Outdoor Advertising Control Technical Council Joyce Musick, Outdoor Advertising Manager Missouri Department of Transportation

Destroyed Sign Guidance FHWA Memorandum Issued September 9, 2009 Destroyed means that (a specified percentage*) or more of the upright supports of a sign structure are physically damaged such that normal repair practices would call for: in the case of wooden sign structures, replacement of the broken supports or, in the case of metal sign structures, replacement of at least (a specified percentage**) of the length above ground of each broken, bent or twisted support. In December 2008, the OAC Technical Council developed a draft definition of “destroyed signs”. Upon which, the definition was distributed for comments, and discussed at various meetings and with FHWA division administrators. After extensive consideration and consultation, FHWA provided guidance for use in determining if a state has developed adequate criteria to define a destroyed sign. FHWA staff were asked to review the state’s outdoor advertising rules and regulations regarding destroyed signs and if the criteria was different from the guidance, to ensure that it provides for effective control of destroyed signs. Destroyed sign guidance- Destroyed means that (a specified percentage*) or more of the upright supports of a sign structure are physically damaged such that normal repair practices would call for: in the case of wooden sign structures, replacement of the broken supports or, in the case of metal sign structures, replacement of at least (a specified percentage**) of the length above ground of each broken, bent or twisted support. *A range of 40 to 60% would be considered effective control. **A range of 20 to 30 % would be considered effective control. *A range of 40 to 60% would be considered effective control. **A range of 20 to 30 % would be considered effective control.

The Customary Maintenance Definition Workshop Outlines the purpose and need for the definition. Identifies what customary maintenance includes. Sets forth criteria for when a “substantial change” has occurred, which would terminate nonconforming rights. On November 17 & 18, 2009, nine representatives produced a suggested definition of customary maintenance. The definition -outlines the purpose and need for the definition -identifies what customary maintenance includes, and -sets forth criteria for when a “substantial change” has occurred, which would terminate nonconforming rights. This will provide a foundation so for FHWA to provide guidance to the states as they continue to perform their regulatory oversight of outdoor advertising. The states may consider this guidance as they establish their own criteria for customary maintenance of nonconforming signs. Many states have criteria that is ambiguous and several states lack criteria altogether. Two major issues were considered that are not part of the proposed guidance. -The group recognized that maintenance has a time element. This is left to the states to address in accordance with their statutory authority. -Some states limit repair and maintenance to a percent of the sign value or replacement cost. The group did not include this approach due to the number of factors, the complexity, and subjectivity in arriving at value. In addition, the cost of appraisals is significant. States may continue to use this approach should they choose to.

Next Steps… FHWA has distributed the draft guidance for comments. The draft definition will be discussed at appropriate meetings and with FHWA Division Administrators before guidance is issued. The guidance is intended as a minimum standard for effective control. States may be more restrictive in their own regulations. FHWA has distributed the draft guidance for comments. The draft definition will be discussed at appropriate meetings and with FHWA Division Administrators before guidance is issued. The guidance is intended as a minimum standard for effective control. States may be more restrictive in their own regulations. They anticipate to have the guidance finalized later this year.

FHWA Study Primary Focus is the effect of CEVMS on driver behavior and evaluation of their potential risk to safety. Phase I identified and evaluated the most significant measures and issues involved, and developed research methods needed to secure reliable data information. Phase II is in process. Selected and testing two field drive sites with a number of CEVMS displays, together with standard vinyl billboards and other objects of visual interest. -The study’s primary focus is the effect of CEVMS on driver behavior and evaluation of their potential risk to safety.   Phase I Began in January 2008 and is now complete. Identified and evaluated the most significant measures and issues involved, and developed research methods needed to secure reliable data information.  -Phase II (in process) The Federal Highway Administration, Office of Real Estate Services continues monthly meetings with their contractors to review current status and ensuring that the study proceeds in a timely fashion. Two field drive sites were selected and the FHWA Division offices, as well as state and city officials, were notified of the selection; however the cities are not being identified to the public until field test are completed to protect the integrity of study. The experimental design is complete and field studies at the first site were concluded.  The field studies at site 2 should be completed in early March if the weather permits. Results of the field data are being analyzed and a draft report should be prepared in the next three months. The actual report is scheduled to be released sometime later in 2010. The two chosen sites have a number of CEVMS displays, together with standard vinyl billboards and other objects of visual interest, along two driving routes each approximately 30 minutes in duration. The research participants drive in an FHWA instrument equipped test vehicle. Instrumentation in the test vehicle is capable of measuring eye-glances of the participant drivers, as well as certain vehicle performance parameters. The eye-glance data will permit the researchers to measure the frequency of glances away from the roadway, the percentage of time that the participant drivers looked at the roadway ahead, and the time that the drivers looked at the CEVMS advertising displays, at standard vinyl billboards, and other selected objects. Perspective FHWA will analyze the results of this study to identify subsequent guidance, regulatory changes, or suggested legislative proposals.

Potential OAC Upcoming Topics Nonconforming Signs International Scan Proliferation of signs in un- zoned and zoned commercial and industrial areas At the end of the November workshop on customary maintenance, participants identified other topics in the assessment that might be addressed next. Nonconforming signs are being addressed in part by pilot projects in South Carolina and Florida. There is a need to assess what worked and did not work with these pilots. Interim reports are expected from both states. These reports might lead to opportunities for collaborative efforts in the future about the treatment of nonconforming signs. An international scan that took place in March 2010 might offer innovative ideas about sign control. The results will be available shortly. Another topic is the proliferation of signs in un-zoned and zoned commercial and industrial areas through “sham businesses”. The focus might be the criteria for what constitutes commercial or industrial activity or spot zoning for the purpose of erecting billboards .

OAC Technical Council Members Matt Delong, Michigan delongm@michigan.gov John Garner, Florida john.garner@dot.state.fl.us Janice Gramatins, FHWA janis.gramatins@fhwa.dot.gov Juanice Hagan, Florida juanice.hagan@dot.state.fl.us Jimmy Isonhood, Mississippi jisonhood@mdot.state.ms.us Clyde Johnson, Consultant clydejohnson@comcast.net Amy Joyce, Oregon amy.b.joyce@odot.state.or.us Michael Kirby, Oregon michael.l.kirby@odot.state.or.us Ed Kosola, FHWA edward.kosola@dot.gov Myron Laible, OAAA mlaible@oaaa.org Kerry Yoakum, OAAA kyoakum@oaaa.org Joyce Musick, Missouri joyce.musick@modot.mo.gov Cathy O’Hara, FHWA catherine.o’hara@dot.gov Terri Tabesh, Maryland ttabesh@sha.state.md.us Barbara Wessinger, SC wessingerbm@dot.state.sc.us OAC Technical Council Members and Email Addresses

Questions. Thank You. For more information, contact: Questions? Thank You! For more information, contact: Joyce Musick Missouri Department of Transportation (573) 522-6151 joyce.musick@modot.mo.gov www.modot.mo.gov Questions

Resources FHWA Memo-Destroyed Sign Guidance http://nahba.org/libraryresources/recentnews/ GuidanceDestroyedSign.pdf OAC Workshop Update- Customary Maintenance of Nonconforming Signs http://nahba.org/libraryresources/recentnews/c ustomarymaintenancereport.pdf Resources