North Dakota Administrative Code
Title 37 - Department of Transportation
Article 37-05 - Outdoor Advertising Adjacent to Highways
Chapter 37-05-01 - Application and Permit for Commercial Message Type Signs
Section 37-05-01-01 - Permit required
Current through Supplement No. 394, October, 2024
A person may not erect or maintain a sign along any portion of the right of way of any highway on the federal-aid primary system without having first obtained a written permit issued by the director.
Outside urban areas, any sign visible from the main-traveled way and meeting any of the criteria listed below is a sign which has been erected with the purpose of its message being read from the main-traveled way of any highway on the federal-aid primary system. These criteria apply to any sign regulated under North Dakota Century Code section 24-17-03.1. Where a sign is visible from the main-traveled way of more than one highway, one or more of which is a controlled highway under this article, the more stringent of the applicable control requirements applies. The criteria are:
1. The sign has any lettering one inch [2.54 centimeters] or more in height or width for each fifty feet [15.24 meters] of distance from the sign to the main-traveled way of a controlled highway, the distance from the sign to the main-traveled way being measured at right angles to the highway at the shortest distance between the sign and the centerline of the main-traveled way nearest the sign.
2. At least eighty percent of the total average daily traffic count of vehicles, as determined by department counts, on all highways from which the sign is visible is traveling in either or both directions along the main-traveled way of a highway on the federal-aid primary system.
3. The sign is visible from the main-traveled way of the highway for more than five seconds traveling at the posted speed limit, or for the time needed to read the whole message, whichever is less.
4. The sign is placed at an angle that makes it easily visible to traffic on the main-traveled way of the controlled highway.
5. The sign advertises a location not directly accessible from the noncontrolled highway, and is clearly intended for travelers on the main-traveled way of the controlled highway.
Unless the context otherwise requires, terms used herein are defined as in 23 CFR, part 750, subpart G.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09
