AB 1146

This bill alters several provisions relating to the regulation of outdoor

advertising signs along highways.

The federal Highway Beautification Act requires states to restrict advertising

along interstate and federal-aid primary (primary) highways, and current state law

incorporates these requirements. Current law prohibits, with certain exceptions,

the erection or maintenance of outdoor advertising signs within 660 feet of, or beyond

660 feet but visible (and erected for the purpose of being visible) from, the

main-traveled way of an interstate or primary highway. The exceptions to this

prohibition include, with some restrictions:

1. Directional and other official signs, including signs relating to natural

wonders and scenic and historical attractions.

2. Landmark signs.

3. Signs advertising the sale or lease of property on which the signs are located.

4. On-premises signs, which are signs advertising activities conducted on the

property where the signs are located.

5. Signs located beyond 660 feet of the highway in urban areas.

6. Signs located within 660 feet of the highway in areas zoned for business,

industrial, or commercial activities, or in unzoned areas used for commercial or

industrial activities, that were in existence on March 18, 1972.

7. Signs located within 660 feet of the highway in areas zoned for business,

industrial, or commercial activities, or in unzoned areas used for commercial or

industrial activities, that were erected after March 18, 1972. These signs must

comply with certain size, lighting, and spacing requirements. If, however, a county

or local zoning authority has made a determination of customary use regarding size,

lighting, and spacing, that determination may be accepted in lieu of the statutory

requirements.

8. Certain signs erected on farm buildings.

The bill freezes, as of the effective date of the bill, the application of the

exception to off-premises business area signs, thereby prohibiting the erection of

signs under that exception after the bill's effective date. Signs erected under this

exception prior to the bill's effective date may continue to be maintained and to vary

their advertising and informative displays.

The bill also extends the provisions governing outdoor advertising signs along

interstate and primary highways to scenic byways.

Under current law, the Department of Transportation generally may remove

signs that do not conform to applicable requirements but, for each sign removed,

must pay just compensation to the owner of the sign and to the owner of the land on

which the sign is located. For on-property signs, if the on-property sign was lawful

when it was erected but later does not comply with the applicable requirements for

on-property signs, DOT must declare the sign to be nonconforming but may not