Nebraska Administrative Code
Topic - TRANSPORTATION, DEPARTMENT OF
Title 411 - NEBRASKA DEPARTMENT OF TRANSPORTATION - TRAFFIC ENGINEERING DIVISION
Chapter 4 - Specific Informational and Business (Logo) Signs
Section 411-4-003 - ELIGIBILITY REQUIREMENTS

Universal Citation: 411 NE Admin Rules and Regs ch 4 ยง 003

Current through March 20, 2024

003.01 The eligibility requirements are applicable to all Type A and Type B Signs erected.

003.02 Qualified businesses must provide the Department or the Agent with a written assurance of conformity with all Federal and State laws concerning the provisions of public accommodations without regard to race, religion, color, age, sex or national origin, and laws concerning the licensing and approval of service facilities.

003.03 Any facility that provides gas, food, lodging, camping or is an attraction that has erected an advertising sign that does not comply with the requirements of Neb.Rev.Stat. §§ 39-213 through 39-226 and the Rules and Regulations, Title 410, Chapter 3, Section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System, shall not be eligible to be identified on any of the Business (Logo) signs until all illegal signs are removed or brought into conformity with the law.

003.04 SERVICES PROVIDED

- In order to be a qualified business, the business must provide one or more of the following services: gas, food, lodging, camping or attraction.

003.04A Such business must also meet the following criteria:
003.04A1 Gas-diesel vehicle service stations shall:
003.04A1a Provide fuel, oil and water.

003.04A1b Provide modern restroom facilities and drinking water.

003.04A1c Provide a telephone available for public use.

003.04A1d Be in continuous operation at least 16 hours per day, seven days per week, on the Interstate or freeway; and at least 12 hours per day, seven days per week, on Primary Highways.

003.04A2 Food and restaurant facilities shall:
003.04A2a Be approved and/or licensed by the State Agency or political entity having jurisdiction.

003.04A2b Be in continuous operation to serve at least two meals per day, at least six days per week.

003.04A2c Provide modern restroom facilities.

003.04A2d Provide a telephone available for public use.

003.04A3 Lodging, motel and hotel facilities shall:
003.04A3a Be approved and/or licensed by the State Agency or political entity having jurisdiction.

003.04A3b Provide a telephone available for public use.

003.04A3c Provide adequate sleeping accommodations.

003.04A3d Provide modern restroom facilities.

003.04A4 Camping and campground facilities shall:
003.04A4a Be approved and/or licensed by the State Agency or the political entity having jurisdiction.

003.04A4b Provide modern restroom facilities and drinking water.

003.04A4c Provide adequate camping and parking spaces.

003.04A4d Business signs for campgrounds operated on a seasonal basis will be covered or removed during the off season.

003.04A5 Attraction services shall:
003.04A5a Be of regional significance with the primary purpose of providing amusement, historical, cultural or leisure activity to the public.

003.04A5b Provide adequate parking accommodations.

003.04A5c Provide modern restroom facilities and drinking water.

003.04A5d Be open to the public at least 40 hours per week, at least five days a week, one of which must be a Saturday or a Sunday, for the normal operating season for the type of business. Exceptions:
(1) This requirement shall not apply to certain facilities such as: arenas, stadiums, amphitheaters or race tracks.

(2) A winery or brewery shall be open at least 20 hours per week; the week must include a Saturday or a Sunday.

003.04A5e Be appropriately licensed as required by law, where required.

003.04A5f Be approved by the State Historical Society, where required.

003.04A6 The attraction must be one of the following types of facilities:
(1) area of natural beauty or phenomena,

(2) historical site,

(3) cultural site or museum,

(4) scientific site,

(5) recreational site or facility, or

(6) golf course.

003.04A7 Business signs for attractions operated on a seasonal basis will be covered or removed during the off season.

003.05 LOCATION OF THE BUSINESS

003.05A Specific Informational signs shall be erected only for qualified businesses located within three miles of the interchange, or intersection, as the case may be, as measured from the gore of the exit ramp, right-turning lane, or intersection, to the nearest point of intersection of the driveway of the qualified business and public highway, except as provided in Sections 003.05B through 003.05F.

003.05B If no qualified business of a specific type exists, or participates in this program, within three miles of the interchange, or intersection, then successive three-mile increments may be considered. If considered, then all qualified businesses within the successive increment may be included, but not to exceed the maximum capacity of the individual service sign.

003.05C Gas, food and lodging services located more than six miles from the interchange, or intersection, shall not be eligible for posting.

003.05D Camping services located more than 15 miles from the interchange, or intersection, shall not be eligible for posting.

003.05E Attraction services located more than 15 miles from the interchange, or intersection, shall not be eligible for posting.

003.05F A qualified business (other than attractions) located more than three miles from an interchange, or intersection, shall not qualify for posting if a motorist could obtain similar services adjacent to the next interchange or intersection, by traveling fewer miles.

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