Margaret Lloyd Vice Chair Board of Directors. NAHBA April 28, 2014

Similar documents
CUSTOMARY USE. William D. Brinton Rogers Towers, P.A Riverplace Blvd., Ste Jacksonville, Florida

AGREEMENT FOR CONTROL OF OUTDOOR ADVERTISING INDIANA

What Does FHWA Expect from Me? Dawn Horan, FHWA Office of Real Estate Services

In the Supreme Court of the United States

THIS AGREEMENT made and entered into this

Legal Opinion on the FHWA s Interpretation of 23 CFR (b), Acceptance of State Zoning for Purposes of the Highway Beautification Act

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 581. Short Title: Revisions to Outdoor Advertising Laws. (Public)

OUTDOOR ADVERTISING REGULATIONS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 3 HOUSE BILL 581 Committee Substitute Favorable 5/23/17 Committee Substitute #2 Favorable 6/14/17

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 S 1 SENATE BILL 183. Short Title: Selective Vegetation Removal/State Highways.

MISSOURI REVISED STATUTES RELATING TO BILLBOARDS Purpose of Law.

CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW NO

INDIANA DEPARTMENT OF TRANSPORTATION OUTDOOR ADVERTISING CONTROL MANUAL

ARKANSAS CODE OF 1987 ANNOTATED VOLUME 28B TITLE 27, CH SUBCHAPTER 4 CONTROL OF JUNKYARDS

Ch. 445 OUTDOOR ADVERTISING DEVICES CHAPTER 445. OUTDOOR ADVERTISING DEVICES

IC Chapter 20. Regulation of Billboards and Junkyards

In this chapter, the following definitions apply:

ALABAMA COURT OF CIVIL APPEALS

DISTRICT OF SQUAMISH

ELECTION AND POLITICAL SIGNS

ARTICLE SIGNS AND ILLUMINATION

BYLAW 5948 A BYLAW OF THE CITY OF LETHBRIDGE IN THE PROVINCE OF ALBERTA, TO REGULATE THE USE OF PORTABLE SIGNS IN THE CITY OF LETHBRIDGE

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 817. Short Title: Enact Uniform Law on Adult Guardianship. (Public)

Signs ssssssssssssssssssssssssssssssssssssssss

NC General Statutes - Chapter 35B 1

APPLICATION FOR OFF-PREMISE OUTDOOR ADVERTISING DEVICE PERMIT

5 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Billboards Legislation Chronology ( )

ARTICLE VIII SIGN REGULATIONS

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

ARTICLE 3.11 SIGNS *(24) Division 1. Generally

ELECTION AND POLITICAL SIGNS

US Code (Unofficial compilation from the Legal Information Institute) TITLE 20 - EDUCATION CHAPTER 42 HARRY S TRUMAN MEMORIAL SCHOLARSHIPS

Sign Ordinance 12-1 GENERAL REQUIREMENTS

ORDINANCE NO. 627 POLITICAL SIGNS AND TEMPORARY SIGNS FOR CHURCH AND NON-PROFIT ORGANIZATION EVENTS

Montana Department of Transportation, Outdoor Advertising Control (OAC) Program records,

AND AMENDMENTS THERETO (Bylaw No. 1165)

28 USC 152. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

House Apportionment 2012: States Gaining, Losing, and on the Margin

When used in this Act:

700 CMR: MASSACHUSETTS DEPARTMENT OF TRANSPORTATION. 700 CMR 3.00: CONTROL AND RESTRICTION OF BILLBOARDS, SIGNS AND OTHER ADVERTISING DEVICES Section

Texas Department of Transportation Page 1 of 53 Right of Way SUBCHAPTER K. CONTROL OF SIGNS ALONG RURAL ROADS

CONFLICT ASSESSMENT: FEDERAL OUTDOOR ADVERTISING CONTROL PROGRAM. The Osprey Group P.O. Box 8 Boulder, Colorado 80306

TITLE 18 - Signs and Related Regulations

ORDINANCE NO GRANTING A VARIATION FROM THE BUFFALO GROVE SIGN CODE. Twin Rinks Ice Pavilion 1500 Abbott Court

NO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 18 January Appeal by petitioner from judgment entered 11 January 2010 by

VILLAGE OF CHATHAM, ILLINOIS

CHAPTER 53 UNIFORM ADULT GUARDIANSHIP JURISDICTION

The number of reporters shall be determined by the Judicial Conference of the United States.

Physical Planning CAP

MOMBASA COUNTY GAZETTE SUPPLEMENT

1. These Regulations may be cited as the City of Corner Brook Third Party and Digital Signage Regulations.

NC General Statutes - Chapter 136 Article 12 1

LOWER SAUCON TOWNSHIP NORTHAMPTON COUNTY, PENNSYLVANIA ORDINANCE NO

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

OFF PREMISE SIGN CONTROL ORDINANCE OF MADISON COUNTY, NORTH CAROLINA

PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION Act of Jul. 5, 2012, P.L.

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Additional Sign Permit Information

-1- CITY OF COLWOOD OFFICE CONSOLIDATION TO FEBRUARY 23, 2015 BYLAW NO. 60 COLWOOD SIGN BYLAW, 1988

CITY OF SURREY BY-LAW NO SURREY SIGN BY-LAW,

Upper Hutt City Council Control of Advertising Signs Bylaw 2005

SIGN ORDINANCE NOTICE

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS:

16 USC 460l-5. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Title of Article Declaration of policy Definitions.

700 CMR: MASSACHUSETTS DEPARTMENT OF TRANSPORTATION 700 CMR 3.00: CONTROL AND RESTRICTION OF BILLBOARDS, SIGNS AND OTHER ADVERTISING DEVICES.

1 Applications SIGN PERMIT - APPLICATION GUIDELINES

Public Notice, Consumer and Governmental Affairs Bureau Seeks Further Comment on

Notice N HCFB-1. March 25, Subject: FEDERAL-AID HIGHWAY PROGRAM OBLIGATION AUTHORITY FISCAL YEAR (FY) Classification Code

Congressional Districts of the United States

CHAPTER House Bill No. 273

CITY OF HOLLYWOOD CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT

TITLE 15 COMMERCE AND TRADE. equipment that has been recertified by an authorized

A G E N D A. Saraland Planning Commission. April 10, 2018

Ordinance No. 24 of 2018 died due to a lack of a motion to adopt. Reintroduced as Ordinance No. 34 of Egg Harbor Township. Ordinance No.

THE CORPORATION OF THE CITY OF PORT COQUITLAM BYLAW NO. 2638

ORDINANCE NO Article I. PERMITS AND REVIEW. Section 1.01

Dep't of Buildings v. 67 Greenwich Street, New York County OATH Index No. 1666/09 (Apr. 10, 2009)

16 USC 1a-5. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

This Act may be cited as the ''Federal Advisory Committee Act''. (Pub. L , Sec. 1, Oct. 6, 1972, 86 Stat. 770.)

As used in this Chapter, the following terms shall have these prescribed meanings: BOARD OF ADJUSTMENT: The Board of Adjustment of the Village.

When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title

CUCHARA HERMOSA ARTICLES OF INCORPORATION AND BYLAWS ARTICLES OF INCORPORATION. Article I - Name. Article II - Purpose

COLUMBIA RIVER GORGE COMMISSION. Chapter 350 Division 50. Plan Amendment Process. As Amended through May 1, 2011

U.S. Sentencing Commission Preliminary Crack Retroactivity Data Report Fair Sentencing Act

THE CORPORATION OF THE CITY OF WELLAND. BY-LAW NUMBER '-I fu A BY-LAW TO REGULATE ELECTION SIGNS WITHIN THE CITY OF WELLAND

City of Vernon SIGN BYLAW #4489. Consolidated for Convenience

SIGN BYLAW

CITY OF SURREY BY-LAW NO A by-law to amend Surrey Zoning By-law, 1993, No , as amended....

CITY OF QUESNEL BYLAW NO A Bylaw to regulate the placement and number of political campaign signs.

VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING SIGNS RESTORE SIGN VISIBILITY POLICY (RSVP) REGULATIONS

^eaim^ with ^ striwfor. ««ttionai park. Turns Soft For District ' V ^ n., ^ «WICH a balance. in P»* \ ^ More Surveys, Fewer Answers ^^^y

ORDINANCE NO. 938 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS:

ALPHABETICAL ORDINANCES

Now, therefore be it and it is hereby ordained chapter 152 Outdoor Advertising shall read as follows:

ARLINGTON COUNTY, VIRGINIA

MISCELLANEOUS PROVISIONS

ARTICLE XI SIGN REGULATIONS. (Amended 7 January 2019) INDEX

Transcription:

Margaret Lloyd Vice Chair Board of Directors NAHBA April 28, 2014

The 1965 Highway Beautification Act

PRESIDENTIAL VISION Oct. 22, 1965

2 weeks later---white House Acted Allocated: $6 million to control junkyards and outdoor advertising $60 million for landscaping and scenic enhancements

Congressional Intent in 1965: The purposes of the HBA are set forth in 23 U.S.C. 131(a). To: Protect the public investment in highways; Promote the safety and recreational value of public travel; and Preserve natural beauty.

CONGRESSIONAL MANDATE Section 303: Section 303 of Pub. L. 89 285 mandated the holding of public hearings by the Secretary of Commerce prior to the promulgation of standards, criteria and rules and regulations necessary to carry out this section to be reported to Congress not later than Jan. 10, 1967.

Implementation of Congressional Mandate: Public Hearings Between March 1 and May 10, 1966, public hearings were held in all 50 states plus the District of Columbia and Puerto Rico: 8,000 people attended these hearings 2,000 persons testified 20,000 pages of testimony 40,000 pages of exhibits submitted

July 19, 1966 Report of US Dept of Commerce Bureau of Public Roads, Gen. Counsel Dowell H. Anders: Customary use can only be considered within the overall purposes of the Act.

Implementation: Federal-State Agreements The hearings resulted in determinations of customary use for effective control of spacing, lighting and size. Between June 1967 and May 1972 the Federal Highway Administration negotiates and signs agreements with the states.

Lighting, Size, Spacing Customary use standards (in general): SIZE: public hearings--no greater face size than 750 sq. ft. Most FSAs--1200 sq. ft. SPACING: public hearings--500 ft. for nonurban; for urban, no more than 2 per block with certain distances from intersections. Most FSAs? LIGHTING: Public Hearings & most FSAs: Commercial advertising signs which contain, include, or are illuminated by any flashing, intermittent or moving lights are prohibited.

The Highway Beautification Act 50 years later...

Not Intermittent if... CEVMS do not violate a prohibition against "intermittent" or "flashing" or "moving" lights found in the FSAs, IF the duration of each display is generally between 4 and 10 seconds - 8 seconds is recommended Memo has no reference to the purposes of the HBA, to the word Beautification, or to the congressionally mandated public hearings establishing the prohibition in the first instance. In fact, when defining intermittent, there is not even a reference to the dictionary.

Intermittent: Coming and going at intervals. Under the stated criteria, a 4-8 second message change is not intermittent but a 1, 2, or even a 3.999 second change is intermittent. Enforcement challenges?

Size

Spacing

South Carolina

South Carolina

South Carolina

Destroying Public Property

Congressional Intent Protect the public investment in highways; Promote the safety and recreational value of public travel; and Preserve natural beauty.

Lighting, Size, Spacing Customary use standards (in general): SIZE: public hearings--no greater face size than 750 sq. ft. Most FSAs--1200 sq. ft. SPACING: public hearings--500 ft. for nonurban; for urban, no more than 2 per block with certain distances from intersections. Most FSAs? LIGHTING: Public Hearings & most FSAs: Commercial advertising signs which contain, include, or are illuminated by any flashing, intermittent or moving lights are prohibited.

Congressional Mandate: Customary Use Customary Usually done in a particular situation or at a particular place or time.