Indiana § 32-26-4-1 - Obstruction of view; trimming and maintaining; application of law

§ 32-26-4-1. Obstruction of view; trimming and maintaining; application of law

Sec. 1. (a) This chapter:

(1) does not apply to:

(A) a highway intersection located within a city or town; or

(B) a building of a substantial character that is located at the intersection of highways; and

(2) except for the provisions of this chapter concerning hedge fences, applies only to the intersection of a state highway with another state highway, a county highway, or a township highway.

(b) Except as provided in subsection (c), the owner of a hedge or live fence along the line of a highway shall cut and trim down the hedge or live fence to a height of not more than five (5) feet once in each calendar year.

(c) This subsection applies if a hedge, live fence, or natural growth other than a tree connects with or is found at a highway intersection, adjacent to a curve where the view of the highway may be obstructed, or at a railway right-of-way. The owner of a hedge, live fence, or other growth to which this subsection applies shall trim and maintain the hedge, live fence, or other growth at a height of not more than five (5) feet above the level of the center of the traveled road bed in the highway that adjoins the hedge, live fence, or other growth:

(1) throughout the year;

(2) for a distance of:

(A) one hundred (100) feet, if the obstruction is a hedge or live fence; or

(B) fifty (50) feet, if the obstruction consists of any other natural growths; and

(3) beginning at the intersection of the highway and continuing along the lines dividing the highways and the adjoining property.

(d) This subsection applies to a tree growing within fifty (50) feet of the intersection of a highway with:

(1) another highway; or

(2) a steam or interurban railroad.

The owner of a tree to which this subsection applies shall trim the tree so that the view at the intersection is not obstructed.

(e) Except for a natural elevation of land, an obstruction to the view at the intersection of a highway with another highway or a steam or interurban railroad that exceeds a height of five (5) feet above the center of the highway may not be maintained at the intersection.

(f) After May 22, 1933, a building may not be erected within fifty (50) feet of an intersection to which this chapter applies.

[Pre-2002 Recodification Citation: 32-10-4-1.]

As added by P.L.2-2002, SEC.11.