Authority: IC 9-21-19-2

Affected: IC 8-23-6-6

Sec. 4. (a) The types of permits for constructing a field entrance or driveway connecting with a state highway, in either a rural or an urban area, are required as follows:

1. (1) A major commercial driveway permit is required for any change to an existing access, approach, or crossover, or the construction of a new access, approach, or crossover, that:

   1. (A) connects the highway to private property used for commercial purposes or a public property; and

   2. (B) attracts enough traffic to require:

      1. (i) at least one (1) auxiliary lane; or
      2. (ii) any other improvement or modification to department infrastructure;
2. as determined by the department. A major commercial driveway may be designated as either a Class III or IV driveway approach.

3. (2) A minor commercial driveway permit is required for any change to an existing access, approach, or crossover, or the construction of a new access, approach, or crossover, that:

   1. (A) connects the highway to private property used for commercial purposes or a public property; and

   2. (B) does not attract enough traffic to require:

      1. (i) an auxiliary lane; or
      2. (ii) any other improvement or modification to department infrastructure;
4. as determined by the department. A minor commercial driveway may be designated as either a Class III or IV driveway approach.

5. (3) A sub-minor commercial driveway permit shall be required for any change to an existing access, approach, or crossover, or the construction of a new access, approach, or crossover that:

   1. (A) connects the highway to private property used for commercial purposes; and
   2. (B) does not attract more than twenty-five (25) vehicles a day, as determined by the department.
6. A sub-minor commercial driveway may be designated as either a Class I, II, III, or IV driveway approach.

7. (4) A private driveway permit is required for any change to an existing access, approach, or crossover, or the construction of a new access, approach, or crossover that:

   1. (A) connects the highway to private property that:

      1. (i) has a residence, barn, or private garage in improved or unimproved condition; or
      2. (ii) is vacant, in an unimproved condition, or a farm field; and

   2. (B) is ordinarily used only by:

      1. (i) the owner or occupant of the premises;
      2. (ii) guests; and
      3. (iii) necessary service vehicles.
8. A private driveway may be designated as either a Class I, II, or V driveway approach.

(b) The types of permits for constructing an approach connecting a state highway to a public right-of-way in the form of a city street or county roadway are required as follows:

1. (1) A major public road approach permit is required if the approach attracts enough traffic to require:

   1. (A) at least one (1) auxiliary lane; or
   2. (B) any other improvement or modification to department infrastructure;
2. as determined by the department.

3. (2) A minor public road approach permit is required if the approach does not attract enough traffic to require:

   1. (A) at least one (1) auxiliary lane; or
   2. (B) any other improvement or modification to department infrastructure;
4. as determined by the department.

(c) A miscellaneous permit is required for any activity on a state right-of-way not covered by other permits.

(d) A railroad crossing closure permit is required for work performed in a state right-of-way where a railroad is located, but the work is not being performed on the rail line.

(e) A right-of-way occupancy permit is required for any work, either above or below ground, within or possibly impacting the state right-of-way.

(Indiana Department of Transportation; 105 IAC 7-1-4; filed Aug 2, 1985, 3:39 p.m.: 8 IR 1705; 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; readopted filed Oct 4, 2019, 10:07 a.m.: 20191030-IR-105190413RFA; filed May 16, 2025, 10:53 a.m.: 20250611-IR-105250064FRA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: Transferred from Department of Highways (120 IAC 2-1-3.1) to Indiana Department of Transportation (105 IAC 7-1-4) by P.L.112-1989, SECTION 5, effective July 1, 1989.