Indiana § 8-23-6-6 - Excavations, obstructions, and utility work; restrictions; violations

§ 8-23-6-6. Excavations, obstructions, and utility work; restrictions; violations

Sec. 6. (a) An opening may not be made in:

(1) a highway in the state highway system;

(2) the right-of-way of a state highway; or

(3) the roadway of a street of a city or town over which a state highway is routed and which the department is required to maintain;

and a structure or obstruction may not be placed in a highway or roadway of a state highway without the consent of the department. A highway or roadway may not be dug up for laying or placing a pipe, sewer, pole, wire, conduit, track, or railway or for any other purpose, and trees may not be removed from the right-of-way of a state highway without the written permit of the department, and then only in accordance with the rules of the department. The work shall be done under the supervision and to the satisfaction of the department, and the entire expense of restoring the highway or street in as good condition as before shall be paid by the person to whom the permit is given.

(b) The department may require, before the granting of a permit, that a sufficient bond be given, or cash deposit made, to insure the restoration of the highway or street. In granting a permit, the department may designate the place in the street, highway, or right-of-way thereof where the pipe, sewer, pole, wire, conduit, track, railway, or other device or thing may be constructed.

(c) A person who violates this section commits a Class C infraction.

As added by P.L.18-1990, SEC.215.

IC 8-23-7Chapter 7. Real Property Transactions

8-23-7-0.1Application of certain amendments to chapter 8-23-7-1Application of chapter 8-23-7-2Purposes for acquiring real property 8-23-7-2.5Appraisal of real property 8-23-7-3Railroad rights-of-way 8-23-7-4Description of property to be acquired; preparation and filing 8-23-7-5Notice to owners; delivery 8-23-7-6Improvement and changes in use of property; restrictions 8-23-7-7Improvement and changes in use of property; time limit for state action 8-23-7-8Variances and building permits; notice to department; hearing 8-23-7-9Improvement and changes in use of property; loss of notice rights 8-23-7-10Publication of information concerning purchased property 8-23-7-11Vouchers for payment; attaching grant or deed copies 8-23-7-12Vouchers for payment; certification; payment 8-23-7-13Sale of surplus property 8-23-7-13.5Indiana department of transportation nonmarketable property 8-23-7-14Sale of surplus property separated from abutting parcel; offer to abutting property owner 8-23-7-15Sale of surplus property separated from abutting parcel; procedure when abutting property owner fails to accept offer 8-23-7-16Sale of surplus property valued at less than $10,000 8-23-7-17Exchange of lands, rights, and easements; criteria 8-23-7-18Exchange of lands, rights, and easements; valuation; payments for differences in value 8-23-7-19Exchange of lands, rights, and easements; improvements 8-23-7-20Exchange of lands, rights, and easements; attaching construction contracts, bonds, or plans to exchange agreements 8-23-7-21Exchange of lands, rights, and easements; improvement completion requirement 8-23-7-22Change of state highway to tollway 8-23-7-23Change of state highway to toll road 8-23-7-24Designated parts of state highway allowed to be either tollway or toll road 8-23-7-25Change of state highways to tollways and toll roads; effectiveness of orders 8-23-7-26Surveys and investigations; right of entry 8-23-7-27Surveys and investigations; notification of occupants 8-23-7-28Surveys and investigations; compensation for damages 8-23-7-29Priority of actions 8-23-7-30Municipal acquisition of rights-of-way 8-23-7-31Acquisition of property, rights, and easements; legal description; taxation 8-23-7-32Preservation of abstracts of title, title insurance policies, and other title papers