Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 117 - Outdoor Advertising › Rule 761-117.3 - General Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall control the erection and maintenance of
				  advertising devices, subject to the provisions of these rules, in accord with
				  the following criteria:
(1)
Prohibition.
Advertising devices shall not be erected,
				maintained or illuminated unless they comply with the following:
a. No advertising device shall attempt or
				appear to attempt to direct the movement of traffic.
b. No advertising device shall interfere
				with, imitate or resemble any sign, signal or device erected by the department
				within the right-of-way of any primary highway.
c. No advertising device subject to the more
				restrictive controls of the bonus Act shall move or have any animated or moving
				parts.
d. No advertising device
				shall be erected or maintained upon trees, painted or drawn upon rocks or other
				natural features.
e. No advertising
				device shall include any flashing, intermittent or moving light or lights
				except an LED display, provided:
(1) Each
				change of message is accomplished in one second or less.
(2) Each message remains in a fixed position
				for at least eight seconds.
(3) No
				traveling messages (e.g., moving messages, animated messages, full-motion
				video, scrolling text messages) or segmented messages are presented.
f. No lighting shall be used in
				any way in connection with any advertising device unless it is so effectively
				shielded as to prevent beams or rays of light from being directed at any
				portion of the main traveled way of any highway, or is of such low intensity or
				brilliance as to not cause glare or to impair the vision of the driver of any
				motor vehicle, or to otherwise interfere with any driver's operation of a motor
				vehicle. This paragraph does not prohibit an LED display provided the light
				intensity presented does not exceed that allowed for other illuminated
				displays.
g. Rescinded 11/3/21,
				effective 12/8/21.
h. No
				advertising device shall be in a state of disrepair or illegible for a period
				of time exceeding 90 days.
i.
				Advertising devices shall be securely affixed to a substantial
				structure.
j. No advertising device
				subject to the more restrictive controls of the bonus Act shall advertise
				activities which are illegal under federal or state laws in effect at the
				location of those activities or at the location of the sign.
k. An advertising device shall comply with
				all applicable state and local laws, regulations and ordinances, including but
				not limited to zoning, building and sign codes as locally interpreted and
				applied and enforced, which may be stricter than this chapter.
l. No advertising device may be erected
				within the adjacent area of any primary highway that has been designated a
				scenic highway or scenic byway if the advertising device will be visible from
				the highway. However, if the advertising device was in existence at the time of
				the designation, subsequent permitting may occur in accordance with Iowa Code
				section
				306C.18.
m. An advertising device shall not be
				constructed or reconstructed beyond the adjacent area in unincorporated areas
				of the state if the advertising device is visible from the main traveled way of
				any primary highway.