Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 411 - NEBRASKA DEPARTMENT OF TRANSPORTATION - TRAFFIC ENGINEERING DIVISION › Chapter 5 - Tourist-Oriented Directional Sign (TODS) Panels › Section 411-5-003 - ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
003.01 The eligibility requirements are
  applicable to all TODS panels and Trailblazers erected.
003.02 The tourist-oriented activity, before
  qualifying to appear on a TODS panel, shall provide the Department or Agent
  with a written assurance of its conformity with all Federal and State laws
  relating to discrimination based on race, creed, color, sex, national origin,
  ancestry, political affiliation, religion and its conformity with the Americans
  with Disabilities Act (ADA). If the activity violates any of such laws, it
  shall lose its eligibility to appear on a TODS panel.
003.03 Any activity that has erected an
  advertising sign that does not comply with the requirements of Neb.Rev.Stat.
  §§
									39-213
  through
  39-226
  and the Rules and Regulations Title 410, Chapter 3, section 002, Control of
  Advertising in Areas Adjacent to the Highway Beautification Control System
  shall not be eligible to be identified on any of the TODS panels until all
  illegal signs are removed or brought into conformity with the law.
003.04 The activity also shall not have an
  official traffic control device which directs motorists to its
  business.
003.05 Tourist-oriented
  directional activity plaques shall include, but not be limited to, signs giving
  directions to recreational, historical, cultural, educational, or entertainment
  activities. In addition, unique or unusual commercial or nonprofit activities
  will also qualify. Each activity shall meet all the eligibility
  requirements.
003.06 The activity,
  service or business (including seasonal agricultural products) must derive the
  major portion of its income or visitors during the normal business season from
  motorists not residing in the immediate area of the business or activity. A
  one-year initial grace period will be allowed for those activities without
  sufficient records to support the requirements of section 002.24.
003.07 The activity, service or business must
  have obtained all required approvals or licenses from the State or local
  agencies having jurisdiction, including permits or ordinances for the erection
  of Trailblazer signs, when necessary.
003.08 The activity must be open to the
  public during the normal season of the activity at least eight hours per day,
  five days per week, except that if the activity is a winery, the winery shall
  be open at least 20 hours per week. The business week must include a Saturday
  or a Sunday.
003.09 The activity
  shall be conducted in an appropriate building or area. It shall not be
  conducted in a building principally used as a residence unless there is a
  convenient and well-marked entrance, except that a "Bed and Breakfast" activity
  shall be excluded from this requirement.
003.10 An activity which requires more than
  three Trailblazer signs shall not qualify for a TODS panel.
003.11 Location of the Activity
003.11A The activity or site may be located
  in a rural area or urban area.
003.11B The activity or site must be located
  within five road miles of the highway, as measured from the gore of the
  intersection to the nearest point of intersection of the driveway of the
  qualified activity and the highway.
003.11C An activity which is located more
  than five and less than 15 miles from a Rural Conventional Road may request a
  waiver from the Department in order to apply for space on a TODS panel. The
  waiver may be given at the discretion of the Department where the business
  provides a tourist service different from those located within five miles of
  the intersection, where it is not located within five miles of another Rural
  Conventional Road and where no other directional signing is available for the
  activity.
003.11D An activity
  located on property contiguous to a Rural Conventional Road shall be eligible
  for straight ahead signing on that Rural Conventional Road only at the
  intersection nearest to the business. The activity must be located within the
  distance required by section
  003.11B.
003.11E Signing for activities in the ahead
  direction shall be considered only when there is signing for a similar facility
  in either the right or left direction. The legend AHEAD in appropriate letter
  size may be used in lieu of directional arrows. The determination for ahead
  signing shall be made by the Department.