(1) No private use of non-controlled access highway right-of-way shall be allowed, except as specified below:

(a) Overhanging Encroachments - Private advertising signs, eaves, marquees and similar devices may overhang the right-of-way, provided:

(i) The overhanging device is within an incorporated city, or is under the jurisdiction of another local unit of government which has ordinance or regulations allowing such overhang, and the overhanging device is in compliance with such ordinances or regulations.

(ii) The overhanging device does not conflict with, or interfere with, traffic control signs, signals, or other devices, or with highway construction or maintenance operation, or with the public's use of the right-of-way.

(iii) Ground-mounted structures supporting the overhanging device must be located entirely off the public right-ofway.

(iv) The outermost portion of the overhanging device must be at least two (2) feet behind the curb or curbline in horizontal distance, and at least seven and one-half (7 1/2) feet above the top of the curb, sidewalk, or roadway shoulder elevation in vertical distance.

(b) Underground Encroachments - Private underground facilities such as vaults, access and transportation tunnels, and sidewalk freight entrances may be allowed within the public right-of-way, provided:

(i) The underground facility is located within an incorporated city, or is under the jurisdiction of another local unit of government which allows such use under promulgated ordinances or regulations, or by special agreements.

(ii) The underground facility is in compliance with such ordinances, regulations, or special agreements.

(iii) The ordinance, regulation, or special agreement allowing such underground use of the public right-of-way contains a revocation clause requiring that the owner shall either remove the encroaching facility at his sole expense, or pay any difference in costs of construction upon receiving appropriate notice that removal or adjustment is deemed necessary and must be accomplished.

(iv) The facility does not incommode or interfere with highway construction or maintenance operations, or with the use of the right-of-way by the traveling public.

(c) Above-Ground Use and Maintenance of Area Adjacent to Traveled Way - Private non-commercial use and maintenance of the area between the property line and the curb line by abutting property owners for planting trees, shrubs, grass and similar uses may be allowed, provided:

(i) Such use is generally allowed within the city or other area under the jurisdiction of a local unit of government.

(ii) The use is not commercial or for profit and does not incommode or interfere with highway construction or main- tenance operations, or with the public use of the right-of-way.

(iii) Such trees, shrubs, or other vegetation are of species that will not injure the street, curbs, or sidewalks.

(iv) Such use complies with applicable safety policies or standards adopted and promulgated by the American Association of the State Highway and Transportation officials.

(v) Additional desired objectives are:

(A) Such plantings should be sufficiently deep-rooted to prevent injury to sidewalks and curbs.

(B) Trees should not be allowed in areas where the posted speed limit exceeds twenty-five (25) miles per hour.

(C) The diameter of tree trunks should not exceed six (6) inches when measured at a point two (2) feet above the base of the tree at ground level.

(D) Trees should be pruned or trimmed so that they will not obscure traffic signs and signals nor overhang the traveled way below an elevation of thirteen feet, eight inches (13 ft., 8 in.) above the traveled way of the highway.

(E) Bushes and shrubs should not be allowed in areas where the posted speed limit exceeds thirty-five (35) miles per hour.

(F) Bushes and shrubs should not exceed eighteen (18) inches in height in the vicinity of intersections, railroad grade crossings, or in other areas where unimpaired lateral sight distance is an important consideration.

(G) Bushes and shrubs should be maintained so they do not overhang curbs or sidewalks.

(d) Mail boxes and newspaper deliver boxes that comply with the rules in this sub-chapter.