1. 2005 NAHBA Conference Manchester, New Hampshire August 28-31, 2005
FHWA News
Becky Bennett Office of Real Estate Services
2005 NAHBA Conference
Manchester, New Hampshire
August 28-31, 2005

2. Outdoor Advertising Control Domestic Scan
July 13-14, 2005, Phoenix, AZ
13 states represented
24 State DOT participants
6 FHWA participants

3. Purpose of OAC Scan Foster Peer-to-Peer Knowledge Exchange
Share best practices
Identify challenges & potential solutions

4. OAC Scan Activities
Breakout Session - OAC implications of mega-retail development
OAC efforts in individual states with FDOT ODA-IMS Demo
Panel - Outsourcing and Non-traditional approaches to OAC
Site visits

5. OAC Implications of Mega-retail Development Breakout Session
HBA Background
States must provide effective control
23 CFR (d) requires State determination of “On Premise Activity”

6. OAC Implications of Mega-retail Development Breakout Session
Definition of Mega-retail:
Developments with multiple uses and/or ownerships and a common scheme of branding or identification of the development itself
Mega-retail Development Examples:
Big box malls
Planned unit developments
Multiple lots or ownerships within single development

7. OAC Implications of Mega-retail Development Breakout Session
Issues to be considered regarding OAC:
Development-Ownership
Nature of the Development
Ownership Status
Zoning

8. How Should Mega-retail Developments Be Treated Under the HBA
How Should Mega-retail Developments Be Treated Under the HBA? Breakout Session
Most said treat as on-premise
Issue of internal roadway remains a problem

9. Mega-retail Developments: Case Study 1
A state proposes a law permitting large “comprehensive developments” separated by a road to advertise businesses on both sides of the road.
The legislation defines as a single "premises" any comprehensive development with a common ownership plan, whereby all owners have the right to use all common areas. Any signs advertising activities conducted within that comprehensive development would be on-premise and exempt from compliance with portions of the HBA.

10. Mega-retail Developments: Case Study 2
A developer plans a development on both sides of an Interstate. The developer wants to erect a sign spanning the Interstate. The sign would carry the name of the development and the names/logos for some of the stores. The take-off and touchdown points for the sign are located outside the right of way on property that is part of a “mega development.” The bulk of the sign face is located within the right-of-way.

11. Mega-retail Developments: Case Study 3
A large city has adopted a zoning amendment that permits Planned Unit Developments (PUDs). A PUD is a zoning overlay that may be applied to residential, commercial or industrial property for a specific project. PUDs encourage mixed uses, and result in a planned combination of diverse land uses, such as housing, recreation and shopping, in one contained development.

12. What Issues Have the States Faced Similar to the Case Studies
What Issues Have the States Faced Similar to the Case Studies? Breakout Session
Property whose ownership is unclear
Signs placed on properties that are not contiguous or on strips that have no purpose except for a sign
Convention centers; public arenas

13. How Have the States Addressed These Issues? Breakout Session
Strictly enforce current federal and state regulations
Employ premises test, i.e., unity of title, use, and contiguity
Address issues on a case by case basis
Educate LPAs on the rules

14. What Are the General Challenges to Outdoor Advertising Control
What Are the General Challenges to Outdoor Advertising Control? Breakout Session
Politics (lack of support; opposition)
Difficulty in determining land ownership
Determining local government intent: mixed use zoning, etc.
Lack of legal precedent; issues have not been litigated
Beyond premises advertising on an on-premises sign
Electronic variable message signs

15. What Is Working Well? Breakout Session
Enforcing existing regulations
Educating the public on the definition and application of the on-premises and purposes tests
Cooperating with developers to maintain the marketability of parcels

16. What Needs to Be Improved? Breakout Session
Consistency in application and enforcement
Greater clarity as to current laws
Communications with developers and sign companies
Improved surveillance of electronic signs

17. Are Federal or State Legislative or Regulatory Changes Needed
Are Federal or State Legislative or Regulatory Changes Needed? Breakout Session
Majority of states answered no!
More guidance from FHWA would be helpful
Two states expressed a desire for more flexibility

18. Florida Billboard GIS Database Demonstration
Used to manage inventory, permitting and billing
Field system integrates GPS, laser rangefinder and digital camera
Integrated with Microsoft MapPoint for mapping
Accessible to the public over the internet

19. Site Visit: Young Electric Sign Company
Presentation & Tour by
David Jones & Ron Wardle
Evolution of sign technology
Electronic Variable Message Signs
Sign manufacturing facility tour

20. Site Visit: Chandler Fashion Square
Target store located in mega-retail development
Sign separated from store by 4-lane divided roadway
On-premise v. off-premise signs

21. 2005 NAHBA Conference Manchester, New Hampshire August 28-31, 2005
Thank You
Becky Bennett Office of Real Estate Services
(202)
2005 NAHBA Conference
Manchester, New Hampshire
August 28-31, 2005