Title 8, UTILITIES AND TRANSPORTATION

Sec. 5.1. (a) The commission, the department of state revenue, or the Indiana department of transportation shall immediately notify the counselor of the institution of any proceeding before the commission, the department of state revenue, or the Indiana department of transportati…

Sec. 6.1. (a) The consumer counselor may employ and fix the compensation of, with the approval of the governor and the budget agency, accountants, utility economists, engineers, attorneys, stenographers, or other assistance necessary to carry out the duties of the office. The com…

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 7. (a) There is created the advisory council to the office of the utility consumer counselor. The council consists of nine (9) members. Each Indiana congres…

Sec. 8.1. (a) The council shall meet at the call of the chairman or the consumer counselor. (b) The council shall receive, review, and advise the consumer counselor with respect to problems and concerns of ratepayers and consumers arising from the regulation of utilities, motor c…

Sec. 9.1. (a) The governor may appoint a deputy consumer counselor for Washington affairs. The utility consumer counselor may advise the governor in the appointment of a deputy consumer counselor for Washington affairs. (b) The deputy consumer counselor shall serve for a term of …

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.145-2026, SEC.37.

Sec. 10. (a) "Changeable message sign" means a sign that satisfies all of the following: (1) The message on the sign may be changed mechanically, electronically, or by remote control. (2) The static display on the face of the sign: (A) does not display any copy or message that mo…

Sec. 11. "Commerce corridor" means that part of a recognized system of highways that: (1) directly facilitates intrastate, interstate, or international commerce and travel; (2) enhances economic vitality and international competitiveness; or (3) provides service to all parts of I…

Sec. 12. "Commissioner" refers to the commissioner of the department. As added by P.L.145-2026, SEC.37.

Sec. 13. "County arterial highway system" means a system of highways designated by the county highway authority as having the greatest general importance to the county and for which responsibility is assigned to the county highway authority. As added by P.L.145-2026, SEC.37.

Sec. 14. "County local highway system" means the roads and streets used primarily for access to residence, business, farm, or other abutting property and for which responsibility is assigned to the county highway authority. As added by P.L.145-2026, SEC.37.

Sec. 15. "Curb" means a stone or row of stones, or a similar construction of concrete or other material, along the margin of a roadway as a limit to the roadway and a restraint upon and protection to the adjoining sidewalk space. As added by P.L.145-2026, SEC.37.

Sec. 16. "Department" refers to the Indiana department of transportation established by IC 8-23-2-1. As added by P.L.145-2026, SEC.37.

Sec. 17. "Directional and other official signs and notices" includes signs and notices pertaining to natural, scenic, and historical attractions that are required or authorized by law and conform to the national standards adopted by the United States Secretary of Commerce under 2…

Sec. 18. "Electronic billboard" means a programmable sign capable of presenting a large amount of: (1) text; (2) symbolic imagery; or (3) both text and symbolic imagery. As added by P.L.145-2026, SEC.37.

Sec. 19. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way bring into being or establish. The term does not include an activity performed as an incident to the change of an advertising message or normal maintenance or rep…

Sec. 2. The definitions in IC 36-1-2 apply to this article. As added by P.L.145-2026, SEC.37.

Sec. 20. "Executive" has the meaning set forth in IC 36-1-2-5. However, for a consolidated city, the term means the city-county council. As added by P.L.145-2026, SEC.37.

Sec. 21. "Extraordinary cost" means the cost to a utility to relocate existing facilities that is either: (1) more than ten percent (10%) of the total operating revenue received by the utility during the utility's most recent full fiscal year; or (2) more than fifty percent (50%)…

Sec. 22. "Highway, street, or road" means a public way for purposes of vehicular traffic, including the entire area within the right-of-way. However, the term does not include a highway for purposes of IC 8-2.1. As added by P.L.145-2026, SEC.37.

Sec. 23. "Information center" means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within Indiana and providing other information that the department considers desirable. As added by P.L.145-2026, SEC.…

Sec. 24. "Interstate system" means the part of the national system of interstate and defense highways located within Indiana as officially designated by the department and approved by the United States Secretary of Commerce under 23 U.S.C. As added by P.L.145-2026, SEC.37.

Sec. 25. "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles or automobile parts, iron, steel, and other old scrap ferrous or nonferrous material. As added by P.L.145-2026, SEC.37.

Sec. 26. "Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The term includes garbage dumps and sanitary fills. The term does n…

Sec. 27. "Limited access facility" means a highway or street designed for through traffic, over, from, or to which owners or occupiers of abutting land or other persons have either no right or easement or a limited right or easement of direct access, light, air, or view because t…

Sec. 28. "Maintain" means allow to exist. As added by P.L.145-2026, SEC.37.

Sec. 29. "Main-traveled way" means the traveled way of a highway on which through traffic is carried. For a divided highway, the term includes the traveled way of each of the separated roadways for traffic in opposite directions. The term does not include frontage roads, turning …

Sec. 3. "Abandonment" means the cessation of use of right-of-way activity upon a site with no intention to reclaim or use the site again for highway purposes. As added by P.L.145-2026, SEC.37.

Sec. 30. "Municipal arterial street system" means a system of arterial streets and highways designated by the municipal street authority as having the greatest importance to the municipality and for which responsibility is assigned to the municipal street authority. As added by P…

Sec. 31. "Municipal local street system" means roads and streets used primarily for access to residence, business, or other abutting property and for which responsibility is assigned to the municipal street authority. As added by P.L.145-2026, SEC.37.

Sec. 32. "Primary system" means the part of connected main highways as officially designated by the department and approved by the United States Secretary of Commerce under 23 U.S.C. As added by P.L.145-2026, SEC.37.

Sec. 33. "Road paving material" means bituminous or portland concrete surfaces. As added by P.L.145-2026, SEC.37.

Sec. 34. "Safety rest area" means an area or site established and maintained within adjacent areas by or under public supervision or control for the convenience of the traveling public. As added by P.L.145-2026, SEC.37.

Sec. 35. "Scrap metal processing facility" means an establishment having facilities for processing iron, steel, or nonferrous metal and whose principal product is scrap iron, steel, or scrap for sale for remelting purposes only. As added by P.L.145-2026, SEC.37.

Sec. 36. "Secretary" refers to the United States Secretary of Transportation. As added by P.L.145-2026, SEC.37.

Sec. 37. "Sign" means an outdoor sign, display, device, notice, bulletin, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designated, intended, or used to advertise or inform. As added by P.L.145-2026, SEC.37.

Sec. 38. "State aid director" refers to the chief administrative officer of the office of the department that administers programs of state and federal aid to local units of government, or the officer's designee. As added by P.L.145-2026, SEC.37.

Sec. 39. "State highway system" means the system of highways and streets that are of general economic importance to Indiana as a whole and for which responsibility is assigned to the department. As added by P.L.145-2026, SEC.37.

Sec. 4. "Adjacent area" means an area that is adjacent to and within six hundred sixty (660) feet of the nearest edge of the right-of-way of an interstate or primary highway. As added by P.L.145-2026, SEC.37.

Sec. 40. "Substantial completion" refers to the date, as determined by the department, when the construction of the contract is sufficiently completed in accordance with the plans and specifications, as modified by any change orders, so that the construction can be used for its i…

Sec. 41. "Transportation plan" means a statement evaluating transportation policy objectives and projecting specific long range comprehensive actions to accomplish policy objectives. As added by P.L.145-2026, SEC.37.

Sec. 42. "Traveled way" means the part of the roadway for the movement of vehicles. The term does not include shoulders or auxiliary lanes. As added by P.L.145-2026, SEC.37.

Sec. 43. "Trimovement sign" means a sign that displays three (3) separate images sequentially by rotating triangular cylinders. As added by P.L.145-2026, SEC.37.

Sec. 44. (a) "Unzoned commercial or industrial area" means an adjacent area not zoned under state or local statute, rule, or ordinance on which there is located one (1) or more permanent structures for commercial or industrial activities other than a sign or upon which a commerci…

Sec. 45. "Urban area" means: (1) an urbanized area designated by the Bureau of the Census; (2) if an urbanized area lies within more than one (1) state, the part of the area that lies within the boundaries of Indiana; or (3) an urban place designated by the Bureau of the Census h…

Sec. 46. "Utility" has the meaning set forth in IC 8-1-9-2(a). As added by P.L.145-2026, SEC.37.