subchapter c highway use and maintenance
TRANSCRIPT
CHAPTER IV HIGHWAYS
SUBCHAPTER C
Highway Use and Maintenance
PART 150
Advertising Signs Adjacent to the Interstate and Primary Highway Systems
151-153 [Reserved] 154
Special Hauling Permits 155
Traffic Regulations on Restricted Highways 156
Use of Rest and Parking Areas and Scenic Overlooks 157
Control of Junkyards and Scrap Metal Processing Facilities Along the Interstate and Primary Highway Systems
158
Covering Loose Cargo 159-160 [Reserved] 161
Control of Dust 162
Duties of County and Town Superintendents Concerning Method of Construction, Improvement or Maintenance of Highways and Bridges
163
Prohibited Activities 164
Traffic Regulations in Highway Work Area 165
Uniform Code of Bridge Inspection 166 [Reserved] 167
Private Bridge Inventory
PART 150 ADVERTISING SIGNS ADJACENT TO THE INTERSTATE AND PRIMARY
HIGHWAY SYSTEMS (Statutory authority : Highway Law, §§ 86 and 88)
Sec. 150.1 Definitions 150.2
Measurements of distance 150.3
Sign removal procedures-public nuisance 150.4
Signs prohibited 150.5
Signs permitted 150.6
Sign size restrictions 150.7
Sign spacing restrictions 150.8
Sign lighting restrictions 150.9
Local certification 150.10
Criteria for determining signs erected for the purpose of their message being read 150.11
landmark sign selection criteria 150.12
Maintenance of nonconforming signs 150.13
On-premises sign criteria 150.14
Directional signs 150.15 Registration 150.16
Revocation of permits 150.17
Part not applicable 150.18
Directional signs permitted because of substantial economic hardship
Historical Note Pan (§§ 1501-150.9) filed March 29,1974; repeated, new (§§ 150.1-150 .18) filed Jan . 25,
1978 eff. Jan. 25,197&
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§ 150.1
Dermitions . The following words and phrases used in this Part are defined as follows:
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(a)
Acquired for right-of-way means acquired for right-of-way for any public road by the Federal government, New York State, or a county, city or other political subdivision of the State, by donation, dedication, purchase, condemnation, use or otherwise . The date of acquisition shall be the date upon which title (whether fee title or a lesser interest) vested in the public for right-of-way purposes under applicable Federal or New York State law.
(b)
Advertised activity means the building, enclosure or area where the advertised product is being sold or used, or advertised service rendered, or advertised business is being conducted, but does not include display areas separated from the building or enclosure .
(c)
Advertising area means the portion of an outdoor advertising sign designed to display or present a message.
(d)
Back-to-back, side-by-side, double-faced, bottom-on-top, or a V-type sign means signs which are physically contiguous and which share a common structure, in whole or in part, and are located not more than 15 feet apart at its nearest point in the case of a back-to-back or V-type sign.
(e)
Blank sign means an outdoor advertising sign void of advertising or informative content. An "available for lease" or similar message that concerns the availability of the sign itself shall not constitute advertising matter. A sign whose message has been partially obliterated by the owner so as not to identify a particular product, service or facility, or a sign which advertises an event which is outdated by more than 30 days, shall be treated as a blank sign . An outdoor advertising sign containing a public service message may be recognized as advertising matter provided the following criteria are met:
(1)
a bona fide public service is referred to ; (2)
the entire sign face is covered with the message; and (3)
the sign is professionally prepared or established. (f)
Centerline of the highway means a line equidistant from the edges of the median separat-ing the main-traveled ways of a divided highway, or the centerline of the main-traveled way of a nondivided highway.
(g)
Certified controlled area means a zoned commercial or industrial area for which the State has certified to the Federal Highway Administrator, pursuant to the provisions of the agreement entered into between the Commissioner of Transportation and the Secretary of Transportation of the United States, dated May 13, 1968, that there has been established within such area regula-tions, which are enforced, with respect to the size, lighting and spacing of outdoor advertising signs .
(h)
Conforming sign .
A sign that is lawfully erected and maintained in a zoned or wizened commercial or industrial area that complies with the requirements of sections 150.6, 150.7 and 150.8 of this Part.
(i)
Commercial or industrial activity for purposes of an unzoned commercial or industrial area means any activity generally recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities shall be considered commercial or indus-trial :
(1)
outdoor advertising structures ; (2)
agricultural, forestry, ranching, grazing, farming and related 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; and (7)
railroad tracks and minor sidings . (1)
Controlled access highway means an interstate highway as designated in section 340-a of the Highway Law; an expressway as designated in section 340-c of the Highway Law; or a State highway as designated in section 341 of the Highway Law; or an arterial highway as designated in
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section 349-e or section 349-f of the Highway Law, which has been or is constructed with control of access for more than a continuous length of more than five miles.
(k)
Controlled area means the area adjacent to and within 660 feet of the nearest edge of the right-of-way and any area which is more than 660 feet of the nearest edge of the right-of-way outside of an urban area in which outdoor advertising signs may be visible from the interstate and primary systems.
(1)
Directional sign means a sign which conforms to the national standards promulgated by the United States Secretary of Transportation in subpart B, part 750, chapter 1, title 23 of the Code of Federal Regulations, "National Standards for Directional and Official Signs", as may be amended, and the provisions of section 150.14 of this Part . (m)
Entrance roadway means any public highway or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of a highway from another highway within the State, irrespective of whether traffic may also leave the main-traveled way by such highway or turning roadway.
(n)
Erect means to construct, build raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or normal mainte-nance of a sign or sign structure.
(o) Exit roadway means any public highway or turning roadway, including deceleration lanes, by which traffic may leave the main-traveled way of a highway to reach the highway systems within the State, irrespective of whether traffic may also enter the main-traveled way by such highway or turning roadway.
(p)
Illegal sign means a sign that is in violation of the outdoor advertising control statutes or the regulations of this Part, and which is not eligible for compensation upon removal.
(q)
Incorporated municipality means a political subdivision incorporated under the laws of New York State . This term includes cities and incorporated villages but excludes counties and towns within New York State.
(r)
Information center means an area or site established and maintained at a safety rest area for the purpose of informing the public of places of interest within the State and providing such other information as the State may consider desirable .
(s)
Informational site means an area or site established and maintained within or adjacent to the right-of-way of a highway by or under the supervision or control of the New York State Department of Transportation, wherein panels for the display of advertising and informational signs may be erected and maintained .
(t)
Interstate system means the system of highways as defined in and designated pursuant to subsection (e), section 103 of title 23, United States Code, as amended.
(u)
Landmark sign means a sign lawfully erected under State law and in existence on October 22, 1965, which has been determined by the Commissioner of Transportation and approved by the United States Secretary of Transportation to be a landmark sign . Such a sign may be on farm structures or natural surfaces and must be of historic or artistic significance, the preservation of which is consistent with the purposes of 23 United States Code 131 .
(v)
Lawfully erected under State law means at the time the sign was erected, it complied with all applicable State and local laws, ordinances, orders, rules and regulations, including but not limited to building permit requirements or zoning restrictions .
(w)
Legible means capable of being read without visual aid by a person of normal visual acuity .
(x)
Maintain means to allow to exist and includes the changing of the advertising message, repair and replacement of component parts, and performance of other acts as an incident to the upkeep of the sign. Changing of the advertising message shall include embellishments or cutouts as long as such embellishments do not exceed two feet on either side and the bottom, and five and one-half feet on the top of a sign, not exceeding a total of 200 square feet. Maintain shall include the activity of removal and subsequent replacement of seasonal signs which relate to activities
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which are discontinued for portions of a year due to seasonal changes. Such signs may be repaired and repainted but they must continue to relate to the same activity at the same location when they are replaced as they did when they were removed. Maintain shall not include the rebuilding or reconstruction of a seasonal sign . In addition, customary sign maintenance, which is guided by the criteria of subdivision (7) of section 150.12 of this Part, shall not include the removal of a sign for the purpose of rebuilding or reconstruction of such sign, other than the case of repainting or refacing the sign and making necessary repairs to the sign within the guidelines of such criteria .
(y)
Main-traveled way means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads or highways, turning roadways or parking areas .
(z)
National standards means the national standards for regulation by the various States of outdoor advertising signs adjacent to the interstate system or primary highway system, promul-gated by the Secretary of Transportation pursuant to section 131 of title 23, United States Code, as amended.
(aa)
Nonconforming sign means a sign that is located in a controlled area, that was lawfully erected under State law and is lawfully maintained but which does not comply with the provisions of the outdoor advertising control statutes or such section as amended or the regulations promul-gated pursuant to such statutes enacted or promulgated subsequent to the date of erection or which sign fails to comply with such statutes or regulations due to changed conditions .
(bb)
Nonconforrning grandfathered sign.
A sign lawfully in existence as of June 1, 1968 in a commercial or industrial area that does not comply with the size, spacing and lighting criteria of this Part, which is allowed to remain at its existing location for the duration of its normal life subject to customary maintenance .
(cc)
Official sign means a sign or notice erected and maintained by public officers, depart-ments or agencies within their territorial or zoning jurisdiction, and pursuant to and in accordance with direction or authorization contained in New York State or Federal law, for the purpose of carrying out an official duty or responsibility . An historical marker authorized by State law and erected by State or local government agencies, or nonprofit historical societies, shall be consid-ered an official sign . For the purpose only of section 150.15 of this Part, an official sign shall include a public utility sign, service club and religious notice, and a public service sign.
(rid)
On-premises sign means a sign advertising the sale or lease of property upon which it is located or a sign advertising activities conducted on the property on which it is located, and which conforms to the provisions of section 150.13 of this Part.
fee)
Outdoor advertising control statute means section 86 or section 88 of the Highway Law, as amended.
(if)
Primary highway system means any highway within that portion of the State highway system as designated, or as may be so designated by the State of New York, which has been approved by the Secretary of Transportation pursuant to subsection (b) of section 103 of title 23, United States Code, as amended.
(gg)
Protected area means any area within the boundaries of New York State which is adjacent to and within 660 feet of the edge of the right-of-way of any controlled portion of the interstate system pursuant to section 86 of the Highway Law within the State . Where a controlled portion of the interstate system, pursuant to section 86 of the Highway Law, terminates at a boundary between New York State and an adjoining state which is not perpendicular or normal to the centerline of the interstate highway, protected area also means any area within New York State which is within 660 feet of the edge of the right-of-way of the interstate highway of the adjoining state. Where there exists industrial or commercial zoning within 660 feet of the edge of the right-of-way of any controlled portion of the interstate system, pursuant to section 86 of the Highway Law, but such zoned area is not traversed by the right-of-way of the interstate system, this area is considered a protected area and subject to the rules and regulations of this Part .
(hh)
Public service sign means a sign located on a school bus stop shelter, which sign : (1)
identifies the donor, sponsor or contributor of said shelter;
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(2)
contains safety slogans or public service messages, which shall occupy not less than 60 percent of the area of the sign;
(3)
contains no other message; (4)
is located on a school bus shelter which is authorized or approved by city, county or State law, regulation or ordinance, and at a place approved by the city, county or State agency controlling the highway involved; and
(5)
my not exceed 32 square feet in area Not more than one sign on each shelter shall face in any one direction. (ii)
Public utility sign means a warning sign, information sign, notice or marker which is customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations .
(jj)
Safety rest area means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control, for the convenience of the traveling public.
(kk)
Scenic area means any public park or area of particular scenic beauty or historical significance designated by or pursuant to New York State law as a scenic area.
(11)
Service club and religious notice means a sign and notice, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed eight square feet in area. (mm) Sign means my outdoor sign, display, device, figure, painting, drawing, message,
placard, poster, billboard or other thing which is designed, intended or used to advertise or inform, my part of the advertising or informative contents of which is visible from any place on the main-traveled way of a highway, whether the same be permanent or portable .
(nn)
Sign authorized to be erected or maintained by State law means one for which there is affirmative authorization for the erection or maintenance of under State law, as distinguished from the absence of any State law regarding such sign .
goo)
Sign not prohibited by State law means one for which the erection or maintenance of is not prohibited by my affirmative State law.
(pp)
State law means a New York State constitutional provision or statute, or an ordinance, law, order, rule or regulation enacted or adopted by a State department or agency or political subdivision of the State pursuant to the New York State Constitution or statutes .
(qq)
Trade name means my brand name, trademark, distinctive symbol or other similar device or thing used to identify particular products or services .
(is)
Traveled way means the portion of a roadway for the movement of vehicles, exclusive of shoulders.
(ss)
Turning roadway means a connection roadway for traffic turning between two intersec-tion legs of an interchange .
(it)
Unzoned commercial or industrial area means any area which is not zoned by State or local law, regulation or ordinance, and on which there is located one or more permanent structures devoted to a commercial or industrial activity, or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 700 feet from and beyond the edge of such activity . Each side of the highway will be considered separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of pavement of the highway.
(no)
Urban area means an urbanized area or an urban place as designated by the Bureau of the Census having a population of 5,000 or more, and within boundaries approved by the United States Secretary of Transportation pursuant to 23 USC 101(a) .
(vv)
Visible means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity .
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(ww)
Zoned commercial or industrial area means any area which is zoned for business, industry, commerce or trade pursuant to a State or local zoning ordinance or regulation .
Historical Note Sec. filed March 29, 1974; repealed, new filed Jan . 25, 1978 ; arm. filed Jan . 26, 1979 eff.
Jan. 26, 1979 . Amended (x) .
§ 150.2
Measurements of distance. Distance from the edge of a right-of-way shall be measured horizontally along a line normal or
perpendicular to the centerline of the highway.
Historical Note Sec. filed March 29, 1974 ; repealed, new filed Jan. 25, 1978 eff. Jan. 25, 1978 .
§ 150.3 Sign removal procedures-public nuisance. In accordance with subdivision 8 of section 88 of the Highway Law, any sign which is
maintained in violation of the outdoor advertising control statutes, or the regulations of this Part, is hereby declared to be a public nuisance . The Commissioner of Transportation shall give 30 days' notice, by registered mail, to the owner of the property upon which such sign is located and to the owner of such sign to remove the same if it is a prohibited sign, or to cause it to conform to the requirements of the outdoor advertising control statutes or the provisions of this Part if such conformance is possible . The owner of such sign shall, within such 30-day period, remove the same if it is a prohibited sign . The owner of the sign shall bring the sign into compliance if it is possible to conform with the requirements of the outdoor advertising control statutes or the provisions of this Part within such 30-day period . If the owner of the property or of the sign fails to act within 30 days as required in the notice, the Commissioner of Transportation, or his duly authorized agent, shall cause the removal of such sign at the expense of the owner of the property or the owner of the sign .
Historical Note Sec. filed March 29, 1974 ; repealed, new filed Jan . 25, 1978 eff. Jan . 25, 1978.
150.4
Signs prohibited . (a)
Erection or maintenance of the following signs is not permitted in the controlled area: (1)
signs advertising activities that are illegal under State or Federal laws or regulations in effect at the location of such signs or at the location of such activities ;
(2)
obsolete, abandoned or discontinued signs ; (3)
signs that are not clean and in good repair; (4)
signs that are not securely affixed to a substantial structure;
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(5)
signs that attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate or resemble any official traffic sign, signal or device;
(6)
signs which prevent the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic ;
(7)
signs which move or have animated or moving parts, except those giving public service information such as time, date, temperature, weather or similar information;
(8)
signs erected or maintained upon trees or painted or drawn upon rocks or other natural features ;
(9)
signs that are not the subject of a valid current permit, if one is required, under the provisions of this Part;
(10)
signs that are not consistent with the mles and regulations of this Part ; or (11)
signs beyond 660 feet outside urban areas and erected with the purpose of their message being read from the interstate or primary highways .
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(b) . The provisions of this section do not apply to on-premises signs along the primary highway system, nor to on-premises signs along the interstate highway system in protected areas which are closer than 50 feet from the advertised activity .
Historical Note Sec. filed March 29,1974 ; repealed, new filed Jan. 25,1978 ; mid. filed Jan. 26, 1979 eff.
Jan 26, 1979.
§150.5
Signs permitted.
(a)
The following signs are permitted to be erected and maintained in the controlled area:
(1)
official signs; (2)
directional signs, in accordance with section 150.14 of this Part; and (3)
on-premises signs, in accordance with section 150.13 of this Part .
(b)
Interstate system.
In addition to paragraphs (a)(1), (2) and (3) of this section, the following signs are permitted in the following commercial or industrial zones within 660 feet of the interstate system :
(1)
all commercial and industrial zones within the boundaries of incorporated municipali-ties, as those boundaries existed on September 21, 1959 ; and all other commercial and industrial zones established as of September 21, 1959 outside of such municipalities ; and
(2)
all zoned and unzoned commercial and industrial zones adjacent to portions of the interstate system constructed upon right-of-way, any part of which was acquired on or before July I, 1956 . (A portion shall be deemed so constructed if, within such portion, no line normal or perpendicular to the centerline of the highway and extending to both edges of the right-of-way will intersect any right-of-way acquired for right-of-way on or before July 1, 1956 .)
,(c)
Primary system .
(1)
In addition to paragraphs (a)(I), (2) and (3) of this section, the following signs are permitted to be erected and maintained in the controlled area within 660 feet of the primary system :
(i)
signs in commercial or industrial zones; and (ii)
signs in unzoned commercial and industrial areas.
Historical Note Sec. filed Much 29,1974 ; repealed, new filed Jan . 25, 1978 eff. Jan. 25, 1978 .
§150.6
Sign size restrictions .
Historical Note Sec. filed Much 29,1974; repealed, new filed Jan . 25, 1978 eff. Jan. 25, 1978 .
§ 150.6
(2)
All signs erected after June 1, 1968 in the controlled area and within 660 feet of the nearest edge of the right-of-way shall comply with the criteria of sections 150.6, 150.7 and 150.8 of this Part .
Any signs erected subsequent to June l, 1968, within the controlled area allowed by paragraphs (b)(1) and (2) and (c)(1) and (2) of section 150.5 of this Part, shall conform to the following criteria as to size of such signs :
(a)
The maximum area for any one sign shall be 1200 square feet, with a maximum height of 30 feet and a maximum length of 60 feet, inclusive of any border and trim but excluding the base or apron, supports or other structural members.
(b)
The area shall be measured by the smallest square, rectangle, triangle, circle or combina-tion thereof which will encompass the entire sign .
(c)
A sign structure may contain one or two signs per facing and maybe placed double-faced, back-to-back or V-type.
(d)
Signs which exceed 325 square feet in area may not be double-faced, abutting and facing the same direction.
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§150.7
Sign spacing restrictions . Any signs erected subsequent to June 1, 1968, within the controlled area allowed by paragraphs
(b)(1) and (2) and (c)(1) and (2) of section 150.5 of this Part, shall conform to the following criteria as to spacing of such signs:
(a)
A sign may not be located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device, obstruct or physically interfere with the driver's view of approaching, merging or intersecting traffic .
(b)
On interstate highways and controlled access highways on the primary highway system, no two sign structures shall be spaced less than 500 feet apart . Outside of villages and cities, no sign structure may be located within 500 feet of an interchange, intersection at grade, safety rest area or information center measured along the highway from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.
(c)
On other primary highways outside of villages and cities no two sign structures shall be spaced less than 300 feet apart, and within the villages and cities no two sign structures shall be spaced less than 100 feet apart.
- (d)
The spacing requirements of this section shall not apply to sign structures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distance is visible from the highway at any one time .
(e)
Official and on-premises signs, and sign structures that are not lawfully maintained, shall not be counted, nor shall measurements be made from them for purposes of determining compli-ance with the spacing requirements .
(f)
The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway, and shall apply only to structures located on the same side of the highway.
Historical Note Sec. filed March 29,1974; repealed, new filed Jan . 25, 1978 eff. Jan . 25, 1978 .
§150.8
Sign lighting restrictions. Any signs erected subsequent to June 1, 1968, within the controlled area allowed by paragraphs
(b)(1) and (2) and (c)(1) and (2) of section 150.5 of this Part, shall conform to the following criteria as to lighting of such signs :
(a)
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 .
(b)
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 highway or primary highway, 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 interfere with any driver's operation of a motor vehicle, are prohibited .
(c)
No sign shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device or signal.
historical Note Sec. filed March 29, 1974 ; repeated, new filed Jan . 25, 1978 eff. Jan . 25, 1978 .
§ 150.9
Local certification.
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The provisions of sections 150.6, 150.7 and 150.8 of this Part shall not apply in the event of and for the duration of a valid certification to the Federal Highway Administration by the State in accordance with the terms of the agreement between the Commissioner of Transportation and the Secretary of Transportation of the United States, dated May 13, 1968 . The regulations which have been promulgated for such areas with respect to size of signs, spacing of signs and lighting in commercial and industrial zones shall control. For the purposes of this section, requirements as to
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the number of signs permitted on a single plot or parcel of land will be considered to be a spacing requirement.
Historical Note Sec. filed March 29, 1974; repealed, new filed Jan_ 25, 1978 eff Jan. 25, 1978.
§150.10
Criteria for determining signs erected for the purpose of their message being read. The Department of Transportation shall use the following criteria to determine whether a sign
has been erected with the purpose of its message being read from the main-traveled way: (a)
traffic counts, sign angle and size, message content, physical obstructions, and similar factors ;
(b)
distance from the controlled highway in relation to the size of the sign ; (c)
exposure time (viewing time from main-traveled way in relation to the normal highway speed of traffic) ; and
(d)
sales value of the sign attributable to advertising circulation on the controlled highway under the criteria of an independent circulation audit agency where such is available.
Historical Note Sec. Sled Jan . 25, 1978 elf. Jan. 25, 1978 .
§150.11
Landmark sign selection criteria (a)
The Department of Transportation will use the following criteria in determining whether a sign should be submitted to the United States Secretary of Transportation as a landmark sign:
(1)
signs lawfully in existence as of October 22, 1965 are allowed to remain within controlled areas when located on farm structures or other natural surfaces and are of historical or artistic significance the preservation of which is consistent with 23 USC 131;
(2)
reasonable maintenance, repair or restoration of this type sign is permitted in accor-dance with section 150.12 of this Part, but substantial change in size, lighting or message content will terminate its exempt status . (b)
No sign shall be classified as a landmark sign until such sign has been submitted by the Department of Transportation for approval by the United States Secretary of Transportation and such approval has been given.
Historical Note Sec. filed Jan. 25, 1978 eff Ian. 25, 1978.
§150.12
Maintenance of nonconforming signs. (a)
General.
The provisions of this section are intended to establish the criteria and require-ments for the classification as a nonconforming sign for the purposes of the outdoor advertising control statutes and regulations promulgated thereunder . Four categories of nonconforming signs are affected by this section:
(1)
nonconforming signs within 660 feet of the right-of-way on the interstate or primary system ;
(2)
nonconforming signs beyond 660 feet of the right-of-way outside of urban areas on the interstate and primary system ;
(3)
landmark signs, as established in section 150.11 of this Part ; and (4)
gandfathered signs, as defined in section 150.1 of this Part. When maintenance ceases in any of these categories, there will be a loss of nonconforming
rights and removal will be required as a prohibited sign in accordance with subdivision 8 of section 88 of New York State Highway Law.
(b) Requirementsformaintenanceandcontinuanceofnonconformingsigns. (1) Thesign must have been actually in existence at the time the outdoor advertising control statutes or
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regulations promulgated thereunder became effective, as distinguished from a contemplated use such as a lease or agreement with the property owner.
(2)
The property interest in the sign affected by the outdoor advertising control statutes or regulations promulgated thereunder must be substantial . Paper signs nailed to trees, abandoned signs and similar type signs are not protected as nonconforming signs.
(3)
The right to continue a nonconforming sign shall not be confined to a sign owner or any one individual, firm, association or corporation so using the land . A nonconforming sign may be sold, leased, or the property interest therein otherwise transferred without affecting its status . The location of a nonconforming sign shall not be changed without such sign losing its status as a nonconforming sign . A nonconforming sign removed as a result of a right-of-way acquisition or for any other reason must be relocated in a conforming area, as a nonconforming use will not be permitted to be reestablished at a new location .
(4)
The sign must have been lawfully erected on the effective date of the outdoor advertis-ing control statutes or the regulations promulgated thereunder, and must continue to be lawfully maintained if such sign became nonconforming due to the provisions of the outdoor advertising control statutes . A sign which became nonconforming because of changed condi-tions must have been lawfully erected under State law as of the date of the changed conditions, and must continue to be lawfully maintained .
(5)
A nonconforming sign may continue to exist as long as it is not changed. The noncon-forming sign must remain substantially the same as it was in existence on the effective date of the outdoor advertising control statutes, or on the date that it became nonconforming due to changed conditions . Except for maintaining under these rules and regulations, any extension or enlargement of a sign is a change in existing use. Replacement, rebuilding or reerecting is a change in existing use, except that a sign may be rebuilt or reerected if it has been vandalized, or subjected to other criminal or tortious acts, providing such rebuilding or reerecting does not exceed 60 percent of the current fair market value, considering any accrued depreciation of such sign . If the replacement costs of such a sign exceed 60 percent of current fair market value, considering any accrued depreciation, such sign shall be considered to be the establishment of a new sign . The reasonable maintenance of a sign is not a change in existing use. This includes the change of advertising message and normal upkeep and repair of a sign structure. If the costs of customary maintenance and repairs exceed 15 percent of current fair market value, consider-ing any accrued depreciation, of a sign, such activity will no longer be considered to be customary maintenance and repair and such sign will be considered m have been the establish-ment of a new sign and required to meet all applicable laws and regulations .
(6)
No abandoned, destroyed or discontinued nonconforming sign that does not meet the requirements set forth in paragraphs (1)-(5) of this subdivision shall be permitted to continue to exist, and such sign shall be classified as an illegal sign and prohibited .
(i)
An abandoned or discontinued sign is one:
(a)
which has obsolete message content;
TITLE 17 TRANSPORTATION
(b)
which has been blank for a period of nine consecutive months, except if a sign was blank as of September 1, 1978, it shall not be considered abandoned or discontinued until June 1, 1979 ;
(c) where destruction of the sign has occurred and replacement costs exceed 60 percent of current fair market value, considering any accrued depreciation ; or
(d)
for which the permit has not been renewed in accordance with section 150.15 of this Part.
(7)
A sign, even if blank, which is surrendered up to the State by the owner thereof for the purpose of acquisition by the State, and the State has accepted the offer of surrendering-up in writing to the owner thereof, shall not be considered abandoned or discontinued.
(8)
Reasonable maintenance, repair and restoration of a nonconforming sign is permitted to enable such sign to remain in good condition. Good condition means a sign cannot be
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historical Note Sec. filed Jan. 25,1978; amd, filed Jan . 26, 1979 eff. Jan . 26, 1979 .
§ 150 .13
On-premises sign criteria.
§ 150.1 3
decayed, insecure, and must be in an upright position not in danger of falling or in otherwise safe condition.
(a) The provisions of this section are intended to establish the criteria for determining whether a sign is an on-premises sign for the purpose of the outdoor advertising control statutes . An on-premises sign is permitted to exist and is not regulated under the provisions of section 88 of the Highway Law, as amended. However, an on-premises sign is subject to regulation in certain locations under section 86 of the Highway Law and as set forth in subdivision (c) of this section
(b)
A sign will be considered to be an on-premises sign if it meets the following require-ments:
(1)
The sign must be located on the same premises as the activity or property advertised. (2)
The sign must have as its purpose the identification of the activity or its products or services, or the sale or lease of the property on which the sign is located, rather than the purpose of general advertising .
(3)
In order to be classified as an on-premises sign, such sign must meet the following premises test:
(i)
The premises on which an activity is conducted is determined by physical facts rather than property lines. Generally, it is defined as the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses .
(ii)
The following will not be considered to be a part of the premises on which the activity is conducted, and any signs located on such land will be considered "off-premises" advertising :
(a)
Any land which is not used as an integral part of the principal activity . This would include, but is not limited to, land which is separated from the activity by a roadway, highway or other obstruction, and not used by the activity, and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.
(b)
Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity . For example, land adjacent to or adjoining a service station, but devoted to raising of crops, residence or farmstead uses or other commercial or industrial uses having no relationship to the service station activity, would not be part of the premises of the service station, even though under the same ownership.
(c)
Any land which is at some distance from the principal activity ; and in closer proximity to the highway than the principal activity ; and developed or used only in the area of the sign site, or between the sign site and the principal activity; and occupied solely by structures or uses which are only incidental to the principal activity, and which serve no reasonable or integrated purpose related to the activity other than to attempt to qualify the land for signing purposes . Generally, these will be inexpensive facilities, such as picnic, playground or camping areas, dog kennels, golf driving ranges, skeet ranges, common or private roadways or easements, walking paths, fences, and sign maintenance sheds. (iii)
Where the sign site is located at or near the end of a narrow strip contiguous to the advertised activity, the sign site shall not be considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configuration of land which is such that it cannot be put to any reasonable use related to the activity other than for signing purposes . In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if it is located upon a narrow strip of land :
(a) which is nonbuildable land, such as too narrow of a strip or a swampland, marshland or other wetland; or
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§ 150.13
(b)
which is a common or private roadway; or
TITLE 17 TRANSPORTATION
(c)
held by easement or other lesser interest than the premises where the advertised activity is located .
(4)
In order to be classified as an on-premises sign, such sign must meet the following purpose test :
(i)
Such sign must have as its purpose the identification of the activity located on the premises, or its products or services, or the sale or lease of the property on which the sign is located, rather than the business of outdoor advertising .
(ii)
Any sign which consists solely of the name of the establishment is an on-premises sign .
(iii) A sign which identifies the establishment's principal or accessory products or services offered on the premises is an on-premises sign. An example of an accessory product would be a brand of tires offered for sale at a service station .
(iv)
When a sign (a) brings rental income to the property owner, (b) consists principally of brand name or trade name advertising, and (c) the product or service advertised is only incidental to the principal activity, it shall be considered the business of outdoor advertising and not an on-premises sign . An example would be a typical billboard located on top of a service station building advertising a brand of cigarettes or chewing gum which is inciden-tally sold in a vending machine on the property .
(v)
A sign which advertises activities conducted on the premises, but which also adver-tises, in a prominent manner, activities not conducted on the premises, is not an on-premises sign . An example would be a sign advertising a motel or restaurant not located on the premises with a notation or attachment stating "Skeet Range Here" or "Dog Kennels Here". The on-premises activity would only be the skeet range or the dog kennels.
(vi)
A sale or lease sign which also advertises any product or service not located upon, and unrelated to, the business of selling or leasing the land on which the sign is located is not an on-premises sign . An example would be a typical billboard which states "This Property for Sale-Apply Smith's Motel; 500 Rooms, Air-Conditioned, Turn Right 3 Blocks at Main Street" .
(c)
Under section 86 of the Highway Law, on-premises signs located within a protected area must also meet the following criteria :
(1)
If the sign is located more than 50 feet from the advertised activity, such sign shall be registered in accordance with section 150.15 of this Part, notwithstanding the provision of that section exempting on-premises signs from registration . Such sign shall not exceed 20 feet in length, width or height, or 150 square feet in total area, including border and trim but excluding supports . Not more than one such sign advertising the sale or lease of the same property may be permitted in such a manner as to be visible to traffic proceeding in any one direction on any interstate highway. Not more than one such sign, visible to traffic proceeding in any one direction on any interstate highway and advertising activities being conducted upon the real property where the sign is located, shall be permitted more than 50 feet from the advertised activity . For the purposes of this section, the 50-foot distance shall be measured as follows:
(i)
When the advertised activity is a business, commercial or industrial land use, the distance shall be measured from the regularly used buildings, parking lots, storage or processing area, or other structures which are essential and customary to the conduct of the business . Such distance shall not be measured from driveways, fences or similar appurte-nances .
(ii)
When the advertising activity is a noncommercial or nonindustrial land use, such as a residence, farm or orchard, the distance shall be measured from the major structures on the property .
(2)
Except for signs which are closer than 50 feet distant from the advertised activity, no such sign shall be permitted which:
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(ii)
is lighted so as to impair the vision of the driver of any motor vehicle; (iii)
moves or has any animated or moving parts.
Historical Note Sec. Sled Jan. 25, 1978 ; amd. filed Jan . 26, 1979 eff. Jan . 26, 1979 .
§150.14
Directional signs.
moving light or lights are prohibited .
§ 150.14
(i)
contains, includes, or is illuminated by, any flashing, intermittent or moving light or lights ;
(a)
The provisions of this section establish the criteria for directional signs, as allowed under section 88 of the Highway Law and consistent with the National Standards as found in subpart B, part 750, chapter 1, 23 Code of Federal Regulations . Directional signs will be categorized into public directional signs and private directional signs. For the purposes of application of the provisions of section 150.15 of this Part, all public directional signs will be defined as official signs.
(b)
The following requirements apply to the erection and maintenance of directional signs: (1)
General.
The following signs are prohibited : (i)
signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of those activities;
(ii)
signs located in such a manner as to obscure or otherwise interfere with the effec-tiveness of an official traffic sign, signal or device, or obstruct or interfere with the driver's view of approaching, merging or intersecting traffic ;
(iii)
signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features ;
(iv)
obsolete signs; (v)
signs which are structurally unsafe or in disrepair; (vi)
signs which move or have any animated or moving pans ; (vii)
signs located in rest areas, parklands or scenic areas . (2)
Size.
No sign shall exceed the following limits : (i)
maximum area-150 square feet; (ii)
maximum height-20 feet; and (iii)
maximum length-20 feet . All dimensions include border and trim, but exclude supports . (3)
Lighting .
Signs may be illuminated, subject to the following: (i)
Signs which contain, include, or are illuminated by, any flashing, intermittent or
(ii)
Signs which we not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway, or 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 interfere with any driver's operation of a motor vehicle, are prohibited .
(iii)
No sign maybe so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device or signal . (4)
Spacing .
(i)
Each location of a directional sign must be approved by the New York State Department of Transportation .
(ii)
No directional sign may be located within 2,000 feet of an interchange, or intersec-tion at grade along with the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way).
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§ 150.14 TITLE 17 TRANSPORTATION
(iii)
No directional sign may be located within 2,000 feet of a rest area, parkland or scenic area .
(iv)
(a)
No two directional signs facing the same direction of travel shall be spaced less than one mile apart.
(b)
Not more than three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity .
(c)
Signs located adjacent to the interstate system shall be within 75 air miles of the activity .
(d)
Signs located adjacent to the primary system shall be within 50 air miles of the activity .
(5)
Message content.
The message on directional signs shall be limited to the identifica-tion of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers or exit numbers. Descriptive words or phrases, and pictorial or photographic representations including trade-name logos of the activity or its environs, are prohibited.
(6)
Selection method and criteria. (i)
Privately owned activities or attractions eligible for directional signing are limited to the following : natural phenomena; scenic attractions ; historic, educational, cultural, scien-tific and religious sites; and outdoor recreational areas . To be eligible, privately owned attractions or activities must be nationally or regionally known, and of outstanding interest to the traveling public .
(ii)
The following requirements must be met in order for a sign to be classified as a directional sign :
(a)
no private directional signs will be permitted to be erected in protected areas; (b)
public directional signs shall be limited to those erected by the Department of Transportation or under authorization by the Department of Transportation given to a public officer, department or agency ;
(c)
public directional signs will be permitted to be erected only if such a sign conveys the permitted type of information and is in conformance with the Federal requirements for directional signs ;
. (d)
all directional signs must be of such a nature as to provide necessary information to the traveling public about goods and services available to such traveling public ;
(e)
a directional sign and the information contained thereon must be functionally and aesthetically compatible with its surroundings ; and
(/)
all directional signs must meet the national standards as are found in subpart B, part 750, chapter I, title 23 of the Code of Federal Regulations, "National Standards for Directional and Official Signs", as may be amended. Such a directional sign is limited to a maximum of 150 square feet and must give directional information about natural phenom-ena, historic, cultural, scientific, educational and religious sites and areas of natural scenic beauty or naturally suited for outdoor recreation. Both public and privately owned attrac-tions which are qualifying activities must be of outstanding interest to the traveling public, and nationally or regionally known, as well as meet the State selection criteria. The State Department of Transportation has the responsibility for establishing such selection criteria and obtaining the approval of same from the United States Department of Transportation .
(7)
If a sign meets all of the requirements set forth in this section, the Department of Transportation will determine whether an individual sign qualifies as a private directional sign after the submission of data relative to such sign to the Department of Commerce, Department of Environmental Conservation and the Outdoor Advertising Council established by subdivi-sion 13 of section 88 of the Highway Law, for review, comment and recommendation.
Historical Note Sec. filed Jan . 25, 1978 eff. Jan. 25, 1978 .
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§ 150.15
Registration. Any outdoor advertising sign within the controlled area, except official signs, signs in areas
certified in accordance with section 150.9 of this Part, and on-premises signs in accordance with section 150.13 of this Part, shall be registered with the New York State Department of Transporta-tion in accordance with the following provisions :
(a)
Registration application and permit.
(1)
Any person, firm, corporation, partnership or association, before erecting, maintaining or using any outdoor advertising sign, must obtain a permit from the New York State Department of Transportation.
(2)
An application for a permit may be obtained from the New York State Department of Transportation, Real Estate Division, Building 5, State Campus, 1220 Washington Avenue, Albany, New York 12232, or from a regional office of the Department of Transportation located at :
Region 1 84 Holland Avenue Albany, NY 12208 Region 2 Utica State Office Bldg . 207 Genesee Street Utica NY 13501 Region 3 Syracuse State Office Bldg . 333 East Washington Street Syracuse, NY 13202 Region 4 1530 Jefferson Road Rochester, NY 14623 Region 5 Buffalo State Office Bldg . 125 Main Street Buffalo, NY 14203 Region 6 30 West Main Street Hornell, NY 14843 Region 7 Watertown State Office Bldg . 317 Washington Street Watertown, NY 13601 Region 8 4 Burned Boulevard Poughkeepsie, NY 12603 Region 9 Binghamton State Office Bldg . 44 Hawley Street Binghamton, NY 13901. Region 10 New York State Office Bldg . Veterans Highway Hauppauge, NY 11787
§ 150.1 5
The permit application shall be made available to an applicant upon request, and must be completed in all respects by the applicant or his representative . The applicant can be either the owner of the sign or the land upon which the sign is to be located . The owner is responsible for completing the required information and submitting the requisite number of copies, together
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§ 150.15 TITLE 17 TRANSPORTATION
with the required permit fee, to either the New York State Department of Transportation at the address indicated above or to the appropriate regional office at the address indicated above.
(3)
Each sign permit will be classified into one of the following categories by the Depart-ment of Transportation :
(i)
conforming sign ;
(ii)
nonconforming sign ;
(iii)
nonconforming grandfathered sign;
(iv)
on-premises sign;
(v)
landmark sign ;
(vi)
directional sign ; or
(vii)
illegal sign .
The reason for classification as an illegal sign will be provided upon request to the applicant, along with a statement as to how the sign may gain legal status where that possibility exists.
(4)
No refund shall be made after an application for a permit has been filed with the New York State Department of Transportation .
(5)
If an outdoor advertising sign is erected prior to obtaining the permit required in this section, a late filing permit charge of 10 percent of the regular annual fee per month, for each month that such application is late, with a maximum of $50, shall be imposed in addition to the regular annual fee.
(6)
The application shall specify the location where the sign is to be placed and maintained. If, after approval of such application and the issuance of a permit hereunder, the sign is removed from such location, such permit shall be thereupon null and void .
(7)
A single application may cover aback-to-back, side-by-side, double-faced, bottom-on-top, or V-type sign . A separate fee, if applicable, shall be charged for each advertising area .
(8) Where a permittee desires to enlarge or reduce the surface area of a conforming advertising sign, application for a new permit shall be made in the same manner as in the case of an application for an original permit. Such application must be accompanied by the required annual fee less the amount of annual fee which has already been paid for such sign, except that there shall be no refund of any portion of an annual fee if the surface area of the advertising display is reduced. Any sign altered in such manner shall conform to all provisions of State law and their regulations .
(9)
If a permittee adds one or more advertising surfaces to an existing conforming advertis-ing sign or structure for which he has a valid permit, he is required to apply for a permit for such sign and pay the requisite fee for such permit as provided for in this section. Any sign altered in such manner shall conform to all provisions of State law and their regulations .
(10)
In the event that the ownership of a sign is changed, such new owner shall file an application and obtain a permit under the provisions of this section within 60 days of the change of ownership .
(11)
Any sign which must be registered under the provisions of this section which is in existence on the effective date of this section shall have until January 1, 1979 to comply with the provisions of this section .
(b)
Permit fees .
In connection with the issuance of permits hereunder for outdoor advertis-ing signs, the Commissioner of Transportation shall charge and collect permit fees in accordance with the fee schedule set forth below.
(I)
For an advertising sign within the controlled area or protected area, the fee schedule is as follows for a single facing of advertising, exclusive of border or trim. A fee is required for each advertising face .
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Annual Permit Fees
§ 150.15
(2)
No permit fee is required for a sign classified as a directional sign or a landmark sign . (3)
All permit fees shall be annually based and shall not be apportioned for any unused portion of a year.
(4)
Inspection fee.
An inspection fee in the amount of $50 is required to be submitted with each application . This fee is assessed to defray expenses incurred by the department through the field inspection required to ascertain conformance with State regulations . This fee is nonrefundable after an inspection is made . The inspection fee does not apply to renewals or to applications which do not require the payment of permit fees . (e)
Renewal of permit and fees.
(1)
A permit issued under the provisions of this section, unless such is revoked or cancelled, or becomes null and void, may be renewed on an annual basis prior to the expiration date (September first) of the permit or a renewal thereof.
(2)
An application for renewal will not be approved if it is altered from the original application, except for a change of address of the permittee or a change in ownership of the land upon which the sign is located . The location of the sign is subject to reinspection by the Department of Transportation . If an application for the renewal of a permit is made after the expiration date of the last valid permit or renewal, such application shall be subject to late filing renewal charges of 10 percent of the regular annual fee per month, for each month that such application is late, with a maximum of $50, to be imposed in addition to the regular annual fee.
(3) . A permittee who fails to renew a permit within 60 days of the expiration date shall be required to remove the sign in accordance with section 150.12 of this Part.
(4)
The renewal fee for a permit shall be based on the annual rate, and applications for renewal will be accepted under the same terms and conditions as the original permit applica-tion .
(5)
No refund shall be made after an application for a renewal has been filed with the New York State Department of Transportation. (d)
Identification of sign .
(1)
The name of the permittee shall be placed in a conspicuous position on the advertising structure for which a pern it has been issued within 30 days of the date of issuance of the permit. Failure to affix such identification may result in revocation of the permit in accordance with the provisions of subdivision (f) of this section.
(2)
Every sign structure erected under this Part shall also have attached a permit plate which will be issued by the State; said plate is to be firmly affixed to the sign by the permittee in a place that is clearly visible from the traveled way of the controlled highway.
(3)
Whenever the ground structure for a sign is not commenced within 60 days after the date of issuance of the permit, the permittee shall post notice at the location of the sign in a conspicuous manner indicating the name of the permit holder and the permit number. Failure to comply with this provision may result in revocation of the permit in accordance with the provisions of subdivision (f) of this section. (e)
Permit revocation .
A permit issued under this section may be revoked for cause of any of the following reasons:
(1)
when any statement made in the application for the permit is false or misleading ; (2)
when any provision of the outdoor advertising control statutes or the provisions of this Part are violated ;
(3)
when any stipulation made in connection with the granting of the permit is violated ;
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Size of Sign Face Fee
100 square feet or less $ 20 101-600 square feet 50 601 square feet or more 100
§ 150.15 TITLE 17 TRANSPORTATION
(4)
whenever the advertising area utilized for the display is in excess of that indicated in the permit;
(5)
whenever a sign structure is not maintained in a safe, sound and good condition; (6)
whenever the sign structure is being maintained upon public property without the express permission of the governmental body having jurisdiction over the area ;
(7)
whenever the sign structure is being maintained without the consent of the owner of the property or the owner's duly authorized agent;
(8)
whenever a sign status has changed under the provisions of the outdoor advertising control statutes or the provisions of this Part ; or
(9)
whenever the Commissioner of Transportation determines that a permittee authorized or conducted vegetation control, as defined in Pan 134 of this Title, without a permit issued pursuant to Part 134 of this Title or in violation of the conditions or stipulations of such a permit . (f)
Norice of permit revocation .
(1)
Whenever it shall appear to the Department of Trans-portation that any permittee is not complying with the provisions set forth in subdivision (e) of this section, such permittee shall be given a written notice stating the nature of the violation or offense, and within 30 days the permittee shall :
(i)
cause the sign to come in full compliance with the provisions of this Part if such sign is capable of complying; or
(if)
remove the sign if it is a prohibited sign; or (iii)
file a protest in writing with the official or employee of the Department of Transpor-tation issuing the notice of revocation, stating the reason for the protest . In addition, any such permittee may request a hearing. The filing of a protest and/or request for a hearing does not abate or toll any penalties due nor abrogate the right of the Commissioner of Transportation to remove any such sign in accordance with the provisions of the outdoor advertising control statutes, unless the permittee furnishes security guaranteeing compliance with the provisions hereof of the kind and in the amount satisfactory to the Department of Transportation . (2)
If the perminee files a protest but does not request a hearing, the Commissioner of Transportation, or his designee, shall carefully consider all available relevant information and thereupon make a determination, in writing, confirming, modifying or vacating the original notice of revocation .
(3)
Whenever a permit has been revoked, the holder thereof shall forthwith surrender the same to the New York State Department of Transportation . (g)
Hearings .
A hearing which is provided under the provisions of this section shall be either :
(1)
an informal hearing before the Commissioner of Transportation, or his designee, in the nature of a conference with or without legal or agency representation on behalf of the licensee or perminee; or
(2)
a formal hearing where evidence is recorded in the same fashion as in a court proceed-ing, but whereat the parties shall not be bound to strict interpretation of common law or statutory rules of evidence. The hearing officer shall determine whether any evidence is immaterial, irrelevant or unduly cumulative and should therefore be excluded, but such hearing officer shall admit all testimony having reasonable probative value to determine the matter . Each party shall have the right to present his case or defense by oral or documentary evidence and to submit rebuttal evidence and to conduct such cross-examination as may be permitted by the hearing officer in an effort to obtain full and direct disclosure of all relevant facts. After the parties have been given an opportunity to present their evidence in support of or in defense of the issues of the matter, the record shall be closed and the hearing officer shall make a final determination notifying the permittee in writing of such determination.
Historical Note Sec. filed Jan. 25,1978; amds. filed : April 24,1978; Jan. 26,1979; Feb. 5,1991 ; May 16,
2000 eff. May 31, 2000. Amended (e) .
§150.16
Revocation of permits. Any validly existing permits which were issued under the provisions of former Part 150, or
previous number Pan 36, are hereby revoked. Any such sign which would qualify for registration under section 150.15 of this Part may be so registered . If any such sign is nonconforming and is a compensable sign under the provisions of the outdoor advertising control statutes or this Part
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should be registered under the provisions of section 150.15 in order for such sign to be identified as a nonconforming, compensabie sign.
Historical Note Sec. filed Jan. 25, 1978 eff. Jan. 25, 1978 .
§150.17
Part not applicable . The provisions of this Part are not applicable to Federal Indian reservation lands .
Historical Note Sec. filed Jan. 25, 1978 eff. Jan . 25, 1978.
§150 .18
Directional signs permitted because of substantial economic hardship . Subsection (o) of section 131 of title 23, United States Code, was added by section 122 of the
Federal-Aid Highway Act of 1976 to provide that a state may request an exemption from removal requirements of the Federal-Aid Highway Beautification Act upon a showing that removal of certain signs would work a substantial economic hardship within a specific area. The Department of Transportation will make the application, which is permitted under this provision, to the United States Department of Transportation and will permit directional signs to exist in conformance with any approved exemption which has been granted in conformance with the Federal statute .
Historical Note Sec. filed Jan. 25, 1978 eff. Jan. 25, 1978 .
§ 150.18
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