NAHBA CONFERENCE 2006 Illegal Sign Removal

What makes a sign illegal Federal Law – Requires the States to create and enforce regulations regarding outdoor advertising device control – State regulations must implement federal requirements – Only a State can violate Federal Law

Identifying Illegal Advertising Devices Federal Law Requirements – Controlled Route – Inside or Outside Urban Areas – Commercially or Industrially Zoned or Unzoned Area – Size, lighting and spacing requirements as established in the state/federal agreement – Message Content

Federal Law Requirements Must be on a controlled route – Interstate System – Federal Aid Primary as it existed on June 30, 1991 – National Highway System – Routes on these systems designated as Scenic

Federal Law Requirements Inside or Outside Urban Areas (Controlled Areas) – Inside an urban area (as defined by latest census data), out to 660 feet – Outside an urban area, as far as can be seen (Includes area within R/W)

Federal Law Requirements Commercially or Industrially Zoned or Unzoned Commercial or Industrial Area – Unzoned commercial or industrial area is defined by the state – Cannot not be zoned agricultural, residential, etc. but used as industrial

Federal Law Requirements Size, lighting and spacing requirements as established in the state/federal agreement

Federal Law Requirements Message Content – On premise vs. Off premise – Illegal Activities at the location of the sign – Oregon and California recent case law

Federal Law Non-conforming Advertising Devices – Non-conforming devices that lose their non- conforming status become illegal devices – Devices lose their non-conforming status when they become obsolete, abandoned, or destroyed, except by vandalism or other tortuous acts

What Makes a Sign Illegal State Law - State law can be more restricting than federal law Individual state/federal agreements – Dictates the size, lighting and spacing requirements – Specifies permitting requirements

How to monitor illegal advertising devices State permit processes – Differs from state to state – Off premise permits – On premise permits – Keeps record of all the permitted devices within the states’ jurisdiction

How to monitor illegal advertising devices Record Keeping of Suspected Illegal Advertising Devices – Observe from the field the controlled routes – Investigate any suspected illegal devices – Pursue and remove any identified illegal advertising device

How to Remove Illegal Signs Must bring into compliance with current federal and state requirements. – Receive a permit if eligible – Remove

What’s Working Education: Nebraska and Montana both educate the districts, businesses and chambers of commerce about their program Letters: ODOT, Washington, New York, Iowa and South Dakota have seen letters work well. Verbal Contact: ODOT, Iowa and South Dakota have had success with verbally contacting sign owners. Courts: ODOT, Washington, West Virginia, South Dakota, New York, Iowa and Maine have utilized the court systems for compliance. Penalties: Utah

What’s Not Working Lack of knowledge of program Administration changes Verbal contact Workload, Man/Woman power Lack of DOT priority Poorly Defined statues on on-premise signs Defenses

What’s Not Working Typical Defenses – Uncontrolled Route – Outside of State’s Jurisdiction – On Premise

On Premise Defense