An Act To Amend the Laws Restricting Advertising on Public Ways
Maine Legislature, Session 125, LD 1405
Committee: Transportation
Sponsors: KESCHL, SHERMAN, SAVIELLO, CHIPMAN, CLARK, FITTS, HAMPER, MAKER, PICCHIOTTI, SARTY
Amends: 23 MRSA §1901, 23 MRSA §1902, 23 MRSA §1903, 23 MRSA §1913-A, 23 MRSA §1914

Legislative Document 
No. 1405 
H.P. 1033 
House of Representatives, April 5, 2011 
An Act To Amend the Laws Restricting Advertising on Public Ways 
Reference to the Committee on Transportation suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative KESCHL of Belgrade. 
Cosponsored by Senator SHERMAN of Aroostook, Senator SAVIELLO of Franklin and 
Representatives: CHIPMAN of Portland, CLARK of Easton, FITTS of Pittsfield, HAMPER of 
Oxford, MAKER of Calais, McKANE of Newcastle, PICCHIOTTI of Fairfield, SARTY of 
Denmark. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §1901, sub-§2, as repealed and replaced by PL 1981, c. 318, 
§1, is amended to read: 
2.  Information discrimination. Very few convenient means exist in the State to 
provide information on available public accommodations, commercial services for the 
traveling public and other lawful businesses and points of scenic, historic, cultural, 
educational and religious interest.  Provision of those facilities can be a major factor in 
encouraging the development of the tourist industry in Maine.  Signs are recognized as a 
key component in providing valuable information to the motoring public regarding the 
availability of basic services, including rest facilities and health services and historic and 
scenic sites to enhance the interest of and educate visitors about the full spectrum of 
reasons to visit and to live in this State. 
Sec. 2.  23 MRSA §1901, sub-§4, as repealed and replaced by PL 1981, c. 318, 
§1, is amended to read: 
4.  Preservation of scenic resources. The scattering of outdoor advertising not 
located on the site of the business throughout the State is detrimental to the preservation 
of those scenic resources, and so to the economic base of the State, and is also not an 
effective method of providing information to tourists about available facilities. 
Sec. 3.  23 MRSA §1901, sub-§5, as repealed and replaced by PL 1981, c. 318, 
§1, is repealed. 
Sec. 4.  23 MRSA §1902, sub-§3, as repealed and replaced by PL 1981, c. 318, 
§1, is amended to read: 
3.  Control outdoor advertising.  Prohibit and control the indiscriminate use of 
outdoor advertising not located on the site of the business; and 
Sec. 5.  23 MRSA §1903, sub-§3, as repealed and replaced by PL 1981, c. 318, 
§1, is amended to read: 
3.  Interstate system or interstate highway.  "Interstate system" or "interstate 
highway" means any state highway which that is or does become becomes part of the 
national system of interstate or defense highways, as described in the United States Code, 
Title 23, section 103(d) and amendments thereto or replacements thereof.  "Interstate 
system" or "interstate highway" includes ramps and interchange areas. 
Sec. 6.  23 MRSA §1903, sub-§8, as repealed and replaced by PL 1981, c. 318, 
§1, is amended to read: 
8.  On-premises sign. "On-premise On-premises sign" means a sign which that is 
erected and maintained according to the standards set forth in section 1914 upon the same 
real property that the business, facility or point of interest is located or an approach sign 
as permitted by section 1914, subsection 10. The signs shall sign may only advertise the 
business, facility or point of interest conducted thereon or the sale, rent or lease of the 
property upon which it is located. 
Sec. 7.  23 MRSA §1903, sub-§8-A is enacted to read: 
8-A.  Outdoor area.  "Outdoor area" means an area in which the majority of 
activities are conducted outdoors, including a recreational area such as a golf course or 
ski area, a scenic area such as a park or overlook, a farm or an orchard. 
Sec. 8.  23 MRSA §1903, sub-§9-A is enacted to read: 
9-A.  Point of interest.  "Point of interest" means, without limitation, an outdoor area 
or other place of historical, cultural, educational or religious interest, whether publicly or 
privately owned. 
Sec. 9.  23 MRSA §1903, sub-§10-C is enacted to read: 
10-C.  Principle structure.  "Principle structure" means a regularly used building 
where the advertised business or activity is carried on or practiced or a parking lot, 
storage or processing area or other structure that is essential and customary to the conduct 
of the advertised business or activity. 
Sec. 10.  23 MRSA §1903, sub-§16, as repealed and replaced by PL 1981, c. 318, 
§1, is amended to read: 
16.  Traffic control sign or device.  "Traffic control sign or device" means an 
official route marker, warning sign, sign directing traffic to or from a community, bridge, 
ferry or, airport, or public facility, as defined in Title 27, section 452, subsection 5, or 
sign regulating traffic, which has been erected by officers having jurisdiction over the 
public way and these signs shall be are exempt from the requirements of this chapter. 
Sec. 11.  23 MRSA §1913-A, sub-§1, ¶H, as amended by PL 1999, c. 152, Pt. G, 
§2, is further amended to read: 
H.  Signs bearing political messages relating to an election, primary or referendum, 
provided except that these signs may not be placed within the right-of-way prior to 6 
weeks before the election, primary or referendum to which they relate and must be 
removed by the candidate or political committee not later than one week thereafter; 
and 
Sec. 12.  23 MRSA §1913-A, sub-§1, ¶I, as enacted by PL 1999, c. 152, Pt. G, 
§3, is amended to read: 
I.  Adopt-A-Highway Program signs allowed under section 1117.; and 
Sec. 13.  23 MRSA §1913-A, sub-§1, ¶J, is enacted to read: 
J.  Signs erected by a real estate brokerage agency to advertise the sale of real estate. 
Sec. 14.  23 MRSA §1914, sub-§3, as repealed and replaced by PL 1981, c. 318, 
§4, is repealed and the following enacted in its place: 
3.  Location.  On-premises signs must be located within 2,500 feet of a principle 
structure or within 2,500 feet of the point of interest. 
For purposes of determining distance under this subsection: 
A.  If the advertised business or activity is a commercial or industrial activity, the 
measurement must be from a principle structure; and 
B.  If the advertised business or activity is a point of interest, the measurement must 
be from a principle structure unless the point of interest is an outdoor area, in which 
case the measurement must be from the geographical boundary of that outdoor area. 
Sec. 15.  23 MRSA §1914, sub-§4, as repealed and replaced by PL 1981, c. 318, 
§4, is amended to read: 
4.  Location; relation to public way.  No on-premise signs may be An on-premises 
sign is not permitted:  
A.  Within 33 feet of the center line of any public way if the highway is less than 66 
feet in width; 
B.  Within 20 feet from the outside edge of the paved portion of any public way with 
more than 2 travel lanes and a total paved portion in excess of 24 feet in width unless 
the sign is erected using breakaway mounting devices approved by the Department of 
Transportation.  For purposes of this paragraph, a turning lane in an area with a 
posted speed limit of 35 miles per hour or less is not considered a travel lane; or 
C.  Within the full width of the right-of-way of any public way. 
Paragraphs A and B shall do not apply to signs erected before September 1, 1957. 
Sec. 16.  23 MRSA §1914, sub-§5, as repealed and replaced by PL 1981, c. 318, 
§4, is repealed and the following enacted in its place: 
5.  Interstate highways.  On-premises signs adjacent to the interstate system are 
controlled by this subsection. 
A.  Not more than one on-premises sign visible from the interstate system advertising 
the sale or lease of a property is permitted on land adjacent to any portion of the 
interstate system. 
B.  Not more than one on-premises sign visible from any portion of the interstate 
system is permitted at a distance of more than 50 feet from a principle structure. 
C.  The advertising display of an on-premises sign located within 600 feet of the 
interstate system and more than 50 feet from a principle structure may not exceed 20 
feet in length or width or 150 square feet in area, including border and trim, but 
excluding supports. 
D.  Notwithstanding paragraph C, the commissioner shall authorize placement of 
larger signs that advertise facilities for food, fuel or lodging as follows. 
(1)  A sign may be placed in a travel plaza as long as the sign is no more than 100 
feet in height, the display area does not exceed 400 square feet and the 
dimensions of the advertisement do not exceed 35 feet in length or width. 
(2)  A sign may be placed on property abutting the interstate system if that sign is 
set back from the interstate system between 100 feet and 250 feet and the sign is 
no more than 50 feet in height, the display area does not exceed 200 square feet 
and the dimensions of the advertisement do not exceed 25 feet in length or width. 
(3)  A sign may be placed on property abutting the interstate system if that sign is 
set back from the interstate system more than 250 feet but no more than 400 feet 
and the sign is no more than 75 feet in height, the display area does not exceed 
square feet and the dimensions of the advertisement do not exceed 30 feet in 
length or width. 
(4)  A sign may be placed on property abutting the interstate system if that sign is 
set back from the interstate system more than 400 feet but no more than 600 feet 
and the sign is no more than 100 feet in height, the display area does not exceed 
square feet and the dimensions of the advertisement do not exceed 35 feet in 
length or width. 
E.  Any on-premises sign located more than 50 feet from a principle structure that 
displays a trade name that refers to or identifies a service rendered or product sold 
must display the name of the advertised business, facility or point of interest as 
conspicuously as that trade name.  
For purposes of determining compliance with this subsection, distances must be measured 
in the same manner as in subsection 3.  The commissioner shall adopt routine technical 
rules, as defined in Title 5, chapter 375, subchapter 2-A, to implement this subsection. 
Sec. 17.  23 MRSA §1914, sub-§8, as repealed and replaced by PL 1981, c. 318, 
§4, is amended to read: 
8.  Height. The maximum height of on-premise signs shall be 25 an on-premises sign 
except on land adjacent to the interstate system is 35 feet above the ground level of land 
upon which it is located or if the sign is affixed to or is part of a building, the maximum is 
feet above the roof of the building.  The maximum height of a sign approved by the 
commissioner as described in subsection 5, paragraph D on property that abuts or is 
within the interstate system is 100 feet above the land upon which the sign is located. 
Sec. 18.  23 MRSA §1914, sub-§10, as repealed and replaced by PL 1981, c. 318, 
§4, is amended to read: 
10.  Approach signs.  Any A business or facility whose principal building, or a point 
of interest, which when the business's or point of interest's principle structure is located 
on a public or private way more than 1,000 feet from the nearest intersection with a 
public way, or is not visible to traffic from the nearest public way, may erect no more 
than 2 3 approach signs, each with a total surface area not to exceed 100 square feet per 
sign side. These signs are to must be located on a lot of record, as that term is defined in 
subsection 11-A, paragraph A, subparagraph (3), that is contiguous with property of the 
place of business or point of interest outside the public right-of-way limits within 300 feet 
of the junction of the public and private ways intersection with the other public way.  For 
purposes of determining compliance with this subsection, distances must be measured in 
the same manner as in subsection 3. 
Sec. 19.  23 MRSA §1914, sub-§11-A, as amended by PL 2007, c. 124, §§1 and 
2, is further amended to read: 
11-A.  Changeable signs.  Notwithstanding subsection 6, paragraphs C and E, 
changeable signs are not prohibited as long as the sign complies with all the terms of this 
subsection.  The Department of Transportation shall administer the provisions of this 
subsection. 
A.  As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1)  "Changeable sign" means an on-premise on-premises sign created, designed, 
manufactured or modified in such a way that its message may be electronically, 
digitally or mechanically altered by the complete substitution or replacement of 
one display by another on each side. 
(2)  "Display" means that portion of the surface area of a changeable sign that is 
or is designed to be or is capable of being periodically altered for the purpose of 
conveying a message. 
(3)  "Lot of record" means a lot for which the deed was legally recorded, or that 
was created by a plan legally recorded, in the registry of deeds for the county 
where the lot is located.  Contiguous lots of record in the same ownership are 
considered one lot. 
(4)  "Message" means a communication conveyed by means of a visual display of 
text, a graphic element or pictorial or photographic image. 
(5)  "Sign assembly" means the display, border, trim and all supporting apparatus, 
including posts, columns, pedestals and foundation. 
(6)  "Time and temperature sign" means a changeable sign that electronically or 
mechanically displays only the time and, temperature or date by the complete 
substitution or replacement of a display showing the time with a display showing 
the temperature or the date. 
B.  The display on each side of a changeable sign: 
(1)  May be changed no more than once every 20 minutes per minute, unless the 
municipality in which the sign is located adopts an ordinance to the contrary and 
notifies the Department of Transportation in writing of that ordinance.  If a 
municipal ordinance is adopted, the municipality is responsible for the 
administration of that ordinance; 
(2)  Must change as rapidly as technologically practicable, with no phasing, 
rolling, scrolling, flashing or blending, unless the municipality in which the sign 
is located adopts an ordinance to the contrary and notifies the Department of 
Transportation in writing of that ordinance.  If a municipal ordinance is adopted, 
the municipality is responsible for the administration of that ordinance.  
Notwithstanding this subparagraph, a municipality may not adopt an ordinance 
that allows the sign to flash or display continuous streaming of information or 
video animation; and 
(3)  May consist of alphabetic or numeric text on a plain or colored background 
and may include graphic, pictorial or photographic images unless the 
municipality in which the sign is located adopts an ordinance to the contrary and 
notifies the Department of Transportation in writing of that ordinance.  If a 
municipal ordinance is adopted, the municipality is responsible for the 
administration of that ordinance. 
C.  The display may comprise no more than 50% of the surface area of a changeable 
sign may not exceed 80% of the total advertising area of the entire sign structure; 
20% of the total advertising area of a sign structure must remain static. 
D.  No more than one changeable sign with 2 sides is allowed per street abutting the 
lot of record. 
E.  Changeable signs may not be located so that the message is readable from a 
controlled-access highway or ramp. 
F.  The highest point of the display of a changeable sign on a freestanding sign 
structure may not exceed a height of 25 35 feet above either the centerline of the 
nearest public way or actual ground level adjacent to the sign, whichever is lower. 
G.  Changeable message board signs existing in accordance with the requirements of 
former subsection 11 continue to exist if the signs: 
(1)  Are reasonably incapable of being modified or reprogrammed to comply with 
this section as amended; and 
(2)  Are not replaced, substantially rebuilt, reconstructed or repaired beyond 
routine maintenance. 
H.  The size, intensity of illumination and acceptable rate of change between the time 
display, the date display and the temperature display of a time and temperature sign 
must comply with rules, policies or guidelines adopted by the Department of 
Transportation.  Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.  Time and temperature signs erected 
prior to September 29, 1995 need not comply with those rules, policies or guidelines 
may not occur more often than once every 2 seconds. 
SUMMARY 
This bill amends the use of on-premises signs in the following ways. 
1.  It increases the distance that a sign may be erected from a principle structure of a 
business or point of interest from 1,000 feet to 2,500 feet. 
2.  It provides definitions of "point of interest," "outdoor area" and "principle 
structure" for purposes of determining distance for placement of on-premises signs. 
3.  It allows on-premises signs to be placed within 20 feet of the edge of certain 
public ways with more than 2 travel lanes if the signs are erected using approved 
breakaway mounting devices. 
4.  It requires the Commissioner of Transportation to manage the permitting process 
and to authorize the placement of signs adjacent to interstate highways larger and taller 
than allowed under current law. 
5.  It increases from 2 to 3 the number of approach signs a business or point of 
interest may have if that business or point of interest is not visible from or is located more 
than 1,000 feet from a public way intersection and permits those approach signs to be 
2-sided. 
6.  It allows changeable signs to change once per minute; current law limits the 
change to once every 20 minutes. 
7.  It allows a business or point of interest to have one changeable sign per public 
way that the business or point of interest abuts. 
8.  It allows time and temperature signs to also display the date and permits those 
signs to change as frequently as once every 2 seconds. 
9.  It allows for changeable signs to be erected adjacent to and for viewing from the 
interstate highway system. 
10.  It increases the maximum height of a freestanding sign structure statewide from 
feet to 35 feet above grade. 
11.  It recognizes the value and the role of signs for disseminating information to the 
motoring public. 
12.  It allows for placement of signs by real estate brokerage agencies for the sale of 
real estate.