Section 105IAC7-2-2. Documentation of approaches; corrective action required

   The department shall control access along highways through inspection and by properly documenting planned and existing approaches for driveways and pedestrian walkways. Any construction, reconstruction, alteration, or modification to an approach by person(s) other than the department shall be administered through 120 IAC 2 [this article], Permits. Existing approaches, which may be in either a complete or incomplete condition and that have not been reviewed and authorized by the department, shall be considered unauthorized, undocumented and subject to corrective action. Existing approaches which were originally authorized by the department but which have become substandard for any reason, such as a change in land use that adversely affects traffic patterns, shall also be considered unauthorized, undocumented and subject to corrective action.

  The permit process shall be the normal means of taking corrective action. The property owner(s) and/or the person(s) responsible for an unauthorized approach shall make application for a written permit. All remedies available through the permit process shall be used to obtain full compliance of work on the approach.

  Under circumstances where the department is unable to obtain the cooperation of the property owner(s) and/or the person(s) responsible for an unauthorized approach through the permit process, corrective action will be taken in accordance with procedures contained in 120 IAC 2-2 [this rule]. (Indiana Department of Transportation; 105 IAC 7-2-2; filed Aug 2, 1985, 3:39 p.m.: 8 IR 1712; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Highways (120 IAC 2-2-2) to Indiana Department of Transportation (105 IAC 7-2-2) by P.L.112-1989, SECTION 5, effective July 1, 1989.