2023 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.