Wyo. Code R. 045-0003-27
General Agency, Board or Commission Rules
Chapter 27: Tourist-Oriented Directional Signing
Effective Date: 03/26/1992 to 12/19/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 045.0003.27.03261992
Section 1. Authority. The Wyoming Department of Transportation pursuant to W.S. 24-2-115 is authorized to promulgate rules and regulations governing Tourist-Oriented Directional Signing along primary and secondary highways.
Section 2. Purpose of Rules. These rules provide for the installation and administration of tourist-oriented directional signing for qualified activities or sites of significant interest to the traveling public.
(a) State Highway. For the purpose of this chapter, includes all state highways except interstate highways.
(b) Tourist-Oriented Directional Signing. Hereafter referred to as TODS, is official signing that is located within the right-of-way of a state highway and gives specific information regarding activities or sites of significant interest to the traveling public.
(c) Rural. Refers to those areas not in the urban or corporate limits of a town with a population of 1,500 or more.
(d) Trailblazer Sign. Is a sign which must be installed at an intersection where the motorist must change directions after leaving the state highway in order to reach the tourist activity.
Section 4. Activities or Sites of Significant Interest. The activity or site must be of significant interest to the traveling public to qualify for the TODS Program. Any one of the following may qualify the activity or site.
(a) Motorist service. It offers a motorist service, such as gas, food, lodging, camping, or motor vehicle service or repair.
(b) Tourist attraction. It is of reasonable interest to tourists as a historic, cultural, scientific, educational or religious site, or as a site of natural scenic beauty or naturally suited for outdoor recreation.
(c) Commercial interest. It is of reasonable commercial interest to the traveling public.
Section 5. General Requirements. An individual activity or site of significant interest must meet the following general requirements to qualify for TODS.
(a) The activity, service, or business (including seasonal agricultural products) must derive the major portion of income or visitors during the normal business season from motorists not residing in the immediate area of the business or activity.
(b) The activity or site shall be open to the general public during regular and reasonable hours and not by appointment or reservation only.
(c) The activity shall be conducted in an appropriate building or area. It shall not be conducted in a building principally used as a residence unless there is a convenient and well-marked entrance.
(d) The activity or site shall be located in a rural area or inside the corporate limits of a city with a population of less than 1,500.
(e) When the activity or its on-premise signing is visible from the state highway as determined by the Traffic Operations Program of the Wyoming Department of Transportation, the activity shall not qualify for TODS unless operational safety requires an advance sign.
(f) An activity or site will not qualify for TODS if the activity or site is identified by an off right-of-way directional sign that is within one mile; is on the same route; is facing the same direction as the proposed TODS sign; or is identified by a Transportation Department directional sign that is within the right-of-way.
(g) The activity or site shall comply with all applicable laws concerning public accommodations without regard to race, religion, color, age, sex, or national origin.
(h) The activity or site must be located within fifteen (15) miles of the state highway.
(i) Activities or sites within the urban areas of towns having a population of 1,500 or less, may qualify for a TODS sign on more than one state highway. Activities or sites in rural areas shall have TODS signs on only one state highway.
(j) An activity which requires more than three trailblazer signs shall not qualify for TODS.
Section 6. Special Requirements. In addition to the general requirements, an individual activity or site of significant interest must meet the following requirements to qualify for the TODS Program.
(a) Motorist service. An activity or a site providing a motorist service must be open a minimum of eight hours a day, six days a week, and five months a year.
(b) Tourist attraction. A tourist attraction must be open a minimum of four hours a day, five days a week, and five months a year.
(c) Agricultural business activity. An agricultural business activity must be open a minimum of eight hours a day, six days a week during the normal seasonal period.
(d) Other commercial activity. A commercial activity not covered by any of the above must be open a minimum of eight hours a day, five days a week, and five months a year.
Section 7. Procedures. The Traffic Operations Program of the Wyoming Department of Transportation will make application forms, rules and regulations, fee schedules and design standards available to the public.
(a) The applicant shall: Submit application with application fee and drawings of their proposed TODS panel and trailblazer sign if one is thought to be needed.
(b) The Traffic Operations Program shall:
(i) Review application and notify applicant of acceptance or denial based on qualifying criteria.
(ii) Review applicants design of specific TODS panel and trailblazer signs, and notify applicant of approval or indicate necessary changes.
(iii) Conduct random drawing to determine successful applicants when number of applicants exceeds the available space. Notify applicant of results. Unsuccessful applicants will have their application fee returned and their application placed on a waiting list. They will be notified when space becomes available.
(iv) Bill the applicant for all required fees.
(c) The applicant shall:
(i) Make arrangements to obtain and install any required trailblazer signs and pay all assessed sign fabrication and installation fees within 30 days of billing.
(ii) Obtain and deliver to the Traffic Operations Program their specific TODS panels within 45 days of the billing date. An installation fee will be charged if the TODS panels must be field installed due to late delivery.
(d) Traffic Operations Program shall: Fabricate the TODS sign, install the applicant-furnished TODS panel on the sign, and install the completed TODS sign. Maintenance of the sign and panels will be provided by the Department for an assessed fee.
(e) The applicant shall: Pay for a replacement sign at the current cost if a sign becomes damaged or destroyed. If a specific TODS panel is damaged or needs replacement, the applicant will be notified by Traffic Operations and will be required to furnish a new panel. A fee will be assessed for the installation of the new panel.
Section 8. Conditions. A TODS sign shall not be erected until the activity or site has been approved in accordance with these rules, and the Department has received prepayment of all fees.
(a) A TODS sign shall be masked or removed if the activity or site ceases to qualify for a period of 7 days.
(b) In the event the qualifying business is sold or changes ownership, the TODS participant shall notify the Traffic Operations Program of the Wyoming Department of Transportation so that the sign may be transferred to the new owner.
(c) The Department shall remove or mask a TODS sign for a seasonal activity when the activity is closed during the off-season period, unless the TODS panel displays the period of operation. A charge will be assessed if the panel is masked or removed.
(d) If needed, adequate trailblazing signs shall be provided on local roads and streets to guide motorists from the state highway route to the activity or site. Trailblazing sign designs must be approved by Traffic Operations prior to the installation. The Department shall not furnish trailblazer signs. When trailblazer signs are to be installed on other that state highways, the applicant will be responsible for obtaining the sign and necessary permits, and arranging for the installation. When trailblazer signs are to be installed on state highways, the Department will furnish the post, install the sign, and bill the applicant for an installation fee. TODS signs shall not be installed until necessary trailblazing signs are in place.
Section 9. Design of TODS Signs and Panels. TODS signs shall be reflective blue background with reflective white legend and display the words 'Tourist Activities' in 6' letters at the top. The signs will be 6 feet wide and height as necessary to accommodate a maximum of four TODS panels.
(a) TODS panels shall be six feet wide by two feet high with reflective blue background (color number 15090 found in Federal Standard 595a or the equivalent) and reflective white legend, borders, and directional arrows. The TODS panels must be professionally fabricated with reflective sheeting on an aluminum panel with a maximum thickness of .080 inch and a minimum of .032 inch. Freehand painting or lettering will not be acceptable. Logos may be reproduced in the colors desired by the applicant. Recreation or service symbols shall be reflective white.
(b) The TODS panels will contain space for two lanes of legend in six inch letters, a directional arrow and distance to the activity. Lettering will be Series C standard highway alphabet except when the style of lettering for a business name is a trademark which still must be reflective white. The legend will be the activity name only; however, appropriate service or recreational symbols and logos may be used if reduced to appropriate size. Promotional advertising and symbols or logos resembling official traffic control devices are prohibited.
(c) When approved symbols or logos are used, they shall not exceed the height of the two lines of word legend. If used with a word legend, the symbol or logo will be placed to the left of the word legend. Times of operation may be displayed on the TODS panel if deemed necessary by the Department for the convenience of the motorist or if desired by the applicant to avoid masking or removal fees. When times of operation are displayed, they must be incorporated in the two lines of legend. See Design Standard Drawing, Appendix A.
Section 10. TODS Sign Installation. TODS signs normally will be installed a minimum of 200 feet in advance of the intersection while maintaining a minimum of 300 feet between TODS signs and a minimum of 300 feet between TODS signs and any other signs.
(a) No more than two TODS signs (one-left, one-right) shall be installed at any intersection. The sequence of TODS signs shall be as follows:
(b) The right turn sign shall be the closest to the intersection with the left turn sign being the farthest in advance of the intersection.
(c) The advance TODS sign “1/2 Mile” or “Next Right (or Left)” will not normally be used unless Traffic Operations determines that is needed for highway operational safety. The applicant must bear the cost of the advance signing if required.
(d) Where the number of activities to be signed is four or less at any one intersection, the TODS panels for right and left may be combined on one TODS sign. On a combination sign, the TODS panels will be arranged with the left arrows at the top and the right arrows below.
(e) TODS signs will not be installed at an intersection where Traffic Operations determines that the installation would detract from the effectiveness of the necessary traffic control devices.
(f) Lateral clearance for TODS signs shall be equal to or greater than the other guide signs at the intersection. If adequate lateral clearance cannot be maintained due to terrain or other obstruction, TODS signs shall not be installed.
Section 11. TODS COST: The cost of the TODS program will be assessed to all participants. Fees shall not exceed the cost of the program and will be evaluated each year and adjusted to maintain a zero balance.
(a) Fees for erecting, maintaining and administration of the TODS signs shall be paid in advance by the approved applicant business. Application fees and fees for erecting TODS signs and trailblazer signs are a one-time charge. Administration fees will be charged on an annual basis depending on the approval date of the application. Thereafter, the applicant will be billed at the beginning of each calendar year. TODS panel fees and trailblazer sign fees will be billed whenever a change of TODS panels is needed. The request for TODS panel change may be made by either the Department or the applicant business.
(b) The cost to replace an entire sign because of natural wear or vandalism will be prorated among the applicants whose TODS panels are displayed on the sign.
(c) All fees will be due 30 days from the date of billing. No fees will be refundable except application fees when unsuccessful applications are placed on the waiting list.
(d) Failure to pay fees within 30 days from the date of billing will cause participation to be revoked and the TODS panels removed for the respective applicant’s business. The applicant is responsible for all costs incurred by the Department including revocation and removal of the TODS panels as well as the sign structure if the applicant is the only activity displayed on the sign.
(e) In the case of a single approved applicant business, that party will be responsible for the entire cost of the signs installed.
(f) All fees will be evaluated each year and adjusted to cover actual costs.
(i) Intersection Application Fee: An application fee is charged for each intersection.
(ii) Fabrication and Installation Costs: The sign sizes will be determined by the Department after the open enrollment period is closed. Sign costs are based on the signs constructed and installed by the Department and mounted on wood posts. These costs will be evaluated each year and adjusted to cover actual costs.
(iii) Annual Administration Fee: The annual administration fee will be charged for TODS signs at each intersection, regardless of the number of TODS panels or trailblazer signs installed. The first year fee will be prorated on a monthly basis depending on the approval date of the application. Thereafter, the applicant will be billed at the beginning of each calendar year. Annual administration fees may be adjusted if there is an excess or shortage of funds in the TODS Signing Program.
(iv) TODS Panel Fees: A fee will be charged for replacement of TODS panels due to damage, change of logo, general maintenance, temporary business closure or other undetermined reasons. The TODS panel will be furnished by the applicant.
(g) Request for TODS Signs After Open Enrollment: The TODS signs erected will be no larger than necessary to display the TODS panels initially requested. Future requests for TODS panels at an intersection will be considered on a first-come, first-served basis determined by the postmark date of the application until the maximum space is filled. Subsequent applications will be put on a waiting list. In the event that more than one application is received with the same postmark date, a random drawing will be held.
(h) The business requesting TODS panels after the open enrollment period will be responsible for the entire cost of installing the new panels and/or signs if required.
Section 12. Waivers. Upon written request, the Director of the Wyoming Department of Transportation may authorize a waiver of any requirement of this policy upon a showing by the applicant that:
Section 13. Appeal Process. Any appeal of a decision relative to these rules and regulations shall be made within thirty (30) days by a written request to the Wyoming Department of Transportation, requesting a formal or an informal hearing in accordance with Chapter III, Rules of Practice Governing Appeals and Hearings. Failure to request a hearing will be deemed to be consent to the decision by the Department.