INDOT, Monroe County battle over I-69 construction noise

Complaints of beeping backup warning alarms and roaring heavy equipment at all hours of the night got so bad on the I-69 project that Monroe County officials late last month said enough was enough.

The County Commissioners passed a noise ordinance that members hoped would force state highway crews to keep it down between 10 p.m. and 6 a.m.

But that didn’t sit well with state highway officials, who are behind schedule on the fourth section of the interstate. The section runs through Greene County to Bloomington — and right next to the homes of some of the loudest opponents of the controversial road project.

On Friday, the Indiana Department of Transportation sued Monroe County, alleging the commissioners do not have legal authority to hinder a state and federal highway project by restricting when work can be done.

Equally important, the suit alleges, the ordinance has thrown a monkey wrench into the I-69 project, which is so behind schedule some crews have been forced to work at night to catch up.

“At least one INDOT contractor has threatened to alter its work schedule and cease work during certain hours in reaction to ... the ordinance,” reads the complaint filed in Marion Superior Court. “By causing an increase to the time need (sic) to complete the necessary work, the ordinance forces INDOT to devote personnel to the I-69 project in Monroe County for a longer period, and also divert personnel who could be available for other projects.”

INDOT is asking for a temporary restraining order to override the ordinance, alleging it violates Indiana’s Home Rule Act, which prevents a county from imposing burdens on the agency or regulating matters that fall under INDOT’s purview.

A hearing is scheduled for 1:30 p.m. Wednesday in Marion Superior Civil Court 10.

INDOT spokesman Will Wingfield said $100 million in contracts have been bid to complete Section 4, which would connect the already-built sections from Evansville to Ind. 37 in Bloomington.

Wingfield said contractors already have had to meet noise limits set under the terms of their contracts.

He said the delays caused by the ordinance have so hampered crews, it’s impossible to say when the new stretches of road might be open to traffic.

“Certainly, we won’t be able to put out an updated estimate until this matter is resolved,” Wingfield said.

Under the ordinance, violators can be fined up to $2,500 for a first offense or up to $7,500 for additional violations.

Monroe County officials couldn’t immediately be reached for comment.

Longtime I-69 opponent Thomas Tokarski can see the construction from his property. He said he and others made frequent calls to the sheriff to complain about the nighttime noise.

Tokarski, who has helped file legal challenges to stop the I-69 project over the years, said he sees the request for a restraining order as another example of INDOT bullying him and his neighbors.

“It’s simply not acceptable,” he said. “It’s a complete lack of consideration for the lives of people who live out here. You would not believe the noise that goes on at night. All night long when they’re working like that. You cannot sleep.”

Call Star reporter Ryan Sabalow at (317) 444-6179. Follow him on Twitter: @ryansabalow.