Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 12. (a) Construction and maintenance operations must be planned to reduce closing intersecting streets, road approaches, traffic lanes, or other access points. Construction operations, which interfere with traffic, are not permitted during periods of peak traffic flow. Under the INDOT Design Manual, Chapter 503*, effective January 1, 2013, a traffic control plan must be prepared and submitted with the permit application.

(b) The operator shall maintain a safe work site at all times, secured against any safety hazard to the public at all times, until the work is completed. All pipe, conduit, wire, poles, crossarms, or other materials located within the right-of-way before installation must be placed outside any ditches and at least thirty (30) feet beyond the edge of the traveled way or behind existing guard rails. The department may require construction or maintenance operations on the department's right-of-way to be discontinued during periods of inclement weather or when soil conditions cause the work to result in extensive damage to the right-of-way or creates an unsafe traveling condition.

(c) The operator shall make every effort to minimize the areas disturbed by the work conducted. The operator shall promptly restore those areas disturbed to their original or better condition before the work conducted. Restoration of disturbed areas must comply with the requirements of the approved work plan and the terms and conditions of the permit.

(d) The operator shall maintain existing drainage patterns during the installation, maintenance, or removal of their facilities. Trenches and bore pits for underground facility installations must be backfilled. Outlets or under drains may be installed as needed to avoid entrapped water.

(e) The operator shall contact the Indiana Underground Plant Protection Service two (2) days before any excavation or survey so that underground utilities may be located and marked.

(f) Facilities must be maintained in good repair both structurally and aesthetically.

(g) A permit is required for the trimming, cutting, spraying, or removal of trees, shrubs, or other vegetation located within the right-of-way, and these activities may not occur without the specific written permission of the department. Tree removal includes removing the stump and backfilling the hole. Debris, refuse, and waste must be removed from the right-of-way as follows:

1. (1) The work consists of clearing, grubbing, removal, and disposal of all vegetation and debris within the construction limits as shown on the plans, except objects designated to remain. If no construction limits are shown, the right-of-way and easement areas will be the construction limits. Work must include the preservation from injury or defacement of the vegetation and objects designated to remain.
2. (2) Trees, shrubs, plants, seeded or sodded shoulders, slopes, or other items to remain must be designated and preserved. The areas outside the construction limits must remain in their original condition. Damage to natural terrain, vegetation, objects designated to remain, or areas outside the construction limits that have later eroded or been damaged must be repaired to their original or better condition or replaced.

(h) The applicant shall obtain the required environmental permits to support installing or relocating its facilities. The applicant shall carry out erosion control, sediment control, and storm water management measures under the Indiana Storm Water Management Field Guide*, effective January 1, 2018, and the Indiana Design Manual Chapter 205*, effective January 1, 2013. These measures shall be carried out both during and after work operations until replacement vegetation is established or the area is disturbed by another party.

(i) If an emergency that requires access to the site is not covered under an issued permit, notice shall be given telephonically to the department at 1 (855) 463-6848 within one (1) hour after accessing the site. If a live departmental employee is not available, a telephonic or voicemail message will be enough notice. Within five (5) business days after the emergency, the operator shall submit a permit application for the work performed and for any work yet to be completed within the site. The operator shall ensure proper maintenance of traffic controls is followed.

(j) Before entering the site, the operator shall apply for a broadband access permit each time it enters the site, including for routine maintenance, construction, and repair activities.

*These documents are incorporated by reference. Copies of the Design Manual can be found at https://www.in.gov/indot/design-manual/. Copies of the Design Manual and the INDOT Storm Water Management Field Guide may be obtained at the Indiana Department of Transportation, 100 North Senate Avenue, Room N730, Indianapolis, IN 46204.

(Indiana Department of Transportation; 105 IAC 16.5-1-12; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)