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NAHBA CONFERENCE 2006 Illegal Sign Removal
NAHBA CONFERENCE 2006
Illegal Sign Removal
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
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
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
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)
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
Federal Law Requirements
Size, lighting and spacing requirements as established in the state/federal agreement
Federal Law Requirements
Message Content– On premise vs. Off premise– Illegal Activities at the location of the sign– Oregon and California recent case law
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
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
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
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
How to Remove Illegal Signs
Must bring into compliance with current federal and state requirements.– Receive a permit if eligible– Remove
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
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
What’s Not Working
Typical Defenses– Uncontrolled Route– Outside of State’s Jurisdiction– On Premise
On Premise Defense
On Premise Defense
