Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
provisions of this section establish the criteria for directional signs, as
allowed under section 88 of the Highway Law and consistent with the
National Standards as found in subpart B, part 750, chapter 1, 23 Code of
Federal Regulations. Directional signs will be categorized into public
directional signs and private directional signs. For the purposes of
application of the provisions of section
150.15 of
this Part, all public directional signs will be defined as official
signs.
(b) The following
requirements apply to the erection and maintenance of directional signs:
(1) General. The following signs are
prohibited:
(i) signs advertising activities
that are illegal under Federal or State laws or regulations in effect at the
location of those signs or at the location of those activities;
(ii) signs located in such a manner as to
obscure or otherwise interfere with the effectiveness of an official traffic
sign, signal or device, or obstruct or interfere with the driver's view of
approaching, merging or intersecting traffic;
(iii) signs which are erected or maintained
upon trees or painted or drawn upon rocks or other natural features;
(iv) obsolete signs;
(v) signs which are structurally unsafe or in
disrepair;
(vi) signs which move or
have any animated or moving parts;
(vii) signs located in rest areas, parklands
or scenic areas.
(2)
Size. No sign shall exceed the following limits:
(i) maximum area--150 square feet;
(ii) maximum height--20 feet; and
(iii) maximum length--20 feet.
All dimensions include border and trim, but exclude
supports.
(3)
Lighting. Signs may be illuminated, subject to the following:
(i) Signs which contain, include, or are
illuminated by, any flashing, intermittent or moving light or lights are
prohibited.
(ii) Signs which are
not effectively shielded so as to prevent beams or rays of light from being
directed at any portion of the traveled way of an interstate or primary
highway, or which are of such intensity or brilliance as to cause glare or to
impair the vision of the driver of any motor vehicle, or which otherwise
interfere with any driver's operation of a motor vehicle, are
prohibited.
(iii) No sign may be so
illuminated as to interfere with the effectiveness of, or obscure, an official
traffic sign, device or signal.
(4) Spacing.
(i) Each location of a directional sign must
be approved by the New York State Department of Transportation.
(ii) No directional sign may be located
within 2,000 feet of an interchange, or intersection at grade along with the
interstate system or other freeways (measured along the interstate or freeway
from the nearest point of the beginning or ending of pavement widening at the
exit from or entrance to the main-traveled way).
(iii) No directional sign may be located
within 2,000 feet of a rest area, parkland or scenic area.
(iv)
(iv)
(a) No two directional signs facing the same
direction of travel shall be spaced less than one mile apart.
(b) Not more than three directional signs
pertaining to the same activity and facing the same direction of travel may be
erected along a single route approaching the activity.
(c) Signs located adjacent to the interstate
system shall be within 75 air miles of the activity.
(d) Signs located adjacent to the primary
system shall be within 50 air miles of the activity.
(5) Message content.
The message on directional signs shall be limited to the identification of the
attraction or activity and directional information useful to the traveler in
locating the attraction, such as mileage, route numbers or exit numbers.
Descriptive words or phrases, and pictorial or photographic representations
including trade-name logos of the activity or its environs, are
prohibited.
(6) Selection method
and criteria.
(i) Privately owned activities
or attractions eligible for directional signing are limited to the following:
natural phenomena; scenic attractions; historic, educational, cultural,
scientific and religious sites; and outdoor recreational areas. To be eligible,
privately owned attractions or activities must be nationally or regionally
known, and of outstanding interest to the traveling public.
(ii) The following requirements must be met
in order for a sign to be classified as a directional sign:
(a) no private directional signs will be
permitted to be erected in protected areas;
(b) public directional signs shall be limited
to those erected by the Department of Transportation or under authorization by
the Department of Transportation given to a public officer, department or
agency;
(c) public directional
signs will be permitted to be erected only if such a sign conveys the permitted
type of information and is in conformance with the Federal requirements for
directional signs;
(d) all
directional signs must be of such a nature as to provide necessary information
to the traveling public about goods and services available to such traveling
public;
(e) a directional sign and
the information contained thereon must be functionally and aesthetically
compatible with its surroundings; and
(f) all directional signs must meet the
national standards as are found in subpart B, part 750, chapter I, title 23 of
the Code of Federal Regulations, "National Standards for Directional and
Official Signs", as may be amended. Such a directional sign is limited to a
maximum of 150 square feet and must give directional information about natural
phenomena, historic, cultural, scientific, educational and religious sites and
areas of natural scenic beauty or naturally suited for outdoor recreation. Both
public and privately owned attractions which are qualifying activities must be
of outstanding interest to the traveling public, and nationally or regionally
known, as well as meet the State selection criteria. The State Department of
Transportation has the responsibility for establishing such selection criteria
and obtaining the approval of same from the United States Department of
Transportation.
(7) If a sign meets all of the requirements
set forth in this section, the Department of Transportation will determine
whether an individual sign qualifies as a private directional sign after the
submission of data relative to such sign to the Department of Commerce,
Department of Environmental Conservation and the Outdoor Advertising Council
established by subdivision 13 of section 88 of the Highway Law, for review, comment
and recommendation.