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Indiana State Highway Right-of-Way (3-IN-c)

Information current as of 2020
In Indiana, a developer must obtain a Highway Right-of-Way Permit ("Permit") from the Indiana Department of Transportation (“INDOT”) to construct a project in or near a state highway right-of-way. INDOT provides several handbooks and guidance documents instructing developers on how to obtain the necessary permits, and the requirements projects must meet.

State Highway Right-of-Way Process

3-IN-c.1 – Right-of-Way Permit Application

Any developer seeking to construct transmission lines or any project within a state highway right-of-way must submit a Right-of-Way Permit Application (“Application”) using the Electronic Permit System (“EPS”) or by submitting the Application in writing to the appropriate INDOT District Permit Manager. A developer can access the EPS by going to the EPS Login Page. The EPS User Manual provides developers with instructions on how to navigate the EPS and how to submit the required information. The developer also pays a fee along with the application. INDOT Utility Accommodation Policy.

The developer must submit four (4) copies of the Application, each with original signatures. INDOT Permits Webpage. The Application must include the project’s location, the description of the project, and a statement about the project’s purpose.

3-IN-c.2 to 3-IN-c.3 – Review Application Materials for Completeness

After receiving an Application, INDOT reviews the Application for administrative and technical completeness. If the Application is incomplete, INDOT requests the missing information from the developer.

3-IN-c.4 – Does INDOT Approve the Permit?

After receiving an Application, INDOT makes a determination to approve the Permit. INDOT reviews the Application to ensure compliance with the INDOT Utility Accommodation Policy, and any other applicable requirements. INDOT may deny any Application that does not conform to the INDOT Utility Accommodation Policy, or any other applicable requirements. Also, INDOT may deny an Application if the developer has a history of noncompliance with regulations, rules, standards, policies or any other applicable requirements. If INDOT denies an Application for any reason, a written explanation will be provided. INDOT Utility Accommodation Policy. INDOT considers whether the developer has obtained all necessary authorizations from local authorities, and whether the developer is complying with all applicable laws. Right-of-Way Permit General Provisions.

3-IN-c.5 to 3-IN-c.6 – Does INDOT Require a Permit Bond?

If INDOT approves a Permit, a Permit bond is generally required. The developer must pay this bond in order to begin construction. INDOT Utility Accommodation Policy.

3-IN-c.7 – Give Notice of Decision

After issuing a Permit, INDOT provides written notice of its decision. This notice must be provided to:

  • Each person to whom the order is specifically directed;
  • Each person to whom a law requires notice to be given;
  • Each person who has provided INDOT with a written request for notification of the order, if the request:
    • Describes the subject of the order with reasonable particularity; and
    • Is delivered to INDOT at least seven (7) days before the day the notice is given;
  • Each person who has a substantial and direct proprietary interest in the subject of the order; and
  • Each person whose absence as a party in the proceeding concerning the order would deny another party complete relief.

Ind. Code § 4-21.5-3-5(b).

The INDOT notice must include:

  • A brief description of the order;
  • A brief explanation of the available procedures and the time limit for seeking administrative review;
  • A brief a explanation of how the person may obtain notices of any prehearing conferences, preliminary hearings, hearings, stays, and any orders disposing of the proceedings without intervening in the proceeding; and
  • Any other information required by law.

Ind. Code § 4-21.5-3-5(c).

3-IN-c.8 – Right-of-Way Permit

Once INDOT approves the Application and the developer pays the Permit bond (if applicable), INDOT issues a Right-of-Way Permit for the developer, allowing the developer to construct the project in the specified highway right-of-way. INDOT Utility Accommodation Policy.

The developer must keep the Permit along with any drawings and special provisions in its possession during all work operations, in order to present the Permit to any requesting police officer or authorized INDOT employee. Right-of-Way Permit General Provisions.

The Permit is subject to the Right-of-Way Permit Special Provisions.

The Permit may be rescinded at any time at INDOT’s discretion, or for noncompliance with any or all of the provisions of the Permit. Right-of-Way Permit General Provisions.

3-IN-c.9 – Appeal Decision

After a determination is made by INDOT, those persons seeking an appeal must do so within fifteen (15) days after receiving notice of the decision. Ind. Code § 4-21.5-3-5(f). Appeals must be submitted to INDOT. If a timely request is made, an administrative law judge conducts an adjudicative proceeding as soon as practicable. At the end of the appeal, INDOT makes a final determination on the proposed Permit.

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Contact Information

Edit Indiana Department of Transportation
Utilities and Railroad Director (317) 232-5081 mjett@indotabbazabbainabbazabbagov Visit Website