Nebraska Administrative Code
Topic - TRANSPORTATION, DEPARTMENT OF
Title 411 - NEBRASKA DEPARTMENT OF TRANSPORTATION - TRAFFIC ENGINEERING DIVISION
Chapter 5 - Tourist-Oriented Directional Sign (TODS) Panels
Section 411-5-008 - ADMINISTRATIVE
Universal Citation: 411 NE Admin Rules and Regs ch 5 ยง 008
Current through September 17, 2024
008.01 The Department or the Agent shall give one public notice of intent to erect TODS panels at an intersection 30 days prior to accepting requests to place Activity plaques on the signs. Said notice of intent shall be published in a legal newspaper of the county or counties where the signs will be erected. Said notice shall specify from whom applications may be requested, and where or to whom said applications must be submitted for consideration.
008.02 Application
008.02A Written requests for
space on the TODS panels shall be submitted to the Department or the
Agent.
008.02B All requests must be
made by the owner or responsible operator of a qualified activity.
008.02C A maximum of four Activity plaques
each for the left-turn direction, right-turn direction and for the ahead
direction will be available at any location.
008.02D In the event that the requests to
place Activity plaques on TODS panels exceeds the available space, the
following criteria shall be used to determine the allocation of spaces on TODS
panels:
008.02D1 In all instances, those
activities nearest to the intersection will be given priority.
008.02D2 The first four applications received
from qualified activities shall be selected to place their Activity plaque on
the TODS panel if said applicants meet the criteria set forth in these
regulations. The applications may be received by either the Agent or the
Department headquarters in Lincoln, Nebraska, whichever is designated in the
public notice required in section 008.
008.02D3 Once the maximum number of
activities are posted on the TODS panels at an intersection, other similar type
activities closer to the intersection shall have priority over the first
applicant. The first applicant shall have the right to occupy his or her space
for one year from the date of installation or rental
period.
008.03 Audit
008.03A At the request of the Department
or Agent, the owner or responsible operator of an activity must provide any
information and/or documentation available to the owner or responsible operator
which demonstrates that the activity derives the major portion of its income or
visitors during the normal business season from motorists not residing in the
immediate area of the activity. The owner or responsible operator of the
activity shall keep, maintain, and make such information and/or documentation
available for inspection and audit at any time, following reasonable notice,
after an application for a TODS panel has been submitted. The records may
include, but are not limited to, guestbooks, attendance records, license plate
numbers, tax receipts, and credit card receipts.
008.04 Maintenance
008.04A The Department or Agent shall repair
or replace within four weeks after damage occurs, any TODS panels that are
destroyed or damaged by act of God or vehicle accident.
008.04B The Agent shall be responsible for
washing all TODS panels and Activity plaques on an annual basis or at any time
the reflectorized facing becomes dull.
008.04C The Agent shall be responsible for
conducting an inspection annually on any breakaway mechanism for dirt or other
obstruction that may interfere with the breakaway mechanism. All bolts shall be
loosened and retorqued to proper specification.
008.04D The Agent shall be responsible for
the cost of the relocation of TODS panels for highway improvements and shall
complete the relocation within 60 days after notification that the sign must be
removed.
008.05 Removal of Activity Plaques and Covering Seasonal Activity Plaques
008.05A The owner of any Activity plaque must
be notified by certified mail a minimum of 30 days in advance of the removal of
his or her plaque for any cause.
008.05B Activity plaques may be covered or
removed for any of the following:
008.05B1
Failure to pay rental fee.
008.05B2
Owning signs, leasing a sign, or leasing space on signs that are in conflict
with the Rules and Regulations, Title 410, Chapter 3, section 002, Control of
Advertising in Areas Adjacent to the Highway Beautification Control
System.
008.05B3 Failure to meet
the minimum requirements as set forth in the state statutes, these Rules and
Regulations, and as provided under section 003.
008.05B4 Repeated delinquency as to any of
the aforesaid violations.
008.05C If an activity is closed due to fire,
accident, remodeling or other emergencies for more than seven, but not more
than 90 days, then the Agent shall have the Activity plaque covered to prevent
inconveniencing the traveling public. The business shall not lose its priority
or be required to reapply prior to the normal expiration of its contract.
Extensions of time beyond 90 days may be granted in such case where insurance
claims or financial arrangements require additional time. However, an owner
who, due to his or her own negligence, fails to open within the 90-day period
may lose his or her right to occupy the TODS panel.
008.05D The Agent shall be responsible for
covering, or removing and subsequently reinstalling, the Activity plaque for
activities operated on a seasonal basis within five working days of the
activities' closure. Where all of the activities on a TODS panel are closed,
the entire sign, including posts, shall be removed or the entire sign panel can
be covered. In addition, all Trailblazer signs shall be removed or
covered.
008.05E Sign and panel
covers shall be constructed of opaque and reasonably substantial material,
bearing no advertising or readable message, and be fastened in such a manner
that wind and normal weather conditions will not dislodge, tear, or permit
fluttering of the covering. Lost, torn, vandalized, or unsightly coverings
shall be replaced as soon as weather and road conditions permit.
008.06 Fees for TODS Panels
008.06A The fee for placing Activity plaques
on TODS panels shall include, but not be limited to: the fair market rental
value of the sign site; fabrication, erection, maintenance or servicing of TODS
panels and Activity plaques; removal or covering Activity plaques; other costs
associated with the program; and when applicable, reasonable profit for the
Agent operating the program. An additional fee shall be charged for required
Trailblazer signs. The fee for each space on the TODS panel shall be the same
for all activities, except seasonal activities. The annual fee paid by the
seasonal activity may be reduced by the ratio that the number of full or
partial months that the facility is closed to the public usage bears to the
number of months in a year, but the resulting fee shall be not less than 50% of
the annual fee. The lease agreement shall be for a term of not less than one
year, nor more than five years. It shall specify the cost of Trailblazer signs
and the covering of Seasonal plaques and other information that is
necessary.
008.07 Oversight of the Agent by the Department
008.07A The Department shall review all
proposed locations for TODS panels to determine if there is a conflict with
existing signs or future sign installations. The Department may make spot
checks of the leases with the applicant, check activities for compliance with
state statutes and these regulations, and make such audits as may be necessary.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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