Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 5 - RAILROADS
Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements
Section 4-5 - Basis for granting requested relief

Authority: IC 8-8-1-12; IC 8-23-2-6

Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4

Sec. 5.

The department will decide whether to grant relief from the statutory track clearance requirements within sixty (60) days of the petition's filing. The decision of the department with respect to reduction of a statutorily required clearance distance shall be based upon the necessity for such relief and whether the clearance area may be safely utilized if such relief is granted.

Transferred from Department of Transportation ( 100 IAC 6-4-5 ) to Indiana Department of Transportation ( 105 IAC 5-4-5 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.