Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS
Section 39.03.60.140 - OUTDOOR ADVERTISING PERMITS
Current through August 31, 2023
No person may place any advertising display within the areas affected by the provisions of Section 40-1907, Idaho Code, without first having secured a written permit from the Department. (3-31-22)
01. Application Forms. Permit application forms may be secured at the Idaho Transportation Department District Offices. (3-31-22)
02. Expiration of Annual Permits. Annual permits will expire December 31 each year, but a multiyear permit may be issued as a convenience to the outdoor advertiser. An original annual permit fee of ten dollars ($10) shall accompany each original permit application. An annual renewal fee of three dollars ($3) will be assessed for each permit, and the Department will mail a bill to each sign owner annually. Payment for the renewal of a permit must be received at least thirty (30) days prior to the expiration date. Permit fees will not be prorated for a fraction of a year. (3-31-22)
03. Modified Advertising Structures. Whenever an advertising structure is relocated or undergoes substantial replacement beyond customary maintenance, the modified structure will be considered to be a new sign. Therefore, pursuant to Section 40-1906, Idaho Code, an application for a new display must be submitted before such reconstruction is begun. A permit fee of ten dollars ($10) must accompany the application. Conversion of a sign face to a multiple message sign face will be considered substantial replacement beyond customary maintenance and considered a new sign. (3-31-22)
04. Space Requirement Violations. In the event that two (2) or more lawfully erected signs along the interstate and primary highways are in violation of the spacing requirements and the regulations promulgated by the Department, the Department shall accord the interested parties a full opportunity to be heard and shall thereafter make a finding as to the date of erection of each of the signs and award the permit or permits to the applicants whose signs were first erected. (3-31-22)
05. Application. All applications received during the Department's normal office hours during the same mail pickup will be construed to have been received simultaneously. In the case of a tie between applicants and upon notification thereof by the Department, it shall determine by lot which will receive the permit. (3-31-22)
06. Permit Denial. No permit will be issued for a new sign having two (2) or more faces in any one (1) direction. (3-31-22)
07. Physically Connected Signs. Two (2) sign structures which are physically connected will be considered as a single sign for permit purposes. (3-31-22)
08. Standard Permit Application. Owners of displays defined under Sections 40-102(4) and 40-1904, Idaho Code, will be requested to submit a standard permit application for each such display. Identification tags will be issued for such displays at no cost to the owners. No applications will be requested for minor signs, or emergency telephone signs, nor will tags be issued for them. (3-31-22)
09. Lost or Destroyed Identification Tags. Identification tags, except those issued under Subsection 401.08, which are lost or destroyed either before or after being attached to signs will be replaced only upon payment of a three dollar ($3) fee. Tags issued under Subsection 401.08 will be replaced at no cost if lost or destroyed. (3-31-22)
10. Invalid Permit. A permit will only be issued for a sign that is lawfully erected within one hundred and eighty (180) days of the permit issuance date. The identification tag is to be affixed only to the sign for which it was issued and must be so affixed within one hundred and eighty (180) days after being received; otherwise, the permit automatically becomes invalid. (3-31-22)
11. Cancellation of Permit. If the sign for which a permit has been issued is removed, destroyed, or for any reason becomes unusable prior to the expiration date of permit, the permit may be canceled. (3-31-22)
12. Advertising Illegal Activities. Signs advertising activities illegal under Federal, State, or local law are not eligible for permits. (3-31-22)
13. Revoked Permits. When the Department determines a false or misleading statement has been made in the application for a license or permit, said license or permit shall be revoked. (3-31-22)
14. Appeal Process. In the event a permit is denied or revoked, the applicant may obtain instructions for the appeal process at any of the Idaho Transportation Department District Office locations listed in Section 005. (3-31-22)
