§ 88 — Control of outdoor advertising

New York § 88

• Jurisdiction: New York
• Law HAY: Highway
• Art. 4: Improvement With Federal Aid

Text

§ 88. Control of outdoor advertising. 1. Definitions. As used in this\nsection:\n (a) "Interstate highway system" means that portion of the national\nsystem of interstate and defense highways located within this state, as\nofficially designated, or as may hereafter be so designated, by the\ncommissioner of transportation, and approved by the secretary of\ncommerce or the secretary of transportation of the United States\npursuant to the provisions of title twenty-three of the United States\ncode, as amended.\n (b) "Primary highway system" means that portion of connected main\nhighways, as officially designated, or as may hereafter be so\ndesignated, by the commissioner of transportation, and approved by the\nsecretary of commerce or the secretary of transportation of the United\nStates pursuant to the provisions of title twenty-three of the United\nStates code, as amended.\n (c) "Safety rest area" means an area or site established and\nmaintained within or adjacent to the highway right of way by or under\npublic supervision or control, for the convenience of the travelling\npublic.\n (d) "Information center" means an area or site established and\nmaintained at a roadside rest area for the purpose of informing the\npublic of places of interest within the state and providing such other\ninformation as the commissioner of transportation may consider\ndesirable.\n 2. The commissioner of transportation is hereby authorized and\ndirected to immediately implement the following program for the\neffective control of the erection and maintenance of outdoor advertising\nsigns, displays and devices within six hundred sixty feet of the nearest\nedge of the right of way and visible from the main traveled way of the\ninterstate and primary highway systems and, notwithstanding the\nprovisions of subdivisions seven, eleven, and twelve of this section,\nfor the effective control of the erection and maintenance along the\ninterstate and primary highway systems of those additional outdoor\nadvertising signs, displays and devices which are more than six hundred\nand sixty feet from the nearest edge of the right-of-way located outside\nof urban areas, as defined by federal statute, rule or regulation for\nthe purposes of section one hundred thirty-one of title twenty-three of\nthe United States code, visible from the main traveled way of the\ninterstate and primary highway systems and erected with the purpose of\ntheir message being read from such main traveled way. Effective control\nmeans that such signs, displays and devices shall, pursuant to such\nprogram, be limited to (a) directional and other official signs and\nnotices which are required or authorized by law and which shall conform\nto the national standards promulgated by the secretary of transportation\nof the United States pursuant to section one hundred thirty-one of title\ntwenty-three of the United States code, as amended, (b) signs, displays\nand devices advertising the sale or lease of property upon which they\nare located, (c) signs, displays and devices advertising activities\nconducted on the property on which they are located, (d) signs, displays\nand devices located in areas within six hundred sixty feet of the\nnearest edge of the right of way which are zoned industrial or\ncommercial under authority of state law and which are permitted or\nauthorized pursuant to this section or the agreement ratified and\napproved by this section, (e) signs, displays and devices which are\npermitted or authorized pursuant to this section or the agreement\nratified and approved by this section and are located in unzoned\ncommercial or industrial areas within six hundred sixty feet of the\nnearest edge of the right of way which areas shall be determined from\nactual land uses in conformance with the agreement ratified and approved\nby this section, (f) signs lawfully in existence on October\ntwenty-second, nineteen hundred sixty-five, determined by the\ncommissioner with the approval of the secretary of transportation of the\nUnited States, to be landmark signs, including signs on farm structures\nor natural surfaces of historic or artistic significance, the\npreservation of which would be consistent with the purposes of this\nsection and with the purposes of the federal "Highway Beautification Act\nof 1965", and any acts amendatory thereto, and (g) any other signs,\ndisplays and devices permitted or authorized pursuant to this section.\nProvided that, nothing in this section shall be construed to prohibit\nthe erection or maintenance of outdoor advertising signs, displays and\ndevices which include the steady illumination of sign faces, panels or\nslats that rotate or change to different messages in a fixed position,\ncommonly known and referred to as changeable or multiple message signs,\nprovided the change of one sign face to another is not more frequent\nthan once every six seconds and the actual change process is\naccomplished in three seconds or less, when such signs, displays and\ndevices are permitted or authorized pursuant to this section and by the\nagreement ratified and approved by this section.\n 3. The agreement entered into between the commissioner of\ntransportation and the secretary of transportation of the United States\ndated May thirteenth, nineteen hundred sixty-eight regarding the size,\nlighting and spacing of signs, displays and devices which may be erected\nand maintained within six hundred and sixty feet of the nearest edge of\nthe right-of-way within areas adjacent to the interstate and primary\nhighway systems which are zoned industrial or commercial under authority\nof state law, or in such other unzoned industrial or commercial areas as\nmay be permitted pursuant to the terms of such agreement is hereby\nratified and approved. With respect to the certification permitted under\nsubsection A of article four of the said agreement, the commissioner of\ntransportation shall make such a certification within thirty days after\nit is shown to his reasonable satisfaction that there are regulations\nwhich are enforced with respect to the size, lighting and spacing of\noutdoor advertising signs, displays and devices within the meaning of\nthe agreement. The action of the commissioner of transportation with\nrespect to such a certification shall be reviewable under article\nseventy-eight of the civil practice law and rules by the supreme court\nwhich shall have jurisdiction of the proceedings and the power to grant\nsuch relief as it deems just and proper.\n 4. The commissioner of transportation may agree with the secretary of\ntransportation of the United States to provide for the establishment of\ninformation centers at safety rest areas. The commissioner of\ntransportation is hereby directed to negotiate with such secretary of\ntransportation in order to permit signs, within the areas controlled by\nthe provisions of this section, which relate to public and private\nnatural wonders, scenic and historical attractions and other information\nconcerning outdoor recreation, places for camping, lodging, eating and\nvehicle service and repair deemed to be of specific interest to the\ntravelling public. Any of the above types of signs referred to in this\nsubdivision which do not violate the provisions of the federal "Highway\nBeautification Act of 1965", and any acts amendatory thereto, and which\nconform to the national standards promulgated by the secretary of\ntransportation of the United States pursuant to section one hundred\nthirty-one of title twenty-three of the United States code, as amended,\nare hereby authorized to be erected and maintained in the state of New\nYork subject to registration with the commissioner of transportation\npursuant to subdivision five of this section.\n 5. The commissioner of transportation is hereby authorized to control\nthe erection and maintenance of outdoor advertising signs, displays and\ndevices along the interstate and primary highway systems in conformance\nwith the terms of this section and in conformity with the agreement\nratified and approved by this section and the national standards\npromulgated by the secretary of transportation of the United States\npursuant to subdivision (c) of section one hundred thirty-one of title\ntwenty-three of the United States code as amended. The commissioner of\ntransportation may provide for a system of registration of outdoor\nadvertising signs, displays and devices which comply with the terms of\nthe agreement, ratified and approved by this section, with the secretary\nof transportation of the United States. No registration shall be\nrequired for signs, displays and devices advertising the sale or lease\nof property upon which they are located and signs, displays and devices\nadvertising activities conducted on the property on which they are\nlocated.\n 6. Notwithstanding the provisions of subdivision two hereof, any\noutdoor advertising sign, display or device lawfully in existence along\nthe interstate and primary highway systems on September first, nineteen\nhundred sixty-five, which is not permitted or authorized pursuant to the\nprovisions contained herein may continue to be maintained until July\nfirst, nineteen hundred seventy and shall not be replaced or relocated\nalong the interstate and primary highway systems except in those areas\nauthorized pursuant to this section or areas authorized under the terms\nof the agreement ratified and approved by this section. Notwithstanding\nthe provisions of subdivision two hereof, any other outdoor advertising\nsign, display or device lawfully erected which is not permitted or\nauthorized pursuant to this section of the agreement ratified and\napproved by this section may continue to be maintained until the end of\nthe fifth year after it becomes nonconforming pursuant to this section\nor under the terms of the agreement ratified and approved by this\nsection, unless an earlier removal is required in order for the state to\ncomply with the federal "Highway Beautification Act of 1965", as amended\nand shall not be replaced or relocated along the interstate and primary\nhighway systems except in those areas authorized pursuant to this\nsection or areas which are permitted under the terms of the agreement\nratified and approved by this section.\n 7. The commissioner of transportation is hereby authorized to acquire\nthe necessary rights in and to property and is directed to pay\ncompensation therefor, in the same manner as other property is acquired\nfor state highway purposes pursuant to this chapter and is further\ndirected to provide equivalent directional information, as provided in\nsubdivision eleven of this section, with respect to outdoor advertising\nsigns, displays and devices which are not permitted or authorized\npursuant to this section or with the terms of the agreement ratified and\napproved by this section and which were lawfully erected under state\nlaw. Such compensation is authorized to be paid only for the following:\n(a) the taking from the owner of such sign, display or device of all\nright, title, leasehold and interest in such sign, display or device,\nand (b) the taking from the owner of the real property on which such\nsign, display or device is located, of the right to erect and maintain\nsuch signs, displays and devices thereon. The term "property" as used in\nthis section is defined to include lands, waters, rights in land or\nwaters, structures, franchises, and interest in land, including lands\nunder water and riparian rights and any and all other things and rights\nusually included within the said term and includes also any and all\ninterests in such property less than full title, such as easements,\npermanent or temporary, rights-of-way, uses, leases, licenses and all\nother incorporeal hereditaments and every estate, interest or right,\nlegal or equitable. Notwithstanding the provisions of subdivision two\nhereof, no rights in and to property shall be acquired with respect to\nany outdoor advertising sign, display or device except to the extent\nthat federal funds authorized to be appropriated pursuant to the federal\n"Highway Beautification Act of 1965", as amended, to reimburse the state\nfor seventy-five per centum of the cost thereof, are in fact\nappropriated and allocated to the state for that purpose. Further,\nnotwithstanding the provisions of this section or any other general,\nspecial or local law, no outdoor advertising sign for which compensation\nmust be paid pursuant to this subdivision, nor any outdoor advertising\nsign in a commercial or industrial zone or area which is controlled\npursuant to this section, shall be removed, or required to be removed,\nby the state or any agency thereof or any municipal corporation or\nsubdivision, without the payment of such compensation in accordance with\nthe provisions of article five of the eminent domain procedure law,\nprovided, however, that this prohibition shall not apply to any city\nhaving a population of one million or more.\n 8. Any outdoor advertising sign, display or device erected or\nmaintained in violation of this section, or of the terms of the\nagreement ratified and approved by this section, is hereby declared to\nbe, and is a public nuisance. The commissioner of transportation shall\ngive thirty days' notice, by registered or certified mail, to the owner\nof the property on which such advertising sign, display or device is\nlocated and to the owner of such advertising sign, display or device, to\nremove the same if it is a prohibited sign, display or device or to\ncause it to conform to the requirements of this section or the terms of\nthe agreement ratified and approved by this section or the national\nstandards if it is an authorized or permitted sign, display or device.\nIf the owner of the property or the owner of the advertising sign,\ndisplay or device fails to act within thirty days as required in the\nnotice, the commissioner of transportation or his duly authorized agent\nshall cause the removal of such advertising sign, display or device at\nthe expense of the owner of the property or the owner of the advertising\nsign, display or device, except that the state shall pay the expense of\nremoving any advertising sign, display or device which was lawfully\nerected on the date of enactment of this section which becomes\nnon-conforming under the terms of this section or the agreement ratified\nand approved by this section.\n 9. Nothing in this section shall be construed to abrogate or affect\nthe provisions of any other statute, lawful ordinance, regulation\npursuant thereto or resolutions which are more restrictive than the\nprovisions of this section or the agreement ratified and approved by\nthis section.\n 10. In order to provide information in the specific interest of the\ntravelling public, the commissioner of transportation is hereby\nauthorized to maintain maps and to permit informational directories and\ncommercial advertising pamphlets to be made available at safety rest\nareas, and to construct and maintain or permit the construction and/or\nmaintenance of information centers at safety rest areas for the purpose\nof informing the public of places of interest within the state and\nproviding such other information as he may consider desirable. In the\nevent that such an information center is to be constructed and/or\nmaintained by a person, firm, corporation, municipality or state\ndepartment or agency, other than the department of transportation, the\ncommissioner of transportation is authorized to enter into a lease for a\nterm of years or memorandum of understanding, on terms which he deems\nappropriate, regarding the construction and/or maintenance of such\ninformation center. The commissioner of transportation shall use the\nfederal cost-sharing provisions of section 131(i) of title 23, United\nStates Code to the fullest extent practicable in implementing such\ntravel information programs.\n 11. The commissioner is directed to conduct an economic study to\nidentify those areas within the state which would suffer substantial\neconomic hardship upon the removal of advertising signs, displays, or\ndevices which provide directional information about goods and services\nin the interest of the travelling public, were legally erected under\nstate law, and are subject to control under subdivision seven of this\nsection. Pending completion of such economic study, the commissioner is\ndirected to provide for the immediate removal of signs which were\nunlawfully erected under state law, and is further directed to develop\nan aesthetically pleasing official business directional sign program\nproviding directional information to the travelling public in a manner\nsubstantially equivalent to that now provided by advertising signs,\ndisplays, or devices, pursuant to subdivision twelve of this section.\nUpon completion of such economic study and consequent identification of\nthose areas within the state which would suffer substantial economic\nhardship upon the removal of advertising signs, displays, or devices\nwhich provide directional information about goods and services in the\ninterest of the travelling public, the commissioner shall request the\nsecretary of transportation of the United States to permit the retention\nof such advertising signs, displays, or devices in those areas\nidentified as suffering substantial economic hardship. Except as\notherwise provided in this section, the commissioner is hereby directed\nto assure that any official business sign program be implemented with\ndue consideration of the findings of the economic study identifying\nareas potentially subject to substantial economic hardship.\n 12. The commissioner of transportation shall develop and implement,\nafter required federal approval, an official business directional sign\nprogram to provide directional information regarding businesses which\nprovide goods and services to the traveling public. Fees charged to\nparticipating businesses will be such as to make the program\nself-sustaining within two years of implementation. The program shall\nutilize official signs erected in the right-of-way of the primary\nhighway system. Such official signs shall meet the standards prescribed\nby the commissioner of transportation and the secretary of\ntransportation of the United States and shall contain thereon, as a\nminimum, the business name or trademark, a general service logogram and\ndirectional information. The official business directional sign program\nshall be integrated with, but not limited by, information centers\nprovided for in subdivision ten of this section to maximize the\ninformation made available in the specific interest of the traveling\npublic. Guidelines for business eligibility and placement of official\nsigns shall be promulgated by the commissioner of transportation after\npublic hearing and federal approval. Such guidelines shall include\nprovision for substantially equivalent directional information upon the\nremoval of advertising signs, displays or devices providing directional\ninformation. Such guidelines shall provide that priority for\nparticipation in the program be given to those businesses offering goods\nand services in the interest of the traveling public (a) which are\nprimarily local or regional in nature and which would have the least\nability to adopt alternative directional information media, or (b) which\nutilized directional advertising signs, displays and devices legally\nerected under state law. The traffic generated by a specific business\nshall be a secondary consideration in determining priority of\nparticipation in the program. The specific implementation of such\nguidelines shall be made with the advice of travel information council\npursuant to subdivision thirteen of this section. The commissioner shall\nseek to speed federal approval of the official business directional sign\nprogram.\n 13. All fees collected by the commissioner pursuant to this section\nshall be deposited by the comptroller into the special obligation\nreserve and payment account of the dedicated highway and bridge trust\nfund established pursuant to section eighty-nine-b of the state finance\nlaw.\n