Overview

Congress passed the Highway Beautification Act to control and limit signs along the interstate and primary highways which allows the traveling public to enjoy the nation's scenic beauty.

The Montana Legislature also enacted laws consistent with the federal act. Montana Department of Transportation (MDT) is responsible for enforcing these laws, and failure to do so could jeopardize millions of dollars in highway construction funds.

President Lyndon B. Johnson signed The Highway Beautification Act into public law on October 22, 1965. The first section of the law sets forth program objectives. "The erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate and Primary highway system should be controlled in order to protect the public investment on such highways, and to promote the safety and recreation value of public travel, and to preserve natural beauty."

To comply with the Federal Highway Beatification Act (Title 23, United States Code), the Montana Legislature passed the Outdoor Advertising Act, effective June 21, 1971. The statutes are supplemented by administrative rules promulgated by the Highway (now Transportation) Commission. The administrative rules are contained in Sections 18.6.201 through 18.6.270, Administrative Rules of Montana (ARM).

The Department of Transportation has the responsibility for the regulation and control of outdoor advertising along the National Highway System (NHS) or the Primary Highway System, as those systems are defined in Section 60-2-125, MCA. The Department assigned the Right-of-Way Bureau the overall administration of the program with regard to developing and administering policies and procedures. Within the Right-of-Way Bureau, it is the responsibility of the Outdoor Advertising Coordinator to perform these functions. Activities including recommendation of permit issuance, surveillance and initiating the removal of unlawful signs.

The outdoor advertising program involves the regulation and control of the location, size, spacing, lighting and maintenance of signs and devices along the state's NHS system and remaining primary system not included in the NHS. The program involves:

• The review, approval or rejection of sign permit applications.
• Removal of lawfully erected signs which do not conform with established standards for location, spacing, size, lighting or other criteria, subject to availability of federal funds for such purposes.
• The inventory of all affected routes to determine sign owners' compliance with regulations of the program.
• The removal of any signs unlawfully erected or maintained.

Program Features

The State of Montana agreed to provide "effective control" of outdoor advertising by establishing a sign permit system; maintenance of an inventory of all permitted signs, and periodic surveillance of the controlled routes to discover unlawful signs and monitor other signs as required by state law.

Two distinct enforcement impacts emanate from the "effective control" provisions:

• The removal of unlawful signs;
• The reasonable enforcement of land use control concepts that are applicable to nonconforming signs such as abandonment, destruction, and customary maintenance.

An unlawful sign is one which is erected and/or maintained in violation of the law. A sign is nonconforming if it was erected prior to the effective date of state law, but does not conform to the law's requirements. The term "grandfathered" sign is often used in relation to nonconforming signs.

How are highways subject to control identified?

All highways designated as part of the National Highway System (NHS) are subject to control. The NHS system includes all interstate highways and many of the former primary highways. Most primary highways are preceded with US, such as highway US-2 or US-93. There are other primary highways that are subject to control that are not a part of the NHS system. If you want to know if a particular highway falls under the outdoor advertising control, you can check with representatives of the Montana Department of Transportation.

What is the control area?

Inside urban boundaries, outdoor advertising is controlled within 660 feet from the edge of the right-of-way.

Outside of urban boundaries, outdoor advertising is controlled to the limit of visibility or readability of the sign. In commercial and industrial areas, conforming signs must be erected within 660 feet from the edge of the right-of-way.

The urban boundary definition and maps are available from the Montana Department of Transportation. In Montana, the urban designation is for cities of populations of 5,000 or more. The boundaries are set by agreement among Federal, State and Local governments.

Are there any signs that are exempt from control under this program?

Yes, some signs that are visible from controlled highways are exempt from this program. They include:

• Official traffic signs.
• Signs advertising the sale or lease of property on which they are located.
• Signs advertising the products and activities conducted on the property on which they are located. These signs are referred to as "on premise" signs.
• Political signs. These signs are allowed 90 days before the applicable election and must be removed within 30 days following the election.
• LOGO and TODS signs authorized under the Motorist Information Sign Act.

Are there any signs that can be erected along the controlled highways, in which the rules and regulations are less restrictive than for advertising signs?

Yes, the following signs may be erected outside of a zoned or unzoned commercial or industrial area:

• Ranch and Rural Directional signs for operations that do not about the highway but have access by a non-public access road across other ownerships. These signs cannot exceed 32 square feet and cannot be erected adjacent to an interstate highway.
• Directional signs pertaining to natural wonders and scenic or historical
• attractions as authorized by law.
• Signs advertising cultural exhibits of nonprofit historical or arts organizations. These signs cannot exceed 150 square feet in area and the message is limited to identification of the activity and directional information useful to the traveler. The signs also must be located within a prescribed distance from the activity.
• Noncommercial signs such as "Welcome to" community signs and public service signs. "Welcome to" community signs are limited to 150 square feet. One sign is permitted on each highway entering the community. Church and service club signs are limited to 8 square feet.

In the case of the signs identified above, a permit is required from the Montana Department of Transportation, but the three-year renewal fees are waived.

What are the rules and regulations for the placement of off-premise advertising signs or billboards?

Off-premise advertising signs can only be placed in zoned commercial or industrial areas, or in unzoned commercial or industrial areas, with a qualifying activity as determined by the Montana Department of Transportation. Signs in unzoned areas must be located within 600 feet of a qualifying business and must be on the same side of the highway as that business. There is a limit of two signs for each qualifying activity.

Signs adjacent to the interstate highways or limited-access primary routes must be a minimum of 500 feet from other permitted signs. Signs along most primary routes may be spaced 300 feet apart from other permitted signs. There are other spacing requirements for signs within cities or towns.

The law provides that advertising signs may not be erected that:

• Exceed 672 square feet in area, (48 feet by 14 feet sign is 672 square feet).
• Exceed 48 feet in length
• Exceed a maximum height of 30 feet when measured at a right angle from the surface of the roadway.

All advertising sign permits require an initial application fee and the payment of a three-year renewal fee.

How much are permit fees?

The non-refundable application inspection fee is $150.

Initial permit fees range from $10 - $150.

After the initial three-year period, the Department simply issues a statement of fees due. The sign owner is not required to apply for a new permit. Three-year renewal fees range from $15 - $225.

Those who wish to erect an advertising sign should contact a Right of Way Agent in the Outdoor Advertising Control at the Montana Department of Transportation. The agent will provide the application forms and explain in detail the rules and regulations.

Visit with OAC Contacts and complete an application for a sign permit. There are numerous details that must be considered and approved before issuing a permit for a sign.