24-17 Advertising Adjacent to Highways
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<![CDATA[CHAPTER 24-17ADVERTISING ADJACENT TO HIGHWAYS24-17-01.Declaration of policy.It is hereby declared to be in the public interestreasonably to regulate advertising devices along the highways hereinafter specified while, at the<br>same time, recognizing that both the convenience of travel and the interests of the economy as a<br>whole require a reasonable freedom to advertise. It is the intention of the legislative assembly in<br>this chapter to provide a statutory basis for the reasonable regulation, but not the prohibition, of<br>outdoor advertising through zoning principles and standards consistent with the public policy<br>relating to the areas adjacent to the state highway system pursuant to 23 U.S.C. 131 and<br>23 U.S.C. 319 and rules and regulations promulgated thereunder. It is further declared to be in<br>the public interest to review all rights now acquired by the state of North Dakota for the use and<br>benefit of the department of transportation pertaining to the right and control over the erection,<br>location, or maintenance of billboards, signs, or any form of advertising adjacent to the state<br>highway system, to determine and designate such areas adjacent to the state highway system as<br>are necessary for the restoration, preservation, and enhancement of scenic beauty and to vacate<br>to the owner such property rights acquired in areas not so determined and designated.24-17-02. Definitions.1."Commissioner" shall mean the director of the department of transportation of this<br>state or authorized agents as provided in section 24-02-01.3.2."Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,<br>draw, or in any other way bring into being or establish.3."Maintain" means to exist.4."Outdoor advertising" means a sign, display, or device of any kind or character<br>including statuary, erected or maintained for outdoor advertising purposes, upon<br>which any poster, bill, printing, painting, or other advertisement of any kind<br>whatsoever may be placed for advertising purposes and shall include but not be<br>limited to any card, cloth, paper, metal, painted, or wooden sign of any character<br>placed for outdoor advertising purposes, on or affixed to the ground or any tree, wall,<br>bush, rock, fence, building, structure, or thing, either privately or publicly owned.<br>The terms "sign, display, or device" comprehend all forms of outdoor advertising and<br>the use of one such term in this chapter includes all forms of outdoor advertising.5."State highway system" shall mean the state highway system as defined in<br>subsection 45 of section 24-01-01.1.24-17-03.Outdoor advertising distance limitations.Subject to this chapter, afterJanuary 1, 1968, or any later date established by the Congress of the United States in relation to<br>23 U.S.C. 131, or waiver of that date pursuant to title 23 of the United States Code, no sign may<br>be erected or maintained within six hundred sixty feet [201.17 meters] from the nearest edge of<br>the right of way and visible from the main traveled way of any highway that is a part of the state<br>highway system in this state except the following:1.Official signs and notices and directional signs and notices, including signs and<br>notices pertaining to natural wonders, scenic and historic attractions, and outdoor<br>recreational areas subject to the national standards to be promulgated by the<br>secretary of transportation.2.Signs advertising the sale or lease of property upon which they are located.3.Signs specifically advertising activities conducted, services rendered, goods sold,<br>stored, produced, or mined, or the name of the enterprise that is located on property<br>used for the purpose advertised or on property contiguous to the advertised activityPage No. 1which is under the same ownership, lease, rent, or control as the property with the<br>advertised activity.4.Signs in unzoned commercial or industrial areas, which now or hereafter qualify as<br>such, pursuant to the agreement between the director and the secretary of<br>transportation according to 23 U.S.C. 131.5.Signs relocated by reason of the construction or reconstruction of the state highway<br>system.6.Official highway signs within interstate rights of way giving specific information for<br>the traveling public pursuant to 23 U.S.C. 131(f) and the rules and regulations<br>promulgated thereunder.7.Signs calling attention to the location of buried utility lines.24-17-03.1.Outdoor advertising beyond distance limitations.Subject to theprovisions of this chapter, no sign may, after July 1, 1977, be erected or maintained beyond six<br>hundred sixty feet [201.17 meters] from the nearest edge of the right of way, located outside of<br>urban areas, visible from the main traveled way of the highway system, and erected with the<br>purpose of their message being read from such main traveled way except the following:1.Directional and official signs and notices, which signs and notices shall include, but<br>not be limited to, signs and notices pertaining to natural wonders, scenic, and<br>historical attractions which are required or authorized by law.2.Signs, displays, and devices advertising the sale or lease of property upon which<br>they are located.3.Signs, displays, and devices advertising activities conducted on the property on<br>which they are located.24-17-04. Removal of signs. Repealed by S.L. 1983, ch. 311, </p>
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