1. (a) No off premise advertising device shall be granted a permit or renewal in a location that has been designated a scenic and cultural byway pursuant to RSA 238:19-24 unless:

   1. (1) The proposed point of installation is on a section removed from such designation pursuant to RSA 238:24, I; or
   2. (2) The device was erected prior to the date such location was so designated and the device remains a legally erected conforming device under this part.

2. (b) No off premise advertising device shall be granted a permit unless it can be installed in accordance with the following minimum spacing criteria:

   1. (1) If the new sign location is adjacent to any one side of a non-limited access federal aid primary highway in municipalities of 4,000 or more in population:

      1. a. Not less than 100 feet, measured along the traveled way from the nearest point of another lawfully permitted off premise advertising device, if located in an area between 2 intersecting streets, not including alleys, undeveloped rights-of-way, private ways, or driveways, less than 1,000 feet apart, up to a maximum of 3 off premise advertising devices between such intersecting roadways; or
      2. b. Not less than 300 feet, measured along the traveled way from the nearest point of another lawfully permitted off premise advertising device if located in an area between 2 intersecting streets, not including alleys, undeveloped rights-of-way, private ways, or driveways, 1,000 feet or more apart;
   2. (2) Not less than 300 feet, measured along the traveled way from the nearest point of another lawfully permitted outdoor advertising device if located on either side of a non-limited access federal aid primary highway in municipalities of less than 4,000 in population;
   3. (3) Any 2 farm signs adjacent to both sides of a federal aid primary highway shall not be less than 1,000 feet apart; and
   4. (4) Farm signs shall not be located farther than 10 miles from the property where the activity advertised is located.

3. (c) No off premise advertising device shall be granted a permit if the device is attached, erected, or maintained in any of the following locations:

   1. (1) A point which would permit all or any portion of the device to encroach or overhang any portion of a state highway or state roadway right-of-way, contrary to RSA 236:15, except as provided in this part;
   2. (2) Upon a utility pole or tree or any other object of nature, contrary to RSA 236:75;
   3. (3) A point adjacent to an interstate, turnpike, or limited access federal aid primary highway which measures less than 500 feet from another legally erected off premise device, an interchange, or safety rest area, unless the devices are separated by a building or other obstruction so that only one device is visible from the main traveled way at any one time;
   4. (4) A point where the device obscures or otherwise physically interferes with an official traffic control sign, signal, or device; or
   5. (5) A point where the device obstructs or physically interferes with a driver’s view of approaching, merging, or intersecting traffic.

Source. #8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21 New. #14521, eff 2-27-26, EXPIRES 2-27-36