§ 43-1-411 — Issuance of permits prohibited - when

(1) No permit shall be
issued for the erection, use, or maintenance of any advertising device which is or
would be:

(a) At a point where it would encroach upon the right-of-way of a public
highway without written approval of the department;

(b) Along the highway within five hundred feet of the center point of an
intersection of such highway at grade with another highway or with a railroad in
such manner as materially to obstruct or reduce the existing view of traffic on the
other highway or railroad trains approaching the intersection and within five
hundred feet of such center point;

(c) Along a highway at any point where it would reduce the existing view of
traffic in either direction or of traffic control or official highway signs to less than
five hundred feet;

(d) Designed, used, or intended to be designed or used to include more than
two advertising panels on an advertising device facing in the same direction.

(2) On or after July 1, 1981, no permit shall be issued for any advertising
device which required a permit under state law prior to July 1, 1981, and for which no
permit was obtained.

(3) No permit shall be issued for any advertising device which simulates any
official, directional, or warning sign erected or maintained by the United States, this
state, or any county or municipality or which involves light simulating or resembling
traffic signals or traffic control signs.

(4) No permit shall be issued for any advertising device nailed, tacked,
posted, or attached in any manner on trees, perennial plants, rocks, or other natural
objects or on fences or fence posts or poles maintained by public utilities.

(5) No permit shall be issued nor any renewal issued for any advertising
device which becomes decayed, insecure, or in danger of falling or otherwise is
unsafe or unsightly by reason of lack of maintenance or repair, or from any other
cause.

(6) No permit shall be issued for any advertising device which does not
conform to size, lighting, and spacing standards as prescribed by rules and
regulations adopted by the department, where such rules and regulations were
adopted prior to the erection of said device.

Legislative History

Source: L. 81: Entire part R&RE, p. 2013, � 1, effective July 1. L. 2001: (1)(d) amended, p. 411, � 2, effective April 19.