Indiana Administrative Code
Title 170 - INDIANA UTILITY REGULATORY COMMISSION
Article 4 - ELECTRIC UTILITIES
Rule 9 - Vegetation Management Standards
Section 9-3 - Easements and rights of way
Universal Citation: 170 IN Admin Code 9-3
Current through September 18, 2024
Authority: IC 8-1-1-3; IC 8-1-2-4; IC 8-1.5-3-8
Affected: IC 8-1-2
Sec. 3.
(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.
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