Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.00.06-002 - Regulations for the Control of Outdoor Advertising

Current through Register Vol. 49, No. 6, June, 2024
This publication, REGULATIONS FOR CONTROL OF OUTDOOR ADVERTISING
			 ON ARKANSAS HIGHWAYS, is issued under the authority of Arkansas State Highway
			 Commission Minute Order 72-6, dated January 26, 1972, which Order directed the
			 Commission to promulgate rules and regulations governing the erection of
			 outdoor advertising signs, displays and devices along the National System of
			 Interstate Highways and Federal Aid Primary Highways within the Arkansas State
			 Highway System, and authorized the Director of the Arkansas State Highway
			 Department to issue permits for the installation of outdoor advertising
			 structures.
These regulations have been established in conformity with an
			 Agreement between the Arkansas State Highway Commission and the United States
			 Secretary of Transportation pursuant to Article I of Act 640 of the Acts of the
			 General Assembly for the year 1967.
ARKANSAS STATE HIGHWAY COMMISSION
Henry Gray, Director
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Arkansas State Highway and Transportation Department
HIGHWAY DISTRICTS
District..
.Mailing Address
.City, Zip......
.Telephone..
......Fax
District 1.
..P.O. Box 278..
.Wynne 72396-0278..
. 870-238-8144..
. 870-238-2994
District 2.
.P.O. Box 6836..
Pine Bluff 71611-6836.
870-534-1612.
. 870-534-2038
District 3.
..P.O. Box 490..
.Hope 71802-0490...
870-777-3457.
. 870-777-3489
District 4.
..P.O. Box 1424..
..Fort Smith 72902-1424..
.. 479-646-5501.
. 479-646-8286
District 5.
..P.O. Box 2376..
..Batesville 72503-2376.
. 870-251-2374.
. 870-251-2393
District 6.
..P.O. Box 190296.
..Little Rock 72219-0296..
. 501-569-2266.
. 501-569-2366
District 7.
..P.O. Box 897..
.Camden 71711-0897..
870-836-6401.
. 870-836-4864
District 8.
..P.O. Box 70...
..Russellville 72811-0070.
.. 479-968-2286
. 479-968-4006
District 9.
..P.O. Box 610..
.Harrison 72602-0610.
. 870-743-2100..
.. 870-743-4630
District 10.
...P.O. Box 98...
..Paragould 72451-0098.
.. 870-239-9511.
.. 870-236-1156
OUTDOOR ADVERTISING
PREFACE
These regulations have been established by the Arkansas Highway
			 Department as authorized by Arkansas Act 640 of 1967 and Highway Commission
			 Minute Order No. 72-6 for compliance with Section 131 (d) of Title 23, U.S.C.
			 to promote the reasonable, orderly, and efficient display of outdoor
			 advertising while remaining consistent with National and State policies to
			 protect the public interest in the Interstate and Federal-aid Primary Highways;
			 to promote the safety and recreational value of public travel; and to preserve
			 the natural beauty of the State of Arkansas.
ARKANSAS STATE HIGHWAY DEPARTMENT
MINUTE ORDER
WHEREAS, Article I of Act 640 of the Acts of the General Assembly
			 for the year of 1967 directs the Arkansas State Highway Commission to
			 promulgate rules and regulations governing the erection of outdoor advertising
			 signs, displays and devices along the National System of Interstate and Defense
			 and Federal Aid Primary Highways within the Arkansas State Highway System;
			 and
WHEREAS, the Arkansas State Highway Commission and the United
			 States Secretary of Transportation have entered into an Agreement pursuant to
			 said Act 640 of 1967 whereby the criteria for the erection of outdoor
			 advertising signs, displays and devices along the National System of Interstate
			 and Defense and Federal Aid Primary Highways within the Arkansas State of
			 Highway System have been established;
NOW, THEREFORE, no outdoor advertising signs, displays or devices
			 shall be erected within 660 feet* of any National System of Interstate and
			 Defense and Federal Aid Primary Highways within the Arkansas State Highway
			 System except by permit.
The Director of the Arkansas State Highway Department is hereby
			 authorized to issue permits for the installation of outdoor advertising
			 structures or devices within 660 feet of the National System of Interstate and
			 Defense and Federal Aid Primary Highways within the Arkansas State Highway
			 System in conformity with Act 640 of the Acts of the General Assembly of the
			 State of Arkansas for the year of 1967 and the Agreement between the Arkansas
			 State Highway Commission and the United States Secretary of Transportation
			 dated the 24th day of January, 1972.
The charge for the issuance of permits shall be Forty Dollars
			 ($40.00).
AGREEMENT
FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR
			 ADVERTISING IN AREAS ADJACENT TO NATIONAL SYSTEM OF INTERSTATE AND DEFENSE
			 HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM.
THIS AGREEMENT made and entered into this
			 24th day of January, 1972 by and between the
			 Secretary of Transportation acting by and through the Federal Highway
			 Administrator and the Arkansas Highway Commission, represented by the Director
			 of the Arkansas Highway Department.
WHEREAS, Congress has declared that outdoor advertising in areas
			 adjacent to the Interstate and Federal-aid Primary systems should be controlled
			 in order to protect the public investment in such highways, to promote the
			 safety and recreational value of public travel and to preserve natural beauty;
			 and,
WHEREAS, Section 131 (d) of Title 23, United States Code
			 authorizes the Secretary of Transportation to enter into agreements with the
			 several States to determine the size, lighting, and spacing of signs, displays,
			 and devices, consistent with customary use, which may be erected and maintained
			 within 660 feet* of the nearest edge of the right-of-way within areas adjacent
			 to the Interstate and Federal-aide Primary Systems which are zoned industrial
			 or commercial under authority of State law or in unzoned commercial or
			 industrial areas, also to be determined by agreement; and,
WHEREAS, by passage of Act No. 640 by the 1967 Arkansas
			 Legislature, the Arkansas Highway Commission, under Section 8 of said Act, has
			 been authorized to enter into agreement with the Secretary for the purpose of
			 controlling the erection and maintenance of outdoor advertising in areas of the
			 FAI and FAP Systems in Arkansas and to take action in the name of the State to
			 comply with such agreement; and,
WHEREAS, the purpose of said agreement is to promote the
			 reasonable, orderly, and effective display of outdoor advertising while
			 remaining consistent with the National policy to protect the public investment
			 in the Interstate and Federal-aid Primary Highways, to promote the safety and
			 recreational value of public travel and to preserve natural beauty; and,
WHEREAS, the State of Arkansas desires to implement and carry out
			 the provisions of Section 131 of Title 23, United States Code, and the National
			 policy in order to remain eligible to receive the full amount of all
			 Federal-aid highway funds to be apportioned to Arkansas on or after January 1,
			 1968, under Section 104 of Title 23, United States Code.
NOW THEREFORE, the parties hereto do mutually agree to the
			 following:
I.
DEFINITION:
For purposes of making these determinations, the following
			 definitions apply
A.
Sign
means an outdoor sign, display, device, figure, painting,
		  drawing, message, placard, poster, billboard, or other thing which is designed,
		  intended, or used to advertise or inform, any part of the advertising or
		  informative contents of which is visible from any place on the main traveled
		  way of the Interstate or Federal-aid Primary Highway.
B.
Traveled way
means the
		  portion of the roadway for the movement of vehicles, exclusive of
		  shoulders.
C.
Main traveled
		  way
means the through traffic lanes exclusive of frontage roads,
		  auxiliary lanes, and ramps.
D.
Erect
means to construct, build, raise, assemble, place,
		  affix, attach, create, paint, draw, or in any other way bring into being or
		  establish a sign but excluding customary maintenance or repair and the
		  activities incident to the change of advertising messages on established signs
		  or sign structures.
E.
The
		  term "Act"
means Section 131 of Title 23, United States Code (1965)
		  commonly referred to as Title I of the Highway Beautification Act of
		  1965.
F.
Commercial or
		  industrial activities
mean those activities generally recognized as
		  commercial or industrial by public zoning authorities in Arkansas, except that
		  none of the following activities shall be considered commercial or industrial:
1. Outdoor advertising structures.
2. Agricultural, forestry, grazing, farming,
		  and similar activities, including, but not limited to, wayside fresh produce
		  stands.
3. Transient or temporary
		  activities.
4. Activities not
		  visible from the main traveled way.
5. Activities more than 660 feet from the
		  nearest edge of the right-of-way.
6. Activities conducted in a building
		  principally used as a residence.
7.
		  Railroad tracks and minor sidings, except in the area of a permanent facility
		  for loading and unloading trains.
G.
Zoned commercial or industrial
		  areas
mean those areas which are zoned commercial, or industrial by a
		  recognized by public zoning authority.
H.
Unzoned commercial, business, or
		  industrial areas
means the land occupied by the regularly used
		  building, parking lot, and storage or processing area of a commercial,
		  business, or industrial activity, and that land within 600 feet thereof on both
		  sides of the highway. The unzoned land shall not include:
1. Land on the opposite side of an interstate
		  or primary freeway highway from an unzoned commercial, business, or industrial
		  area, as defined above.
2. Land
		  predominantly used for residential purposes.
3. Land zoned by state or local law,
		  regulation, or ordinance.
4. Land
		  on the opposite side of a non-freeway primary highway which is deemed scenic by
		  the State Highway Department.
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I.
Municipalities
means
		  those incorporated areas defined by an established city limits.
J.
Auxiliary lane
means that
		  portion of the roadway adjoining the traveled way for speed change, turning or
		  for other purposes supplementary to through traffic movement. (Auxiliary lanes
		  shall include, but not be limited to, acceleration and deceleration lanes,
		  turning lanes and climbing lanes.)
K.
Ramps
shall mean a
		  turning roadway, not adjoining the traveled way, and connecting two or more
		  legs of an intersection or interchange and shall be that section between gores,
		  beginning and ending of auxiliary lanes, and terminal connection with an
		  intersecting roadway or combination thereof.
L.
Freeway
means a divided
		  arterial highway for through traffic with full control of
		  access.