Documentation of actions taken to relocate a sign in good faith shall be provided to the department at the department's request. The documentation must discuss the relevant details about the process taken for the search for relocation options, and may include the following: The information in subdivisions (1) through (4) may 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)*, effective January 5, 2026, at 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 after an action is filed under IC 32-24, or relocates without an action being filed under IC 32-24, the permittee shall sign an affidavit that they do 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 shall submit a new permit application, advise it is a relocation, identify the permit number for the previous sign location, and include the information required in section 3 of this rule, accompanied by the one hundred 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 a permittee chooses to relocate a 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 allowing a permit to be issued. *These documents are incorporated by reference and refer to the laws or regulations, or both, effective January 5, 2026. 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, IN 46204. LSA Document #25-235 Notice of First Public Comment Period: May 14, 2025 Last Hearing Held: August 25, 2025 Approved by Attorney General: October 10, 2025 Approved by Governor: October 16, 2025 Filed with Publisher: October 20, 2025, 11:35 a.m. Documents Incorporated by Reference: 23 U.S.C. 131; 23 CFR 470.107, 23 CFR 658.5, 23 CFR 750.101, 23 CFR 750.708, and 49 CFR 24.301; all effective January 5, 2026