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Agreement

STATE OF NEVADA

FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR ADVERTISING IN AREAS ADJACENT TO THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM

THIS AGREEMENT made and entered into this 27th day of October 1998 by and between the United States of America represented by the Secretary of Transportation acting by and through the Federal Highway Administrator, hereinafter referred to as the "Administrator", and the State of Nevada, acting by and through its Board of Directors of Department of Transportation, hereinafter referred to as the "State".

WITNESSETH

WHEREAS, Congress has declared that Outdoor Advertising in areas adjacent to the

Interstate and Federal-aid primary systems should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel and to preserve natural beauty; and

WHEREAS, Section 131(d) of Title 23, United States Code, authorizes the Secretary of Transportation to enter into agreements with the several States to determine the size, lighting and spacing of signs, displays, and devices, consistent with customary use, which may be erected and maintained within 660 feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and Federal-aid Primary Systems which are zoned industrial or commercial under authority of State law or in unzoned commercial or industrial areas, also to be determined by agreement; and

WHEREAS, the purpose of said agreement is to promote the reasonable, orderly, and effective display of outdoor advertising while remaining consistent with the national policy to protect the public investment in the Interstate and Federal-aid primary highways, to promote the safety and recreational value of public travel and to preserve natural beauty; and

WHEREAS, Section 131(b) of Title 23, United States Code, provides that Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the Primary System of outdoor advertising signs, displays, and devices which are within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under Section 104 of Title 23, United States Code, until such time as such State shall provide for such effective control; and

WHEREAS, the State of Nevada desires to implement and carry out the provisions of Section 131 of Title 23, United States Code, and the national policy in order to remain eligible to receive the full amount of all Federal-aid highway funds to be apportioned to such State on or after January 1, 1968, under Section 104 of Title 23, United States Code; and

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I. Definitions

  1. Act means Section 131 of Title 23, United States Code (1965) commonly referred to as Title I of the Highway Beautification Act of 1965.
  2. Commercial or industrial activities for purposes of unzoned commercial or industrial areas mean those activities generally recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities shall be considered commercial or industrial:
    1. Outdoor advertising structures.
    2. Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands.
    3. Transient or temporary activities.
    4. Activities not visible from the main traveled way.
    5. Activities more than 660 feet from the nearest edge of the right-of-way
    6. Activities conducted in a building principally used as a residence.
    7. Railroad tracks and minor sidings.
  3. Zoned commercial or industrial areas mean those areas which are zoned for business, industry, commerce, or trade pursuant to a State or local zoning ordinance or regulation.
  4. Unzoned commercial or industrial areas mean those areas which are not zoned by State or local law, regulation, or ordinance, and on which there is located one or more permanent structures devoted to a commercial or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending 600 feet from and beyond the edge of such activity. In addition, lands on the opposite side of the highway to the extent of the same dimensions will be considered as an unzoned commercial or industrial area provided those lands on such opposite side are not deemed scenic or as having aesthetic value. In the event the area on the opposite side of the highway is deemed scenic, then only the side of the highway having a commercial activity located thereon will be said to be unzoned commercial or industrial for the purpose of this Agreement.
    1. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing, and landscaped areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of pavement of the highway.
  5. National System of Interstate and Defense Highways and Interstate System means the system presently defined in and designated pursuant to subsection (d) of Section 103 of Title 23, United States Code.
  6. Federal-aid primary highway means any highway within that portion of the State highway system as designated, or as may hereafter be so designated by the State, which has been approved by the Secretary of Transportation pursuant to subsection (b) of Section 103 of Title 23, United States Code.
  7. Traveled way means the portion of a roadway for the movement of vehicles, exclusive of shoulders.
  8. Main-traveled way means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposition is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.
  9. Sign means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, used to advertise or inform, any part of the advertising or information contents which is visible from any place on the main-traveled way of the Interstate or Federal-aid Primary Highway Systems.
  10. Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign structure.
  11. Maintain means to allow to exist.
  12. Safety rest area means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control, for the convenience of the traveling public.
  13. Visible means that the advertising copy or informative contents are capable of being seen without visual aid by a person of normal visual acuity.

II. SCOPE OF AGREEMENT

This Agreement shall apply to the following areas:

  1. All zoned and unzoned commercial and industrial areas within 660 feet of the nearest edge of the right-of-way of all portions of the Interstate and Primary Systems within the State of Nevada in which outdoor advertising signs may be visible from the main-traveled way of either or both of said systems.

Ill. STATE CONTROL

The State hereby agrees that, in all areas within the scope of this agreement, the State shall effectively control, or cause to be controlled, the erection and maintenance of outdoor advertising signs, displays, and devices erected subsequent to the effective date of this agreement other than those advertising the sale or lease of the property on which they are located, or activities conducted thereon, in accordance with the following criteria:

  1. In zoned commercial and industrial areas, the State may notify the Administrator as notice of effective control that there has been established within such areas regulations which are enforced with respect to the size, lighting, and spacing of outdoor advertising signs consistent with the intent of the Highway Beautification Act of 1965 and with customary use. In such areas, the size, lighting, and spacing requirements set forth below shall not apply.
  2. In all other zoned and unzoned commercial and industrial areas, the criteria set forth below shall apply.

Size of Signs

  1. The maximum area for any one sign shall be 1,200 square feet with a maximum height of 30 feet and maximum length of 60 feet, inclusive of any border and trim but excluding the base or apron, supports, and other structural members.
  2. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign.
  3. The maximum size limitations shall apply to each side of a sign structure; and signs may be placed back-to-back, side-by-side, or in V-type construction with not more than two displays to each facing, and such sign structure shall be considered as one sign.

Spacing of Signs

  1. Interstate and Federal-aid Primary Highways
    1. Signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.
  2. Interstate Highways and Freeways on the Federal-aid Primary System
    1. No two structures shall be spaced less than 500 feet apart.
    2. Outside of urbanized area boundaries, as defined by 23 U.S.C. 101(a), no structure may be located adjacent to or within 500 feet of an interchange, intersection at grade, or safety rest area. Said 500 feet to be measured along the Interstate or freeway from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.
  3. Nonfreeway Federal-aid Primary Highways
    1. Outside of incorporated villages and cities, no two structures shall be spaced less than 300 feet apart.
    2. Within incorporated villages and cities, no two structures shall be spaced less than 100 feet apart.
  4. The above spacing-between-structures provisions do not apply to structures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the highway at any one time.
  5. Explanatory Notes
    1. Official and "on-premise" signs, as defined in section 131 (c) of Title 23, United States Code, and structures that are not lawfully maintained shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements.
    2. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply only to structures located on the same side of the highway.

Lighting

Signs shall not be placed with illumination that interferes with the effectiveness of, or obscures any official traffic sign, device or signal; shall not include or be illuminated by flashing, intermittent or moving lights (except that part necessary to give public service information such a time, date, temperature, weather or similar information) and shall not cause beams or rays of light to be directed at the traveled way if such light is of such intensity or brilliance or is likely to be mistaken for a warning or danger signal as to cause glare or impair the vision of any driver, or to interfere with any driver's operation of a motor vehicle.

At any time that a bona fide county or local zoning authority adopts regulations which include the size, lighting, and spacing of outdoor advertising, the State may so notify the Administrator and control of outdoor advertising in the commercial or industrial zones within the geographical jurisdiction of said authority will transfer to subsection A of this section.

Application to Existing Signs

The standards and criteria set forth in this Section Ill shall apply to signs erected in zoned and unzoned commercial and industrial areas on or after April 27, 1971. Signs lawfully erected in zoned and unzoned commercial and industrial areas prior to April 27, 1971, will be considered to be conforming to the standards and criteria and will not be required to be removed if they are in conformity with the laws relating to such signs enacted by the Nevada Legislature and in effect at that time.

IV. INTERPRETATION

The provisions contained herein shall constitute the standards for effective control of signs, displays, and devices within the scope of this agreement.

The State and local political subdivisions thereof shall have full authority respectively, to zone areas for commercial or industrial purposes, and the acts of the State or local political subdivisions in this regard will be accepted for the purpose of this agreement. Whenever a bona fide state, county, or local zoning authority has made a determination of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such authority. Nothing in this section shall apply to signs, displays and devices, advertising the sale or lease of, or advertising activities conducted on, the property on which they are located.

In the event the provisions of the Highway Beautification Act of 1965 are amended by subsequent action of Congress or the State legislation is amended, the parties reserve the right to renegotiate this agreement or to modify it to conform with any amendment.

Tourist-oriented signs will not be required to be removed until the Highway Beautification Commission, established by Public Law 91-605, December 31, 1970, under Section 123, has submitted its report.

V. EFFECTIVE DATE

This Agreement shall have an effective date of MAR 5 1999 and supersedes the previous Agreement entered into on January 21, 1972.

IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written.

Title: Approval Signatures - Description: This image is of ten signatures. Signatures are of the following people: Bob Miller, Chairman of the Board of Directors of the State DOT of Nevada; Lonnie Hammargren, Frankie Sue Del Papa, Darrel Daines, Thomas Gust, and Caesar Caviglia, all members of the Nevada DOT Board of Directors in 1999. Another member, James Thornton, was not present. Keeneth Wykle, FHWA Administrator in 1999, also signed the document, as did three witnesses: Jeffrey Fontain, Thomas Stephens, and Brian Hutchins, who was the Chief Deputy Attorney General of Nevada DOT in 1999.

Updated: 09/05/2014
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