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FOR CARRYING OUT NATIONAL POLICY REIATIVE TO CONTROL OF OUTDOOR ADVERTISINGIN AREAS ADJACENT TO THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM.
THIS AGREEMENT made and entered into this 28th day of June, 1967, by and between the United States of America represented by the Secretary of Transportation acting by and through the Fed. Hwy. Administrator, hereinafter referred to as the Fed.Hwy.Administrator and the State of Vermont represented by the Highway Department acting by and through its Commissioner hereinafter referred to as the "State." Witnesseth:
WHEREAS, Section 131(d) of title 23, United States Code, provides for agreement between the Secretary of Transportation and 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 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 primary highways, to promote the safety and recreational value of public travel and to preserve natural beauty; and
WHEREAS, the State of Vermont elects 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
WHEREAS, the State of Vermont and the Federal Highway Administrator entered into an agreement dated August 9, 1961, whereby the State agreed to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the National System of Interstate and Defense Highways in accordance with the provisions of Section 131 of title 23, United States Code, and the national standards as in effect on June 30, 1965; and
*WHEREAS, Section 131(j) of title 23, United States Code, provides that a State shall be entitled to receive the bonus payments as set forth in the agreement provided the State maintains the control required under such agreement or the control required by the section whichever control is stricter; and
WHEREAS, the State of Vermont elects to implement and carry out the stricter provisions in order to remain eligible to receive payment of the one-half of one percent increase in the Federal share payable on account of any project on the Interstate System within the State.
NOW THEREFORE, the parties hereto do mutually agree as follows:
This agreement shall apply to all commercial or industrial zones within the boundaries of incorporated municipalities, as those boundaries existed on September 21, 1959, and all other areas where the land use as of September 21, 1959, was clearly established by State law as industrial or commercial within 750 feet of the nearest edge of the right-of-way of all portions of the Interstate System within the State of Vermont in which outdoor advertising signs, displays, and devices may be visible from the main traveled way of said system. This agreement shall also apply to all zoned and unzoned commercial and industrial areas within 750 feet of the nearest edge of the right-of-way of all portions of the primary system within the State of Vermont in which outdoor advertising signs, displays, and devices may be visible from the main traveled way of said system.
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 in accordance with the following criteria:
General. The following signs shall not be permitted:
Size of Signs
Spacing of Signs
Signs may be illuminated, subject to the following restrictions:
E. The standards in Sections III B and III C2 shall apply only to signs erected subsequent to the effective date of this Agreement.
The provisions contained herein shall constitute the minimum acceptable standards for effective control of signs, displays, and devices within the scope of this Agreement.
Nothing contained herein shall be construed to abrogate or prohibit the State from exercising a greater degree of control of outdoor advertising than that required or contemplated by the Act or from adopting standards which are more restrictive in controlling outdoor advertising than the provisions of this Agreement.
This Agreement shall become effective when signed and executed on behalf of both the State and the Administrator. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
June 28, 1967.