New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter IV - Highways
Subchapter C - Highway Use And Maintenance
Part 150 - Advertising Signs Adjacent To The Interstate And Primary Highway Systems
Section 150.12 - Maintenance of nonconforming signs

(1) nonconforming signs within 660 feet of the right-of-way on the interstate or primary system;

(2) nonconforming signs beyond 660 feet of the right-of-way outside of urban areas on the interstate and primary system;

(3) landmark signs, as established in section 150.11 of this Part; and

(4) grandfathered signs, as defined in section 150.1 of this Part.

When maintenance ceases in any of these categories, there will be a loss of nonconforming rights and removal will be required as a prohibited sign in accordance with subdivision 8 of section 88 of New York State Highway Law.

(1) The sign must have been actually in existence at the time the outdoor advertising control statutes or regulations promulgated thereunder became effective, as distinguished from a contemplated use such as a lease or agreement with the property owner.

(2) The property interest in the sign affected by the outdoor advertising control statutes or regulations promulgated thereunder must be substantial. Paper signs nailed to trees, abandoned signs and similar type signs are not protected as nonconforming signs.

(3) The right to continue a nonconforming sign shall not be confined to a sign owner or any one individual, firm, association or corporation so using the land. A nonconforming sign may be sold, leased, or the property interest therein otherwise transferred without affecting its status. The location of a nonconforming sign shall not be changed without such sign losing its status as a nonconforming sign. A nonconforming sign removed as a result of a right-of-way acquisition or for any other reason must be relocated in a conforming area, as a nonconforming use will not be permitted to be reestablished at a new location.

(4) The sign must have been lawfully erected on the effective date of the outdoor advertising control statutes or the regulations promulgated thereunder, and must continue to be lawfully maintained if such sign became nonconforming due to the provisions of the outdoor advertising control statutes. A sign which became nonconforming because of changed conditions must have been lawfully erected under State law as of the date of the changed conditions, and must continue to be lawfully maintained.

(5) A nonconforming sign may continue to exist as long as it is not changed. The nonconforming sign must remain substantially the same as it was in existence on the effective date of the outdoor advertising control statutes, or on the date that it became nonconforming due to changed conditions. Except for maintaining under these rules and regulations, any extension or enlargement of a sign is a change in existing use. Replacement, rebuilding or reerecting is a change in existing use, except that a sign may be rebuilt or reerected if it has been vandalized, or subjected to other criminal or tortious acts, providing such rebuilding or reerecting does not exceed 60 percent of the current fair market value, considering any accrued depreciation of such sign. If the replacement costs of such a sign exceed 60 percent of current fair market value, considering any accrued depreciation, such sign shall be considered to be the establishment of a new sign. The reasonable maintenance of a sign is not a change in existing use. This includes the change of advertising message and normal upkeep and repair of a sign structure. If the costs of customary maintenance and repairs exceed 15 percent of current fair market value, considering any accrued depreciation, of a sign, such activity will no longer be considered to be customary maintenance and repair and such sign will be considered to have been the establishment of a new sign and required to meet all applicable laws and regulations.

(6) No abandoned, destroyed or discontinued nonconforming sign that does not meet the requirements set forth in paragraphs (1)-(5) of this subdivision shall be permitted to continue to exist, and such sign shall be classified as an illegal sign and prohibited.

(7) A sign, even if blank, which is surrendered up to the State by the owner thereof for the purpose of acquisition by the State, and the State has accepted the offer of surrendering-up in writing to the owner thereof, shall not be considered abandoned or discontinued.

(8) Reasonable maintenance, repair and restoration of a nonconforming sign is permitted to enable such sign to remain in good condition. Good condition means a sign cannot be decayed, insecure, and must be in an upright position not in danger of falling or in otherwise safe condition.