An Act To Promote Small Businesses by Enhancing the Use of On-premises Signs
Maine Legislature, Session 126, LD 0483
Committee: Transportation
Sponsors: KESCHL, SAVIELLO, CHASE, CLARK, DUNPHY, FREDETTE, NUTTING, WINSOR
Amends: 23 MRSA §1901, 23 MRSA §1902, 23 MRSA §1903, 23 MRSA §1914

Legislative Document 
No. 483 
H.P. 333 
House of Representatives, February 14, 2013 
An Act To Promote Small Businesses by Enhancing the Use of On-
premises Signs 
Reference to the Committee on Transportation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KESCHL of Belgrade. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: CHASE of Wells, CLARK of Easton, DUNPHY of Embden, FREDETTE of 
Newport, NUTTING of Oakland, WINSOR of Norway. 
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Sec. 1.  23 MRSA §1901, sub-§2, as repealed and replaced by PL 1981, c. 318, 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 goods and services, rest facilities, health services and historic and scenic 
sites to enhance interest 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Sec. 2.  23 MRSA §1901, sub-§4, as repealed and replaced by PL 1981, c. 318, 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Sec. 3.  23 MRSA §1901, sub-§5, as repealed and replaced by PL 1981, c. 318, 
§1, is repealed. 
Sec. 4.  23 MRSA §1902, sub-§3, as repealed and replaced by PL 1981, c. 318, 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 23 United States 
Code, Title 23, section 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-A is enacted to read: 
8-A.  Outdoor area.  "Outdoor area" means an area or point of interest 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. 7.  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 scenic, historical, cultural, educational or religious interest, whether 
publicly or privately owned. 
Sec. 8.  23 MRSA §1903, sub-§10-C is enacted to read: 
10-C.  Principal structure.  "Principal structure" means a regularly used building 
where an 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. 9.  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 that has been erected by officers having jurisdiction over the 
public way and these signs shall be; a traffic control sign or device is exempt from the 
requirements of this chapter. 
Sec. 10.  23 MRSA §1914, sub-§3, as repealed and replaced by PL 1981, c. 318, 
§4 and amended by PL 2011, c. 115, §4, is repealed and the following enacted in its 
place: 
3.  Location.  On-premises signs must be located within 1,500 feet of a principal 
structure or within 1,500 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 principal structure; and 
B.  If the advertised business or activity is a point of interest, the measurement must 
be from a principal 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. 11.  23 MRSA §1914, sub-§4, ¶B, as amended by PL 2011, c. 115, §2, is 
further amended to read: 
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 unless the sign is erected using breakaway 
mounting devices approved by the Federal Highway Administration.  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; and 
Sec. 12.  23 MRSA §1914, sub-§4-A, as enacted by PL 2011, c. 115, §3, is 
repealed. 
Sec. 13.  23 MRSA §1914, sub-§8, as repealed and replaced by PL 1981, c. 318, 
§4 and amended by PL 2011, c. 115, §4, is further amended to read: 
8.  Height.  The maximum height of an on-premises signs shall be 25 sign 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 10 feet above the roof of the building. 
Sec. 14.  23 MRSA §1914, sub-§10, as repealed and replaced by PL 1981, c. 318, 
§4, is repealed and the following enacted in its place: 
10.  Approach signs.  A business or a point of interest, when the business's or point 
of interest's principal 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 3 approach signs, each with a total surface area not to 
exceed 100 square feet per side. These signs must be located: 
A.  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 business or point of interest; 
B.  Outside the public right-of-way limits; and 
C.  Within 300 feet of the intersection with the other public way. 
For purposes of determining compliance with this subsection, distances must be 
determined as provided in subsection 3. 
Sec. 15.  23 MRSA §1914, sub-§11-A, as amended by PL 2007, c. 124, §§1 and 
and PL 2011, c. 115, §4, 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-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. 
D.  No more than one changeable sign with 2 sides is allowed per public way 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 
higher. 
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 recognizes the value and the role of signs for disseminating information to the 
motoring public. 
2.  It provides definitions of "point of interest," "outdoor area" and "principal 
structure" for purposes of determining distance for placement of on-premises signs. 
3.  It increases the distance that a sign may be erected from a principal structure of a 
business or point of interest from 1,000 feet to 1,500 feet. 
4.  It allows on-premises signs to be placed within 20 feet of the edge of the paved 
portion of certain public ways with more than 2 travel lanes only if the signs are erected 
using approved breakaway mounting devices. 
5.  It repeals the authority of the Commissioner of Transportation to waive the 
prohibition on the placement of certain on-premises signs within 20 feet of the edge of 
the paved portion of certain public ways. 
6.  It increases from 2 to 3 the number of approach signs a business or point of 
interest may have on its lot of record 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 expands the 
limit of the total surface area to 100 square feet per side. 
7.  It allows changeable signs to change once per minute; current law limits the 
change to once every 20 minutes.  It also removes the restriction on the percentage of a 
changeable sign that may be used for display. 
8.  It allows a business or point of interest to have one changeable sign per public 
way that the business or point of interest abuts. 
9.  It allows time and temperature signs to also display the date and permits those 
signs to change as frequently as once every 2 seconds. 
10.  It allows for changeable signs to be erected adjacent to and for viewing from the 
interstate highway system. 
11.  It increases the maximum height of a freestanding sign structure statewide from 
feet to 35 feet above grade.