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

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

RELATES TO: KRS 177.037, 189.337, 23 C.F.R. Subpart F

STATUTORY AUTHORITY: KRS 177.037, 189.337(2), 23 U.S.C. 162

NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.337(2) and 177.037 authorize the Transportation Cabinet to promulgate standards and specifications for 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 and boundary signs.

Section 1. Definitions. (1) "Boundary" means the official beginning or end of any political subdivision, national scenic byway that is recognized by a state or national publication including but not limited to maps and getaway guides.

(2) "Boundary sign" means a sign placed on or off right-of-way that marks the boundaries of a city, town, community, unincorporated urban place, or national scenic byway and may include events or accomplishments important to that area and may also honor the birthplace of a person important to that area.

(3) "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.

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

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

(6) "Cultural or recreational" means a public or private activity which provides a tourist attraction, cultural or recreational activity to the traveling public.

(7) "Cultural or recreational activity" means a cultural, historical, recreational, agricultural, educational or entertainment activity.

(8) "Department" is defined by KRS 189.010(1).

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

(10) "Illegal sign" means an advertising device which has been determined by the Transportation Cabinet to be illegal according to the provisions of 603 KAR 3:080.

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

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

(13) "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.

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

(15) "Public road" means all state-maintained roads other than interstate and parkways.

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

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

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

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 application for cultural and recreational supplemental guide signs shall be made to the Department of Highways by the city or community preparing the signage program.

(2) An application for temporary agritourism sties shall be approved 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;

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.

(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.

(2) Intersection approach information panels.

(a) Information panels may be erected 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 cultural and recreational supplemental guide signs will be placed for the identification of cultural and recreational activities. The directions of traffic are 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 set forth in Section 6 of this administrative regulation.

(e) In the direction of traffic, the order of placement for separate information panels shall be for facilities to the left, to the right and straight ahead.

(f) 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.

(g) The spacing requirements set forth 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;

(d) Contain the name of the attraction in not more than two (2) lines of legend which 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) The distance to the activity or attraction may be shown beneath the arrow;

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

(3) Advance information panels.

(a) Advance information panels may 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 (.08) 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.

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

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

(6) The standard lettering for cultural and recreational supplemental guide signs shall be in upper case letters of the type provided in "The Standard Alphabets for Highway Signs" book published in 1966 by the U.S. Department of Transportation. Capital letters shall be six (6) inches in height.

(7)(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.

(8) 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 set forth 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

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 any location in the Commonwealth of Kentucky.

(3) Each activity shall comply with all applicable local, state, and federal statutes and administrative regulations including those prohibiting discrimination based on race, religion, color, sex, age, disability, or national origin. Each activity identified on a cultural and recreational supplemental guide sign shall provide assurance of its conformance with all applicable federal, state or local laws and administrative regulations. If a cultural and recreational activity is in noncompliance of any of these laws or administrative regulations, it may be considered ineligible for participation in this program and its signs may be removed.

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

(5) Any activity which 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. The Transportation Cabinet shall be notified at least thirty (30) days before the opening or closing occurs and proper arrangements made to remove or cover the sign or signs.

(6) A cultural and recreational supplemental guide sign shall not be displayed which would 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.

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

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

(9) To qualify for a cultural and recreational supplemental guide sign, an attraction or activity shall:

(a) 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. 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) Meets the criteria set forth in the Cultural Heritage Certified Sites 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) Have an eligibility distance of twenty (20) miles or less. If there is a corresponding limited supplemental guide sign, the eligible distance shall be fifty (50) miles or less.

Section 8. Changes. Any changes to the original approved set of signs as it relates to the location or approved activities shall be permitted by the Transportation Cabinet according to criteria set forth in Section 7 of this administrative regulation.

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. Permits. The city or local community wishing to install cultural and recreational supplemental guide signs shall apply for an encroachment permit pursuant to 603 KAR 5:150 for each information panel proposed to be erected, changed or removed from the state-owned right-of-way.

Section 12. General Provisions for Boundary Signs. (1) Pursuant to KRS 177.037(3), in making its recommendations regarding the location of a boundary sign, the Transportation Cabinet shall recommend that:

(a) Boundary signs may be placed on the right-of-way if the entire sign is located beyond the clear zone; and

(b) Boundary signs shall be located off the right-of-way if insufficient right-of-way exists to provide a safe and convenient travelway for motorists and with permission of the property owner. The Transportation Cabinet shall use the AASHTO publication, "The Roadside Design Guide" to make this determination.

(2) Boundary signs shall not be more than 200 square feet and may include a welcome message in addition to any other message as permitted by KRS 177.037. The appropriate Transportation Cabinet, Department of Highways District Office shall advise the person requesting the sign as to the number and size that will properly fit within the right-of-way as necessary for the subject area.

(3) The Transportation Cabinet shall install these signs upon written request from the official governing body of the city, town, community, unincorporated urban place, or national scenic byway if the recommendations of the Transportation Cabinet, pursuant to subsection (1) of this section, are followed. The Transportation Cabinet shall invoice the appropriate governing body.

(4) If more than one (1) city, town, community, unincorporated urban place, or national scenic byway requests the same general area for a sign or group of signs, the community shall have preference. These signs shall be limited to one (1) per direction of travel per roadway for entering and one per direction of travel per roadway for leaving the area.

(5) Boundary signs for a city or an unincorporated urban place may include sports accomplishments and other events important to the area and may also honor the birthplace of a person important to the area.

(6) Upon completion of installation of a boundary sign, all existing signs that have been placed by the Transportation Cabinet to commemorate a similar message or events shall be removed, at the expense of the city, town, community, unincorporated urban place, or national scenic byway. If a city, town, community, unincorporated urban place, or national scenic byway has placed signs on or off the right-of-way that are similar in nature, they shall be removed or incorporated into the new signs.

Section 13. Incorporation by Reference. (1) The following material is incorporated by reference:

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

(b) TC99-1E " Encroachment Permit", (10/01 Edition), Transportation Cabinet;

(d) Cultural Heritage Certified Sites Program Guide"; and

(e) "Standard Highway Signs", (2004 Edition), U.S. Department of Transportation.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Department of Highways, Division of Traffic Operations, 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.)