Obstruction of view; trimming and maintaining; application of law
Sec. 1. (a) This chapter:
(1) does not apply to:
(A) a highway intersection located within a city or town; or
(B) a building of a substantial character that is located at the
intersection of highways; and
(2) except for the provisions of this chapter concerning hedge
fences, applies only to the intersection of a state highway with
another state highway, a county highway, or a township
highway.
(b) Except as provided in subsection (c), the owner of a hedge or
live fence along the line of a highway shall cut and trim down the
hedge or live fence to a height of not more than five (5) feet once in
each calendar year.
(c) This subsection applies if a hedge, live fence, or natural
growth other than a tree connects with or is found at a highway
intersection, adjacent to a curve where the view of the highway may
be obstructed, or at a railway right-of-way. The owner of a hedge,
live fence, or other growth to which this subsection applies shall trim
and maintain the hedge, live fence, or other growth at a height of not
more than five (5) feet above the level of the center of the traveled
road bed in the highway that adjoins the hedge, live fence, or other
growth:
(1) throughout the year;
(2) for a distance of:
(A) one hundred (100) feet, if the obstruction is a hedge or
live fence; or
(B) fifty (50) feet, if the obstruction consists of any other
natural growths; and
(3) beginning at the intersection of the highway and continuing
along the lines dividing the highways and the adjoining
property.
(d) This subsection applies to a tree growing within fifty (50) feet
of the intersection of a highway with:
(1) another highway; or
(2) a steam or interurban railroad.
The owner of a tree to which this subsection applies shall trim the
tree so that the view at the intersection is not obstructed.
(e) Except for a natural elevation of land, an obstruction to the
view at the intersection of a highway with another highway or a
steam or interurban railroad that exceeds a height of five (5) feet
above the center of the highway may not be maintained at the
intersection.
(f) After May 22, 1933, a building may not be erected within fifty
(50) feet of an intersection to which this chapter applies.
As added by P.L.2-2002, SEC.11.
Last modified: May 24, 2006