2023 New York Laws › PBA - Public Authorities › Article 2 - Park, Parkway and Highway Authorities › Title 9 - New York State Thruway Authority › 361-A - Restriction and Regulation of Advertising Devices.

§  361-a. Restriction and regulation of advertising devices. 1. Except
as otherwise provided in this section, the erection  or  maintenance  of
any  advertising  device  located  within  six hundred sixty feet of the
nearest edge of the right-of-way of the thruway without a written permit
therefor  granted  by  the  authority  pursuant  to  this   section   is
prohibited.
2. The term "advertising device" as used in this section shall include
any billboard, sign, notice, poster, display or other device intended to
attract  or  which  does  attract  the  attention  of operators of motor
vehicles  on  the  thruway,  and  shall,  where  so  determined  by  the
authority,  include  a  structure erected or used in connection with the
display of any such device and all lighting or other attachments used in
conjunction therewith.
3. The authority may from time to time adopt, modify, amend or  repeal
regulations  governing  the  issuance of permits or renewals thereof for
the erection and maintenance of advertising  devices.  Such  regulations
shall be designed to effectuate the general purposes of this article and
the specific objectives and standards hereinafter set forth:
(a)  To  provide  for  maximum visibility along the thruway system and
connecting roads or highways;
(b)  To  prevent  unreasonable  distraction  of  operators  of   motor
vehicles;
(c)  To  prevent  confusion  with  regard  to traffic lights, signs or
signals  or  otherwise  interfere  with  the  effectiveness  of  traffic
regulations;
(d) To preserve and enhance the natural scenic beauty or the aesthetic
features of the thruway system and adjacent areas;
(e)  To promote maximum safety, comfort and well-being of the users of
the thruway.
4. To effectuate the purposes of this section, the authority may limit
the application of  any  regulation  adopted  hereunder  to  exclude  or
include, in whole or in part:
(a)  Specified  areas of the thruway system based upon use, population
density,  nature  of  the  surrounding  community,  special   conditions
prevailing therein, or such other factors as may make differentiation or
separate classification or regulation necessary, proper or desirable;
(b)  Particular  types  or  classes  of advertising devices based upon
size, design, lighting or such other factors as may make differentiation
or separate classification or regulation necessary, proper or desirable;
(c) The erection or maintenance of advertising devices  on  particular
sections or portions of the thruway system.
(d)  Notwithstanding  any  contrary  provisions  of  this section, the
authority shall permit the erection of not more  than  nine  advertising
billboard  signs  in  the  city  of  New Rochelle along interstate route
ninety-five where the location and erection of such signs are:
(1) consistent with  and  part  of  an  urban  renewal  program  which
decreases the total number of advertising billboard signs in the renewal
area;
(2) approved by such city;
(3)  part  of the subject of a United States District Court settlement
order regarding the regulation of such signs within such city; and
(4)  consistent  with  the  size,  lighting,  spacing  and  all  other
requirements   of  federal  law,  including  those  established  in  the
agreements entered into by the state pursuant to sections eighty-six and
eighty-eight of the highway law.
5. Application for permits or  renewals  thereof  shall  be  on  forms
prescribed  by  the  authority and shall contain such information as the
authority may require. The authority may by  regulation  adopt,  modify,

amend  or  repeal permit application fees, annual permit fees and permit
renewal fees, provided, however, that such fees  shall  not  exceed  the
advertising device fees established by regulation by the commissioner of
transportation.   Each  permit  shall  be  valid  for  a  period  to  be
established by the authority and may be renewed from time  to  time  for
such periods, as established by the authority, within thirty days of the
expiration  date  thereof  upon  payment to the authority of the renewal
fee.
6. The permit or renewal thereof shall be revocable  at  any  time  on
thirty  days  notice to the permittee in the event of a violation of the
requirements  of  this  section  or  any  regulation  lawfully   adopted
hereunder.  Any advertising device erected or maintained after September
first, nineteen hundred fifty-two in violation of this  section  or  any
regulation  adopted hereunder is hereby declared to be, and is, a public
nuisance and such device may without notice be abated and removed by any
officer or employee of the authority, or upon request of the  authority,
by  any  peace  officer acting pursuant to his special duties, or police
officer.
7. The authority by regulation may exclude from the coverage  of  this
section  advertising devices which it finds do not interfere with safety
on the thruway system or contravene any of the other standards set forth
in this section, including but not limited to
(a) Advertising devices which are  to  be  erected  or  maintained  on
property for the purpose of setting forth or indicating
(1)  The  name  and  address  of the owner, lessee or occupant of such
property, or
(2) The name or type of  business  or  profession  conducted  on  such
property, or
(3)  Information  required  or  authorized  by  law  to  be  posted or
displayed thereon.
(b) Advertising devices  which  are  not  visible  from  any  traveled
portion of the thruway system;
(c) Advertising devices indicating the sale or leasing of the property
upon which they are placed.
(d)  Directional  or  other  official  signs  and  signals  erected or
maintained by the state or other public agency having jurisdiction.
8. Nothing in this section shall apply with respect  to  any  property
which  is owned or leased by the state of New York or any agency thereof
or with respect to which the state of New York or any agency thereof has
or shall have a valid  easement  or  covenant  with  the  owner  thereof
concerning  the  restriction,  removal  or  prohibition  of  advertising
devices.
9. Nothing in this section shall be construed to  abrogate  or  affect
the  provisions  of  any  municipal  ordinance, regulation or resolution
which are more  restrictive  concerning  advertising  devices  than  the
provisions of this section or of the regulations adopted hereunder.