NAHBA CONFERENCE 2006

1. NAHBA CONFERENCE 2006 Illegal Sign Removal

2. What makes a sign illegal • Federal Law • Requires the States to create and enforce regulations regarding outdoor advertising device control • State regulations must implement federal requirements • Only a State can violate Federal Law

3. Identifying Illegal Advertising Devices • Federal Law Requirements • Controlled Route • Inside or Outside Urban Areas • Commercially or Industrially Zoned or Unzoned Area • Size, lighting and spacing requirements as established in the state/federal agreement • Message Content

4. Federal Law Requirements • Must be on a controlled route • Interstate System • Federal Aid Primary as it existed on June 30, 1991 • National Highway System • Routes on these systems designated as Scenic

5. Federal Law Requirements • Inside or Outside Urban Areas (Controlled Areas) • Inside an urban area (as defined by latest census data), out to 660 feet • Outside an urban area, as far as can be seen (Includes area within R/W)

6. Federal Law Requirements • Commercially or Industrially Zoned or Unzoned Commercial or Industrial Area • Unzoned commercial or industrial area is defined by the state • Cannot not be zoned agricultural, residential, etc. but used as industrial

7. Federal Law Requirements • Size, lighting and spacing requirements as established in the state/federal agreement

8. Federal Law Requirements • Message Content • On premise vs. Off premise • Illegal Activities at the location of the sign • Oregon and California recent case law

9. Federal Law • Non-conforming Advertising Devices • Non-conforming devices that lose their non-conforming status become illegal devices • Devices lose their non-conforming status when they become obsolete, abandoned, or destroyed, except by vandalism or other tortuous acts

10. What Makes a Sign Illegal • State Law - State law can be more restricting than federal law • Individual state/federal agreements • Dictates the size, lighting and spacing requirements • Specifies permitting requirements

11. How to monitor illegal advertising devices • State permit processes • Differs from state to state • Off premise permits • On premise permits • Keeps record of all the permitted devices within the states’ jurisdiction

12. How to monitor illegal advertising devices • Record Keeping of Suspected Illegal Advertising Devices • Observe from the field the controlled routes • Investigate any suspected illegal devices • Pursue and remove any identified illegal advertising device

13. How to Remove Illegal Signs • Must bring into compliance with current federal and state requirements. • Receive a permit if eligible • Remove

14. What’s Working • Education: Nebraska and Montana both educate the districts, businesses and chambers of commerce about their program • Letters: ODOT, Washington, New York, Iowa and South Dakota have seen letters work well. • Verbal Contact: ODOT, Iowa and South Dakota have had success with verbally contacting sign owners. • Courts: ODOT, Washington, West Virginia, South Dakota, New York, Iowa and Maine have utilized the court systems for compliance. • Penalties: Utah

15. What’s Not Working • Lack of knowledge of program • Administration changes • Verbal contact • Workload, Man/Woman power • Lack of DOT priority • Poorly Defined statues on on-premise signs • Defenses

16. What’s Not Working • Typical Defenses • Uncontrolled Route • Outside of State’s Jurisdiction • On Premise

17. On Premise Defense

18. On Premise Defense