Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 177.572-177.576, 177.830-177.890,
177.990(2),
23 U.S.C.
131, 23 C.F.R. Part 750
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
177.860 requires the Commissioner of the
Department of Highways to promulgate administrative regulations establishing
standards for advertising devices.
KRS
177.890 authorizes the Commissioner of the
Department of Highways to enter into agreements with the United States
Secretary of Transportation in order to carry out national policy relating to
interstate, defense, and federal-aid primary highways within the state.
23 U.S.C.
131, the Highway Beautification Act,
authorizes retention of additional federal funding on the establishment of
controls over the placement of outdoor advertising devices. This administrative
regulation establishes the standards for on-premise and off-premise static
advertising devices.
Section 1. General
Conditions Relating to Off-Premise Static Advertising Devices.
(1) A static advertising device shall not be
converted to an electronic advertising device prior to receiving a permit
pursuant to
603 KAR
10:021.
(2) A static advertising device within 660
feet of the right-of-way shall be prohibited unless the device:
(a) Is not visible from the main travelled
way of an interstate, parkway, national highway system, or federal-aid primary
highway; or
(b) Complies with
applicable zoning ordinances and regulations of a county or city.
(3) A static advertising device
that is visible from more than one (1) interstate, parkway, national highway
system, or federal-aid primary highway shall meet the requirements for each
highway independently.
(4) The
erection or existence of a static advertising device shall be prohibited in a
protected area if the device:
(a) Advertises
an activity that is prohibited by law;
(b) Is abandoned or discontinued;
(c) Is not clean and in good
repair;
(d) Is not securely affixed
to a substantial structure permanently attached to the ground;
(e) Directs the movement of
traffic;
(f) Interferes with,
imitates, or resembles an official traffic sign, signal, or traffic control
device;
(g) Prevents the driver of
a vehicle from having a clear and unobstructed view of an official sign or
approaching or merging traffic;
(h)
Includes or is illuminated by flashing, intermittent, or moving lights;
(i) Uses lighting, unless the
lighting is:
1. Effectively shielded to
prevent a beam of light from being directed at the main traveled way of the
interstate, parkway, national highway system, or federal-aid primary
highway;
2. Of low intensity that
shall not cause glare or impair the vision of a driver or interfere with the
operation of a motor vehicle; or
3.
Of a luminance less than 300 nits;
(j) Is erected or maintained upon a
tree;
(k) Is painted or drawn on
rocks or another natural feature;
(l) Is erected upon or overhanging the
right-of-way; or
(m) Is mobile,
temporary, or vehicular.
(5)
(a) A
static advertising device shall not exceed the maximum size established in
KRS
177.863(3)(a) and may
contain up to two (2) advertisements per facing pursuant to
KRS
177.863(3)(b).
(b) A static advertising device that has more
than two (2) faces shall not have an interior angle between two (2) facings
larger than forty-five (45) degrees.
(c) A static advertising device may contain
extensions up to fifteen (15) percent of the face of the advertising device but
shall not exceed the maximum size of the facing of the device established in
KRS
177.863(3)(a).
(6) An on-premise advertising
device shall not affect spacing requirements for an off-premise static
advertising device.
(7) Static
advertising devices that are no more than fifteen (15) feet apart at the
nearest point between the devices and have the same ownership shall be counted
as a single device.
(8) A static
advertising device that utilizes lighting to illuminate the advertising device
shall use white lights.
(9) The
name of the owner of a static advertising device shall:
(a) Be legible from the main traveled
way;
(b) Not be larger than twenty
(20) square feet;
(c) Be shown
without other owner information; and
(d) Not be considered an
advertisement.
(10) To
establish a protected area, the distance from the edge of a state-owned
right-of-way shall be measured horizontally and at a right angle to the
centerline of the interstate, parkway, national highway system, or federal-aid
primary highway for a distance of 660 feet.
Section 2. Off-Premise Static Advertising
Devices on Interstates and Parkways.
(1) If it
is visible from the main traveled way of an interstate or parkway and meets the
permitting criteria established in this administrative regulation, a static
advertising device located in a protected area of an interstate or parkway
shall be permitted by the department.
(2) A permit shall not be issued unless a
static advertising device:
(a) Complies with
KRS
177.830 through
177.890,
this administrative regulation, and county or city zoning ordinances and
regulations; and
(b)
1. Is erected or maintained in a protected
area of an interstate or parkway that is zoned industrial or commercial and was
an incorporated municipality on September 21, 1959; or
2. Was zoned commercial or industrial and
included a commercial or industrial land use on September 21, 1959.
(3) A static
advertising device shall not be closer than fifty (50) feet to the edge of the
main traveled way or turning roadway of the interstate or parkway.
(4) An off-premise static advertising device
visible from an interstate or parkway shall not be erected within 500 feet of
another off-premise static advertising device on the same side of the
interstate or parkway.
(5) An
off-premise static advertising device visible from an interstate or parkway
shall not be erected within 500 feet of an off-premise electronic advertising
device visible in the same direction of travel.
Section 3. Off-Premise Static Advertising
Devices on National Highway System and Federal-Aid Primary Highways.
(1) A static advertising device visible from
the main traveled way of a national highway system or federal-aid primary
highway shall be permitted by the department if the device:
(a) Complies with
KRS
177.830 through
177.890,
this administrative regulation, and county or city zoning ordinances;
and
(b) Is erected and maintained
in a protected area of a national highway system or federalaid primary highway
in:
1. A commercial or industrial zone;
or
2. An unzoned commercial or
industrial area with a commercial or industrial activity that is located on the
same side of the highway and within 700 feet of the activity boundary line
measured along or parallel to the pavement of the highway.
(2)
(a) A non-billboard off-premise static
advertising device shall be prohibited on or over a state-owned
right-of-way.
(b) A non-billboard
off-premise static advertising device shall not affect the spacing requirements
for off-premise static advertising devices on national highway system and
federal-aid primary highways.
(c) A
non-billboard off-premise static advertising device with multiple messages
shall be limited to an overall facing size of no more than 150 square feet, and
each individual message shall be limited to eight (8) square feet.
(d) Non-billboard off premise static
advertising devices shall be separated by at least 200 feet.
(e) A permit shall not be required for a
non-billboard advertising device.
Section 4. Nonconforming Static Advertising
Devices.
(1) A nonconforming static
advertising device in a protected area shall not require a permit and shall
continue to exist if the device is:
(a) Not
abandoned or discontinued;
(b)
Subjected to only routine maintenance;
(c) In compliance with state law and
administrative regulations as well as local zoning, sign, or building
restrictions at the erection; and
(d) Substantially the same as it was on the
effective date of the state law or administrative regulation that made the
device nonconforming.
(2) The owner of a nonconforming advertising
device shall submit biennial updates on a completed Advertising Device Biennial
Certification Form, TC Form 99-206.
(3) An incomplete or inaccurate submission
shall not be considered an update submittal.
(4) The update submittal for a nonconforming
advertising device shall be submitted electronically to the department pursuant
to the following table:
Dept. of Highways' District #
|
Submittal Year
|
Submittal Period*
|
1 & 7
|
Odd
|
January 1- April 30th
|
2 & 4
|
Even
|
January 1- April 30th
|
3 & 9
|
Odd
|
May 1st- August 31st
|
6 & 8
|
Even
|
May 1st- August 31st
|
5 & 11
|
Odd
|
September 1st - December 31st
|
10 & 12
|
Even
|
September 1st - December 31st
|
*A submittal shall be received during the submittal period to
be considered.
(5) Failure
to submit an update within thirty (30) days of the deadline established in
subsection (4) of this section shall subject the owner of the nonconforming
static advertising device to a fine of $250 per permit pursuant to
KRS
177.990(2).
(6)
(a) A
nonconforming advertising device may be sold, leased, or transferred without
affecting its status, but its location shall not be changed.
(b) A transfer of ownership for a
nonconforming advertising device shall be submitted on a completed Advertising
Device Ownership Transfer, TC Form 99-205.
(7) An owner may conduct routine maintenance
of a nonconforming advertising device. Routine maintenance shall include:
(a) In kind replacement of material
components with a like material component;
(b) Painting of supports and
frames;
(c) Changing an advertising
message;
(d) The change of existing
nonstructural external light fixtures for energy efficiency;
(e) Replacement of nuts, bolts, or
nails;
(f) A safety related
addition such as a catwalk that does not prolong the life of the advertising
device but provides protection for workers; and
(g) Rebuilding a destroyed advertising
device.
(8) The
following shall not be considered routine maintenance and shall be prohibited:
(a) Enlargement of the device;
(b) A change in the structural support
including material diameters, dimensions, or type such as replacement of wood
posts with steel posts or the replacement of a wood frame with a steel
frame;
(c) The addition of lights,
either attached or unattached, to help illuminate the nonconforming static
advertising device structure that previously had no lighting for
illumination;
(d) The addition of a
variable or changeable message capability including a numerical display that is
changed by an electronic or mechanical process;
(e) The addition of bracing, guy wires, or
other reinforcement;
(f) A change
in the location of the structure; or
(g) A change in the direction of the
face.
(9) Non-routine
maintenance on a nonconforming advertising device shall constitute a violation
of this administrative regulation, and action shall be taken pursuant to
Section 9 of this administrative regulation.
Section 5. On-premise Static Advertising
Devices.
(1) An on-premise static advertising
device shall only advertise or promote the activities or products offered on
the property where the advertising device is located.
(2) An on-premise static advertising device
shall be erected on the property where the business is located and:
(a) Inside the activity boundary line;
or
(b) No further than 400 feet
from the activity boundary line.
(3) An on-premise static advertising device
placed within fifty (50) feet of the activity boundary line shall not exceed
the maximum size established in
KRS
177.863(3)(a). An entrance
or exit shall be considered within the activity boundary line.
(4) An on-premise static advertising device
that complies with this administrative regulation shall only be erected:
(a)
1.
Within 660 feet of the right-of-way of an interstate, parkway, national highway
system, or federal-aid primary highway both in and outside of an urban area;
or
2. Outside of an urban area and
beyond 660 feet of the right-of way of an interstate, parkway, national highway
system, or federal-aid primary highway; and
(b) If the device complies with this
administrative regulation, and county or city zoning ordinances as established
in
KRS
177.860(4).
(5) If further than fifty (50)
feet outside the activity boundary line, an on-premise static advertising
device shall not exceed:
(a) Twenty (20) feet
in length, width, or height; and
(b) 150 square feet in area, including border
and trim and excluding supports.
(6) More than one (1) on-premise static
advertising device or one (1) on-premise electronic advertising device shall
not be located at a distance greater than fifty (50) feet outside the activity
boundary line.
(7) If taking
measurements for the placement of an on-premise static advertising device for
an industrial park, the service road shall be considered within the activity
boundary line for the industrial park.
(8) An on-premise static advertising device
erected to advertise one (1) of the businesses in a shopping center, mall, or
other combined business location shall not be located more than fifty (50) feet
outside the activity boundary line of the business being advertised.
(9) If taking measurements for the placement
of an on-premise static advertising device for a shopping center, mall, or
other combined business location, the combined parking area shall be considered
within the activity boundary line.
(10) An on-premise static advertising device
erected for a shopping center, mall, or other combined business location shall
either:
(a) Identify a business or businesses
conducted at the location; or
(b)
Include a display area used to advertise on-premise activities.
(11) An on-premise advertising
device shall not:
(a) Be of such intensity as
to cause glare or impair the vision of a driver;
(b) Move or have moving or animated
parts;
(c) Be erected or maintained
on a tree;
(d) Be painted or drawn
on rocks or another natural feature; or
(e) Be erected upon or overhanging the
right-of-way.
(12) An
on-premise advertising device shall not affect the spacing requirements of an
off-premise device as established in
KRS
177.863(2)(d).
(13) Extensions of a facing up to fifteen
(15) percent shall be allowed:
(a) Within
fifty (50) feet of the activity boundary line but shall not exceed the maximum
size of the facing of the device as established in
KRS
177.863(3)(a); or
(b) Outside of fifty (50) feet of the
activity boundary line but shall not exceed the maximum size of an advertising
device as established in subsection (5) of this section.
(14) An on-premise advertising device shall
be in compliance with the provisions of this administrative regulation but
shall not require a permit.
Section
6. Scenic Highways and Byways.
(1) After the designation of a scenic highway
by the Transportation Cabinet, additional off-premise static advertising
devices shall not be erected, allowed, or permitted that are visible from the
scenic highway.
(2) The sponsor of
a scenic byway application may petition the Transportation Cabinet to impose
the same administrative regulations for static advertising devices located on
scenic byways as those located on scenic highways.
(3) Only routine maintenance shall be
performed on an off-premise static advertising device legally in existence on
the date of the scenic highway designation.
Section 7. Permits, Renewals, and Transfers.
(1) The requirements of this section shall
apply to an off-premise static advertising device on an interstate, parkway,
national highway system, or federal-aid primary highway.
(2) With the exception of a nonconforming
static advertising device, a permit shall be required from the department for a
static advertising device located in a protected area.
(3) The initial permit shall be valid until
the expiration of the applicable renewal period. If the renewal period falls
within six (6) months of the initial permit issuance, the initial permit shall
be good until the next renewal period.
(4) An application for a static advertising
device permit shall be made on a completed Application for Off-Premise
Advertising Device, TC Form 99-31.
(5) The issuance of an advertising device
permit shall be determined based on the order in which a completed application
is made to the department.
(6) A
permittee shall submit biennial renewals. A renewal shall be made on a
completed Advertising Device Biennial Certification Form, TC Form 99-206. An
incomplete or inaccurate submission shall not be considered.
(7)
(a) If
submitting a biennial renewal, the permittee shall certify that the off-premise
static advertising device meets the permit requirements of this administrative
regulation.
(b) If the static
advertising device no longer meets the permit requirements of this
administrative regulation, the permittee may request a conditional renewal to
allow the permittee to become compliant with the permit requirements.
(c) If the permittee fails to become
compliant within thirty (30) days, the permit shall not be renewed.
(8) A renewal submittal for a
static advertising device shall be submitted electronically to the department
pursuant to the following schedule:
Dept. of Highways' District #
|
Submittal Year
|
Submittal Period*
|
1 & 7
|
Odd
|
January 1- April 30th
|
2 & 4
|
Even
|
January 1- April 30th
|
3 & 9
|
Odd
|
May 1st- August 31st
|
6 & 8
|
Even
|
May 1st- August 31st
|
5 & 11
|
Odd
|
September 1st - December 31st
|
10 & 12
|
Even
|
September 1st - December 31st
|
*A submittal shall be received during the submittal period to
be considered.
(9) Failure
to submit an update within thirty (30) days of the deadline established in
subsection (8) of this section shall subject the owner of the nonconforming
static advertising device to a fine of $250 per permit pursuant to
KRS
177.990(2).
(10) A static advertising device may be sold,
leased, or otherwise transferred without affecting its status, but its location
shall not be changed. A transfer of ownership for a static advertising device
shall be submitted on a completed Advertising Device Ownership Transfer, TC
Form 99-205.
(11) An application
amendment for substantial change to an approved static advertising device
permit shall be submitted and approved by the department prior to work being
performed. Substantial change to an advertising device shall include:
(a) Enlargement of the device;
(b) Replacement, rebuilding, or re-erection
of a device that has not been destroyed;
(c) A change in the structural support
including material diameters, dimensions, or type that would result in
increased economic life such as replacement of wood posts with steel posts or
the replacement of a wood frame with a steel frame;
(d) The addition of lights, either attached
or unattached, to help illuminate the static advertising device structure that
previously had no lighting for illumination. The addition of lights may include
a numerical display that is changed by an electronic or mechanical process that
was not included in the original permit;
(e) The addition of bracing, guy wires, or
other reinforcement;
(f) A change
in the location of the structure; or
(g) A change in the direction of the
face.
(12) The permit
for an off-premise static advertising device that has not been constructed
prior to the renewal date shall be cancelled.
Section 8. Notice of Violations; Appeals.
(1) The department shall notify the owner of
the static advertising device by certified letter that the static advertising
device is in violation of KRS Chapter 177 or this administrative
regulation.
(2)
(a) An owner aggrieved by the findings of the
department may request an administrative hearing pursuant to KRS Chapter 13B.
The request shall be in writing and within twenty (20) days of the certified
letter.
(b) A request for a hearing
shall thoroughly detail the grounds upon which the hearing is
requested.
(c) The hearing request
shall be addressed to the Transportation Cabinet, Office of Legal Services, 200
Mero Street, Frankfort, Kentucky 40622.
(3) If the owner fails to request an
administrative hearing or fails to remedy the violations within thirty (30)
days, the department shall proceed to take legal action pursuant to Section 9
of this administrative regulation.
Section 9. Penalties.
(1) A static advertising device owner who
violates a provision of this administrative regulation shall be assessed a
penalty of $500 per violation pursuant to
KRS
177.990(2).
(2) The department shall deny or revoke a
permit if the permit application contains false or materially misleading
information.
Section 10.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Application for Off-Premise Advertising Device", TC Form 99-31, May
2013;
(b) "Advertising Device
Ownership Transfer", TC Form 99-205, December 2013; and
(c) "Advertising Device Biennial
Certification Form", TC Form 99-206, December 2013.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Transportation Cabinet
Building, Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622,
Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on
the cabinet's Web site at
http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx.
20 Ky.R. 236; eff.
10-5-1993; Am. 22 Ky.R. 1367; 1635; 1851; eff. 4-5-1996; 24 Ky.R. 157; 612;
875; 1076; eff. 10-7-1997; Recodified from 603 KAR 3:080, 1-15-2014; 41 Ky.R.
2325; 42 Ky.R. 353; 156; eff. 11-5-2015.
STATUTORY AUTHORITY:
KRS
177.860,
23 U.S.C.
131