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7 LONG TITLE
8 General Description:
9 This bill modifies the Protection of Highways Act by amending provisions relating to
10 outdoor advertising near an interstate or primary system.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides a definition;
14 ▸ provides an exception to the Department of Transportation's authorization to erect,
15 administer, and maintain informational signs on the main-traveled way of an
16 interstate or primary system;
17 ▸ authorizes the Department of Transportation to erect or by contract erect,
18 administer, and maintain tourist-oriented directional signs that display logo
19 advertising and information of interest to the traveling public on rural conventional
20 roads;
21 ▸ specifies requirements for the Department of Transportation to lease or contract
22 with a private party for the sign or sign space;
23 ▸ provides that certain existing noncompliant signs shall be permitted for a certain
24 period of time; and
25 ▸ makes technical corrections.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 72-7-504, as last amended by Laws of Utah 2012, Chapter 347
33 72-7-505, as last amended by Laws of Utah 2011, Chapter 346
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35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 72-7-504 is amended to read:
37 72-7-504. Advertising prohibited near interstate or primary system -- Exceptions
38 -- Logo advertising -- Department rules.
39 (1) As used in this section, "specific service trailblazer sign" means a guide sign that
40 provides users with business identification or directional information for services and eligible
41 activities that are advertised on a logo advertising sign authorized under Subsection (3)(a)(i).
42 [
43 place on the main-traveled way of an interstate or primary system may not be erected or
44 maintained, except:
45 (a) directional and other official signs and notices authorized or required by law,
46 including signs and notices pertaining to natural wonders and scenic and historic attractions,
47 informational or directional signs regarding utility service, emergency telephone signs, buried
48 or underground utility markers, and above ground utility closure signs;
49 (b) signs advertising the sale or lease of property upon which they are located;
50 (c) signs advertising activities conducted on the property where they are located,
51 including signs on the premises of a public assembly facility as provided in Section 72-7-504.5;
52 (d) signs located in a commercial or industrial zone;
53 (e) signs located in unzoned industrial or commercial areas as determined from actual
54 land uses; and
55 (f) logo advertising under Subsection [
56 [
57 informational signs:
58 (i) on the main-traveled way of an interstate or primary system, as it existed on June 1,
59 1991, specific service signs for the display of logo advertising and information of interest,
60 excluding specific service trailblazer signs as defined in rules adopted in accordance with
61 Section 41-6a-301, to the traveling public if:
62 [
63 in the lease or other contract agreement with a private party for the sign or sign space; and
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65 the department to be paid to the department or the party under contract with the department
66 under this Subsection [
67 (ii) only on rural conventional roads as defined in rules adopted in accordance with
68 Section 41-6a-301 in a county of the fourth, fifth, or sixth class for tourist-oriented directional
69 signs that display logo advertising and information of interest to the traveling public if:
70 (A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
71 the lease or other contract agreement with a private party for the tourist-oriented directional
72 sign or sign space; and
73 (B) the private party for the lease of the sign or sign space pays an amount set by the
74 department to be paid to the department or the party under contract with the department under
75 this Subsection (3).
76 (b) The amount shall be sufficient to cover the costs of erecting, administering, and
77 maintaining the signs or sign spaces.
78 (c) (i) Any sign erected pursuant to this Subsection (3) which was existing as of March
79 1, 2015, shall be permitted as if it were in compliance with this Subsection (3).
80 (ii) A noncompliant sign shall only be permitted for the contract period of the
81 advertising contract.
82 (iii) A new advertising contract may not be issued for a noncompliant sign.
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84 in carrying out this Subsection [
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86 (i) applied first to cover department costs under Subsection [
87 (ii) deposited in the Transportation Fund.
88 (b) Revenue in excess of costs under Subsection [
89 General Fund as a dedicated credit for use by the Governor's Office of Economic Development
90 no later than the following fiscal year.
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92 conform to the rules made by the department under Sections 72-7-506 and 72-7-507.
93 Section 2. Section 72-7-505 is amended to read:
94 72-7-505. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
95 Limit on implementation.
96 (1) (a) Except as provided in Subsection (2), a sign face within the state may not
97 exceed the following limits:
98 (i) maximum area - 1,000 square feet;
99 (ii) maximum length - 60 feet; and
100 (iii) maximum height - 25 feet.
101 (b) No more than two facings visible and readable from the same direction on the
102 main-traveled way may be erected on any one sign structure. Whenever two facings are so
103 positioned, neither shall exceed the maximum allowed square footage.
104 (c) Two or more advertising messages on a sign face and double-faced, back-to-back,
105 stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces
106 enjoy common ownership.
107 (d) A changeable message sign is permitted if the interval between message changes is
108 not more frequent than at least eight seconds and the actual message rotation process is
109 accomplished in three seconds or less.
110 (e) An illumination standard adopted by any jurisdiction shall be uniformly applied to
111 all signs, public or private, on or off premise.
112 (2) (a) An outdoor sign structure located inside the unincorporated area of a
113 nonurbanized county may have the maximum height allowed by the county for outdoor
114 advertising structures in the commercial or industrial zone in which the sign is located. If no
115 maximum height is provided for the location, the maximum sign height may be 65 feet above
116 the ground or 25 feet above the grade of the main traveled way, whichever is greater.
117 (b) An outdoor sign structure located inside an incorporated municipality or urbanized
118 county may have the maximum height allowed by the municipality or urbanized county for
119 outdoor advertising structures in the commercial or industrial zone in which the sign is located.
120 If no maximum height is provided for the location, the maximum sign height may be 65 feet
121 above the ground or 25 feet above the grade of the main traveled way, whichever is greater.
122 (3) Except as provided in Section 72-7-509:
123 (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
124 72-7-504[
125 sign adjacent to an interstate highway or limited access primary highway, except that signs may
126 be erected closer than 500 feet if the signs on the same side of the interstate highway or limited
127 access primary highway are not simultaneously visible.
128 (b) Signs may not be located within 500 feet of any of the following which are adjacent
129 to the highway, unless the signs are in an incorporated area:
130 (i) public parks;
131 (ii) public forests;
132 (iii) public playgrounds;
133 (iv) areas designated as scenic areas by the department or other state agency having and
134 exercising this authority; or
135 (v) cemeteries.
136 (c) (i) (A) Except under Subsection (3)(c)(ii), signs may not be located on an interstate
137 highway or limited access highway on the primary system within 500 feet of an interchange, or
138 intersection at grade, or rest area measured along the interstate highway or freeway from the
139 sign to the nearest point of the beginning or ending of pavement widening at the exit from or
140 entrance to the main-traveled way.
141 (B) Interchange and intersection distance limitations shall be measured separately for
142 each direction of travel. A measurement for each direction of travel may not control or affect
143 any other direction of travel.
144 (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning
145 or ending of pavement widening at the exit from or entrance to the main-traveled way, if:
146 (A) the sign is replacing an existing outdoor advertising use or structure which is being
147 removed or displaced to accommodate the widening, construction, or reconstruction of an
148 interstate, federal aid primary highway existing as of June 1, 1991, or national highway system
149 highway; and
150 (B) it is located in a commercial or industrial zoned area inside an urbanized county or
151 an incorporated municipality.
152 (d) The location of signs situated on nonlimited access primary highways in
153 commercial, industrial, or H-1 zoned areas between streets, roads, or highways entering the
154 primary highway shall not exceed the following minimum spacing criteria:
155 (i) Where the distance between centerlines of intersecting streets, roads, or highways is
156 less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted
157 between the intersecting streets or highways.
158 (ii) Where the distance between centerlines of intersecting streets, roads, or highways
159 is 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
160 (e) All outdoor advertising shall be erected and maintained within the outdoor
161 advertising corridor.
162 (4) Subsection (3)(c)(ii) may not be implemented until:
163 (a) the Utah-Federal Agreement for carrying out national policy relative to control of
164 outdoor advertising in areas adjacent to the national system of interstate and defense highways
165 and the federal-aid primary system is modified to allow the sign placement specified in
166 Subsection (3)(c)(ii); and
167 (b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state
168 and the United States Secretary of Transportation.