NY Hwy L § 88 (2021)
2021 New York Laws HAY - Highway Article 4 - Improvement With Federal Aid 88 - Control of Outdoor Advertising.

§  88. Control of outdoor advertising. 1. Definitions. As used in this section:  (a) "Interstate highway system" means that  portion  of  the  national system  of interstate and defense highways located within this state, as officially designated, or as may hereafter  be  so  designated,  by  the commissioner  of  transportation,  and  approved  by  the  secretary  of commerce or  the  secretary  of  transportation  of  the  United  States pursuant  to  the  provisions of title twenty-three of the United States code, as amended.  (b) "Primary highway system" means  that  portion  of  connected  main highways,   as   officially  designated,  or  as  may  hereafter  be  so designated, by the commissioner of transportation, and approved  by  the secretary  of  commerce or the secretary of transportation of the United States pursuant to the provisions of title twenty-three  of  the  United States code, as amended.  (c) "Safety   rest  area"  means  an  area  or  site  established  and maintained within or adjacent to the highway right of way  by  or  under public  supervision  or  control,  for the convenience of the travelling public.  (d) "Information  center"  means  an  area  or  site  established  and maintained  at  a  roadside  rest  area for the purpose of informing the public of places of interest within the state and providing  such  other information   as   the   commissioner  of  transportation  may  consider desirable.   2.  The  commissioner  of  transportation  is  hereby  authorized  and directed   to  immediately  implement  the  following  program  for  the effective control of the erection and maintenance of outdoor advertising signs, displays and devices within six hundred sixty feet of the nearest edge of the right of way and visible from the main traveled way  of  the interstate   and   primary  highway  systems  and,  notwithstanding  the provisions of subdivisions seven, eleven, and twelve  of  this  section, for  the  effective  control  of  the erection and maintenance along the interstate and primary  highway  systems  of  those  additional  outdoor advertising  signs, displays and devices which are more than six hundred and sixty feet from the nearest edge of the right-of-way located outside of urban areas, as defined by federal statute, rule  or  regulation  for the  purposes of section one hundred thirty-one of title twenty-three of the United States code, visible  from  the  main  traveled  way  of  the interstate  and  primary highway systems and erected with the purpose of their message being read from such main traveled way. Effective  control means  that  such  signs,  displays  and devices shall, pursuant to such program, be limited to (a) directional  and  other  official  signs  and notices  which are required or authorized by law and which shall conform to the national standards promulgated by the secretary of transportation of the United States pursuant to section one hundred thirty-one of title twenty-three of the United States code, as amended, (b) signs,  displays and  devices  advertising  the sale or lease of property upon which they are located, (c) signs,  displays  and  devices  advertising  activities conducted on the property on which they are located, (d) signs, displays and  devices  located  in  areas  within  six  hundred sixty feet of the nearest edge  of  the  right  of  way  which  are  zoned  industrial  or commercial  under  authority  of  state  law  and which are permitted or authorized pursuant to  this  section  or  the  agreement  ratified  and approved  by  this  section,  (e)  signs, displays and devices which are permitted or authorized  pursuant  to  this  section  or  the  agreement ratified  and  approved  by  this  section  and  are  located in unzoned commercial or industrial areas within six  hundred  sixty  feet  of  the nearest  edge  of  the right of way which areas shall be determined from  actual land uses in conformance with the agreement ratified and approved by  this  section,  (f)  signs  lawfully   in   existence   on   October twenty-second,   nineteen   hundred   sixty-five,   determined   by  the commissioner with the approval of the secretary of transportation of the United  States, to be landmark signs, including signs on farm structures or  natural  surfaces  of  historic  or   artistic   significance,   the preservation  of  which  would  be  consistent with the purposes of this section and with the purposes of the federal "Highway Beautification Act of 1965", and any acts amendatory thereto,  and  (g)  any  other  signs, displays  and  devices permitted or authorized pursuant to this section. Provided that, nothing in this section shall be  construed  to  prohibit the  erection  or maintenance of outdoor advertising signs, displays and devices which include the steady illumination of sign faces,  panels  or slats  that  rotate or change to different messages in a fixed position, commonly known and referred to as changeable or multiple message  signs, provided  the  change  of  one sign face to another is not more frequent than  once  every  six  seconds  and  the  actual  change   process   is accomplished  in  three  seconds  or less, when such signs, displays and devices are permitted or authorized pursuant to this section and by  the agreement ratified and approved by this section.   3.   The   agreement   entered   into   between  the  commissioner  of transportation and the secretary of transportation of the United  States dated  May  thirteenth, nineteen hundred sixty-eight regarding the size, lighting and spacing of signs, displays and devices which may be erected and maintained within six hundred and sixty feet of the nearest edge  of the  right-of-way  within  areas  adjacent to the interstate and primary highway systems which are zoned industrial or commercial under authority of state law, or in such other unzoned industrial or commercial areas as may be permitted pursuant to the  terms  of  such  agreement  is  hereby ratified and approved. With respect to the certification permitted under subsection  A of article four of the said agreement, the commissioner of transportation shall make such a certification within thirty days  after it  is  shown  to his reasonable satisfaction that there are regulations which are enforced with respect to the size,  lighting  and  spacing  of outdoor  advertising  signs,  displays and devices within the meaning of the agreement. The action of the  commissioner  of  transportation  with respect  to  such  a  certification  shall  be  reviewable under article seventy-eight of the civil practice law and rules by the  supreme  court which  shall have jurisdiction of the proceedings and the power to grant such relief as it deems just and proper.   4. The commissioner of transportation may agree with the secretary  of transportation  of the United States to provide for the establishment of information  centers  at  safety  rest  areas.   The   commissioner   of transportation  is  hereby  directed to negotiate with such secretary of transportation in order to permit signs, within the areas controlled  by the  provisions  of  this  section,  which  relate to public and private natural wonders, scenic and historical attractions and other information concerning outdoor recreation, places for camping, lodging,  eating  and vehicle  service  and  repair  deemed  to be of specific interest to the travelling public. Any of the above types of signs referred to  in  this subdivision  which do not violate the provisions of the federal "Highway Beautification Act of 1965", and any acts amendatory thereto, and  which conform  to  the  national  standards  promulgated  by  the secretary of transportation of the United States  pursuant  to  section  one  hundred thirty-one  of title twenty-three of the United States code, as amended, are hereby authorized to be erected and maintained in the state  of  New York  subject  to  registration  with the commissioner of transportation pursuant to subdivision five of this section.    5. The commissioner of transportation is hereby authorized to  control the  erection and maintenance of outdoor advertising signs, displays and devices along the interstate and primary highway systems in  conformance with  the  terms  of  this  section and in conformity with the agreement ratified  and  approved  by  this  section  and  the  national standards promulgated by the secretary of  transportation  of  the  United  States pursuant  to  subdivision (c) of section one hundred thirty-one of title twenty-three of the United States code as amended. The  commissioner  of transportation  may  provide  for  a  system  of registration of outdoor advertising signs, displays and devices which comply with the  terms  of the agreement, ratified and approved by this section, with the secretary of  transportation  of  the  United  States.  No  registration  shall be required for signs, displays and devices advertising the sale  or  lease of  property upon which they are located and signs, displays and devices advertising activities conducted on  the  property  on  which  they  are located.   6.  Notwithstanding  the  provisions  of  subdivision  two hereof, any outdoor advertising sign, display or device lawfully in existence  along the  interstate and primary highway systems on September first, nineteen hundred sixty-five, which is not permitted or authorized pursuant to the provisions contained herein may continue to  be  maintained  until  July first,  nineteen  hundred seventy and shall not be replaced or relocated along the interstate and primary highway systems except in  those  areas authorized  pursuant to this section or areas authorized under the terms of the agreement ratified and approved by this section.  Notwithstanding the  provisions of subdivision two hereof, any other outdoor advertising sign, display or device lawfully  erected  which  is  not  permitted  or authorized  pursuant  to  this  section  of  the  agreement ratified and approved by this section may continue to be maintained until the end  of the  fifth  year after it becomes nonconforming pursuant to this section or under the terms of  the  agreement  ratified  and  approved  by  this section, unless an earlier removal is required in order for the state to comply with the federal "Highway Beautification Act of 1965", as amended and  shall not be replaced or relocated along the interstate and primary highway systems except  in  those  areas  authorized  pursuant  to  this section  or  areas  which are permitted under the terms of the agreement ratified and approved by this section.   7. The commissioner of transportation is hereby authorized to  acquire the  necessary  rights  in  and  to  property  and  is  directed  to pay compensation therefor, in the same manner as other property is  acquired for  state  highway  purposes  pursuant  to  this chapter and is further directed to provide equivalent directional information, as  provided  in subdivision  eleven of this section, with respect to outdoor advertising signs, displays and  devices  which  are  not  permitted  or  authorized pursuant to this section or with the terms of the agreement ratified and approved  by  this  section  and which were lawfully erected under state law. Such compensation is authorized to be paid only for the  following: (a)  the  taking  from  the owner of such sign, display or device of all right, title, leasehold and interest in such sign,  display  or  device, and  (b)  the  taking  from the owner of the real property on which such sign, display or device is located, of the right to erect  and  maintain such signs, displays and devices thereon. The term "property" as used in this  section  is  defined  to  include lands, waters, rights in land or waters, structures, franchises, and interest in  land,  including  lands under  water and riparian rights and any and all other things and rights usually included within the said term and  includes  also  any  and  all interests  in  such  property  less  than full title, such as easements, permanent or temporary, rights-of-way, uses, leases,  licenses  and  all  other  incorporeal  hereditaments  and  every estate, interest or right, legal or equitable. Notwithstanding the provisions  of  subdivision  two hereof,  no  rights in and to property shall be acquired with respect to any  outdoor  advertising  sign,  display or device except to the extent that federal funds authorized to be appropriated pursuant to the federal "Highway Beautification Act of 1965", as amended, to reimburse the state for  seventy-five  per  centum  of  the  cost  thereof,  are   in   fact appropriated  and  allocated  to  the  state  for that purpose. Further, notwithstanding the provisions of this section  or  any  other  general, special or local law, no outdoor advertising sign for which compensation must  be  paid pursuant to this subdivision, nor any outdoor advertising sign in a commercial or industrial zone  or  area  which  is  controlled pursuant  to  this section, shall be removed, or required to be removed, by the state or any agency  thereof  or  any  municipal  corporation  or subdivision, without the payment of such compensation in accordance with the  provisions  of  article  five  of the eminent domain procedure law, provided, however, that this prohibition shall not  apply  to  any  city having a population of one million or more.   8.  Any  outdoor  advertising  sign,  display  or  device  erected  or maintained in violation  of  this  section,  or  of  the  terms  of  the agreement  ratified  and approved by this section, is hereby declared to be, and is a public nuisance. The commissioner of  transportation  shall give  thirty days' notice, by registered or certified mail, to the owner of the property on which such advertising sign,  display  or  device  is located and to the owner of such advertising sign, display or device, to remove  the  same  if  it  is a prohibited sign, display or device or to cause it to conform to the requirements of this section or the terms  of the  agreement  ratified  and  approved  by this section or the national standards if it is an authorized or permitted sign, display  or  device. If  the  owner  of  the  property  or the owner of the advertising sign, display or device fails to act within thirty days  as  required  in  the notice,  the commissioner of transportation or his duly authorized agent shall cause the removal of such advertising sign, display or  device  at the expense of the owner of the property or the owner of the advertising sign,  display or device, except that the state shall pay the expense of removing any advertising sign, display  or  device  which  was  lawfully erected  on  the  date  of  enactment  of  this  section  which  becomes non-conforming under the terms of this section or the agreement ratified and approved by this section.   9. Nothing in this section shall be construed to  abrogate  or  affect the  provisions  of  any  other  statute,  lawful  ordinance, regulation pursuant thereto or resolutions which  are  more  restrictive  than  the provisions  of  this  section  or the agreement ratified and approved by this section.   10. In order to provide information in the specific  interest  of  the travelling   public,   the  commissioner  of  transportation  is  hereby authorized to maintain maps and to permit informational directories  and commercial  advertising  pamphlets  to  be made available at safety rest areas, and to construct and maintain or permit the  construction  and/or maintenance  of information centers at safety rest areas for the purpose of informing the public of places  of  interest  within  the  state  and providing  such  other  information as he may consider desirable. In the event that such an  information  center  is  to  be  constructed  and/or maintained  by  a  person,  firm,  corporation,  municipality  or  state department or agency, other than the department of  transportation,  the commissioner of transportation is authorized to enter into a lease for a term  of  years  or memorandum of understanding, on terms which he deems appropriate, regarding  the  construction  and/or  maintenance  of  such  information  center.  The  commissioner  of transportation shall use the federal cost-sharing provisions of section 131(i) of  title  23,  United States  Code  to  the  fullest  extent  practicable in implementing such travel information programs.   11.  The  commissioner  is  directed  to  conduct an economic study to identify those areas within the state  which  would  suffer  substantial economic  hardship  upon  the removal of advertising signs, displays, or devices which provide directional information about goods  and  services in  the  interest  of  the travelling public, were legally erected under state law, and are subject to control under subdivision  seven  of  this section.  Pending completion of such economic study, the commissioner is directed to provide for  the  immediate  removal  of  signs  which  were unlawfully  erected  under state law, and is further directed to develop an aesthetically pleasing official  business  directional  sign  program providing  directional  information to the travelling public in a manner substantially equivalent to that  now  provided  by  advertising  signs, displays,  or  devices,  pursuant to subdivision twelve of this section. Upon completion of such economic study and consequent identification  of those  areas  within  the  state which would suffer substantial economic hardship upon the removal of advertising  signs,  displays,  or  devices which  provide  directional  information about goods and services in the interest of the travelling public, the commissioner  shall  request  the secretary of transportation of the United States to permit the retention of   such  advertising  signs,  displays,  or  devices  in  those  areas identified  as  suffering  substantial  economic  hardship.  Except   as otherwise  provided in this section, the commissioner is hereby directed to assure that any official business sign program  be  implemented  with due  consideration  of  the  findings  of the economic study identifying areas potentially subject to substantial economic hardship.   12. The commissioner of transportation shall  develop  and  implement, after  required  federal approval, an official business directional sign program to provide directional information  regarding  businesses  which provide  goods  and  services  to  the traveling public. Fees charged to participating  businesses  will  be  such  as  to   make   the   program self-sustaining  within  two  years of implementation. The program shall utilize official signs  erected  in  the  right-of-way  of  the  primary highway  system. Such official signs shall meet the standards prescribed by  the  commissioner   of   transportation   and   the   secretary   of transportation  of  the  United  States  and shall contain thereon, as a minimum, the business name or trademark, a general service logogram  and directional  information. The official business directional sign program shall be integrated  with,  but  not  limited  by,  information  centers provided  for  in  subdivision  ten  of  this  section  to  maximize the information made available in the specific  interest  of  the  traveling public.  Guidelines  for  business eligibility and placement of official signs shall be promulgated by the commissioner of  transportation  after public  hearing  and  federal  approval.  Such  guidelines shall include provision for substantially equivalent directional information upon  the removal  of advertising signs, displays or devices providing directional information.  Such  guidelines   shall   provide   that   priority   for participation in the program be given to those businesses offering goods and  services  in  the  interest  of  the traveling public (a) which are primarily local or regional in nature and which  would  have  the  least ability to adopt alternative directional information media, or (b) which utilized  directional  advertising  signs,  displays and devices legally erected under state law. The traffic generated by  a  specific  business shall   be   a   secondary  consideration  in  determining  priority  of participation in  the  program.  The  specific  implementation  of  such  guidelines  shall  be made with the advice of travel information council pursuant to subdivision thirteen of this section. The commissioner shall seek to speed federal approval of the official business directional sign program.   13.  All  fees  collected by the commissioner pursuant to this section shall be deposited  by  the  comptroller  into  the  special  obligation reserve  and  payment  account of the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state  finance law.