27 CAR pt. 130, Appendix A
This publication, REGULATIONS FOR CONTROL OF OUTDOOR ADVERTISING ON ARKANSAS HIGHWAYS, is issued under the authority of Arkansas State Highway Commission Minute Order 72-6, dated January 26, 1972, which Order directed the Commission to promulgate rules and regulations governing the erection of outdoor advertising signs, displays and devices along the National System of Interstate Highways and Federal Aid Primary Highways within the Arkansas State Highway System, and authorized the Director of the Arkansas State Highway Department to issue permits for the installation of outdoor advertising structures.
These regulations have been established in conformity with an Agreement between the Arkansas State Highway Commission and the United States Secretary of Transportation pursuant to Article I of Act 640 of the Acts of the General Assembly for the year 1967.
Arkansas State Highway and Transportation Department
District...Mailing Address...City, Zip...Telephone...Fax
District 1...P.O. Box 278...Wynne 72396-0278...870-238-8144...870-238-2994
District 2...P.O. Box 6836...Pine Bluff 71611-6836...870-534-1612...870-534-2038
District 3...P.O. Box 490...Hope 71802-0490...870-777-3457...870-777-3489
District 4...P.O. Box 1424...Fort Smith 72902-1424...479-646-5501...479-646-8286
District 5...P.O. Box 2376...Batesville 72503-2376...870-251-2374...870-251-2393
District 6...P.O. Box 190296...Little Rock 72219-0296...501-569-2266...501-569-2366
District 7...P.O. Box 897...Camden 71711-0897...870-836-6401...870-836-4864
District 8...P.O. Box 70...Russellville 72811-0070...479-968-2286...479-968-4006
District 9...P.O. Box 610...Harrison 72602-0610...870-743-2100...870-743-4630
District 10...P.O. Box 98...Paragould 72451-0098...870-239-9511...870-236-1156
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, displays 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 of 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).
*Superceded by Act 999 of 1975, See page 29.
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-aide 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,
*Superceded by Act 999 of 1975, See page 29.
WHEREAS, by passage of Act No. 640 by the 1967 Arkansas Legislature, the Arkansas Highway Commission, under 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:
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.
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.
A. General
The following signs shall not be permitted:
*Superceded by Act 999 of 1975, See page29.
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.
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.
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 (c) 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.
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.
BUSINESS, INDUSTRIAL, COMMERCIAL SIGNS ALLOWED
BUSINESS, INDUSTRIAL, COMMERCIAL
SIGNS ALLOWED
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.
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.
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.
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 /s/ Ward Goodman
Director of Highways
Arkansas State Highway Department
January 24, 1972
SECRETARY OF TRANSPORTATION
By /s/ Francis B. Turner
Federal Highway Administrator
Permit applications may be obtained from the Environmental Division's Beautification Section, Arkansas State Highway and Transportation Department, P.O. Box 2261, Little Rock, Arkansas, 72203.
Completed applications for signs in legal zones should be submitted to the Environmental Division, Beautification Section, P.O. Box 2261, Little Rock, Arkansas 72203.
Applications must include a $40 fee for each sign (check or money order, no cash.) Separate checks shall be sent for each application.
Upon application for a permit, the sign owner must arrange with the State Inspector to show the exact location for the proposed device. This must 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. If a device has not been erected within 120 days from the issuance of the permit, the permit will no longer be valid.
Signs without a permit decal are not valid. Permit markers for Class A permits and Class B permits will be of different colors.
Class A permits will expire on December 31 of odd number years (2007, 2009, 2011, etc.). Class B permits will expire on December 31 of even numbered years (2006, 2008, 2010, etc.). Renewal applications must be received by the Arkansas State Highway and Transportation Department, Beautification Section, by December 31 of such years. The renewal fee for a Class A outdoor advertising permit shall be $20.00. The renewal fee for a Class B permit shall be $30.00.
By December 1 of such year, a notice of renewal will be sent to the permit-owner.
Commencing December 2006, and each year thereafter, if the renewal application and fee are not received from the permit-owner by December 31, a second renewal notice will be sent to the permit-owner granting until January 31 to renew the permit.
If the renewal application and fee are not received from the permit-owner by January 31, a third renewal notice will be sent by certified mail stating that the permit has
expired and a renewal application and fee must be received by the Arkansas State Highway and Transportation Department by the thirtieth day after January 31. Weekends and holidays shall be included when calculating the 30-day period.
If the renewal application and fee are not received from the permit-owner by the thirtieth day after January 31, then the sign must be removed.
It shall be the responsibility of the permit-owner, and not the Arkansas State Highway and Transportation Department, to provide the appropriate mailing address for renewal notification.
By: Representative Wilson
1 "AN ACT TO AMEND SECTIONS 3 AND 5 OF ACT 640 OF 1967
2 (ARK. STAT. 76-2504 AND 76-2506) AND TO ADD TO SAID
3 ACT PROVISIONS TO BRING THE STATE OF ARKANSAS WITHIN
4 COMPLIANCE WITH THE FEDERAL-AID HIGHWAY AMENDMENTS OF
5 1974 AND OTHER PROVISIONS."
7 WHEREAS, the Congress of the United States has enacted legislation
8 by amending the Highway Beautification Act of 1965 which will cause
9 substantial losses in Federal-Aid Highway Funds apportioned to Arkansas
10 on or after July 1, 1975, unless the Arkansas General Assembly enacts
11 conforming legislation:
12 (a) Regulating the erection and maintenance of outdoor advertising
13 signs, displays and devices which are located more than 660 feet off the
14 nearest edge of the right-of-way of Interstate and Primary or any other
15 state highway designated by the Arkansas State Highway Commission, located
16 outside urban areas, visible from the main traveled way of such highways
17 and erected for the purpose of their message being read from such main
18 traveled way;
19 (b) Providing removal and compensation authority for signs lawfully
20 erected beyond 660 feet which do not conform to the provisions of this
21 Act;
22 NOW, THEREFORE,
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25 SECTION 1. Notwithstanding any other provision of Section 3 of Act 640
26 of 1967, effective July 1, 1975, signs, displays and devices which are
27 located more than 660 feet from the nearest edge of the right-of-way of
28 Interstate and Primary highways, outside of urban areas, visible from the
29 main traveled way of such highways, and erected with the purpose of their
30 message being read from such main traveled way, shall be limited to:
31 (a) Directional and other official signs as defined herein;
8-Rec'd
P. McClellan
PRESIDENT OF SENATE
Dr. Riege
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36
(b) Signs advertising the sale or lease of property on which they are located; (c) Signs advertising activities conducted on the property on which they are located; (d) signs, displays and devices which locate, identify, mark or warn of the presence of pipelines, utility lines or rail lines and appurtenances thereto; including, but not limited to, markers used in maintenance, operation, observation and safety.
SECTION 2. The Arkansas State Highway Commission is authorized and empowered to require the removal of all outdoor advertising signs, displays and devices which do not conform to the provisions of this Act and which are lawfully erected beyond 660 feet off the nearest edge of the right-of-way, located outside of urban areas, visible from the main traveled way of the Interstate, Primary, or any other state highway designated by the Arkansas State Highway Commission, and erected with the purpose of their message being read from such main traveled way, and which right may be enforced by means of a mandatory injunction or other appropriate remedy, provided, however, that just compensation shall be paid upon the removal of signs, devices and displays that were lawfully erected beyond 660 feet of the right-of-way line of the Interstate, Primary or other State Highways; which compensation shall be paid for the taking from the owner of such sign, display or device, and the taking of all right of title, leasehold, and interest in such sign, display or device, and the taking from the owner of the real property on which the sign, display or device is located, of the right to erect and maintain such signs, displays and devices thereon.
SECTION 3. The General Assembly finds and declares that outdoor advertising signs, displays or devices which are located more than 660 feet off the nearest edge of the right-of-way, located outside of urban areas, visible from the main traveled way of the Interstate, Primary, or other state highway designated by the Arkansas State Highway Commission, and erected for the purpose of their message being read from such main traveled way, and which do not conform to the provisions of this Act are non-conforming advertising devices; therefore, the right is conferred upon the Commission to enforce the provisions of this Act by means of re-
straining order, mandatory injunction, or other appropriate remedy for the abatement of such non-conforming advertising devices, displays or signs.
SECTION 4. It is hereby found and declared that the strict enforcement of this Act is necessary to prevent the erection of signs, displays and devices beyond the present legal limitations and visible from the traveled right-of-way of the Interstate, Primary and other State Highways; that if this Act is not placed in effect forthwith, the State of Arkansas will lose substantial Federal funds for failure to comply with the Federal-Aid Highway Amendment of 1974; that the immediate enforcement of this Act is required for the public health, safety and welfare. Therefore, it is declared, for these reasons, that an emergency exists and this Act, being essential for the preservation of the public peace, safety and welfare, shall take effect and be in force from and after its passage and approval.
s/ Hiko Wilson
APR 11 1975 APPROVED BY David Dyson GOVERNOR
PRESIDENT OF DENATE
P. O. Reynolds