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Enforcement of Scenic Byway Laws, Rules, and Policy

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The Law . . .

  23 US Code 131(s)  provides that if a State has a scenic byway program, the State may not allow the erection along any highway on the Interstate System or Federal-aid primary system which before, on, or after the effective date of this subsection, is designated as a scenic byway under such program of any sign, display, or device which is not in conformance with subsection 131(c). Indiana HAS such a program.

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The RULE . . .

 In accordance with 23 US Code 131(s), INDOT . . .

  Must withhold the issuance of permits for new signs on Interstate and primary highways that are designated a scenic byway under the State's program. This includes the prohibition of new signs in zoned or un-zoned commercial and industrial areas adjacent to designated scenic byways.

FHWA Implementing Guidance recommends that states with a byway program should consider withholding permits for signs on routes under consideration as a designated Interstate or primary scenic byway until a final determination has been made.

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The POLICY . . .

 During the period in which a nominated highway is under consideration, INDOT will continue to accept and process applications for Outdoor Advertising Permits.

 HOWEVER, once designated a State Scenic Byway, no new structures will be allowed to be erected – permit granted or not.

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POLICY (continued)

 No clearly-defined time frame for designation of scenic byways.

 Indiana’s Historic Pathways Scenic Byway took 5-years from State designation to acceptance by USDOT and placement on Federal list of Scenic Byways.

 To achieve State designation will more likely take months rather than years . . .

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POLICY (continued)

 Applicants will be taking a significant risk when they submit applications for Outdoor Advertising Permits during the period from nomination by local committee to designation as State Scenic Byway by INDOT Commissioner with concurrence of the Lt Governor.

 The structure must be advertising-copy-ready by the date that State Designation is made or permit will be revoked and unfinished structure must be removed at company’s expense.

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POLICY (continued)

   While 23 US Code 131(s) allows for segmentation, the portion removed may not be segmented out solely for the erection of Outdoor Advertising.

The INDOT Review Committee has no plan to initiate any aspect of segmentation.

Best approach: If the desired byway route is NOT on a control route, it is not subject to INDOT restrictions . . . Local rule will apply.

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 

Who Enforces the Laws, Rules, Etc?

If the proposed sign location lies along or within sight of (and is intended to be read from) an Outdoor Advertising Control Route, then INDOT is responsible for enforcing 23 US Code 131(s).

If the proposed sign location does NOT lie along or within sight of a control route, then it the responsibility of the local jurisdiction(s) to establish control policy and ordinances and then enforce those rules/ordinances.

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Historic Michigan Road

 Proposed byways such as the Historic Michigan Road create an interesting situation.

 Combination of Control Route and NON controlled highway.

 Good example is where old US-40 (Washington St) crosses I-65 in Indianapolis. This is NOT a control route, but I-65 IS. In this case, NO new advertising may go up along I-65 660’ either side of the I-65 bridge over Washington.

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QUESTIONS ? ? ?

   I can field questions now, or By phone at 317-234-6203, or Via email at [email protected]

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