Wyo. Code R. 045-0003-16
General Agency, Board or Commission Rules
Chapter 16: Outdoor Advertising
Effective Date: 03/06/1997 to 08/31/2010
Rule Type: Superceded Rules & Regulations
Reference Number: 045.0003.16.03061997
Outdoor Advertising Chapter 16
Section 1. Authority. The Transportation Commission of Wyoming, pursuant to W. S. 24-10-105 is authorized to promulgate rules governing outdoor advertising along interstate and primary highway systems.
Section 2. Definitions. The following words or terms when used shall have the following meanings, unless the context clearly indicates otherwise:
(a) “Abandoned sign” means a sign that is obliterated, displays obsolete advertising message or is in need of repair for a period of nine continuous months.
(b) “Back-to-back sign” means a sign with two display surfaces mounted on a single structure with the display surfaces visible to traffic from opposite directions of travel. (See figure 1).
(c) “Blank sign” means a sign structure having no panel or face, or whose panel or face is not covered at least 50 percent in area by an advertising message for a period of 9 continuous months. If the sign structure has multiple display surfaces, a blank sign means a sign with either surface having an advertising message covering less than 50 percent of its area.
(d) “Commission” means the Transportation Commission of Wyoming.
(e) “Commercial or industrial activities” means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial activities:
(ix) Mobile home parks consisting primarily of blocked and skirted mobile homes;
(x) Activities conducted in violation of state and/or local law, ordinances or covenants.
(f) “Commercial or industrial zone” means those areas that are reserved for business, commerce, or trade pursuant to comprehensive local zoning ordinances or regulations, or enabling state legislation, including highway service areas in which the primary use of the land is reserved for commercial and roadside services other than outdoor advertising. To be accepted, any commercial or industrial zone shall be adopted in accordance with the County Zoning Act (W. S. 18-5-201 through 18-5-207).
(g) “Conforming sign” means a sign that is lawfully in place and complies with size, lighting, spacing requirements, and any other lawful regulations pertaining thereto.
(h) “Department” means Wyoming Department of Transportation.
(i) “Directional sign” means a sign identifying and containing directional information to public places owned or operated by federal, state or local governments or one of their agencies; a sign identifying and containing directional information to publicly or privately owned natural phenomena or historic, cultural, scientific, educational and religious sites; or a sign identifying and containing directional information to ranches, oil fields, missile sites, etc. located off highways where the side road is not signed by the Department. (See figures 3, 4, & 5)
(j) “Double-faced sign” means a sign with two display surfaces with multiple messages visible to traffic from one direction of travel. (See figure 1)
(k) “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 maintenance or repair of a sign structure.
(l) “Facings” means the total advertising surface of an outdoor advertising sign, display or device that is visible from the main-traveled way of the highway.
(m) “Illegal sign” means a sign that was erected or maintained in violation of the state law, the outdoor advertising rules and regulations, or local law ordinance.
(n) “Information center” means an area or site established and maintained at safety rest areas for the purpose of informing the public of places or interest within the state and providing such other information as the commission may consider desirable.
(o) “Interstate system” means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designed by the Commission and approved by the secretary of transportation pursuant to the provisions of Title 23, United States Code, “Highways”.
(p) “Maintain” means to allow to exist.
(q) “Main-traveled way” means the traveled way of a state 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, turning roadways, or parking areas.
(r) “Nonconforming sign” means a sign that was lawfully erected but does not comply with the provisions of the state law or regulations passed at a later date or later fails to comply with state law or regulations due to changed conditions.
(s) “Official signs” are signs maintained by public agencies, public utilities or nonprofit organizations. (See figures 6 & 7)
(t) “Off-premise sign” means an outdoor advertising sign that advertises an activity, service or product and is located in an area other than the premises at which such activity or service occurs or the product is sold or manufactured.
(u) “On-premise sign” means a sign consisting solely of the name of the establishment or identifying the establishment’s principal or accessory products or services offered on the property on which they are located.
(v) “Outdoor advertising” means any outdoor sign, display, light, device, figure, painting, drawing, plaque, poster, billboard, or other object is designed, intended or used to advertise or inform, and is visible from any place on the main-traveled way of the interstate or primary systems.
(w) “Primary system” means that portion of connected main highways, as officially designated or as may hereafter be so designated by the Commission and approved by the secretary of transportation pursuant to the provisions of Title 23, United States Code, “Highways”.
(x) “Poor state of repair” means an outdoor advertising unit has been damaged or allowed to deteriorate to the extent that the message and/or symbols are incomplete; the structure has been weakened, or parts of the face or structure have been detached and are free to be moved by the wind.
(y) “Safety rest area” means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public.
(z) “Unzoned Commercial or Industrial Area” means those areas within 660 feet of the nearest edge of the highway right-of-way that are not zoned by state or local law, regulation or ordinance and on which there is located one or more permanent structures devoted to a business or industrial activity and not predominantly used for residential purposes, or on which a commercial or industrial activity is conducted whether or not a permanent structure is located thereon. These areas shall extend along the highway for a distance of 600 feet on either side of the activity and those lands directly opposite on the other side of the highway to the extent of the same dimensions, provided those lands on the opposite side of the highway are not deemed scenic or having aesthetic value as determined by the Department. In determining such an area, measurements shall be made from the furthest or outermost edges of the regularly used area of the commercial or industrial activity, structures, normal points of ingress and egress, parking lots, storage and processing area constituting an integral part of such commercial or industrial activity. All signs located within an unzoned area shall become nonconforming if the commercial or industrial activity used in defining the area ceases for a period of six months. (See figure 8)
(i) For the purposes of defining an unzoned commercial or industrial area, the commercial or industrial activity must be a business that is presently active and can be easily recognizable as a commercial or industrial activity. The business will not qualify if:
(A) The majority of the business activity is not actually conducted on the premises during normal business hours.
(B) It is not connected to one or more utilities.
(C) It is not reasonably accessible to the public.
(D) The business is located either partially or totally within an area that has been zoned other than commercial or industrial by local government zoning authority.
(E) The business activity is conducted in a building principally used as a residence.
(F) The commercial or industrial activity is engaged in or established primarily for the purpose of qualifying an area for displaying outdoor advertising.
(G) The business activity and land use is not characteristic of that generally permitted in areas which are actually zoned commercial or industrial under the authority of state or local law, regulations or ordinances.
(ii) Following are typical non-qualifying business activities:
(A) Local, county, state or federal governmental office or entity.
(B) Enterprises such as nursing homes, child care centers, hospitals, retirement centers, airports, golf courses, rodeo grounds, fairgrounds.
(C) Non-profit organizations, service clubs, membership organizations, or any other private or semi-private organization, association or entity that is not established for commercial profit purposes such as country clubs, trap clubs, and veterans clubs.
(aa) “V-type sign” means two signs erected independently of each other or attached to each other with multiple display surfaces having messages visible to traffic from opposite directions, with an interior angle between the two signs of not more than 120 degrees and the signs separated by not more than 10 feet at the nearest point. (See figure 2)
(bb) “Visible” means capable of being seen, whether or not legible, without visual aid by a person of normal visual acuity.
No outdoor advertising that is visible from the main-traveled way of the interstate or primary highways may be erected or maintained except:
(a) Signs maintained by public agencies and public utilities, directional or other official signs or notices that are required or authorized by law, including but not limited to, signs pertaining to natural wonders, scenic and historic attractions.
(b) On-premise signs which includes signs, displays and devices advertising the sale or lease of property upon which they are located; and signs, displays and devices advertising activities conducted on the property upon which they are located.
(c) Off-premise signs which includes signs, displays and devices located in areas which are adjacent to and within 660 feet of the nearest edge of the highway right-or-way and are zoned industrial or commercial areas under the authority of law.
(d) Off-premise signs which includes signs, displays and devices located in areas that are adjacent to and within 660 feet of the nearest edge of the highway right-or-way and are unzoned industrial or commercial areas under the authority of law. Actual land uses will determine the unzoned industrial or commercial areas.
(e) All off-premise outdoor advertising signs located beyond 660 feet of the highway right-of-way within urban boundaries as defined by the Commission are not controlled by the state outdoor advertising law.
(i) A single face outdoor advertising sign shall not exceed a maximum length of 60 feet, a maximum height of 25 feet, or a maximum area of 1200 square feet.
(ii) A double-face outdoor advertising sign shall not exceed a total of 650 square feet. Neither face shall exceed 325 square feet.
(i) No more than two facings visible and readable from the same direction on the main-traveled way may be erected on any one sign structure that is defined as a double-faced sign.
(ii) Double-faced, back-to-back, and V-type signs shall be considered one structure and require one permit.
Unshielded lighting or signs with flashing, intermittent or moving light or lights are prohibited.
(i) Signs may not be erected 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.
(ii) Signs may not be located within 500 feet of any public park, forest, playground, cemetery, or scenic area designated by the Department or other state agency that is adjacent to the highway unless such signs are in an incorporated area.
(iii) No signs may be located on railroad right-of-way in areas where the railroad right-of-way intersects the right-of-way of the highway system. (See figure 9)
(iv) Outside of incorporated villages and cities, signs may not be located within 500 feet of the following, measured from the point of pavement widening, for the longest “on” or “off” interchange ramp in both directions:
(B) Intersection at grade
The spacing requirements for outdoor advertising in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:
(A) Interstate highways: No new off-premise sign shall be erected closer than 500 feet to an existing off-premise sign either inside or outside incorporated villages and cities.
(B) Primary highways: No off-premise sign shall be erected closer than 100 feet from an existing off-premise sign within incorporated villages and cities. Outside of incorporated villages and cities, no off-premise sign shall be erected closer than 300 feet from an existing off-premise sign.
(C) The above spacing requirements do not apply to 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. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the nearest sign support along each side of the highway and shall apply only to structures located on the same side of the highway.
(D) The spacing requirements of this section do not apply to on-premise, directional, or official signs, nor shall measurements be made from such signs.
An outdoor advertising sign shall not be created that exceeds an overall height of 40 feet measured from the highest point of the sign to the grade level of the highway from which the sign is to be viewed. If the ground level at the sign location is higher than the highway grade level, the 40-foot mounting height criteria may be increased by no more than needed for sign visibility. Commission approval for exceeding the 40-foot overall mounting height is required. (See figure 10)
(a) The message on a directional sign shall be limited to identification of the site and directional information useful in locating the site, such as mileage, route number or exit number. Descriptive words, phrases, pictorial representations and logos are prohibited.
(i) Directional signs prohibited:
(A) Signs advertising any unlawful activity.
(B) Signs that obscure any official traffic control device or interfere with a driver’s view of approaching, merging or intersecting traffic.
(C) Signs that are erected or maintained upon trees, drawn upon rocks or other natural features.
(D) Signs whose directional messages refers to sites no longer in existence.
(E) Signs that are structurally unsafe or in disrepair.
(F) Signs with unshielded lighting or signs with flashing, intermittent or moving light or lights.
(G) Signs located in rest areas, parklands, or scenic areas.
(H) Signs with a commercial advertising legend or symbol.
(b) Directional signs type I and II: Type I directional signs contain directional information to public places owned or operated by federal, state or local governments or areas deemed by the commission to be of interest to the traveling public. Type II directional signs contain directional information to privately owned natural phenomena; historical, cultural, scientific, religious, or educational sites; or areas suited for outdoor recreation or areas deemed by the Commission to be of interest to the traveling public. (See figures 3 & 4)
(c) Both type I and type II directional signs must be permitted.
(i) Type I and II size:
(A) Type I and II directional signs shall not exceed an area of 150 square feet, or the maximum height of 20 feet or maximum length of 20 feet.
(ii) Type I and II location/spacing:
(A) Signs shall not be located closer than 2000 feet to a rest area, parkland, scenic area or to an interchange or intersection at grade, measured from the point of widening at the entrance or exit from the main-traveled way.
(B) Directional signs facing the same direction of travel must be spaced more than one mile apart.
(C) No more than three type I directional signs relating to the same activity may be erected along a single route approaching the activity.
(D) No directional signs located adjacent to the interstate highway shall be located more than 75 air miles from the attraction or activity. Signs adjacent to primary highways must be within 50 air miles of the attraction or activity.
(A) A site shall be regionally or nationally known. To qualify as being regionally known, the site must be known within the entire state of Wyoming and any state contiguous to Wyoming.
(B) The site must be of outstanding interest to the traveling public, having substantial number of tourists visiting. The dominant attraction shall be for the benefit and enlightenment of the traveling public and not tourist-oriented roadside business.
(C) The site must be within 10 miles of the state highway access on an adequate all weather road. If the activity is clearly visible from the highway access, “on-premise” signs will suffice.
(D) Any attraction or activity that has official highway signs on the right-of-way shall not qualify for directional signs on private property along that respective route.
(E) Historical sites, in addition to (A) through (D), must be listed in the national registry of historical places.
(F) Educational or cultural sites, in addition to (A) through (D), shall comply with one of the following: 1) site where intellectual faculties are developed; or 2) site where characteristic features of a particular stage in the advancement of civilization took place; or 3) site where the advancement of education is forwarded; or 4) site containing a structure that is significant in the field of education; which has architectural value, or is the surviving structure most importantly associated with a historically significant person or event.
(G) Scientific sites, in addition to (A) through (D), shall be sites or institutions for the systematic study of scientific principals where the formulation and testing of hypotheses takes place.
(H) Religious sites, in addition to (A) through (D), shall comply with one of the following: 1) site shall be related to religious activities pertaining to customs of a particular culture; or 2) site where religious activity of historical or cultural significance took place, but the site is not currently used for worship.
(I) Natural phenomena sites, in addition to (A) through (D), must be created by nature such as caves, unusual rock formations, water falls, etc., as distinguished from man-made sites.
(J) Outdoor recreation sites, in addition to (A) through (D), shall comply with one of the following: 1) site shall have a minimum of five acres, 50 percent of which must be unoccupied open space accessible to the public; or 2) site shall have picnic area, tables, benches, litter barrels, drinking water and sanitary facilities; or 3) site shall have adequate maintenance staff to keep facilities in a clean and sanitary condition; or 4) site shall have one or more of these facilities: public boat landing, supervised swimming area, accessible to public fishing, campground, golf course, tennis court, or playground.
(A) Type III directional signs contain directional information to ranches, oil fields, missile sites, etc., that are located off highways where the side road is not signed by the Department. (See figure 5)
(A) Type III directional signs shall not exceed an area of 32 square feet.
(B) The sign must be within 500 feet of the approach road.
(C) Only one sign is permitted per activity and may be placed on a back-to-back installation.
(D) The sign must be on the same side of the highway as the activity.
(E) The location of all type III directional signs must be approved by the Commission prior to erection.
(F) A permit is not required for a type III directional sign.
Type I official signs are signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction for the purposes of carrying out an official duty or responsibility, and shall not be any larger in size than necessary to adequately inform the traveling public. The location of official signs type I shall be approved by the commission prior to erection but are not required to have an advertising permit. (See figure 6)
Type II official signs are signs and notices relating to meetings of nonprofit service clubs or charitable associations, or religious services whose size shall not exceed an area of eight square feet. The message content is limited to the name of the organization and the meeting times. No more than one such sign may be erected in each approach direction of traffic. The location of official signs type II shall be approved by the Commission prior to erection but are not required to have an advertising permit. (See figure 7)
(a) On-premise signs are signs that are defined and limited to signs advertising on-premise activities only. On-premise signs are further defined as follows:
(i) Signs that advertise the sale or lease of the property on which it is located;
(ii) Signs advertising a principal product sold, a service rendered, or an activity conducted on the specific property on which the sign is located;
(iii) Signs that identify the goods produced on the property, or name of the business, the name of the person, firm, corporation or agency occupying the property.
(b) “On-premise” qualifying criteria:
The premises on which any activity is conducted is determined by the physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces arranged to be used in connection with such buildings. Generally, the property may be defined as a parcel of land on which is a regularly used building, and/or service, and/or repair, and/or processing, and/or storage, and/or parking area used in conjunction with the on-premise activity.
(c) The following land uses 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-premise” outdoor advertising and subject to permit regulations.
(i) Any land that cannot be reasonably used as an integral part of the business. This would include, but not be limited to, land which is separated from the activity by a roadway, highway or other obstruction and is not used as an integral part of the business. The same would apply to undeveloped highway frontage adjacent to the land actually used by the advertised activity.
(ii) Any vacant land or land that is used for a purpose unrelated to the advertised activity. (Example: land adjacent to or adjoining a service station but devoted to farming or ranching, residence or other commercial or industrial uses having no relationship to the service station activity).
(iii) Any land occupied solely by structures or uses that are only incidental to the principal activity and serves no other purpose than to attempt to qualify the land for signing purposes.
(iv) Where the sign site is located at or near the end of a narrow strip adjacent to the advertising activity, the sign site shall not be considered part of the premises. 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.
(d) Examples of prohibited “on-premise” displays:
(i) A sign advertising a product or service that is provided on the property but is not incidental to the principal purpose of the business. (Example: a sign located on top of a service station advertising cigarettes).
(ii) A sign that advertises products, activities, or services conducted on the property but also advertises activities which are not performed on the property. (Example: a sign advertising a motel not located on the property with an additional message “rock shop here”. The on-premise activity would be only the rock shop.)
(iii) A sale or lease sign advertising a product or service not located on the property and which is unrelated to the business of selling or leasing the property on which the sign is located. (Example: a sign advertising an off-premise restaurant with the message “this property for lease -- apply at ...”.)
(a) A permit must be obtained for each advertising structure prior to the construction of any sign. If a structure or sign has been erected before a permit has been issued, the structure or sign shall be deemed unlawful. Signs exempt from permits are on-premise, official and type III directional signs, although official and type III directional signs require written permission from the Commission prior to erection.
(b) Each permit issued shall be assigned a separate identification number on a permanent tag provided by the commission. The permit tag must be affixed to the lower corner of the sign face nearest the right-of-way line or to the face of the upright, leg, or pole of the structure nearest the right-of-way line. The permit tag must be visible from the nearest point of the highway. A sign that fails to have the permit tag affixed is not in compliance and is subject to revocation and removal by the Commission.
(c) If the original permit tag becomes lost, damaged, or unreadable, the permit holder must request a replacement tag. A replacement tag bearing the original permitted number will be provided by the Commission at a cost of $25.00 each.
(d) Outdoor advertising signs may have affixed the sign owner’s name, address, logo or trade name on a separate name panel of wood or metal construction fastened to the sign or sign structure. A commercial sign company shall limit its name plate to its logo or trade name only, provided that the logo or trade name is as indicated on all the company’s outdoor advertising permit applications.
(e) Sign structures bearing permit tags for signs other than the sign for which they were issued shall be in violation.
(f) Permit holders must give written notification to the Commission when the sign structure has been erected.
(g) Sign permits may be transferred from the current sign owner to a new owner upon written notification to the Commission from the current sign owner.
(a) A separate application for a permit shall be made for each separate outdoor advertising structure, sign or display, on an application form furnished by the Department which shall contain information as the Department may require. Each application shall be accompanied by the following:
(i) A nonrefundable application fee specified by W.S. 24-10-107.
(ii) Written consent of owner or occupant of the real property upon which the structure, sign or display is to be erected or maintained.
(iii) A statement from the appropriate zoning authority verifying the zoning classification of the proposed sign site in each city and/or county where zoning laws are enforced if the sign location is in an area zoned commercial or industrial.
(iv) A zoning map or a location diagram of the sign location showing the highway route number and such physical features and other stationary landmarks necessary to adequately describe the location. The zoning map or sketch will also indicate the distance in feet from the sign location to the nearest milepost marker and the spacing between the sign location and any existing off-premise sign and/or commercial/industrial activity used to define the area.
Prior to submitting an application, the applicant shall stake the location of the proposed sign and attach to the stake the applicant’s name and address. The stake shall be located at the proposed location of the sign support closest to the highway right-of-way and must be visible from the highway. Each pending application location may be field checked for compliance with the state law and regulations by the Commission before application approval. After approval the applicant shall in some manner display the permit number, excluding the permit tag, on the location stake.
Each permit shall be valid for an initial period of three years and shall be renewed annually thereafter. Permits for type I directional signs will be renewed at no cost to the owner agency. Permit renewal fees will become delinquent 30 days after the annual renewal date. On becoming delinquent, such sign structures will be unlawful and must be removed.
(a) All signs, including official and directional signs, must be maintained in a safe condition and in a sound state of repair. Signs in an unsafe condition or poor state of repair, if not repaired upon notice, will be removed by the Commission. Relocation of advertising signs will not be permitted since outdoor advertising permits are issued for specific locations. The Commission will consider written requests to improve conforming signs and structures and will grant approval if appropriate.
(b) Nonconforming signs and structures: advertising messages may be changed and structures may be repaired, but they shall not be improved in a manner that would increase the value of the structure. Some examples of improvement that are not approved for nonconforming signs are:
(i) Addition of lighting.
(ii) Revision of the structure from wood to steel posts.
(iii) Increase the size of the original sign face by attaching additional signs, or increasing the size of the existing sign face.
(c) Such improvement of a structure will cause its permit to be revoked.
(d) A nonconforming sign or structure may not be replaced unless destroyed by vandals, fire, wind, or other acts of God. Prior approval of the Commission must be obtained before replacing an entire structure.
(a) Any of the following reasons are violations that can cause a sign to be unlawful and the permits or renewals to be revoked or denied. Upon the revocation of any permit, the sign for which it was issued constitutes unlawful advertising and must be removed.
(i) Outdoor advertising maintained without a permit or Commission approval.
(ii) Outdoor advertising that is in an unsafe condition or in poor repair.
(iii) Outdoor advertising erected after March 5, 1971, contrary to the terms of the Outdoor Advertising Act.
(iv) Outdoor advertising not in compliance with the size limits and/or spacing limits.
(v) Outdoor advertising maintained under a permit issued pursuant to an applicant’s false and misleading statement.
(vi) Outdoor advertising hindering the clear, unobstructed view of approaching or merging traffic, obstructing the view of any traffic sign or other official sign, or signs imitating a traffic sign.
(vii) Outdoor advertising with unshielded lighting or signs with flashing, intermittent or moving light or lights.
(viii) Directional signs type I, type II, type III with a commercial advertising legend or symbol.
(ix) Outdoor advertising that is erected or repaired from within the highway right-of-way.
(x) A sign that is blank or abandoned for a period of nine continuous months.
(xi) A sign once removed from a permitted location becomes unlawful to replace.
(xii) Outdoor advertising painted or affixed to any natural feature.
(xiii) Permitted outdoor advertising that does not display the assigned permit number tag.
(xiv) Failure to renew a permit within 30 days after the expiration of the permit period.
(xv) To otherwise be in violation of the state law or regulations promulgated by the Commission.
(b) When the Commission determines that a violation of outdoor advertising has occurred, the Commission shall give written notice of the violation by certified mail to the permit holder and specify that remedial action shall be taken within 30 days or the permit will be revoked and action for removal of the sign commenced.
(a) The procedures for sign removal are set forth in W. S. 24-10-109 and include the following:
(i) Removal notice be given by certified mail to the sign owner and owner or occupant of the land. If the owner of the sign is unknown, notice will be posted on the structure in a conspicuous place.
(ii) The owner of the land or the structure may make written request within but no later than 15 days after receipt of the removal notice for a formal or an informal hearing before the Commission. Upon receipt of the written hearing request, the Commission shall set a date for a hearing within 30 days.
(iii) A formal hearing shall be governed by Chapter 3, Appeals and Hearings, and a copy of these rules will be furnished each owner requesting a hearing.
(iv) If a hearing before the Commission is not requested, or if there is no appeal taken from the Commission’s decision at such hearing, or if the Commission’s decision is affirmed on appeal, the Commission shall immediately remove the offending outdoor advertising at its own expense with no compensation to the owner.
Local ordinances, regulations or resolutions more restrictive than the provisions of the Outdoor Advertising Act are not affected by these rules.
All outdoor advertising that does not conform to the requirements of the outdoor advertising act are declared to be in violation of the act and are declared public nuisances. Individuals observing violations of the Outdoor Advertising Act are urged to report their complaints immediately to the nearest Department office. Any person violating this Act shall be guilty of a misdemeanor.
Rules and regulations promulgated by the Federal Highway Administration pursuant to Federal Statutes, 23 U.S.C., Section 131 as amended shall supersede these rules and regulations wherein they are conflicting or more restrictive.