RULE 001.01.99-001 - Outdoor Advertising

RULE 001.01.99-001. Outdoor Advertising

PREFACE

These regulations have been established by the Arkansas Highway Department as authorized by Arkansas Act 640 of 1967 and Highway Commission Minute Order No. 72-6 for compliance with Section 131 (d) of Title 23, U.S.C. to promote the reasonable, orderly, and efficient display of outdoor advertising while remaining consistent with National and State policies to protect the public interest in the Interstate and Federal-aid Primary Highways; to promote the safety and recreational value of public travel; and to preserve the natural beauty of the State of Arkansas.

ARKANSAS STATE HIGHWAY DEPARTMENT

MINUTE ORDER

WHEREAS, Article I of Act 640 of the Acts of the General Assembly for the year of 1967 directs the Arkansas State Highway Commission to promulgate rules and regulations governing the erection of outdoor advertising signs, display and devices along the National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway System; and

WHEREAS, the Arkansas State Highway Commission and the United States Secretary of Transportation have entered into an Agreement pursuant to said Act 640 of 1967 whereby the criteria for the erection of outdoor advertising signs, displays and devices along the National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway System have been established;

NOW, THEREFORE, no outdoor advertising signs, displays or devices shall be erected within 660 feet of any National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway System except by permit.

The Director of the Arkansas State Highway Department is hereby authorized to issue permits for the installation of outdoor advertising structures or devices within 660 feet of the National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway System in conformity with Act 640 of the Acts of the General Assembly of the State of Arkansas for the year of 1967 and the Agreement between the Arkansas State Highway Commission and the United States Secretary of Transportation dated the 24th day of January, 1972.

The charge for the issuance of permits shall be Forty Dollars ($40.00).

AGREEMENT

FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR ADVERTISING IN AREAS ADJACENT TO NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM.

THIS AGREEMENT made and entered Into this 24th day of January, 1972 by and between the Secretary of Transportation acting by and through the Federal Highway Administrator and the Arkansas Highway Commission, represented by the Director of the Arkansas Highway Department.

WHEREAS, Congress has declared that outdoor advertising in areas adjacent to the Interstate and Federal-aid Primary Systems should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel and to preserve natural beauty; and,

WHEREAS, Section 131 (d) of Title 23, United States Code authorizes the Secretary of Transportation to enter into agreements with the several States to determine the size, lighting, and spacing of signs, displays, and devices, consistent with customary use, which may be erected and maintained within 660 feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and Federal-aid Primary Systems which are zoned industrial or commercial under authority of State law or in unzoned commercial or industrial areas, also to be determined by agreement; and.

WHEREAS, by passage of Act No. 640 by the 1967 Arkansas Legislature, the Arkansas Highway Commission, tinder Section 8 of said Act, has been authorized to enter into agreement with the Secretary for the purpose of controlling the erection and maintenance of outdoor advertising in areas of the FAI and FAP Systems in Arkansas and to take action in the name of the State to comply with such agreement; and,

WHEREAS, the purpose of said agreement is to promote the reasonable, orderly, and effective display of outdoor advertising while remaining consistent with the National policy to protect the public investment in the Interstate and Federal-aid Primary Highways, to promote the safety and recreational value of public travel and to preserve natural beauty; and,

WHEREAS, the State of Arkansas desires to implement and carry out the provisions of Section 131 of Title 23, United States Code, and the National policy in order to remain eligible to receive the full amount of all Federal-aid highway funds to be apportioned to Arkansas on or after January 1, 1968, under Section 104 of Title 23, United States Code.

NOW, THEREFORE, the parties hereto do mutually agree to the following:

I. DEFINITION:

For purposes of making these determinations, the following definitions apply:

A. Sign means an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the Interstate or Federal-aid Primary Highway.

B. Traveled way means the portion of the roadway for the movement of vehicles, exclusive of shoulders.

C. Main traveled way means the through traffic lanes exclusive of frontage roads, auxiliary lanes, and ramps.

D. Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a sign but excluding customary maintenance or repair and the activities incident to the change of advertising messages on established signs or sign structures.

E. The term "Act" means Section 131 of Title 23, United States Code (1965) commonly referred to as Title I of the Highway Beautification Act of 1965.

F. Commercial or industrial activities mean those activities generally recognized as commercial or industrial by public zoning authorities in Arkansas, except that none of the following activities shall be considered commercial or industrial:

1. Outdoor advertising structures.

2. Agricultural, forestry, grazing, farming, and similar activities, including, but not limited to, wayside fresh produce stands.

3. Transient or temporary activities.

4. Activities not visible from the main traveled way.

5. Activities more than 660 feet from the nearest edge of the right-of-way.

6. Activities conducted in a building principally used as a residence.

7. Railroad tracks and minor sidings, except in the area of a permanent facility for loading and unloading trains.

G. Zoned commercial or industrial areas mean those areas which are zoned commercial, or industrial by a recognized public zoning authority.

H. Unzoned commercial, business, or industrial areas means the. land occupied by the regularly used building, parking lot, and storage or processing area of a commercial, business, or industrial activity, and that land within 600 feet thereof on both sides of the highway. The unzoned land shall not include;

1. Land on the opposite side of an interstate or primary freeway highway from an unzoned commercial, business, or industrial area, as defined above.

2. Land predominantly used for residential purposes.

3. Land zoned by state or local law, regulation, or ordinance.

4. Land on the opposite side of a non-freeway primary highway which is deemed scenic by the State Highway Department.

I. Municipalities means those incorporated areas defined by an established city limits.

J. Auxiliary Lane means that portion of the roadway adjoining the traveled way for speed change, turning or for other purposes supplementary to through traffic movement. (Auxiliary lanes shall include, but not be limited to, acceleration and deceleration lanes, turning lanes and climbing lanes.)

K. Ramps shall mean a turning roadway, not adjoining the traveled way, and connecting two or more legs of an intersection or interchange and shall be that section between gores, beginning and ending of auxiliary lanes, and terminal connection with an intersecting roadway or combination thereof.

L. Freeway means a divided arterial highway for through traffic with full control of access.

II SCOPE OF AGREEMENT

This agreement shall cover the determination of standards and criteria for size, lighting, and spacing of signs permitted in zoned or unzoned commercial and industrial areas, and the established definition of unzoned industrial and commercial areas for the effective control of the erection and maintenance, along the Interstate System and the FAP System in the State of Arkansas, of outdoor advertising signs which are within 660 feet of the nearest edge of the right-of-way and visible from the main traveled way of the systems; and,

Those determinations set forth in this agreement have been established with consideration to the customary use in the outdoor advertising industry in Arkansas and are no more restrictive than that required by Title 23, United States Code and do not apply to (a) on premise advertising, official and directional signs, identification markers as permitted under Section 131 (c) of Title 23, United States Code and Subsections 5 c, d, and e of the Arkansas Act 640; (b) all outdoor advertising signs legally erected and maintained, in zoned and unzoned commercial and industrial areas established by this agreement, on FAP and FAI Highways prior to the date of enactment of this agreement; (c) outdoor advertising signs legally erected and maintained in zoned or unzoned commercial and industrial areas established by this agreement on highways which become a part of the FAP and FAI System after the date of this agreement.

III. DETERMINATION OF SIGN STANDARDS AND CRITERIA FOR CONTROL OF OUTDOOR ADVERTISING:

A. General The following signs shall not be permitted:

1. Signs which imitate or resemble any official traffic sign, signal, or device.

2. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

3. Signs which are structurally unsafe or in disrepair.

B. Size of Signs

1. A sign structure may consist of two facings so long as only one facing is visible from the approaching traveled way.

2. A sign structure may contain one or two signs per facing and not more than four signs per structure.

3. The maximum area of a single sign on one facing shall be 1,200 square feet and a maximum length of 60 feet and maximum height of 25 feet inclusive of any border and trim but excluding ornamental base or apron supports and other structural members.

4. When two signs are placed on one facing, the maximum area per each sign will be 550 square feet with a maximum combined length of 70 feet and a maximum combined height of 35 feet inclusive of any border and trim but excluding ornamental base or apron supports and other structural members.

5. The length will be measured at the maximum horizontal span including cutouts and trim and will include the space between signs when two signs are placed on one facing-

6. The height shall be measured from the lowest and highest points including cutouts and trim on the sign or two signs, regardless of the facing on which they are located, and shall include the space between signs when one sign is placed over another sign on one facing.

C. Spacing of Signs

1. Interstate and primary highways:

(a) Signs may not be located in such a manner as to obscure, or otherwise interfere with, the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

2. Interstate Highways and Freeways on the Federal-aid Primary System:

(a) No two structures shall be spaced less than 500 feet apart.

(b) In areas outside municipalities, no structure may be located within the area immediately adjacent to an interchange, an auxiliary lane or ramp, and within 500 feet from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.

3. Non-Freeway Federal-aid Primary Routes:

(a) Outside of Municipalities - no two structures shall be spaced less than 300 feet apart.

(b) Inside Municipalities - no two structures shall be spaced less than 100 feet apart.

4. These minimum spacings do not apply to sign structures separated by buildings or other obstructions in such a manner that only one sign structure is visible from the highway at any one time.

5. Explanatory Notes:

(a) Alleys, undeveloped rights-of-way, private roads and driveways shall not be regarded as intersecting streets, roads or highways.

(b) Only roads, streets and highways which enter directly into the main traveled way of the primary highway shall be regarded as intersecting.

(c) Official and "on premise" signs, as defined in Section 131 (t) of Title 23, United States Code, and subsections 5 c, d, and e of the Arkansas Act shall not be counted nor shall measurements be made from them for purposes of determining compliance with these sign spacing requirements.

(d) Outdoor advertising signs legally erected prior to the date of enactment of this agreement will be counted and measurements made from them for purposes of determining the spacing of signs erected after the date of enactment of this agreement.

(e) The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs and each side of the highway will be considered separately.

(e) The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs and each side of the highway will be considered separately.

D. Lighting Signs may be illuminated, subject to the following restrictions:

1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information.

2. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the Interstate or Primary highways and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle are prohibited.

3. No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.

E. Zoning Authority

The State of Arkansas and local political subdivisions shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes and the action of the State and local political subdivisions in this regard will be accepted for the purposes of this agreement. At any time that a political subdivision adopts comprehensive zoning which includes the regulating of the size, lighting, and spacing of outdoor advertising signs within the zoned commercial and industrial areas consistent with the purposes of the Highway Beautification Act of 1965 and with customary use the Arkansas Highway Commission may certify to the Administrator as notice of effective control of signs within the zoned area.

IV. STATE CONTROL

The Arkansas Highway Commission hereby agrees that in accordance with the scope of this agreement,, the Commission shall effectively control, or cause to be controlled, the erection and maintenance of outdoor advertising signs.

V. CONDITIONS

A. It is further agreed that these determinations are based on the contents and requirements of the Highway Beautification Act of 1965 as it exists on this date and that any amendment or interpretation of said Act modifying the requirements for the States will automatically provide the Arkansas State Highway Commission the option of revising this agreement to reflect the latest revisions or interpretations.

B. It is hereby agreed that the State will not be required to remove any tourist-oriented sign, display or device until the Highway Beautification Commission submits its report and recommendation to the Congress of the United States.

C. It is mutually understood that no sign, display, or device will be required to be removed under this agreement if the Federal share of the just compensation to be paid upon removal of such sign, display, or device is not available to make such payment.

VI. EFFECTIVE DATE

This agreement shall become effective on the date that it is approved by the Federal Highway Administrator.

IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed as of the date specified.

January 14, 1972

ARKANSAS STATE HIGHWAY COMMISSION

By Isl Ward Goodman

Director of Highways

Arkansas State Highway Department

January 24, 1972

SECRETARY OF TRANSPORTATION

By /s/ Francis B. Truner

Federal Highway Administrator

HOW TO OBTAIN PERMIT

Permit application may be obtained from any Highway Department Office or from the Enviromental Development Section, Arkansas Highway Department, P.O. Box 2261, Little Rock, Arkansas 72203.

Completed applications for signs in legal zones should be submitted to the Enviromental Development Section, P.O. Box 2261, Little Rock, Arkansas, 72203.

Applications must include a $40 fee for each sign (check or money order, no cash).

Upon application for a permit, the sign owner must arrange with the State Inspector to show the exact location for the proposed device. This may be accomplished by either an on-site visit by the sign owner's representative or by an easily visible stake or marker.

Information will be reviewed and a permit will be issued for signs that comply with all regulations.

If signs do not comply, fees will be returned with a brief explanation concerning the reason for permit refusal.

After 30 days from issuance of permit, the state's Inspector will review the device and if It complies with all regulations, affix a permit decal to the structure,

Signs without decal are not valid.

Permits will expire on December 31 of odd number years (1973 1975 1977, etc.). Renewal applications must be applied for within 30 days of these dates.

REVISED REGULATIONS FOR ISSUANCE OF PERMITS FOR OUTDOOR ADVERTISING DEVICES AND SIGNS

SECTION 1. As used in these regulations the term:

A. "Outdoor advertising device" means any outdoor sign, display, figures, painting, drawing, message, plaque, poster, billboard, or other thing, hereinafter referred to as "device", which is designated, intended, or used to advertise, any part of the advertising of which is visible from any place on the main traveled way of the Interstate, or Primary Highways.

B. "Sign" means an outdoor display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designated, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the Interstate or Federal-aid Primary Highway.

C. 'Agreement" means, the agreement between the Arkansas State Highway Commission and the United States Secretary of Transportation executed on January 24, 1972, pursuant to Article I of Act 640 of the Acts of the 1967 Arkansas General Assembly, which agreement established standards and criteria for size, lighting, and spacing of signs permitted in zoned or unzoned commercial and industrial areas within 660 feet of Interstate or Primary Highways in Arkansas: and which defined unzoned and commercial and industrial areas.

D. "Manual" means the pamphlet published by the Arkansas State Highway Commission setting out and exemplifying the requirements of the Agreement, entitled Regulations for Control of Outdoor Advertising, authorized by Commission Minute Order 72-6, dated January 26, 1972.

E. "Conforming outdoor advertising device" means a device which is in conformity with the requirements of the Act 640.

F. "Nonconforming outdoor advertising device" means a device which does not conform to the requirements of the Act 640.

G. "Illegal outdoor advertising device" means a device erected and/or maintained in violation of the law.

H. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a device or sign or sign structure as defined, by the Agreement, but excluding customary maintenance or repair and the activities incident to the change of advertising messages on established devices or sign structures.

I. "Customary maintenance or repair" The following activities are considered to fall within the meaning of customary maintenance or repair and copy change:

(1) The routine replacing of border and trim as well as repair of structural members and replacing of structural members destroyed by an outside force other than normal deterioration. Re-erection of a device rendered unfunctional within the definition of "device" herein is specifically prohibited as customary maintenance except as provided in the last paragraph of Section 3 herein. The raising or lowering of the height of a sign structure as a result of any repair is specifically prohibited.

(2) Slight temporary alterations of some of the outside dimensions of painted bulletin boards incidental to copy change, which do not substantially increase the overall dimensions of the advertising copy portion of the device.

(3) Any net decrease in the outside dimensions of the advertising copy portion of the device will be permitted. Any subsequent change in the outside dimensions of the panel will be permitted so long as it does not exceed the actual dimensions State and owner records indicate existed when the device was permitted. In no case, however, will legal size limitations be exceeded.

(4) The placing of night time illumination on existing sign structures is specifically prohibited as customary maintenance, except in such cases where the sign owner will sign a waiver of any future compensation as applies to illumination; however, such illumination may be -permanently removed from such sign structure.

J. "Compretiensive zoning" means a zoning plan established by State or local law, regulation or ordinance, which includes regulations consistent with customary use and the provisions of the agreement controlling the erection and maintenance of signs in the zoned areas. Except that, any area determined by the Department to be included in the area of such a zoning plan solely for the purpose of allowing outdoor advertising does not come within this definition.

K. "National Standards" means those standards promulgated by the Secretary of Transportation and published in 23 CFR 21 setting standards for regulation of State of Directional and other Official Signs adjacent to the National System of Interstate and Defense Highways.

L. "Tri-Vision sign" means a single face sign having a series of three-sided, vertical slats arranged side by side which are rotated in the same direction, simultaneously, by an electric-mechanical process displaying a total of three separate and distinct messages, one message at a time. Tri-Vision signs are to approved by permit prior to installation and are subject to the following:

(1) The slat twirl time shall be two (2) seconds or less.

(2) The slat dwell time shall be eight (8) seconds or more.

(3) Tri-Vision signs shall contain a default design that will freeze the sign in one position if a malfunction occurs.

(4) Tri-Vision signs shall comply with all other requirements of Federal and State Highway Beautification laws and regulations.

SECTION 2.

On or after October 1, 1972, any existing device within 660 feet of the nearest right of way limit of any Interstate or Primary highway must have a permit issued by the Arkansas State Highway Department evidenced by a permit marker affixed to a post or member supporting the device. Permits shall not be required for signs exempt under Par. 6 of these regulations.

SECTION 3. Permits shall be issued in two classes, as follows:

Class A Permits valid for 2 years for conforming devices and for any alternation thereof which is not customary maintenance. Class A Permits are granted upon condition that the permitted device will be removed at the owner's expense should its location either now or at any future date violate any provisions of Act 640 of the General Assembly of Arkansas for the year 1967, or rules and regulations promulgated pursuant thereto. Nothing in this regulation is intended to require the removal of signs at the owner's expense for which Act 640 of 1967 provides that just compensation be paid.

Class B Permits for the maintenance of existing nonconforming devices until they are required to be removed under the provisions of Article 1, Section 7, or Act 640 of 1967, are valid for 2 years or the time of removal, whichever comes first. Issuance of a permit for an existing nonconforming device shall not be considered to be a determination of the eligibility and entitlement, or non-eligibility of the device for compensation if the device is later required by law to be removed.

Devices for which a permit has been issued are subject to customary maintenance or repair as defined herein, but re-erection of a device rendered unfunctional is specifically, prohibited on any nonconforming device erected after the effective date of Act 640. New permits will be issued to re-erect conforming devices rendered unfunctional and to re-erect those nonconforming devices rendered unfunctional which were erected prior to the effective date of the Act, or those in existence along secondary highways added to the primary system.

(10/19/1999)

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