§ 75-15-111 — Outdoor Advertising Prohibited In Proximity To Highway -- Exceptions

Montana § 75-15-111

• Jurisdiction: Montana
• Title 75: ENVIRONMENTAL PROTECTION
• Ch. 15: LANDSCAPE MANAGEMENT
• Part 1: Outdoor Advertising

Text

75-15-111 . Outdoor advertising prohibited in proximity to highway -- exceptions. (1) Outdoor advertising may not be erected or maintained that is within 660 feet of the nearest edge of the right-of-way and that is visible from any place on the main-traveled way of an interstate or primary system, except:
(a) directional and other official signs and notices, which signs and notices include but are not limited to signs and notices pertaining to natural wonders and scenic and historical attractions, as authorized or required by law;
(b) signs, displays, and devices advertising the sale or lease of property upon which they are located;
(c) signs, displays, and devices advertising activities conducted on the property upon which they are located;
(d) signs, displays, and devices located in areas that are zoned industrial or commercial by a bona fide state, county, or local zoning authority;
(e) signs, displays, and devices located in unzoned commercial or industrial areas, which areas must be determined from actual land uses and by agreement between the department and the secretary and defined by rules adopted by the commission. The exception granted by this subsection is limited to two signs and may not apply to signs, displays, and devices located within an unzoned area in which the commercial or industrial activity used in defining the area has ceased for a period of 9 months.
(f) signs or displays advertising the cultural exhibits of nonprofit historical or arts organizations if the signs or displays conform with the standards provided in Title 23, Code of Federal Regulations, section 750, subpart B; or
(g) signs that are consistent with the policy of this state and with the national policy set forth in 23 U.S.C. 131 and the regulations promulgated under 23 U.S.C. 131 and that are designed to provide information in the specific interest of the traveling public as provided in 60-5-504 , 60-5-505 , 60-5-511 through 60-5-513 , and 60-5-519 through 60-5-521 .
(2) Outdoor advertising authorized under subsections (1)(a), (1)(d), and (1)(e) must conform with standards contained in and must bear permits required in rules that are adopted by the commission and this part.
(3) Outdoor advertising may not be erected or maintained beyond 660 feet of the nearest edge of the right-of-way of an interstate or primary highway outside of an urban area if the outdoor advertising is or was erected with the purpose of its message being read from the main-traveled way and visible from the main-traveled way unless the outdoor advertising meets the criteria of subsections (1)(a), (1)(b), or (1)(c). If the outdoor advertising meets that criteria, it must conform with standards contained in rules that are adopted by the commission and with this part.
(4) An outdoor advertising structure in an unzoned commercial or industrial area that is lawfully in existence on April 21, 1995, that meets the size requirements in 75-15-113 , but that exceeds the restrictions in subsection (1)(e) of this section:
(a) must be classified as nonconforming by the department;
(b) may not be increased in size;
(c) may be maintained each year if the value of the materials used in the maintenance does not exceed 75% of the value of all of the materials required to replace the sign new; and
(d) may be replaced, if damaged, at up to and including 100% of its replacement cost.

Legislative History

En. Sec. 3, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 160, Ch. 316, L. 1974; amd. Sec. 2, Ch. 216, L. 1975; R.C.M. 1947, 32-4717; amd. Sec. 1, Ch. 497, L. 1981; amd. Sec. 19, Ch. 537, L. 1989; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 3, Ch. 510, L. 1995.