An Act To Make Changes to and Clarify Maine Traveler Information Services Laws
Maine Legislature, Session 126, LD 1721
Committee: Transportation
Sponsors: THERIAULT, COLLINS, GILLWAY, TURNER, VEROW, MAZUREK
Amends: 23 MRSA §1903, 23 MRSA §1912-B, 23 MRSA §1913-A, 23 MRSA §1914, 23 MRSA §1925

Legislative Document 
No. 1721 
H.P. 1231 
House of Representatives, January 13, 2014 
An Act To Make Changes to and Clarify Maine Traveler 
Information Services Laws 
Submitted by the Department of Transportation pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative THERIAULT of Madawaska. 
Cosponsored by Senator COLLINS of York and 
Representatives: GILLWAY of Searsport, TURNER of Burlington, VEROW of Brewer, 
Senator: MAZUREK of Knox. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §1903, sub-§1-C, as enacted by PL 1997, c. 635, §1, is 
repealed. 
Sec. 2.  23 MRSA §1903, sub-§8, as amended by PL 2011, c. 115, §1, is further 
amended to read: 
8.  On-premises sign.  "On-premises sign" means a sign that is erected and 
maintained according to the standards set forth in section 1914 upon the real property 
upon which the business, facility or point of interest advertised by the sign is located, a 
sign licensed pursuant to section 1914, subsection 4 that is within the portion of the 
public right-of-way that abuts that real property or an approach sign as permitted by 
section 1914, subsection 10. The sign may advertise only the business, facility or point of 
interest at, or the sale, rent or lease of, the property upon which it is located. 
Sec. 3.  23 MRSA §1903, sub-§10-B, as enacted by PL 1997, c. 635, §1, is 
repealed. 
Sec. 4.  23 MRSA §1903, sub-§10-C is enacted to read: 
10-C.  Principal building or structure.  "Principal building or structure" means a 
building where an advertised business or activity is regularly carried on or practiced or a 
parking lot or storage or processing area or other structure that is essential and customary 
to the conduct of the advertised business or activity. 
Sec. 5.  23 MRSA §1912-B, last ¶, as amended by PL 2011, c. 344, §30, is 
repealed. 
Sec. 6.  23 MRSA §1913-A, as amended by PL 1999, c. 152, Pt. G, §§2 and 3, is 
further amended to read: 
§1913-A.  Categorical signs 
1.  Types of signs within the public right-of-way.  The following signs may be 
erected and maintained within the public right-of-way without license or permit under as 
long as they conform to applicable provisions of this subsection and rules adopted 
pursuant to this chapter as follows: 
A.  Signs of erected by a duly constituted governmental body, a soil and water 
conservation district or a regional planning district; 
B.  Signs located on or in the rolling stock of common carriers, except those which 
that are determined by the commissioner to be circumventing the intent of this 
chapter.  Circumvention shall include includes, but is not be limited to, signs which 
that are continuously in the same location or signs that extend beyond the height, 
width or length of the vehicle; 
C.  Signs on registered and inspected motor vehicles, except those which that are 
determined by the commissioner to be circumventing the intent of this chapter.  
Circumvention shall include includes, but is not be limited to, signs which that are 
continuously in the same location or signs that extend beyond the height, width or 
length of the vehicle; 
D.  Signs, with an area of not more than 260 square inches, identifying stops or fare 
zone limits of motor buses; 
E.  Signs showing the place and time of service or meetings of religious and civic 
organizations, in the municipality or township.  Each religious or civic organization 
may erect no more than 4 signs.  No sign may exceed in size 24 inches by 30 inches; 
F.  Memorial signs or tablets; 
G.  Hand-held or similar signs outside the public way not affixed to the ground or 
buildings; 
H.  Signs bearing political messages relating to an election, primary or referendum, 
provided that these signs which 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 
I.  Adopt-A-Highway Program signs allowed under section 1117.; 
J.  Signs erected by a producer of farm and food products, as defined in Title 7, 
section 415, subsection 1, paragraph B, as long as such signs advertise products that 
are grown, produced and sold on the producer's premises. A producer that grows, 
produces and sells farm and food products from a location with frontage on a 
numbered state highway may not erect a sign pursuant to this paragraph adjacent to 
that highway. Signs must be directional in nature and may advertise only the farm 
and food product that is available for immediate purchase. A sign may not exceed 8 
square feet in size and must be located within 5 miles of where the farm and food 
product is sold. A producer may not erect more than 4 signs pursuant to this 
paragraph, and the total number of signs erected by that producer pursuant to this 
paragraph and section 1911, subsection 2 may not exceed 6; and 
K.  Signs erected for a farmers' market, as defined in Title 7, section 415, subsection 
1, paragraph A, as long as such signs are directional in nature and advertise only the 
farm and food products that are available for purchase at that farmers' market.  A 
farmers' market may not erect more than 4 signs pursuant to this paragraph, and the 
total number of signs erected by that farmers' market pursuant to this paragraph and 
section 1911, subsection 2 may not exceed 6.  A farmers' market may erect a banner 
advertising a farmers' market over a public way if the farmers' market obtains 
municipal approval and complies with rules adopted pursuant to this chapter. 
2.  Types of signs outside the right-of-way. The following signs may be erected and 
maintained outside of the public right-of-way without license or permit under this chapter 
as follows as long as they meet applicable provisions of this subsection and rules adopted 
pursuant to this chapter: 
A.  Signs erected by a public, civic, philanthropic, charitable or religious organization 
announcing an auction, public supper, lawn sale, campaign or drive or other like 
event or soliciting contributions; 
B.  Signs erected by fairs and expositions within the county where the activity is 
located; 
C.  Signs bearing religious messages and signs showing the time and place of services 
or meetings of religious and civic organizations; 
D.  Signs erected by nonprofit historical and cultural institutions.  Each institution 
which that has certified its nonprofit status with the commissioner, may erect not 
more than 2 signs with a surface area not to exceed 50 square feet per sign; and 
E.  Signs bearing political messages; and. 
G.  Signs erected between May 1st and December 31st by a producer of agricultural 
products, as long as those signs advertise products that are grown, produced and sold 
on the producer's premise.  A producer that grows, produces and sells an agricultural 
product from a location with frontage on a numbered state highway may not erect a 
sign under this paragraph adjacent to that highway.  Signs must be directional in 
nature and may advertise only the agricultural product that is available for immediate 
purchase.  The producer erecting the sign shall remove the sign once the agricultural 
product advertised on the sign is no longer available.  A sign may not exceed 8 square 
feet in size and must be located within 5 miles of where the product is sold.  A sign 
may only be erected on private property after the producer erecting the sign has 
obtained the landowner's written consent.  A sign must be a minimum of 33 feet from 
the center of a road.  A producer may not erect more than 4 signs pursuant to this 
paragraph and the total number of signs erected by that producer under this paragraph 
and section 1911, subsection 2 may not exceed 6. 
3.  Regulations.  The commissioner may promulgate regulations and orders, 
including prohibitions, to protect highway safety and implement the intent of this chapter. 
The signs referred to in this section shall be subject to regulation, including prohibition, 
as set forth in section 1922. 
4.  Zones.  The commissioner may promulgate regulations adopt rules permitting 
signs, including signs bearing commercial messages, in any zone or area of the State, 
together with regulations rules concerning the dimensions, construction, illumination and 
other characteristics of such signs if the Attorney General certifies to the commissioner 
that the United States Supreme Court has determined that signs in such zones or areas 
must be permitted. 
5.  Prohibited practices.  None of the signs referred to in this section may be erected 
or maintained on any traffic control signs or devices, public utility poles or fixtures or 
upon any trees.  None of these signs may be painted or drawn upon rocks or other natural 
features. 
6.  Interstate system.  None of the signs referred to in this section, other than signs 
conforming with subsection 1, paragraphs B and C and logo signs erected pursuant to 
section 1912-B, may be located within the right-of-way limits of the interstate system or 
within 660 feet of the nearest edge of the interstate system and erected in such a fashion 
that the message may be read from the interstate highway. 
Sec. 7.  23 MRSA §1914, as amended by PL 2011, c. 115, §§2 to 4 and corrected 
by RR 2011, c. 1, §36, is further amended to read: 
§1914.  On-premises signs 
1.  License and permit.  No Except as provided in subsection 4, a license or permit 
may not be required for an on-premises sign. 
2.  Number.  On-premises signs on any one property shall may not exceed 10 in 
number, except in the case of more than one business, facility or point of interest being 
conducted on one property, signs for each business, facility or point of interest shall may 
not exceed 10 in number. 
3.  Location. On-premises signs shall must be located within 1,000 feet of the 
principal building or structure where the business or facility is carried on or practiced or 
within 1,000 feet of the point of interest. Storage areas, warehouses and other auxiliary 
structures and fixtures are not deemed to be buildings where the business, facility or point 
of interest is carried on or practiced. 
4.  Location; relation to public way; license.  On-premises Unless a license is 
obtained from the commissioner pursuant to this subsection, on-premises signs are 
prohibited:  
A.  Within 33 feet of the center line of any public way if the highway is less than 66 
feet in width; 
B.  Except as provided in subsection 4-A, within 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; and 
C.  Within the full width of the right-of-way of any public way. 
Paragraphs A and B do not apply to signs erected before September 1, 1957. 
Neither the granting of a license nor the installation of a sign on the public way conveys 
permanent property rights relating to the public way.  The Department of Transportation 
is not responsible for loss or damage to an on-premises sign under this subsection from 
the use of the right-of-way of the public way for highway purposes.  An on-premises sign 
under this subsection may be removed by the department to accommodate highway uses 
at any time without compensation to the owner of the on-premises sign and at the owner's 
expense. 
4-A.  Waiver.  The commissioner may grant a person a written waiver of the 
prohibition under subsection 4, paragraph B for an on-premises sign when the owner of 
property on which the on-premises sign is to be located assumes all costs for removal and 
installation of the on-premises sign and provides a written statement of this fact to the 
registry of deeds for the county where the on-premises sign is to be located if: 
A.  The majority of on-premises signs on either edge of the public way within 1,000 
feet of the location of the proposed on-premises sign are located within 20 feet from 
the outside edge of the paved portion of the public way; or 
B.  The proposed on-premises sign replaces an existing on-premises sign at the same 
location within 20 feet from the outside edge of the paved portion of the public way. 
If an on-premises sign is granted a waiver under this subsection, the owner of the on-
premises sign does not gain any permanent property rights relating to the right-of-way of 
the public way by installing the on-premises sign within the right-of-way of the public 
way.  The department is not responsible for loss or damage to an on-premises sign under 
this subsection from the use of the right-of-way of the public way for highway purposes.  
An on-premises sign under this subsection may be removed by the department at any time 
without compensation to the owner of the on-premises sign and at the owner's expense to 
accommodate highway uses. 
The commissioner may adopt rules necessary for the implementation of this subsection.  
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
5.  Interstate highways. Not more than one on-premises sign, advertising the sale or 
lease of the property, may be permitted on land adjacent to any portion of the interstate 
system, including ramps and interchange areas, which is visible therefrom when that land 
is visible from any portion of the interstate system.  
Not more than one on-premises sign visible from any portion of the interstate system, 
including ramps and interchange areas, may be permitted more than 50 feet from the 
principal building or structure where the business, facility or point of interest is carried 
on.  
No on-premises advertisement, located more than 50 feet from the principal building or 
structure where the business, facility or point of interest advertised is carried on, may 
exceed 20 feet in length, width or height or 150 square feet in area, including border and 
trim, but excluding supports. 
Any on-premises sign located more than 50 feet from the principal building or structure 
where the business, facility or point of interest is carried on that displays any trade name 
which that refers to or identifies any service rendered or product sold shall must display 
the name of the advertised business, facility or point of interest as conspicuously as such 
trade name. 
6.  On-premises signs prohibited. An on-premises sign is prohibited if it:  
A.  Attempts or appears to attempt to direct the movement of traffic or interferes 
with, imitates or resembles any official traffic sign, signal or device; 
B.  Prevents the driver of a vehicle from having a clear and unobstructed view of 
official signs and approaching or merging traffic; 
C.  Contains, includes or is illuminated by a flashing, intermittent or moving light or 
lights, except as provided in subsection 11-A; 
D.  Uses lighting in any way unless the light is in the opinion of the commissioner 
effectively shielded to prevent beams or rays of light from being directed at any 
portion of the public way or is of such intensity or brilliance as to cause glare or 
impair the vision of the operator of any motor vehicle or to otherwise interfere with 
any driver's operation of a motor vehicle; or 
E.  Moves, has any animated or moving parts or has the appearance of movement, 
except as provided in subsection 11-A. 
7.  Signs erected on natural features.  No on-premises sign may be permitted which 
is erected or maintained upon trees or painted or drawn upon rocks or other natural 
features. 
8.  Height.  The maximum height of on-premises signs shall be is 25 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 10 feet above the roof of the building. 
9.  Jurisdiction by local authority in compact areas.  Except as otherwise provided 
in this chapter, administration of this chapter by the Department of Transportation  does 
not apply to for on-premises advertisements located in compact areas of an urban 
compact municipality, as defined in section 754, the administration of which is the 
responsibility of local authority.  In compact areas of an urban compact municipality 
adjacent to the interstate, the Department of Transportation is responsible for the 
administration of this section.  
10.  Approach signs. Any business or facility whose principal building or structure, 
or a point of interest, which is located on a private way more than 1,000 feet from the 
nearest public way, or is not visible to traffic from the nearest public way, may erect no 
more than 2 approach signs with a total surface area not to exceed 100 square feet per 
sign. These signs are to be located outside the public right-of-way limits within 300 feet 
of the junction of the public and private ways. 
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 
applicable provisions of this subsection and rules adopted pursuant to this chapter.  The 
Department of Transportation shall administer the provisions of this subsection, except as 
provided in paragraph B. 
A.  As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1)  "Changeable sign" means an 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 the time and temperature by the complete substitution or 
replacement of a display showing the time with a display showing the 
temperature. 
B.  The display on each side of a changeable sign: 
(1)  May be changed no more than once every 20 minutes, 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. 
D.  No more than Only one changeable sign with 2 sides is allowed per lot of record 
for each public way that provides direct vehicular access to the business, facility or 
point of interest. 
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 may not exceed a height of 
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 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, except that time and temperature signs erected 
prior to September 29, 1995 need not comply with those rules, policies or guidelines. 
Sec. 8.  23 MRSA §1925, as amended by PL 2011, c. 344, §31, is further amended 
to read: 
§1925.  Administration of chapter 
The Except as otherwise provided in this chapter, the commissioner shall administer 
this chapter.  The commissioner may employ, subject to the Civil Service Law, clerical 
and other assistants required for the administration of this chapter. The commissioner 
may delegate to personnel of the Department of Transportation the authority to administer 
this chapter.  The commissioner may adopt rules to administer the various provisions for 
the implementation of this chapter that are consistent with the provisions of this chapter.  
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. The commissioner may execute contracts and other 
agreements to carry out the purposes of this chapter. 
SUMMARY 
This bill makes several adjustments to the Maine traveler information services laws.  
It clarifies the definition of "on-premises sign" and provides that the principal building or 
structure of an advertised business or activity includes parking lots and outbuildings.  It 
allows farm stands and farmers' markets to erect signs without a license or permit within 
the public right-of-way.  The bill clarifies the manner in which the Commissioner of 
Transportation may issue a license for on-premises signs. The bill removes the 
prohibition on placing on-premises signs on natural features.  It provides that within 
compact areas of an urban compact municipality, the municipality is responsible for the 
administration of the law as regards on-premises advertisements. 
The bill adjusts the changeable signs provision of the law to allow a business one 
changeable sign with 2 sides for each public way that provides direct vehicular access to 
the business. It removes the provision requiring the changeable portion of an on-premises 
changeable sign to constitute no more than 50% of the sign's surface area. 
Finally, the bill clarifies the commissioner's rule-making authority with respect to the 
Maine traveler information services laws.