Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices
Section 3.01 - Definitions
The following terms as used in 700 CMR 3.00 shall, unless otherwise expressly stated or unless the context clearly requires a different interpretation, have the following meaning:
Abandon: when a sign has not displayed advertising copy for a period of at least three months or to neglect or fail to perform maintenance upon a sign or to fail to obtain all necessary licenses and permits to erect and maintain a sign.
Business, Industrial or Commercial Activities: for purposes of outdoor advertising, one or more of the following criteria must be met:
(a) The activity shall maintain all the necessary business licenses as required by applicable state or local law or ordinances;
(b) The activity shall have direct vehicular access from a public road that is normal and customary for ingress and egress by the public to the activity as well as adequate parking to accommodate public access;
(c) If there is a permanent structure, the activity shall include customary facilities such as indoor restrooms, running water, functioning electrical connections and adequate heating and shall be equipped with permanent flooring from material other than dirt, gravel or sand;
(d) The activity, if open to the public, shall be open during hours that are normal and customary for that type of activity in the same or similar communities; and
(e) If there is a permanent structure or building, it shall have a permanent foundation, built or modified for its current commercial or industrial use, and the building must be located within 660 feet from the nearest edge of the right of way of the public way. Where a mobile home or recreational vehicle is used as a business or office, the following conditions and requirements shall also apply:
1. A self-propelled vehicle shall not qualify for the use of a business or office for the purposes of 700 CMR 3.00.
2. All wheels, axles and springs shall be removed.
3. The vehicle shall be permanently secured on piers, pads or a foundation.
Cut-out: any protrusion from the original footprint of the sign as noted on the permit application, which shall not exceed five feet in height and two feet in width.
Department or MassDOT: shall mean the Massachusetts Department of Transportation, a body politic and corporate established pursuant to M.G.L. c. 6C.
Directional Signs: signs as referenced in 23 CFR 750.153.
Director: director of the Office of Outdoor Advertising within the Massachusetts Department of Transportation.
Electronic Sign: a sign that changes its message or copyat intervals by programmable electronic, digital, or mechanical processes or by remote control.
Erect: to construct, reconstruct, alter, build, raise, assemble, place, fix, affix, attach, create, paint, draw, post, display or in any way bring in to being or establish. The term shall not include ordinary/customary maintenance.
Federal-state Agreement: any agreement entered into by and between the United States of America represented by the Secretary of Transportation acting by and through the Federal Highway Administration and the Commonwealth of Massachusetts, acting by and through the Massachusetts Department Transportation or its predecessors.
FHWA: shall mean the Federal Highway Administration.
Illegally Erected or Maintained Sign: a sign that is erected and/or maintained in violation of Massachusetts State law or Federal law.
Landmark Sign: a sign that was lawfully in existence on October 22, 1965 and determined by MassDOT and approved by FHWA to be considered a landmark sign as per applicable federal regulations.
Modify: to alter or change a sign in any manner that prolongs the useful life of the sign including, but not limited to the following:
(a) Raising or lowering a sign.
(b) Changing the location of a sign.
(c) Changing the materials of a sign.
(d) Changing the dimensions of a sign (length, width, height, depth, number of faces, or clearance between the bottom of the sign and ground or roof on which it is standing).
(e) Adding lighting to a sign.
(f) Replacing a dismantled sign.
(g) Adding bracing, guy wires or other reinforcing devices which would prolong the useful life of the sign.
(h) Moving an existing sign.
Non-conforming and/or Grandfathered Sign: a sign that was lawfully erected, but which does not comply with the provisions of M.G.L. c. 93D, M.G.L. c. 6C, 700 CMR 3.00, 23 U.S.C., 23 CFR 750.101, or which later fails to comply with the above referenced statutes and regulations due to changed conditions. Illegally erected or maintained signs are not Non-nonforming and/or Grandfathered signs. Only off-premise signs which have been continuously permitted by the Department and utilized since their erection may be eligible for Non-nonforming and/or Grandfathered status. These signs may not be altered in any way other than ordinary/customary maintenance. If any Non-conforming and/or Grandfathered sign is modified in any way or removed, it shall lose its Non-conforming and/or Grandfathered status. In no event shall on-premise signs be eligible for the protection of Non-conforming and/or Grandfathered status.
Office of Outdoor Advertising: the Office of Outdoor Advertising within the Massachusetts Department of Transportation.
On-premise or On-property Sign :
(a) A sign which consists solely of the name of the establishment or which identifies the establishment's primary or principal products or services offered on the property is an on-property sign.
(b) When a sign consists of a logo, brand name or trade name advertising and the product or service advertised is only incidental to the primary or principal activity, or if it brings rental income to the property owner, it shall be considered the business of outdoor advertising and not an on-property sign.
(c) A sale or lease sign which also advertises any product or service not conducted upon and unrelated to the business or selling or leasing the land on which the sign is located is not an on-property sign.
Ordinary/Customary Maintenance: any maintenance which does not prolong the useful life of the sign. Ordinary/Customary maintenance includes, but is not limited to, changing the message on the sign, painting fixtures and routine electrical repairs. Safetyimprovements maybe allowed with the prior approval of the Director.
Outdoor Advertising: any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform; any part of the advertising or information contents of which is visible from any public way, public park or reservation.
Person: any individual, partnership, corporation, firm, trustee, group, association, city, town, authority, county, agency or other governmental unit, excluding the Massachusetts Department of Transportation.
Pillar Displays: signs located on public property that are free standing and installed or maintained by or under contract with a public agency, municipality, authority or political subdivision of the Commonwealth of Massachusetts. At least one face of pillar displays must contain a message that serves a public purpose to include but not limited to maps, tourist information and other general municipal content.
Public Park or Reservation: any park, conservation, reservation, cemetery, playground parcel or other land, regardless of ownership, which is available for public use and is in excess of 30,000 square feet in aggregate.
Public Way: as defined by the laws of the Commonwealth of Massachusetts.
Secretary: Secretary of the Massachusetts Department of Transportation.
Sign: any billboard, display, light, figure, painting, drawing, poster, object or device, whether fixed or movable, which advertises, promotes or calls attention to any business, article, substance, idea or any other thing or concept, including both the supporting structure, fixtures and informative contents thereof. Each sign face or message shall be considered a separate sign for purposes of permit and renewal applications, fees and permit numbers.
Street Furniture Signs: includes, but is not limited to signs located on or within bus shelters, phone booths, restrooms, bicycle terminals, newspaper kiosks, trash receptacles or computer stations that are installed or maintained by or under contract with a public agency, municipality, authority or political subdivision of the Commonwealth of Massachusetts to provide a public service on public property. Signs affixed to bus shelters shall not exceed 25 square feet, unless otherwise approved by the Department.
Unlicensed Permit: a permit which authorizes an applicant who is not otherwise licensed to engage in outdoor advertising, to display an off-premise sign which exclusively advertises the applicant's off-site business.
