Current through Register Vol. 6, March 22, 2024
(1) An electronic
billboard (EBB) may be approved as an off-premise outdoor advertising sign if
it is visible to the traveling public from a controlled route and is within an
area zoned commercial or industrial within the city limits or urban area of an
incorporated or unincorporated city or town as shown on the department's
official city urban and unincorporated town maps.
(2) An EBB must meet all of the following
conditions:
(a) EBB messages must have a
minimum display (dwell) time of eight seconds and a maximum change (twirl)
interval of one second;
(b) an EBB
shall not exceed a brightness level of three tenths (0.3) footcandles over
ambient light as measured by the distance to the EBB as follows:
|
EBB face area (square feet) |
Distance of Measurement (feet from EBB) |
|
300-672 |
250 |
|
200-299 |
150 |
|
150-199 |
135 |
|
100-149 |
110 |
(c)
an EBB must use automatic dimming technology to adjust the brightness of the
EBB relative to ambient light to avoid exceeding the brightness level of three
tenths (0.3) footcandles;
(d) an
EBB must not be placed with illumination that interferes with the effectiveness
of or obscures an official traffic sign, device, or signal;
(e) an EBB must not cause beams or rays or
light to be directed at the traveled way if the light is of unreasonable
intensity or brilliance or is likely to be mistaken for a warning or danger
signal or cause glare or impair the vision of any driver, or to interfere with
the driver's operation of a motor vehicle;
(f) an EBB message must remain static and
nonmoving. Paging, scrolling, or streaming messages are prohibited. The message
must not use techniques of message display such as fading, rolling, window
shading, exploding, dissolving, spinning, revolving, or shaking
messages;
(g) an EBB must not
include or be illuminated by flashing, intermittent, or moving lights, nor use
jumping arrows or rapid chasing or flashing lamp borders, or lights which
resemble or simulate any lights used to control traffic;
(h) an EBB must not be located within 1000
feet of the beginning or ending of the pavement widening, for each entrance or
exit roadway, to the main-traveled way on interchanges, and within 500 feet of
an intersection;
(i) an EBB must
not be placed within 2000 feet of another permitted sign measured along the
nearest edge of the pavement between points directly opposite the signs on the
same side of the roadway;
(j) an
EBB must only be constructed as a single face, back-to-back, or two-faced
V-shaped structure. Only one face may be visible in each direction of the
main-traveled way. Side-by-side or stacked EBBs are prohibited;
(k) an EBB must not be a portable sign which
is used as permanent illuminated signage, as only a fixed sign is
allowed;
(l) an EBB must not use
wording that implies traffic control or a highway emergency;
(m) an EBB must not attempt or appear to
attempt to direct the movement of traffic and must not interfere with, imitate,
or resemble any official traffic sign, signal, or device;
(n) an EBB must contain a default mechanism
which will stop the sign face in one position if a malfunction which causes the
display to be in violation of this rule occurs, or within three hours when
notified by the department; and
(o)
an EBB must not cause interference with radio, television, or other utility
electronic signal.
(3)
An existing non-EBB may be modified or upgraded to EBB technology if the sign
conforms with EBB criteria established in this rule relating to zoning, size,
lighting, and spacing. Prior approval from the department is required to
upgrade an existing sign to EBB technology, including a new sign application
and a nonrefundable inspection fee.
(4) Nonconforming signs must not be modified
or upgraded to EBB technology.
(5)
All applications for EBB original or upgraded permits must be accompanied by an
approval issued by a local or county government on a form provided by the
department. Approval of an application and issuance of a permit do not
alleviate an applicant for responsibility to comply with all applicable county
or local regulations. Any violation of county or local regulations may result
in revocation of the permit.
(6)
All EBBs must undergo an inspection after installation to demonstrate the EBB's
ability to comply with all requirements set forth in this rule.
(7) Violation of this rule may result in
revocation of the permit.
AUTH:
75-15-121, MCA; IMP:
75-15-111,
75-15-112,
75-15-113,
MCA
