Wyo. Code R. 045-0003-16
Chapter 16: Outdoor Advertising
Effective Date: 06/01/1993 to 03/06/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 045.0003.16.06011993
Date Filed 06/01/93
Expr Date
Supr Date
Repeal Date
Document Type RULES
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. For the purpose of these rules and regulations, unless the context otherwise requires, the following terms shall be construed to mean:
(a) Abandoned Sign: One in which no one has an interest. An example of an abandoned sign in Wyoming might be a sign that has displayed obsolete advertising material or has been totally or partially obliterated for over 12 continuous months or shows signs of other economic obsolescence. The continued need of substantial repairs might also be deemed to constitute abandonment.
(b) Blank or Painted Out Signs: Those signs which have been totally or partially obliterated or painted out so as not to identify any particular product, service or facility.
(c) Commission: The Transportation Commission of Wyoming.
(d) Commercial or Industrial Activities for Purposes of Unzoned Commercial or Industrial Areas: 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:
(i) Outdoor advertising structures.
(ii) Agricultural, forestry, grazing, farming and related activities including but not limited to wayside fresh produce stands.
(iii) Transient or temporary activities.
(iv) Activities not visible from the main traveled way.
(v) Activities conducted in a building principally used as a residence.
(vi) Railroad tracks and minor sidings.
(vii) Mineral extraction in the form of oil wells, pumping stations, transfer stations, etc.
(viii) Activities located more than six hundred sixty (660) feet from the highway right-of-way.
(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.
(e) Commercial or Industrial Zone: Those areas which 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 or 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).
(f) Department: Wyoming Department of Transportation.
(g) Destroyed Sign: A sign damaged by natural elements such as wind, fire, earthquake, flood, etc.
(h) Directional Signs:
(i) Directional Signs Type I are signs containing 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.
(ii) Directional Signs Type II are signs containing directional information to privately owned natural phenomena, historical, cultural, scientific, religious, or educational sites; areas suited for outdoor recreation or areas deemed by the Commission to be of interest to the traveling public.
(iii) Directional Signs Type III are signs containing directional information to ranches, oil fields, missile sites, etc., located off highways where the side road is not signed by the Department.
(i) Discontinued Sign: One which has been blank or which has stood without any advertising copy or message for a period of twelve (12) continuous months. The terms abandonment and discontinued are quite often used synonymously.
(j) Erect: 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.
(k) Information Center: An area or site established and maintained at rest areas for the purpose of informing the public of places of interest within the State and providing such other information as the Commission may consider desirable.
(l) Maintain: to allow to exist.
(m) Main-traveled Way: 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.
(n) Nonconforming Sign: A sign which was lawfully erected but which does not comply with the provisions of the state law or regulations passed at a later date or which later fails to comply with state law or regulations due to changed conditions.
(o) Official Signs: 'Official Signs Type I' are signs maintained by public agencies and public utilities. 'Official Signs Type II' are signs maintained by nonprofit organizations.
(p) Off-Premise Signs: Signs which are located on property separate and apart from the property on which the advertised activity is carried out.
(q) On-Premise Signs: Signs erected on property for the purpose of advertising its sale or lease, or for advertising the principal activity conducted on the property. Refer to Section 9.
(r) Outdoor Advertising: Any outdoor sign, display, light, device, figure, painting, drawing, message, placard, poster, billboard, or any other thing which is designed, intended, or used to advertise or inform and which is visible from any place on the main-traveled way of the interstate or primary systems.
(s) Poor State of Repair: When 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, the unit will be declared to be in a 'poor state of repair.'
(t) Rest Area: 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.
(u) Sign: This term shall be construed as synonymous with 'Outdoor Advertising' as defined in subparagraph (r).
(v) Sign Structures Without Advertising Content: Those signs which fail to identify any particular product, service or facility.
(w) Unzoned Commercial or Industrial Area: Those areas not zoned by state or local law, regulations or ordinance which are occupied by one or more industrial or commercial activities, within six hundred sixty (660) feet of the highway right-of-way and visible from the travelway. This area shall extend along the highway for a distance of six hundred (600) feet from the industrial or commercial 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.
(x) Visible: Capable of being seen, whether or not legible, without visual aid by a person of normal visual acuity.
Section 3. Erection and Maintenance of Signs. No outdoor advertising shall be erected or maintained which is visible from the traveled way of the interstate or primary highways of this State except:
(a) Official signs and directional signs.
(b) On-premise signs.
(c) Signs located in areas which are zoned industrial or commercial, within six hundred sixty (660) feet adjacent to the highway right-of-way.
(d) Signs located in unzoned commercial or industrial areas, within six hundred sixty (660) feet adjacent to the highway right-of-way, as approved by the Commission. Signs located in an unzoned commercial or industrial area will become nonconforming if the commercial or industrial activity used in defining the area ceases for a period of six (6) months. The signs under this section must not violate the standards of size, lighting or spacing and must have a permit affixed.
(e) Within urban areas all off-premise outdoor advertising within 660 feet of the highway right-of-way must meet all requirements of the local government agency having jurisdiction over the area, except that no two structures shall be spaced less than 100 feet apart unless said structures are not simultaneously visible from the travelway.
(a) Advertising messages may be changed and structures may be repaired, on nonconforming signs, but they shall not be improved or replaced by a new structure. Improvements or the replacement of a structure will cause its permit to be revoked. Some examples of improvement are:
(i) Replacement of the entire sign structure.
(ii) Addition of lighting.
(iii) Revision of the structure from wood to steel posts.
(iv) Increase the size of the original sign face by attaching additional signs, or increasing the size of the existing sign face.
(b) The Commission will consider requests, in writing, to improve signs and structures in conforming areas, and will grant approval if appropriate.
(c) 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.
(d) Relocation of advertising signs will not be permitted since outdoor advertising permits are issued for specific locations.
(e) All signs located on leased property must be maintained under a lease agreement with the landowner.
(a) Outdoor advertising sign faces shall not exceed the following limits:
(i) Maximum area = twelve hundred (1200) square feet.
(ii) Maximum length = sixty (60) feet.
(iii) Maximum height = twenty-five (25) feet.
(b) No more than two advertising displays visible and readable from the same direction on the main-traveled way may be erected on one sign structure. When two facings are so positioned, neither shall exceed three hundred twenty-five (325) square feet. When two advertising displays are visible and readable from the same direction of travel, the total maximum advertising area is 650 square feet.
(c) Double-faced, back-to-back, and V-Type signs shall be considered one structure and require one permit.
(d) Sign Spacing
(i) Interstate and primary highways with full access control; New signs shall not be erected closer than five hundred (500) feet to an existing off-premise sign adjacent to an interstate highway or primary highway with full access control unless the signs are not simultaneously visible and are separated by a building or other enclosed structure.
(ii) Outside of incorporated villages and cities signs may not be located within five hundred (500) feet of the following, measured from the point of pavement widening, for the longest 'on' or 'off' interchange ramp in both directions:
(A) interchange
(B) intersection at grade
(C) rest areas
(iii) Limited access primary highways, in areas zoned industrial or commercial; or in designated, unzoned commercial or industrial area. Outside of incorporated villages and cities, no two structures shall be spaced less than 300 feet apart. Within incorporated villages and cities, no two structures shall be spaced less than 100 feet apart.
(iv) The above spacing requirements do not apply to structures which are separated by buildings or other obstructions in such a manner that only one sign facing is visible at any one time from the travelway.
(v) Interstate and primary. 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.
(vi) Signs may not be located within five hundred (500) feet of any of the following, which are adjacent to the highway, unless such signs are in an incorporated area:
(A) public parks
(B) public forests
(C) public playgrounds
(D) scenic areas designated as such by the Department or other State agencies. (E) cemeteries
Section 6: Directional Signs.
(a) Types of Directional Signs (i) Directional Signs Type I are signs containing 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.
(ii) Directional Signs Type II are signs containing directional information to privately owned natural phenomena, historical, cultural, scientific, religious, or educational sites, areas suited for outdoor recreation or areas deemed by the Commission to be of interest to the traveling public.
(iii) Directional Signs Type III are signs containing directional information to ranches, oil fields, missile sites, etc., located off highways where the side road is not signed by the Department.
(i) Signs advertising any unlawful activity
(ii) Signs which obscure any official traffic control device, or interfere with a driver's view of approaching, merging or intersecting traffic.
(iii) Signs which are erected or maintained upon trees, drawn upon rocks or other natural features.
(iv) Signs whose directional message refers to sites no longer in existence.
(v) Signs which are structurally unsafe or in disrepair.
(vi) Signs with unshielded lighting or signs with flashing, intermittent or moving light or lights, or moving or animated parts. Including, but not limited to, commercial electronic variable message signs.
(vii) Signs located in rest areas, parklands, or scenic areas.
(viii) Signs with a commercial advertising legend or symbol.
(i) Directional Signs Type I shall not exceed an area of one hundred-fifty (150) square feet, and not exceed twenty (20) feet in either height or length.
(ii) Directional Signs Type II shall not exceed an area of one hundred-fifty (150) square feet, and not exceed twenty (20) feet in either height or length.
(iii) Directional Signs Type III shall not exceed an area of thirty-two (32) square feet.
(i) Type I and Type II Directional Signs
(A) Signs shall not be located closer than two thousand (2000) feet to an interchange or intersection at grade, measured from the point of widening at the entrance or exit from the main-traveled way. Signs shall not be located closer than two thousand (2000) feet from a rest area, parkland, or scenic area.
(B) Directional signs facing the same direction of travel must be spaced more than one (1) mile apart.
(C) No more than three (3) directional signs relating to the same activity may be erected along a single route approaching the activity.
(D) Directional signs located adjacent to interstate highways must be within seventy-five (75) air miles of the activity. Signs adjacent to primary highways must be within fifty (50) air miles of the activity.
(E) Permits are required on Type I and Type II Directional Signs.
(A) Sign must be within five hundred (500) feet of approach road.
(B) One sign permitted per activity, may be a back-to-back installation.
(C) Sign must be on the same side of the highway as the activity.
(D) At such time that the side road is signed by the Department, all existing Type III Directional Signs shall be removed.
(E) The location of all Type III Directional Signs must be approved by the Commission prior to erection; however, advertising permits are not required.
(i) The message 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) 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.
(ii) Site must be of outstanding interest to the traveling public, having substantial numbers of tourists visiting.
(iii) Dominant attraction shall be for the edification and enjoyment of traveling public and not tourist-oriented roadside business.
(iv) Site must be within 10 miles of the state highway access on an adequate all weather road.
(v) If the activity is clearly visible from the highway access, 'On-premise' signs will suffice.
(vi) 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.
(i) Must meet criteria listed under Section 6 (f) and
(ii) Must be listed in the National Registry of Historical Places.
(i) Must meet criteria listed under Section 6 (f) and shall comply with one of the following:
(A) Site where intellectual faculties are developed, or
(B) Site where characteristic features of a particular stage in the advancement of civilization took place, or
(C) Site where the advancement of education is forwarded, or
(D) Site containing a structure which is significant in the field of education; which has architectural value, or which is the surviving structure most importantly associated with a historically significant person or event.
(i) Must meet criteria listed under Section 6 (f); and
(ii) Shall be sites or institutions for the systematic study of scientific principals where the formulation and testing of hypotheses takes place.
(i) Must meet criteria listed under Section 6 (f); and
(ii) Shall comply with one of the following:
(A) Site shall be related to religious activities pertaining to customs of a particular culture, or
(B) Site where religious activity of historical or cultural significance took place, but the site is not currently used for worship.
(i) Must meet criteria listed under Section 6 (f) and
(ii) The site must be created by nature such as caves, unusual rock formations, water falls, etc., as distinguished from man-made sites.
(i) Must meet criteria listed under Section 6 (f) and shall comply with the following:
(A) Site shall have a minimum of five (5) acres, 50 percent of which must be unoccupied open space accessible to the public.
(B) Site shall have picnic area, tables, benches, litter barrels, drinking water and sanitary facilities.
(C) Site shall have adequate maintenance staff to keep facilities in a clean and sanitary condition.
(D) Site shall have one or more of the following: Public boat landing, supervised swimming area, accessible to public fishing, campground, golf course, tennis court, playground.
(i) Official Signs Type I are signs maintained by public agencies and public utilities. (ii) Official Signs Type II are signs maintained by nonprofit organizations.
(i) Official Signs Type I size as necessary to adequately inform the traveling public. (ii) Official Signs Type II size shall not exceed an area of eight (8) square feet.
(i) The location of Official Signs Type I shall be approved by the Commission prior to erection; however, advertising permits are not required. Such signs must be erected within the agencies territorial or zoning jurisdiction, which are customarily erected and maintained as essential to their operations.
(ii) The location of Official Signs Type II shall be approved by the Commission prior to erection; and no more than one (1) such sign may be erected in each approach direction of Traffic.
Section 8. Permits. Permits are required on all outdoor advertising except On-Premise, Official and Type III Directional Signs. Type I and Type II Directional Signs must have a permit affixed.
(a) An on-premise sign is a sign which advertises the sale or lease of the property on which it is located, or a sign advertising a principal product sold, a service rendered or an activity conducted, on the specific property on which the sign is located. Signs which identify the goods produced on the property, name of the business, name of the person, firm, corporation, or agency, occupying the property are on-premise signs.
(b) When a sign is, or is proposed to be constructed to attract the attention of motorists from the main-traveled way of an interstate or primary highway, these provisions shall be used to determine if such sign is located on-premise.
(c) 'On-Premise' involves physical facts rather than property lines. It is not necessarily determined by single ownership, but includes all property devoted to the activity to which the signs relate. Generally, the property may be defined as a parcel of land occupied by one building and the accessory buildings incident to it including open spaces arranged to be used in connection with the building.
(i) Examples of off-premise advertising are signs which are located on:
(A) Any land which cannot be reasonably used as an integral part of the business.
(B) Property which is separated by a highway or other obstruction and which is not used as an integral part of the business.
(C) Vacant or unused land which serves no use related to the business and which could be developed.
(ii) If the land lying between the sign and the business is used for a purpose that is not directly related to the business advertised, or the sign is located near the end of a strip adjoining the business developed for other facilities or not developed for any purpose, the sign shall not be considered on-premise.
(iii) In situations where the land lying between the sign and the advertised activity is used for farming, ranching, or commercial or industrial uses not related to the business, the sign is not on-premise.
(iv) A sign located on a strip of land which cannot be put to any reasonable use related to the business other than for advertising purposes cannot be considered on-premise.
(b) Some specific examples of signs that are not on-premise are:
(i) A sign advertising a product or service provided on the property is not an on-premise sign if the product or service is not incident to the principal purpose of the business. For example, a sign located on top of a motel advertising cigarettes which are sold in a vending machine on the property would not be an 'On-premise' sign.
(ii) A sign advertising products, activities, or services not sold or performed on the property is not an 'On-premise' sign. For example, a sign advertising a motel not located on the property with a notation stating 'Rock Shop Here.' The on-premise activity would be only the Rock Shop.
(iii) A sign advertising products or services unrelated to the selling or leasing of the property is not an on-premise sign offering the sale or lease of the property. For example, a sign advertising a restaurant, an off-premise activity, with a notation or attachment stating: 'This property for lease-apply at ...', would not be considered an on-premise sign.
Section 10. Application for Permit. Permit applications must be submitted on Commission forms according to the directions set forth on the forms. Application forms are available at all Department offices.
(a) A permit must be obtained for each advertising structure, except those exempted in Section 8. Each application must be accompanied by a fee of ten dollars ($10.00) and written permission from the landowner. If the area is zoned commercial or industrial in accordance with state law, written verification of the zoning from the city or county zoning authority, must also be provided. If the area is in an unzoned commercial or industrial area, a sketch of the area showing the commercial or industrial activity used to define the area, must be submitted.
(b) Each permit shall be valid for an initial period of three (3) years. Thereafter, permits shall be renewed annually at a cost of five dollars ($5.00).
(c) Permits for Directional Signs Type I will be issued and renewed at no cost to owner agency.
(d) All permits must be permanently affixed to the outdoor advertising in a position readily visible from the highway.
(e) Advertising signs must be erected within one year of the date permit is issued or the permit will be revoked.
(f) Official and Type III Directional Signs do not require a permit but do need written permission from the Commission prior to erection.
(a) The following outdoor advertising is unlawful:
(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 maintained on public or private property without the landowner's written authorization.
(iv) Outdoor advertising erected after March 5, 1971, contrary to the terms of the Outdoor Advertising Act.
(v) Outdoor advertising not in compliance with the size limits and/or spacing limits.
(vi) Outdoor advertising maintained under a permit issued pursuant to an applicant's false and misleading statement.
(vii) 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.
(viii) Outdoor advertising with unshielded lighting or signs with flashing, intermittent or moving light or lights, or moving or animated parts. Including, but not limited to, off-premise commercial electronic variable message signs, and vibrating or fluttering reflective discs.
(ix) Directional Signs Type I, Type II, Type III with a commercial advertising legend or symbol.
(x) Outdoor advertising which is erected or repaired from within the highway right-of-way.
(xi) Blank or painted out signs and sign structures without advertising content if continued for a period of one (1) year.
(xii) A sign once removed from a permitted location becomes unlawful to replace.
(xiii) Outdoor advertising painted or affixed to any natural feature.
(b) Owners of signs under any of the above (i) through (xiii) shall, upon being notified by certified mail of the violation must take the remedial action specified within thirty (30) days, or the permit, or Commission approval will be revoked.
(c) Procedures when outdoor advertising is deemed unlawful shall be as set forth by W.S. 24-10-109.
(i) The Commission shall give notice by certified mail addressed to the owner or occupant of the land and the owner of the outdoor advertising of its intention to remove the sign. If the owner of the sign is unknown, notice will be posted on the structure in a conspicuous place.
(ii) The owner may, not later than fifteen (15) days after receipt of notice, make a written request for a formal or an informal hearing before said Commission.
(iii) Upon receipt of the request, the Commission shall set a date for the hearing. The date of the hearing will be set within thirty (30) days of the request and the owner will be given adequate time to prepare for the hearing.
(iv) A formal hearing shall be governed by Chapter III, Appeals and Hearings. A copy of these rules will be furnished each owner requesting a hearing.
(v) Should the owner not request a hearing or if there is no appeal from the Commission's decision, or if the Commission's decision is affirmed on appeal, the Commission will immediately remove the offending sign at its own expense, with no compensation to the owner.
(a) Sign structures which have been blank or painted out or have obsolete advertising for a period of one year shall be deemed unlawful and shall be removed, as said sign structures without faces or blank or painted out signs will be considered abandoned, or discontinued.
(b) A sign partially obliterated by the owner so as not to identify any particular product, service or facility will not be considered as having advertising or informative content, and therefore, will be considered a blank or painted out sign. An 'available for lease' or other similar message will not be considered as informative content.
Section 13. Destroyed Signs. Any sign which has been damaged in excess of 50 percent of its replacement cost will be considered destroyed, and will be removed by the Commission.
(a) The Commission upon receipt of adequate and proper funding will pay just compensation for outdoor advertising and property rights acquired by purchase, exchange agreement or eminent domain. Just compensation includes, but is not limited to, severance damages to remaining property.
(b) The Commission is authorized additionally to accept outdoor advertising as gifts from owners.
Section 15. Local Ordinances. Local ordinances, regulations or resolutions more restrictive than the provisions of the Outdoor Advertising Act, are not affected by these rules.
Section 16. Violations. 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.
Section 17. Federal Law. Rules and regulations promulgated by the Federal Highway Administration pursuant to Federal Statutes 23 USC, Section 131 as amended shall supersede these rules and regulations wherein they are conflicting, or more restrictive.