306C.11  Advertising prohibited.

Subject to the provisions made in section 306C.13 regarding control of bonus interstate highways and section 306D.4 regarding scenic highways or byways, an advertising device shall not be erected or maintained within any adjacent area, or on the right-of-way of any primary highway, except the following:

1.  Advertising devices concerning the sale or lease of property upon which they are located.

2.  Advertising devices concerning activities conducted on the property on which they are located, nor shall the property upon which they are located be construed to mean located upon any contiguous area having inconsistent use, size, shape, or ownership.

3. a.  Advertising devices within the adjacent area located in commercial or industrial zones or in unzoned commercial or industrial areas in compliance with the regulatory standards of this division and rules promulgated by the department.

b.  The rules shall be consistent with national standards promulgated pursuant to 23 U.S.C. § 131 and shall include at least the following:

(1)  Provision for a fee schedule to cover the direct and indirect costs related to issuing permits and control of outdoor advertising.

(2)  Specific permit requirements.

(3)  Criteria for on-premise signs.

(4)  Provisions specifying the measurement of required spacing.

(5)  Provisions specifying conforming sign configurations.

4.  Official and directional signs and notices which shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, recreational attractions and municipal recognition signs, which shall conform with rules promulgated by the department, provided that such rules shall be consistent with national standards promulgated pursuant to 23 U.S.C. § 131(c).

5.  Signs, displays, and devices giving specific information of interest to the traveling public, shall be erected by the department and maintained within the right-of-way in the areas, and at appropriate distances from interchanges on the interstate system and freeway primary highways as shall conform with the rules adopted by the department. The rules shall be consistent with national standards promulgated from time to time or as permitted by the appropriate authority of the federal government pursuant to 23 U.S.C. § 131(f) except as provided in this section. The rules shall include but are not limited to the following:

a.  Criteria for eligibility for signing.

b.  Criteria for limiting or excluding businesses that maintain advertising devices that do not conform to the requirements of chapter 306B, this division, or other statutes or administrative rules regulating outdoor advertising.

c.  Provisions for a fee schedule to cover the direct and indirect costs of sign erection and maintenance and related administrative costs.

d.  Provisions for specifying the maximum distance to eligible businesses.

e.  Provisions specifying the maximum number of signs permitted per panel and per interchange.

f.  Provisions for determining what businesses are signed when there are more applicants than the maximum number of signs permitted.

g.  Provisions for removing signs when businesses cease to meet minimum requirements for participation and related costs.

For purposes of this division, "specific information of interest to the traveling public" means only information about public places for camping, lodging, eating, and motor fuel and associated services, including trade names which have telephone facilities available when the public place is open for business and businesses engaged in selling motor vehicle fuel which have free air for tire inflation and restroom facilities available when the public place is open for business.

Business signs supplied to the department by commercial vendors shall be on panels, with dimensional and material specifications established by the department. A business sign included under the provisions of this section shall not be posted unless it is in compliance with these specifications. The commercial vendor shall pay to the department a fee based upon the schedule adopted under this subsection for each business sign supplied for posting. Upon furnishing the business signs to the department and payment of all fees, the department shall post the business signs on eligible specific information panels. Faded signs shall be replaced and the commercial vendor charged for the cost of replacement based upon the fee schedule adopted. There is created in the office of the treasurer of state a fund to be known as the "highway beautification fund" and all funds received for the posting on specific information panels shall be deposited in the "highway beautification fund". Information on motor fuel and associated services may include vehicle service and repair where the same is available.

6.  The publication title of a newspaper on a delivery receptacle attached to a mailbox or mailbox support.

Section History: Early form

  [C73, 75, 77, 79, 81, § 306C.11; 82 Acts, ch 1240, § 1]

Section History: Recent form

  90 Acts, ch 1183, §1, 2; 95 Acts, ch 135, §3; 97 Acts, ch 104, §2; 98 Acts, ch 1075, §19

Internal References

  Referred to in § 306C.10, 306C.12, 306C.13, 306C.18

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Last update: Thu Mar 18 15:00:31 CST 1999
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