Section 105IAC5-4-1. Submission of verified petition for relief from statutory track clearance requirements

   Before any railroad carrier, or any party, person, association, municipality, or private corporation (hereinafter "petitioner") builds, maintains, alters, or rebuilds a structure, or any part thereof, which will have less lateral or vertical clearance distance than provided for by chapter 118 of the Acts of the Indiana general assembly of 1907, as amended, as found at IC 8-8-1-11 through IC 8-8-1-12 (hereinafter the "Act"), a verified petition setting forth the clearance distances requested (hereinafter the "petition") shall be submitted to the department of transportation (hereinafter the "department"). (Indiana Department of Transportation; 105 IAC 5-4-1; filed May 7, 1982, 2:05 p.m.: 5 IR 1179; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2219; 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 Transportation (100 IAC 6-4-1) to Indiana Department of Transportation (105 IAC 5-4-1) by P.L.112-1989, SECTION 5, effective July 1, 1989.