603 KAR 4:045. Cultural and recreational supplemental guide signs and boundary signs.

 

      RELATES TO: KRS 189.010(4), 189.337, 23 C.F.R. 1.23, 23 U.S.C. 162

      STATUTORY AUTHORITY: KRS 189.337(2), 23 U.S.C. 162

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.337(2) requires the Transportation Cabinet to promulgate standards and specifications for the uniform system of traffic control devices. This administrative regulation sets forth standards to be used in the erection and maintenance of cultural and recreational supplemental guide signs.

 

      Section 1. Definitions. (1) "Adventure tourism" means an activity designed for participatory outdoor recreational activities that involves at least two (2) of the following:

      (a) Outdoor physical activity such as horseback riding, kayaking, spelunking, bicycling, and hunting;

      (b) A cultural or recreational outdoor activity; or

      (c) Engagement with nature such as wildlife viewing and nature study.

      (2) "Clear zone" means the area between the edge of the driving-lane of a public road and an imaginary line running parallel to the road a certain distance from the edge of the traveled way as specified by the AASHTO Roadside Design Guide.

      (3) "Cover" means a protective shield over a cultural and recreational supplemental guide sign which prohibits viewing of the sign.

      (4) "Cultural and recreational supplemental guide sign " means an official sign placed within the highway right-of-way with one (1) attraction message.

      (5) "Cultural or recreational" means a public or private activity that provides to the traveling public a tourist attraction or a cultural, historical, recreational, agricultural, educational, or entertainment activity.

      (6) "Eligibility distance" means the distance from the location of the entrance driveway of the activity to the point where the information panel is located.

      (7) "Illegal sign" means an advertising device that has been determined by the Transportation Cabinet to be illegal as established in 603 KAR 3:080.

      (8) "Information panel" means one (1) to a maximum of four (4) cultural and recreational guide signs.

      (9) "Intersection" is defined by KRS 189.010(4).

      (10) "Interstate or parkway" means a highway that has fully-controlled access and is part of the National Interstate and Defense System of Highways or is now, or once was, a toll road.

      (11) "MUTCD" means the Federal Highway Administration's Manual on Uniform Traffic Control Devices incorporated by reference in 603 KAR 5:050.

      (12) "Pictograph" means a pictorial representation used to identify a governmental jurisdiction, a governmental agency, a military base or branch of service, a government approved university or college, a toll payment system, or a government approved institution. For purposes of this administrative regulation only, a "pictograph" is an official symbol adopted by a state or federal governmental agency to designate an activity of cultural, recreational, or historic interest that is be placed on the opposite side from the directional arrow on a cultural and recreational sign.

      (13) "Public road" means a state-maintained road other than an interstate or parkway.

      (14) "Ramp" means the on- or off-access road from an interstate highway or parkway to or from the first public road.

      (15) "Temporary agritourism site" means a seasonal, agricultural-related tourism activity held on a working farm.

      (16) "Trailblazing" means to provide directional guidance to a particular cultural or recreational site from other highways in the vicinity.

      (17) "Themed trail" means any roadway where a significant portion of the roadway that has a beginning and ending point and contains sites providing interconnected experiences of a historic, cultural, or educational nature, follows the route directly correlated to the historic, cultural or educational events or activities and includes historic, cultural, or educational sites that are consistent with the theme of the trail.

      (18) "Trail site" means a beginning, ending, or access point adjacent to a primary or secondary roadway providing access to opportunities for off-road activities that are pertinent to nonmotorized and motorized vehicle use, including access to pedestrians, bicycles, mountain bicycles, boats, horses, all-terrain vehicles (ATVs), or off-highway vehicles (OHVs), on designated lands and waters in Kentucky.

 

      Section 2. General Provisions. The Department of Highways shall control the erection and maintenance of cultural and recreational supplemental guide signs in accordance with the MUTCD and this administrative regulation.

 

      Section 3. Applications and Contracts for Cultural and Recreational Supplemental Guide Signs. (1) An applicant shall submit the appropriate forms from the Cultural and Recreational Forms Packet that includes Tourist Signage Program Application, TC Form 99-201; Temporary Agritourism Site Application, TC Form 99-202; Attraction Eligibility Information, Form TC 99-203; Signing Incentives Program Application, TC Form 99-204; and Encroachment Permit, TC Form 99-1E, to the Transportation Cabinet, Division of Maintenance for the following supplemental guide signs:

      (a) Cultural and recreational;

      (b) Themed trail; or

      (c) Adventure tourism; and

      (d) Temporary agritourism Shall submit the appropriate forms from the Cultural and Recreational Forms Packet that includes Tourist Signage Program Application, TC Form 99-201; Temporary Agritourism Site Application, TC Form 99-202; Attraction Eligibility Information, Form TC 99-203; Signing Incentives Program Application, TC Form 99-204; and Encroachment Permit, TC Form 99-1E, to the Transportation Cabinet, Division of Maintenance.

      (2) The Division of Maintenance shall submit the completed forms from the Cultural and Recreational forms packet to the Transportation-Tourism Interagency Committee for review and approval or denial.

      (3) An application for a pictograph shall be reviewed by the Division of Maintenance Permits Branch and the Director of Adventure Tourism for the Tourism Arts and Heritage Cabinet who shall each make a recommendation to approve or deny the application to the Transportation-Tourism Interagency Committee.

      (4) An application for temporary agritourism sites shall be approved or denied by the Kentucky Department of Agriculture pursuant to 302 KAR 39:010.

 

      Section 4. Information Panels for Cultural and Recreational Supplemental Guide Signs. (1) General requirements for information panels.

      (a) The information panels shall be located to:

      1. Take advantage of natural terrain;

      2. Have the least impact on the scenic environment; and

      3. Avoid visual conflict with other signs within the highway right-of-way.

      (b) Information panels for cultural and recreational supplemental guide signs shall not be erected:

      1. On interstates or parkways;

      2. On the on ramp or off ramp of an interstate or parkway except in conjunction with Limited Supplemental Guide Signs;

      3. Where there is insufficient space to locate both other traffic control devices and the information panels; or

      4. So that the traffic is directed onto an interstate or parkway.

      (c) Unprotected information panel supports located within the clear zone shall be of a breakaway design.

      (d) An information panel may be located laterally outside the normal longitudinal alignment of other traffic control signs, but shall be erected within the highway right-of-way.

      (e) The location of any other traffic control device shall at all times take precedence over the location of an information panel.

      (f) A cultural and recreational activity shall have trailblazing from the source to the activity or destination.

      (2) Intersection approach information panels.

      (a) An information panel shall be placed on the approach to an intersection on a public road.

      (b) Except as provided in paragraph (g) of this subsection, each intersection approach information panel shall be located at least 200 feet from the intersection.

      (c) Except as provided in paragraph (g) of this subsection, an intersection approach information panel shall be spaced at least 200 feet from any other traffic control device including another intersection approach information panel.

      (d) A separate information panel shall be installed for each of the directions of traffic on an approach to an intersection at which a cultural and recreational supplemental guide sign will be placed for the identification of a cultural and recreational activity. The directions of traffic and the order of placement for separate information panels shall be the following:

      1. A left turn;

      2. A right turn; and

      3. No turn, if the activity or attraction is located ahead and if allowed by the provisions established in Section 6 of this administrative regulation.

      (e) If the "AHEAD" legend is used pursuant to the provisions of Section 6 of this administrative regulation, an attempt shall be made to locate it to the far right corner of the intersection, but it shall not obstruct the driver's critical viewing of other traffic control devices.

      (f) The spacing requirements established in paragraphs (b) and (c) of this subsection may be waived by the State Highway Engineer's Office if, based on sound engineering judgment, it is determined that the intersection can safely accommodate the reduced spacing.

 

      Section 5. Cultural and Recreational Supplemental Guide Sign Design and Composition. (1) Each cultural and recreational supplemental guide sign shall:

      (a) Be rectangular in shape;

      (b) Have a white legend and border on a brown background;

      (c) Have reflective legends, arrows, backgrounds, and borders; and

      (d) Contain the name of the attraction in not more than two (2) lines of legend that shall not include promotional advertising.

      (2) Each cultural and recreational supplemental guide sign on an intersection approach information panel shall have:

      (a) A separate directional arrow as set forth in Section 2D-8 of the MUTCD;

      (b) Arrows pointing to the right at the extreme right of the cultural and recreational supplemental guide sign; and

      (c) Arrows pointing to the left or up at the extreme left of the cultural and recreational supplemental guide sign.

      (3) A cultural and recreational supplemental guide sign may have the distance to an activity or attraction depicted beneath the arrow.

      (4) Advance information panels.

      (a) Advance information panels shall be installed only in situations where sight distance, intersection vehicle maneuvers, or other vehicle operation characteristics require advance notification of the attraction to reduce vehicle conflicts and improve highway safety.

      (b) The last of the advance information panels to be driven past shall be located at least one-half (1/2) mile (eight-tenths (0.8) kilometers) from the intersection.

      (c) The arrangement of the cultural and recreational supplemental guide signs on the advance information panel shall be the same as the arrangement on the intersection information panel except the directional arrows and distance shall be omitted.

      (d) The appropriate legend "NEXT RIGHT", "NEXT LEFT", or "AHEAD" in letters of the same size as legends shall be placed on the cultural and recreational supplemental guide sign.

      (e) The legend "RIGHT X MILE", "LEFT X KILOMETERS", or similarly worded legend may be used if there are intervening minor roads.

      (5) There shall not be more than four (4) cultural and recreational supplemental guide signs installed on a single information panel.

      (6)(a) Cultural and recreational supplemental guide signs shall be arranged vertically on the information panels.

      (b) An information panel shall be located so that the right turn signs are closer to the intersection. If no more than four (4) cultural and recreational supplemental guide signs are to be installed on an intersection approach information panel, the cultural and recreational supplemental guide signs may be combined on the same information panel with the cultural and recreational supplemental guide sign for left turns placed above the cultural and recreational supplemental guide signs for right turns.

      (7) The standard lettering for cultural and recreational supplemental guide signs shall be capital letters, six (6) inches in height of the type provided in The Standard Alphabets for Traffic Control Devices.

      (8)(a) A cultural and recreational supplemental guide sign shall not exceed seventy-two (72) inches wide and eighteen (18) inches tall.

      (b) The cultural and recreational supplemental guide signs on the same information panel shall all be the same width.

      (c) The directional arrow with the distance to the activity or attraction underneath shall not exceed twelve (12) inches wide and sixteen (16) inches tall.

      (d) There shall be a one (1) inch white border surrounding the sign and separating the directional arrow and legend.

      (e) There shall be a one (1) inch spacing between the border and legend and two (2) inch spacing between lines of legend.

      (f) The maximum length of the legend shall be five (5) feet and four (4) inches per line.

      (g) In areas of reduced speeds or forty-five (45) mph or less the size of the cultural and recreational supplemental guide signs and lettering shall be set by the State Highway Engineer's Office, considering the location and terrain of the area as based on sound engineering judgment.

      (9) Clearance of panels should be governed by Sections 2A and 2D of the MUTCD.

 

      Section 6. Ahead Signing. (1) The legend "AHEAD" may be used in lieu of the up directional arrow as established in Section 5(2)(d) of this administrative regulation.

      (2) Signing for cultural and recreational activities in the "AHEAD" direction shall be considered only under the following circumstances:

      (a) There is signing for a similar facility in either the right or left direction;

      (b) Through traffic is not the normal traffic pattern; or

      (c) The visibility of the establishment is obscured until a motorist is within 800 feet of the entrance.

 

      Section 7. Cultural and Recreational Activity Eligibility. A cultural and recreational activity shall meet the following requirements to qualify for cultural and recreational signing. A cultural and recreational supplemental guide sign shall not be erected until the activity or site has been approved in accordance with this administrative regulation.

      (1) The activity shall be open to the general public during regular and reasonable hours, and not by appointment or reservation only.

      (2) Approval shall not be granted if the cultural and recreational activity is using an illegal sign at a location in the Commonwealth of Kentucky.

      (3) The activity shall be conducted in an appropriate building or area.

      (a) The activity shall not be conducted in a building principally used as a residence unless there is a convenient, separate and well-marked entrance or the cultural and recreational activity is a bed and breakfast lodging.

      (b) The building or area shall be maintained in a manner consistent with standards generally accepted for that type of attraction or activity.

      (4)(a) An activity that operates on a seasonal basis or is closed in excess of thirty (30) days shall make provisions to remove or cover the activity's sign during the off season.

      (b) The Transportation Cabinet shall be notified at least thirty (30) days before the opening or closing occurs.

      (5) A cultural and recreational supplemental guide sign shall not be displayed if it may misinform the traveling public or is unsightly, badly faded, or in a state of dilapidation. In these instances, the attraction shall make arrangements for a new cultural and recreational sign.

      (6) The Transportation Cabinet shall not be responsible for business lost due to cultural and recreational guide signs or information panels that are temporarily out of service.

      (7) The display of the activity on the cultural and recreational supplemental guide sign shall not be considered an endorsement or recommendation by the Commonwealth of Kentucky on behalf of the cultural and recreational activity.

      (8) Except as provided in subsection (9) of this section, to qualify for a cultural and recreational supplemental guide sign, an attraction or activity shall:

      (a)1. Be open a minimum of eight (8) hours a day, five (5) days a week, one (1) of which is a weekend, any time the sign is displayed or receives a waiver from the Transportation-Tourism Interagency Committee using the criteria for the Cultural Heritage Site Certification Program.

      2. Temporary agritourism sites shall be open a minimum of six (6) hours a day, five (5) days a week, one (1) of which is a weekend;

      (b) Have adequate parking on site or nearby for the facility;

      (c) Meet the criteria established in the Cultural Heritage Site Certification Program if it is a permanent activity and a cultural heritage certified site;

      (d) Be listed on or eligible for listing on the National Register of Historic Places if the cultural and recreational activity is an historic site; and

      (e)1. Have an eligibility distance of twenty (20) miles or less from a major roadway.

      2. If there is a corresponding limited supplemental guide sign, the eligible distance shall be fifty (50) miles or less.

      (9) An Adventure Tourism or Themed Trail Location shall qualify for a cultural and recreational supplemental guide sign if:

      (a) The attraction is open for public use during daylight hours;

      (b) The site or trail is clearly identified;

      (c) The rules for public use are prominently displayed or available on site;

      (d) There is adequate parking and sufficient space for loading and unloading; and

      (e)1. The site is located twenty (20) miles or less from a major roadway.

      2. If there is a corresponding limited supplemental guide sign, the eligible distance shall be fifty (50) miles or less.

 

      Section 8. Changes. A change to the original approved permit application as it relates to the location or approved activities shall be sent to the Division of Maintenance Permits Branch for review.

 

      Section 9. Measurements. Measurements taken to determine the qualification for a cultural and recreational supplemental guide sign shall be measured from the center line of all highways. This measure shall be from the entrance driveway of the activity to the point where the directional signs are located.

 

      Section 10. Agritourism. (1) Advertising devices for temporary agritourism sites approved by the Kentucky Department of Agriculture pursuant to 302 KAR 39:010 may be placed off-premise and off the right-of-way on temporary nonbillboards.

      (2) There shall be only one (1) sign erected on a road in each direction of travel.

      (3) The signs may be placed two (2) weeks prior to the start of an event and shall be removed within forty-eight (48) hours after the event is concluded.

 

      Section 11. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "The Roadside Design Guide", 3rd Edition 2006, with updated Chapter 6, AASHTO;

      (b) "Encroachment Permit", TC Form 99-1E, February 2010;

      (c) "Standard Alphabets for Traffic Control Devices", 2004 Edition, U.S. Department of Transportation;

      (d) "Cultural Heritage Site Certification Program", April 2010;

      (e) "Tourist Signage Program Application", TC Form 99-201, May 2009;

      (f) "Temporary Agritourism Site Application", TC Form 99-202, April 2010;

      (g) "Attraction Eligibility Information", TC Form 99-203, May 2009;

      (h) "Signing Incentives Program Application", TC Form 99-204, February 2010.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Department of Highways, Division of Maintenance, 200 Mero Street, Third Floor, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 2237; Am. 2599; 2886; eff. 6-1-1999; 29 Ky.R. 1691; 2304; 2683; eff. 5-15-2003; 33 Ky.R. 3042; 4162; eff. 7-6-2007; 36 Ky.R. 2124-M; 2184; eff. 6-4-2010.)