Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 3 - Sign Permits › Section 410-3-002 - RULES AND REGULATIONS RELATING TO THE CONTROL OF ADVERTISING IN AREAS ADJACENT TO THE HIGHWAY BEAUTIFICATION CONTROL SYSTEM

Current through June 17, 2024
002.01
DEFINITIONS PERTAINING TO ADVERTISING CONTROL:
39-102(7), 39-201.01 to 39226, 39-1302, 39-1311, 39-1320, 60-6,127 and
  60-6,128, and 69-1701 to 69-1702, Neb. Rev. Stat., hereinafter referred to as
  the Act, are incorporated herein and made a part of these Rules and Regulations
  by this reference. In addition to the definitions set forth in these statutes,
  the following definitions are also made a part of these Rules and Regulations:
002.01A
BONUS AREA:
That area along the Interstate System within 660 feet of the right-of-way in
  which the State has controlled outdoor advertising in order to be eligible for
  an increase in the Federal share of one half of one percent of the total cost
  thereof as provided for in Title 23, U.S.C. Section 131.
002.01B
CHANGEABLE MESSAGE SIGN
  (CMS):
An outdoor advertising sign, display or device which
  changes message or copy on the sign regardless of the technology
  used.
002.01C
COMMERCIAL ACTIVITY:
Activities generally recognized
  as commercial by zoning authorities in this state and having adequate access,
  parking and utilities, except that none of the following shall be considered
  commercial:
002.01C1 Outdoor advertising
  structures;
002.01C2 General
  agricultural, forestry, ranching, grazing, farming, and related activities,
  including wayside fresh produce stands:
002.01C3 Activities normally or regularly in
  operation less than three months of the year;
002.01C4 Activities conducted in a building
  principally used as a residence;
002.01C5 Railroad tracks and minor
  sidings;
002.01C6 Activities more
  than six hundred and sixty feet from the nearest edge of the right of way of
  the road or highway.
002.01D
CONTROLLED
  AREA:
Controlled Area shall mean that area that is:
002.01D1 Outside the urban areas as defined
  by the Nebraska Department of Transportation and visible from the main-traveled
  way of the Highway Beautification Control System (HBCS), or;
002.01D2 Within the approved urban areas as
  defined by the Nebraska Department of Transportation and within six hundred and
  sixty feet of the right of way of the HBCS.
002.01E
COTTON AREA:
Any area bounded on each end by two lines extended perpendicularly from the
  centerline of the Interstate Highway to both edges of the Interstate Right of
  Way. This area must have been a highway, road, or street public right of way on
  or before July 1, 1956. The area outside the Interstate Right of Way and
  extending six hundred and sixty feet beyond the edge of the Interstate and
  between the two extended perpendicular lines is a Cotton Area excluding any
  existing public right of way. (See typical examples in Attachment
  One).
002.01F
DISCONTINUED SIGN:
An advertising device or structure
  that meets one or both of the following criteria:
002.01F1 Is blank displaying no copy for a
  period of twelve consecutive months or more. The sign shall be considered blank
  displaying no copy even when the sign owner displays a message noting the sign
  space is available for sale or lease.
002.01F2 Is erected on land not owned by the
  sign owner for which the sign owner has no current written agreement.
002.01G
ERECT:
To construct, build, raise, assemble, place,
  affix, attach, create, paint, draw or in any other way bring into being or
  establish. Erect shall not include maintenance as defined in 002.01M but shall
  include reconstruction, as defined in 002.01Y, and shall also include
  modification, as defined in 002.01N, to an existing sign or structure. It shall
  not include any of the foregoing activities when performed as an incident to
  the change of an advertising message or the maintenance of the sign
  structure.
002.01H
HIGHWAY:
A road or street, including the entire area
  within the right of way, which has been designated a part of the state highway
  system.
002.01I
HIGHWAY
  BEAUTIFICATION CONTROL SYSTEM (HBCS):
The National System of
  Interstate and Defense Highways, the system of federal-aid primary roads as
  they existed on June 1, 1991, any additional highway or road which is
  designated as a part of the National Highway System under the Federal
  Intermodal Surface Transportation Efficiency Act of 1991, and scenic
  byways.
002.01J
INDUSTRIAL ACTIVITY:
Those activities generally
  recognized as industrial by zoning authorities in this state and having
  adequate access, parking and utilities, except that none of the following shall
  be considered industrial:
002.01J1 Outdoor
  advertising structures;
002.01J2
  General agricultural, forestry, ranching, grazing, farming, and related
  activities, including wayside fresh produce stands;
002.01J3 Activities normally or regularly in
  operation less than three months of the year;
002.01J4 Activities conducted in a building
  principally used as a residence;
002.01J5 Railroad tracks and minor
  sidings;
002.01J6 Activities more
  than six hundred sixty feet from the nearest edge of the right of way of the
  road or highway.
002.01K
INTERSTATE SYSTEM:
The National System of Interstate
  and Defense Highways as defined in and designated pursuant to Subsection (d) of
  Section 103 of Title 23, United States Code.
002.01L
KERR AREA:
Kerr Area shall mean that area adjacent to an Interstate Highway where it
  traverses commercial or industrial zones, within the boundaries of incorporated
  municipalities, as such boundaries existed on September 21, 1959, wherein the
  use of real property adjacent to the Interstate System is subject to municipal
  regulation or control, or where it traverses other areas where the land use as
  of September 21, 1959, was clearly established by State law as industrial or
  commercial.
002.01M
MAINTENANCE:
The routine ordinary repairing or
  restoring of the sign to its as constructed condition with the same type of
  materials used in the original sign structure and face. Nonconforming signs
  must remain essentially the same as they were on the date they became
  nonconforming. Maintenance is permitted; however, reconstruction and
  modification is prohibited. The following shall constitute a substantial change
  to a sign and are therefore not maintenance of a sign:
002.01M1 Any change in the location of the
  sign.
002.01M2 Any increase in the
  size or dimensions of the sign.
002.01M3 The addition of a new sign face or
  faces.
002.01M4 Any change in the
  type of structural face material.
002.01M5 The replacement of the sign supports
  with sign supports of a different material than material found on the sign when
  it became grandfathered.
002.01M6
  Covering the original sign supports with concrete, metal or wood for whatever
  purpose.
002.01M7 Any replacement
  of poles that exceeds 25 percent per year or if less than four poles, one pole
  per year.
002.01M8 An increase in
  the number of poles.
002.01L9 An
  increase in the height of the poles.
002.01M10 Adding or converting the sign to a
  variable or changeable message sign.
002.01M11 Any addition of lighting, either
  attached or unattached.
002.01L12
  No modification that changes the existing lighting such that the illumination
  to the sign facing is substantially increased.
002.01M13 No addition of reflective material
  on the sign.
002.01M14 No
  modification that enhances the visibility of the sign's message or the period
  of time that the sign's message is visible.
002.01M15 No addition of any other
  devices.
002.01N
MODIFICATION:
Any addition to or any substantial
  change in the dimensions, lighting, structure or advertising face, except as
  incidental to maintenance, as defined in 002.01M. A lawful change in
  advertising message is not a modification. The use of a vinyl overlay or wrap
  on either a poster panel or painted unit is a change in advertising message,
  not a modification.
002.01O
MUSEUM:
A public or private nonprofit institution
  which is organized on a permanent basis for essentially education or aesthetic
  purposes and which, using a professional staff, owns or uses tangible objects,
  either animate or inanimate, cares for these objects, and exhibits them to the
  general public on a regular basis. A museum is considered to meet these
  requirements if:
(1) it uses a professional
  staff by employing at least one staff member, or part-time equivalent, working
  at least 300 hours per year, whether paid or unpaid;
(2) this staff person is primarily engaged in
  the acquisition, care or exhibition to the public of objects owned or used by
  the institution; and
(3) it
  exhibits objects to the public through the facility it owns or
  operates.
002.01P
NEAREST EDGE OF THE RIGHT OF WAY:
Is that one point
  when the right of way of two intersecting roads, streets or highways meets. It
  shall also mean the two points nearest the intersection when the right of way
  of the two intersecting roads, streets or highways has multiple angles before
  intersecting or forms a curve.
002.01Q
NONCONFORMING
  SIGN:
A sign which was lawfully erected, but does not comply with
  the provisions of the State Law or State Rules and Regulations. Signs located
  on public right of way are not nonconforming signs whether the right of way has
  been designated a part of the highway system or the right of way was acquired
  in fee by the Nebraska Department of Transportation.
Nonconforming signs must remain essentially the same as they were on
	 the date they became nonconforming. Maintenance is permitted; however,
	 reconstruction is prohibited. Changes to the physical structure of the sign
	 other than a change of message or maintenance, must be accomplished in
	 accordance with the requirements noted in 002.01M Maintenance.
002.01R
OBSOLETE
  SIGNS:
Signs that advertise a business no longer in existence or a
  product no longer offered for sale and have advertised such business or product
  for a period of one year after the termination of the existence of such
  business or the termination of sale of the product advertised.
002.01S
ON-PREMISE/ON-PROPERTY
  SIGN:
An advertising device which solely advertises the sale or
  lease of the real property upon which it is placed, or an advertising device
  identifying the activities located on or products or services available on the
  premise/property. The following shall be used for determining whether a device
  has as its purpose the identification of the activity located on the
  premise/property or its products or services.
002.01S1 Any sign which consists solely of
  the name of the establishment.
002.01S2 Any sign which identifies the
  establishment's principal or accessory products or services offered on the
  premise/property. An example of an accessory product would be a brand of tires
  offered for sale at a service station.
002.01S3 Any sign which advertises the sale
  or lease of the property.
002.01S4
  The following shall be considered the business of outdoor advertising and not
  an on-premise/on-property sign:
002.01S4a Any
  sign which brings in rental income to the premise/property and/or sign
  owner.
002.01S4b Any sign in which
  the product or service advertised is only incidental to the principal
  activity.
002.01S4c Variety seed
  signs, fertilizer signs, and other agricultural product signs are not
  on-premise/on-property signs.
002.01S4d A sale or lease sign which also
  advertises any product or service not located upon and unrelated to the
  business of selling or leasing the land on which the sign is located.
002.01S4e Any sign which solely advertises
  the sale or lease of the property upon which it is placed, but which also
  identifies a corporation or business activity as the property owner more
  conspicuously than the for sale or lease message.
002.01S4f Any sign which advertises any
  product, activity or service not conducted, not available, not offered or not
  produced on the property where the sign is located.
002.01T
PARKLAND:
Any publicly-owned land which is designated
  or used as a public park, recreation area, wildlife or waterfowl refuge or
  historic site.
002.01U
PREMISES:
All or a portion of the property occupied by
  the buildings, parking lots, storage or processing areas, other structures or
  other physical uses that are necessary and customary to the activity, including
  such open spaces as are arranged and designed to be used in connection with
  such buildings or uses.
002.01U1 Except for
  farms and ranches, the following will not be considered to be a part of the
  premises on which the activity is conducted, and any signs located on such land
  will be considered "off-premise" advertising:
002.01U1(a) Any property, building,
  structure, or other improvement which is not used as an integral part of the
  principal activity. This would include, but not be limited to, any land which
  is separated from the activity by a public road, railroad, river, or other
  obstruction and is not used by the activity as a part of the premises; and land
  that is undeveloped highway frontage adjacent to the land actually used by the
  advertised activity, even though it might be under the same
  ownership.
002.01U1(b) Any
  property, building, structure, or other improvement which is used for, or
  devoted to, a separate use is not a part of the premises on which the activity
  is conducted even though under the same ownership.
002.01U1(c) Any property, building,
  structure, or other improvement which is separated from the principal activity,
  and is developed or used only at the sign site by structures or uses which are
  only incidental to the principal activity, and which serves no reasonable or
  integrated purpose related to the activity other than to attempt to qualify the
  land for signing purposes.
002.01U1(d) Where the sign site is located at
  or near the end of a narrow strip contiguous to the advertised activity, the
  sign site shall not be considered part of the premises on which the activity
  being advertised is conducted. A narrow strip shall include any configuration
  of land which is such that it cannot be put to any reasonable use related to
  the activity other than for signing purposes. In no event shall a sign site be
  considered part of the premises on which the advertised activity is conducted
  if it is located upon a narrow strip of land that is:
002.01U1(d)(1) nonbuildable, such as a
  swampland, marshland, or other wetland, or;
002.01U1(d)(2) which is a common or private
  roadway, or;
002.01U1(d)(3) held by
  easement or other lesser interest than the premise where the advertised
  activity is located.
002.01V
PRIMARY
  SYSTEM:
The Primary Roads, Streets and Highways, whether a part of
  the State Highway System, County Road Systems or city streets, which have been
  designated as Federal-Aid Primary Roads by the Department and approved by the
  Secretary of Transportation of the United States on June 1, 1991, and shown on
  the maps provided for in 39-1311 Neb. Rev. Stat.
002.01W
PUBLIC SERVICE
  MESSAGE:
Time, date, temperature, weather, or any other
  noncommercial message the sign owners(s) or sign tenant(s) may wish to display.
  If the message brings in any rental income or any type of compensation to the
  sign owner(s) or tenant(s) or if the information being displayed relates to
  trade or business or has financial gain, profit, or wealth as an aim, the sign
  message will be considered to be commercial advertising rather than public
  service information.
002.01X
PROPERTY:
An area of land under one ownership not
  severed by a public road. A tenant's property is that area described in the
  lease in which the owner has given the right of possession to the tenant for a
  specified term and for a specified consideration.
002.01X1 A subdivided property is considered
  to be one property if all lots remain under common ownership and all lots share
  a common, private access to public roads. However, if any of the subdivided
  property is sold or disposed of in any manner, that portion will be considered
  to be a separate property.
002.01X2
  Contiguous lots or parcels of land combined for development purposes are
  considered to be one property for outdoor advertising control purposes provided
  they are under one ownership.
002.01X3 The following will not be considered
  to be a part of the property on which the activity is conducted, and any signs
  located on such land will be considered "off-premise" advertising:
002.01X3(a) Any property leased to
  another.
002.01X3(b) Any property
  encumbered with an easement, exclusive of sub surface utility
  easements.
002.01X3(c) Where the
  sign site is located at or near the end of a narrow strip contiguous to the
  advertised activity, the sign site shall not be considered part of the property
  on which the activity being advertised is conducted. A narrow strip shall
  include any configuration of land which is such that it cannot be put to any
  reasonable use related to the activity other than for signing purposes. In no
  event shall a sign site be considered part of the property on which the
  advertised activity is conducted if it is located upon a narrow strip of land
  that is:
002.01X3(c)(1) nonbuildable, such as
  a swampland, marshland, or other wetland, or
002.01X3(c)(2) which is a common or private
  roadway, or
002.01X3(c)(3) held by
  easement or other lesser interest than the premise where the advertised
  activity is located.
002.01Y
RECONSTRUCTION:
Defined as erect in 002.01G.
002.01Z
ROAD:
A
  public way for the purposes of vehicular travel, including the entire area
  within the right of way. This includes any other terms used to describe roads,
  such as parkway, lane, avenue, boulevard or any other term not listed but in
  which the public way is used for the purpose of vehicular travel. A road
  designated as a part of the state highway system may be called a highway, while
  a road in an urban area may be called a street.
002.01AA
SCENIC
  AREA:
Any area of particular scenic beauty or historical
  significance as determined by the Federal, State, or local officials having
  jurisdiction thereof, and includes interests in land which have been acquired
  for the restoration, preservation, and enhancement of scenic beauty.
002.01BB
SCENIC
  BYWAY:
A road, highway, or connecting link designated as scenic
  byway pursuant to Section
  39-217.
  A map of the scenic byways shall be maintained as provided in Section
  39-1311.
  For additional information see 002.14.
002.01CC
SCHOOL DISTRICT, COUNTY
  OR MUNICIPAL RECOGNITION SIGN:
An official recognition sign
  erected and maintained by a school district, county or municipality within its
  territorial or zoning jurisdiction. The recognition sign for a school district
  is limited to displaying a message that identifies the school district, its
  boundaries, its services, its functions or activities that are located therein.
  The recognition sign for a county or municipality is limited to displaying a
  message that identifies the county or municipality, its boundaries, its public
  services and noncommercial attractions, functions or activities that are
  located therein.
002.01DD
SIGN:
Any outdoor sign, display, device, figure,
  painting, drawing, message, placard, poster, billboard, or other thing, whether
  placed individually or on a V-type, back-to-back, stacked or double-faced
  display, designed, intended or used to advertise or inform; with any part of
  the advertising or informative content visible from any place on the
  main-traveled way of the HBCS.
002.01EE
SIGN
  MEASUREMENT:
The area of a sign shall be measured by the smallest
  square, rectangle, triangle, circle, or combination thereof, which will
  encompass the entire sign, including boarder and trim, but will exclude
  ornamental base or apron and other structural members unless such areas include
  advertising content.
For any other object used as a sign, such as a message painted on a
	 building, other facility or object, the area of the message shall be measured
	 by the smallest square, rectangle, triangle, circle, or combination thereof,
	 which will encompass the entire message, figure, painting, or drawing that is
	 designed, intended or used to gain public attention.
Measure the entire object if the object is designed, intended, or used
	 as a sign to gain public attention.
002.01FF
TRAVELED
  WAY:
That portion of the roadway used for the movement of
  vehicles, exclusive of shoulders and auxiliary lanes.
002.01GG
URBAN AREA:
That area designated as a town, village, city or municipality or that urban
  place as designated as an urban area by State or local officials as approved by
  the U.S. Secretary of Transportation.
002.01HH
UNZONED COMMERCIAL OR
  INDUSTRIAL AREA:
For purposes of control of outdoor advertising,
  shall mean all areas within six hundred sixty feet of the nearest edge of the
  right of way of the HBCS which are not zoned by the state or local law,
  regulation or ordinance and on which there is located one or more permanent
  structures devoted to a business or industrial activity or on which a
  commercial or industrial activity is conducted, whether or not a permanent
  structure is located thereon, the area between such activity and the highway,
  and the area along the highway extending outward six hundred feet from and
  beyond each edge of such activity, and in the case of the non-Interstate
  highway routes on the HBCS may include the unzoned lands on both sides of such
  road or highway to the extent of the same dimensions: Provided, those lands on
  the opposite side of the highway are not deemed scenic or having aesthetic
  value as determined by the department. In determining such an area,
  measurements shall be made from the furthest or outermost edges of the
  regularly used area of the commercial or industrial activity, structures,
  normal points of ingress and egress, parking lots, storage and processing areas
  constituting an integral part of such commercial or industrial activity.
  (39-1302(41) Neb. Rev. Stat.)
002.01II
VISIBLE:
Visible, as used in reference to advertising signs, displays, or devices, shall
  mean the message or advertising content of such sign, display, or device is
  capable of being seen without visual aid by a person of normal visual acuity. A
  sign shall be considered visible even though the message or advertising content
  may be seen but not read.
002.01JJ
ZONING:
Local zoning actions must be taken pursuant to
  the State's zoning enabling statute(s) or constitutional authority and in
  accordance therewith. Action which is not a part of comprehensive zoning or is
  created primarily to permit outdoor advertising structures is not recognized as
  zoning for outdoor advertising control purposes.