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 411-5-002 - DEFINITIONS

Current through June 17, 2024
For the purpose of these Rules and Regulations the following
	 definitions are provided:
002.01
  Activity Plaque
"Activity Plaque" means a sign that displays the identification of a
	 specific qualified activity or business, the distance to the activity, and the
	 directional arrow, and forms a part of a Tourist-Oriented Directional Sign
	 (TODS) panel.
002.02 Agent
"Agent" means a person, corporation, or business that enters into a
	 contract with the Department of Roads for the purpose of operating the
	 Tourist-Oriented Directional Signing (TODS) Program.
002.03 Annual Fee
"Annual Fee" means the fair market rental value of the sign site and
	 any cost associated with the fabrication, erection, maintenance or servicing of
	 Tourist-Oriented Directional Signs, such costs or criteria therefore being
	 established by contract.
002.04 Conforming Advertising Devices
"Conforming Advertising Devices" means those devices that have been
	 lawfully erected, as described under 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.
002.05 Department
"Department" means the State of Nebraska Department of Roads.
002.06 Directional Advertising
  Device
"Directional Advertising Device" includes, but is not limited to:
	 advertising devices containing directional information about public places
	 owned or operated by federal, state or local governments or their agencies,
	 publicly or privately owned natural phenomena, historic, cultural, scientific,
	 educational, and religious sites; and areas of natural scenic beauty or
	 naturally suited for outdoor recreation, deemed to be in the interest of the
	 traveling public. Such devices shall conform to standards promulgated by the
	 Department pursuant to Neb.Rev.Stat. §
										39-215,
	 which standards shall conform to the national policy.
002.07 District Office
"District Office" means the headquarters for any one of the eight
	 geographical subdivisions of the Nebraska Department of Roads.
002.08 Erect
"Erect" means construct or allow to be constructed.
002.09 Expressway
"Expressway" means a divided arterial highway for through traffic with
	 full or partial control of access which may have grade separations at
	 intersections.
002.10 FHWA
"FHWA" means the Federal Highway Administration, the U.S. Department of
	 Transportation.
002.11
  Federal Authority
"Federal Authority" refers to
	 23 USC
	 109(d),
	 315,
	 and
	 402(a);
	 49 CFR
	 1.48(b); and federal
	 requirements.
002.12 Gore
"Gore" means the area immediately beyond the divergence of two traveled
	 ways, bounded by the edges of those traveled ways.
002.13 Freeway
"Freeway" means a divided arterial highway designed primarily for
	 through traffic with full control of access and with grade separations at all
	 intersecting road crossings, including all interchanges and approach and exit
	 roads thereto.
002.14
  Highway
"Highway" means the entire width between the boundary limits of any
	 street, road, avenue, boulevard, or way which is publicly maintained when any
	 part thereof is open to the use of the public for purposes of vehicular
	 travel.
002.15 Highway
  Miles
"Highway Miles" means the distance in miles calculated by traveling on
	 any highway, as opposed to air miles.
002.16 Illegal Sign
"Illegal Sign" means a device erected 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.
002.17 Immediate
  Area
"Immediate Area" means within a 40-mile radius (air miles) as
	 determined by the postal address of the visitor.
002.18 Interchange
"Interchange" means a grade-separated intersection with one or more
	 turning roadways for travel between any of the highways radiating from and
	 forming part of such intersection.
002.19 Intersection
"Intersection" means the area embraced within the prolongation or
	 connection of the lateral curb lines or, if there are not lateral curb lines,
	 the lateral boundary lines of the roadways of two or more highways which join
	 one another at, or approximately at, right angles or the area within which
	 vehicles traveling upon different highways joining at any other angle may come
	 in conflict. When a highway includes two roadways thirty feet or more apart,
	 then every crossing of each roadway of such divided highway by an intersecting
	 highway shall be regarded as a separate intersection. In the event such
	 intersecting highway also includes two roadways thirty feet or more apart, then
	 every crossing of two roadways of such highways shall be regarded as a separate
	 intersection. The junction of an alley with a highway shall not constitute an
	 intersection.
002.20
  Interstate Highway System
"Interstate Highway System" means any highway included as a part of the
	 Dwight D. Eisenhower National System of Interstate and Defense Highways
	 established by the Federal Aid Highway Act of 1956, as amended, and defined in
	 Title 23 of the United States Code and any other subsequent acts of
	 Congress.
002.21 Local
  Authority
"Local Authority" means every county, municipal, and other local board
	 or body having power to enact laws, rules or regulations relating to traffic
	 under the Constitution of Nebraska and the laws of the state and generally
	 including the directors of state institutions, the Nebraska Game and Parks
	 Commission, and all natural resources districts with regard to roads not a part
	 of the state highway system and within the limits of such institution, of an
	 area under Nebraska Game and Parks Commission control, or of an area owned or
	 leased by a natural resources district, but outside the limits of any
	 incorporated city or village.
002.22 MUTCD
"MUTCD" refers to the Manual on Uniform Traffic Control Devices and the
	 Nebraska Supplement thereto, adopted in the Rules and Regulations, Title 411,
	 Chapter 1, section 001, pursuant to Neb.Rev.Stat. §
										60-6,118,
	 and found on Nebraska Department of Roads' website:
	 http://nebraskatransportation.org/traffeng/mutcd.htm.
002.23 Maintenance
"Maintenance" means to preserve, keep in repair, continue or replace a
	 TODS Panel/Activity plaque.
002.24 Major Portion of Income or Visitors
"Major Portion of Income or Visitors" means a percentage of the annual
	 income derived from the activity or visitors to the activity during the normal
	 season of the activity. Sales from the use of catalogs, brochures, etc., which
	 do not result in the purchaser's presence at the business or activity site
	 shall be excluded from the computation of what constitutes a major portion of
	 income or visitors.
002.24A Major
  portion of income or visitors is subdivided as follows:
002.24A1 Businesses Open Seasonally: 50% of
  the annual income or visitors to the activity.
002.24A2 Businesses Open All Year-Around: 30%
  of the annual income or visitors to the activity.