Section 170IAC4-9-3. Easements and rights of way

   (a) This rule does not modify property rights. Utilities must have or obtain the following legal authority and must provide documentation in accordance with subsection (b):

(1) easements;

(2) rights of way;

(3) statutory authority;

(4) other legal authority; or

(5) the express or implied consent of the property owner or customer;

prior to trimming vegetation. The utility's ability to secure a prescriptive easement may be presented to the customer to obtain consent, but is not independent legal authority.

  (b) Upon request by the customer within five (5) business days of the customer's receipt of the notice required under section 4 of this rule, the utility will provide one (1) of the following prior to vegetation management:

(1) A copy of the easement or public right of way document that gives the utility the legal right to enter the customer's property to perform vegetation management.

(2) If an easement or public right of way document is not reasonably available, a copy of the authority that gives the utility the legal right to enter the customer's property to perform vegetation management.

(Indiana Utility Regulatory Commission; 170 IAC 4-9-3; filed Sep 27, 2012, 2:09 p.m.: 20121024-IR-170120042FRA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA)