in-20250514-IR-105250235FNA: The Indiana Department of Transportation (department) is soliciting public comment on adding rules at 105 IAC 7-4 concerning permits for relocating outdoor advertising signs. The department seeks comment on the affected citations listed and any other provisions of Title 105 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #25-235 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. 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: 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. 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: (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.