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Agreement

STATE OF SOUTH CAROLINA

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 10 day of January, 1972, 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 South Carolina, represented by the State Highway Commission acting by and through its Chief Highway Commissioner, 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 and 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 South Carolina desires to implement and carry out the provisions of Section 131 of Title 2 3, 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 mutually agree as follows:

SECTION 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 established activities generally recognized as commercial or industrial by zoning authorities within the 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 wayside produce stands.
    3. Activities conducted in a building principally used as a residence.
    4. Transient or temporary activities.
    5. Activities not visible from the main traveled way.
    6. Activities more than 660 feet from the nearest edge of right-of-way.
    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, business, or industrial areas mean the land occupied by the regularly used building, parking lot, and storage or processing area of a commercial business, or industrial activity, and that land within 600 feet thereof on both sides of the highway. The unzoned land shall not include:
    1. Land on the opposite side of an Interstate or freeway primary Federal- aid highway.
    2. Land predominantly used for residential purposes.
    3. Land zoned by State or local law, regulation, or ordinance.
    4. Land on the opposite side of a non- freeway primary highway which is deemed scenic by the State Highway Commission.
    5. An "unzoned commercial or industrial area" shall never include:
      1. Any land established as a scenic area.
      2. Any land now or hereafter zoned in any manner by any subdivision of government, or
      3. Any land which is within three hundred feet of a residential structure without the written consent of the owner of the residence.
      4. 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 mean 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 separated roadways for traffic in opposite directions 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, or used to advertise or inform, any part of the advertising or information contents of 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. 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.

SECTION 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 South Carolina in which outdoor advertising signs may be visible from the main-traveled way of either or both of said systems.

SECTION III. 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.
  2. In such areas, the size, lighting, and spacing requirements set forth below shall not apply.
  3. 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, cutouts and extensions, but excluding decorative bases or supports.
  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 interfere with the effectiveness of an official traffic sign, signal, or device, nor obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.
  2. Interstate Highways and Highways on the Federal-aid Primary System Constructed to Controlled Access Standards
    1. No two structures shall be spaced less than 500 feet apart.
    2. Outside of incorporated municipalities, no structure may be located adjacent to or within 500 feet of an interchange, intersection at grade, or 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. Non-Controlled Access Federal-aid Primary Highways
    1. Outside of incorporated municipalities - no two structures shall be spaced less than 300 feet apart.
    2. Within incorporated municipalities - 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 any point on the highway at any one time.
  5. Explanatory Notes
    1. Official and "on-premise" signs, as defined in Section 3l (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 may be illuminated, subject to the following restrictions:

  1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information.
  2. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the Interstate or Federal-aid primary highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.\
  3. No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.
  4. All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the State.

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.

SECTION 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 provisions contained herein pertaining to the size, lighting, and spacing of outdoor advertising signs permitted in zoned and unzoned commercial and industrial areas shall apply only to those signs erected subsequent to November 3, 1971, except for those signs erected within 6 months after November 3, 1971, in zoned or unzoned commercial or industrial areas on land leased prior to such date, provided that a copy of such lease be recorded on the records of the respective clerk of court or register of mesne conveyance of the county.

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.

SECTION V. EFFECTIVE DATE

This Agreement shall have an effective date of November 3, 1971.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of January (UNREADABLE), 1972.

Title: Approval Signatures - Description: This image is of two signatures. The first is of the Chief Highway Commissioner of South Carolina in 1972. The second is of the FHWA Administrator in 1972.

Updated: 09/05/2014
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