TRANSPORTATION CABINET

Department of Highways

Division of Maintenance

(Amended After Comments)

 

      603 KAR 10:010. Static advertising devices.

 

      RELATES TO: KRS 177.572-177.576, 177.830-177.890, 177.990(2), 23 U.S.C. 131, 23 C.F.R. Part 750

      STATUTORY AUTHORITY: KRS 177.860, 23 U.S.C. 131[, 23 C.F.R. Part 750]

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.860 requires the cabinet to promulgate administrative regulations establishing standards for advertising devices. KRS 177.890 authorizes the Commissioner of Highways to enter into agreements with the United States Secretary of Transportation in order to carry out national policy relating to interstate, defense, and federal-aid primary highways within the state. Compliance with the "Highway Beautification Act", 23 U.S.C. 131, conditions retention of additional federal funding on the establishment of controls over the placement of outdoor advertising devices. This administrative regulation establishes the standards for on-premise and off-premise static advertising devices[KRS 177.860 authorizes the Department of Highways to establish reasonable standards for advertising devices on or visible from interstate, parkway, and federal-aid primary highways. KRS 177.867 requires the Department of Highways to pay just compensation for the removal of legally-erected advertising devices that are no longer in compliance with state law or administrative regulation. KRS 177.890 authorizes the Commissioner of Highways to enter into agreements with the United States Secretary of Transportation in order to carry out national policy relating to interstate, defense, and federal-aid primary highways within the state. Compliance with the "Highway Beautification Act", 23 U.S.C. Section 131 is required to receive federal highway funds. Control of outdoor advertising devices adjacent to the national highway system is required by 23 U.S.C. Section 131. 23 U.S.C. Section 131(d) conditions retention of additional federal funding on the establishment of controls over the placement of outdoor advertising devices which are more stringent than required by the general federal mandate. Commonwealth v. G.L.G., Inc., Ky., 937 S.W.2d 709 (1997) ruled that the exemption to the billboard advertising prohibition established by KRS 177.860(4) did not require a commercially or industrially developed area in which the billboard was located be zoned commercial or industrial if the billboard otherwise complied with applicable local zoning ordinances].

 

      Section 1. General Conditions Relating to Static Advertising Devices. (1) The requirements of this section shall apply to a static advertising device that is visible from an interstate, parkway, national highway system, or federal-aid primary highway.

      (2) An off-premise static advertising device upon or within 660 feet of the right-of-way shall be prohibited unless the device:

      (a) Is not visible from the interstate, parkway, national highway system, or federal-aid primary highway; or

      (b) Meets the following:

      1. Complies with county or city zoning ordinances and regulations;

      2. Is located in a commercial or industrial developed area; and

      3. Complies with this administrative regulation.

      (3) An on-premise static advertising device that complies with this administrative regulation may be erected[is allowed]:

      (a) Upon or within 660 feet of the right-of-way of an interstate, parkway, national highway system, or federal-aid primary highway both in and outside of an urban area; or

      (b) Outside of an urban area and beyond 660 feet of the right-of way of an interstate, parkway, national highway system, or federal-aid primary highway; and

      (c) If the device complies with this administrative regulation.

      (4) A static advertising device that is visible from more than one (1) interstate, parkway, national highway system, or federal-aid primary highway shall meet the requirements for each highway independently.

      (5) The erection or existence of a static advertising device shall be prohibited in a protected area if the device:

      (a) Advertises an activity that is prohibited by law;

      (b) Is abandoned or discontinued;

      (c) Is not clean, safe, and in good repair;

      (d) Is not securely affixed to a substantial structure permanently attached to the ground;

      (e) Directs the movement of traffic;

      (f) Interferes with, imitates, or resembles an official traffic sign, signal, or traffic control device;

      (g) Prevents the driver of a vehicle from having a clear and unobstructed view of an official sign or approaching or merging traffic;

      (h) Includes or is illuminated by flashing, intermittent, or moving lights;

      (i) Uses lighting, unless the lighting is:

      1. Effectively shielded to prevent a beam of light from being directed at the main traveled way or turning roadway of the interstate, parkway, national highway system, or federal-aid primary highway; or

      2. Of low intensity that will not cause glare or impair the vision of a driver or interfere with the operation of a motor vehicle;

      (j) Moves or has animated or moving parts;

      (k) Is erected or maintained upon a tree;

      (l) Is painted or drawn on rocks or another natural feature; or

      (m) Is erected upon or overhanging the right-of-way.

      (6) The criteria established in this subsection shall apply to an off-premise static advertising device located in an off-premise protected area.

      (a) An off-premise static advertising device shall not exceed the maximum size established in KRS 177.863(3)(a).

      (b) An off-premise static advertising device may contain up to two (2) messages per facing.

      (c) An on-premise static or on-premise electronic advertising device shall not affect spacing requirements for an off-premise static advertising device.

      (d) An off-premise static advertising device may[shall not] contain extensions up to fifteen (15) percent of the face of the advertising device[to the face].

      (e) Static advertising devices that are no more than fifteen (15) feet apart at the nearest point between the devices and have the same ownership shall be counted as a single device.

      (f) If lit, an off-premise static advertising device shall be illuminated by white lights.

      (g) The name of the owner of an off-premise static advertising device shall be legible from the main traveled way and shall not be larger than twenty (20) square feet. The owner’s name shall be shown without other owner information and shall not be considered a message.

      (h)[Maximum height of an off-premise static advertising device shall be fifty (50) feet from the ground surface to the top of the structure.

      (i)] To establish an off-premise protected area, the distance from the edge of a state-owned right-of-way shall be measured horizontally and at a right angle to the centerline of the interstate, parkway, national highway system, or federal-aid primary highway for a distance of 660 feet.

      (i)[(j)] An off-premise static advertising device permit shall not be issued for a location where vegetation has been removed by permit from right-of-way within ten (10) years and within 1,000 feet of the proposed static advertising device.

      (j)[(k)] An off-premise static advertising device shall not be located within 2,500 feet of a scenic strip or site.

      [(l) An off-premise static advertising device shall not be located in a high vehicular accident area as determined by the Transportation Cabinet and supported by a traffic engineering study.]

      (7) The criteria established in this subsection shall apply to a nonconforming off-premise static advertising device that is located in a protected area.

      (a) A nonconforming static advertising device may continue to exist if:

      1. Not abandoned or discontinued;

      2. Subjected to only routine maintenance;

      3. In compliance with state law and administrative regulations as well as local zoning, sign, or building restrictions at the time of the erection; and

      4. The device including its structure remains substantially the same as it was on the effective date of the state law or administrative regulation that made the device nonconforming.

      (b) The owner of a nonconforming static advertising device shall submit biennial updates on a completed Advertising Device Biennial Certification Form, TC Form 99-206.

      (c) An incomplete or inaccurate submission shall not be considered an update submittal.

      (d) The update submittal for a nonconforming static advertising device shall be submitted electronically to the department pursuant to the following table:

Dept. of Highway’s District #

Submittal Year

Submittal Period*

1 & 7

Odd

January 1- April 30th

2 & 4

Even

January 1- April 30th

3 & 9

Odd

May 1st- August 31st

6 & 8

Even

May 1st- August 31st

5 & 11

Odd

September 1st – December 31st

10 & 12

Even

September 1st – December 31st

*A submittal shall be received during the submittal period to be considered.

      (e) Failure to submit an update by the deadline established in paragraph (d) of this subsection shall subject the owner of the nonconforming static advertising device to action pursuant to Section 5 of this administrative regulation.

      (f) The following shall be considered non-routine maintenance to a nonconforming static advertising device:

      1. Extension or enlargement of the device;

      2. Replacement, rebuilding, or re-erection of a device that has not been destroyed;

      3. A change in the structural support including material diameters, dimensions, or type that would result in increased economic life such as replacement of wood posts with steel posts or the replacement of a wood frame with a steel frame;

      4. The addition of lights, either attached or unattached, to help illuminate the nonconforming static advertising device structure that previously had no lighting for illumination;

      5.[A change in the existing nonstructural external light fixtures for energy efficiency;

      6.] The addition of variable or changeable message capability;

      6.[7.] The addition of bracing, guy wires, or other reinforcement;

      7.[8.] A change in the location of the structure; or

      8.[9.] A change in the direction of the face.

      (g) Performance of non-routine maintenance on a non-conforming static advertising device shall constitute a violation of this administrative regulation and action shall be taken pursuant to Section 5 of this administrative regulation.

      (8) The criteria established in this subsection shall apply to an on-premise static advertising device located in an on-premise protected area.

      (a) An on-premise static advertising device shall not exceed the maximum size specified in KRS 177.863(3)(a) if it is placed within fifty (50) feet of the activity boundary line.

      (b) If further than fifty (50) feet from the activity boundary line, an on-premise static advertising device shall not exceed:

      1. Twenty (20) feet in length, width, or height; or

      2. 150 square feet in area, including border and trim and excluding supports.

      (c) An on-premise static advertising device shall be located on the premises and within 400 feet from the activity boundary line.

      (d) No more than one (1) on-premise static advertising device or one (1) on-premise electronic advertising device shall be located at a distance greater than fifty (50) feet from the activity boundary line.

      (e) If taking measurements for the placement of an on-premise static advertising device for an industrial park, the service road shall be considered within the activity boundary line for the industrial park.

      (f) An on-premise static advertising device erected to advertise one (1) of the businesses in a shopping center, mall, or other combined business location shall not be located more than fifty (50) feet from the activity boundary line of the business being advertised.

      (g) If taking measurements for the placement of a single on-premise static advertising device for a shopping center, mall, or other combined business location, the combined parking area shall be considered within the activity boundary line.

      (h) A single on-premise static advertising device erected for a shopping center, mall, or other combined business location may:

      1. Identify each of the individual businesses conducted at the location; or

      2. Include a single display area used to advertise on-premise activities.

 

      Section 2. Static Advertising Devices on Interstates and Parkways. (1) The requirements of this section shall apply to a static advertising device visible from an interstate or parkway.

      (2) If it is visible from the main traveled way or turning roadway of an interstate or parkway and meets the permitting criteria established in this administrative regulation, an off-premise static advertising device located in an off-premise protected area of an interstate or parkway shall be permitted by the department.

      (3) A permit shall not be issued unless an off-premise static advertising device:

      (a) Complies with Section 1 and this section of this administrative regulation;

      (b) Is erected or maintained in an off-premise protected area of an interstate or parkway;

      (c) Complies with KRS 177.830 through 177.890, this administrative regulation, and county or city zoning ordinances and regulations;

      (d) Is erected or maintained in a commercial or industrial developed area.

      1. The commercial or industrial developed area shall contain at least four (4)[seven (7)] commercial or industrial businesses.

      2. The commercial or industrial business structures shall be:

      a. Separated by no more than 1,600 feet measured from the activity boundary line of the business as outlined in subsection (8) of this section;

      b. Equipped with water and electricity;

      c. Open to the public with regular business hours or regularly used by the employees as their principal work station; and

      d. In operation at the current location for no less than twelve (12) months prior to permit application submittal.

      3. The area shall be within an incorporated municipality as the boundaries existed on September 21, 1959;

      (e) Is no closer than fifty (50) feet to the edge of the main traveled way or turning roadway of the interstate or parkway; and

      (f) Replaces four (4) off-premise advertising devices as established in subsection (4) of this section.

      (4)(a) Four (4) off-premise advertising devices located in a protected area shall be removed prior to receiving a permit and prior to erecting a static advertising device.

      (b) A permittee shall receive a conditional permit until the four (4) off-premise advertising devices are removed pursuant to paragraph (a) of this subsection.

      (c) The four (4) off-premise advertising devices to be removed shall be identified in the permit application.

      (d) If the permittee does not own four (4) off-premise advertising devices, the devices shall be obtained in order to comply with this subsection. In special cases, upon written petition and for good cause shown, the Commissioner of Highways may permit deviations from this paragraph.

      (e) The off-premise advertising devices removed pursuant to paragraph (a) of this subsection shall be:

      1. Approved by the department for removal; and

      2. Nonconforming or illegal off-premise static or electronic advertising devices located on an interstate or parkway; or

      3. Legal, illegal, or non-conforming static or electronic advertising devices visible from a scenic highway.

      (5) If one (1) or more of the four (4)[seven (7)] businesses required by subsection (3) of this section is terminated or no longer exists, the off-premise static advertising device may be reclassified as a non-conforming static advertising device.

      (6) An off-premise static advertising device visible from an interstate or parkway shall not be erected within 500 feet of another off-premise static advertising device on the same side of the interstate or parkway.

      (7) An off-premise static advertising device visible from an interstate or parkway shall not be erected within 1,500 feet of another off-premise electronic advertising device on either side of the interstate or parkway.

      (8) The requirements in this subsection shall be used to measure distances for the identification of a commercial or industrial developed area.

      (a) Lines shall be drawn perpendicular to the center line of the interstate or parkway, extending from each side of the interstate or parkway.

      (b) The first perpendicular line shall be drawn from the activity boundary line of the first-encountered commercial or industrial business.

      (c) The last perpendicular line shall be drawn from the activity boundary line of the last-encountered commercial or industrial business.

      (d) The distance between the activity boundary line of the first and last encountered commercial or industrial business shall not exceed 1,600 feet.

      (e) Each perpendicular line shall extend for a distance of 660 feet from each edge of the right-of-way of the interstate or parkway.

      (f) Area within the confines of the lines perpendicular to the center line of the interstate or parkway shall be considered if establishing a commercial and industrial developed area.

      (g) The static advertising device shall be on the same side of the interstate or parkway where at least four (4) of the commercial or industrial businesses are located and within 100 feet of the activity boundary line of one (1) of the four (4) businesses.

      (h) A business on either side of the interstate or parkway within the confines of the lines perpendicular to the centerline of the interstate or parkway may be counted as part of the seven (7) required businesses.

 

      Section 3. Static Advertising Devices on National Highway System and Federal-Aid Primary Highways.

      (1) The requirements of this section shall apply to a static advertising device visible from a national highway system or federal-aid primary highway.

      (2) If it is visible from the main traveled way or turning roadway of a national highway system or federal-aid primary highway and meets the permitting criteria established in this administrative regulation, an off-permitted static advertising device shall be permitted by the department.

      (3) An off-premise static advertising device shall be prohibited in a protected area of a national highway system or federal-aid primary highway if:

      (a) Prohibited by KRS 177.863(1);

      (b) Within 2,500 feet of an official picnic area, golf course, public park, recreational area, forest preserve, church, school, battlefield, rest area, museum, historical monument, state park, or national park; or

      (c) Within 2,500 feet of a scenic strip or site.

      (4) A permit shall not be issued by the department unless an off-premise static advertising device:

      (a) Complies with Section 1 and this section of this administrative regulation;

      (b) Is erected and maintained in an off-premise protected area of a national highway system or federal-aid primary highway:

      1. In a commercial or industrial zone; or

      2. In an unzoned commercial or industrial area with a commercial or industrial activity that is located on the same side of the highway and within 700 feet of the static advertising device as outlined in subsection (6) of this section;

      (c) Complies with KRS 177.830 through 177.890, this administrative regulation, and county or city zoning ordinances; and

      (d) Replaces two (2) off-premise advertising devices pursuant to subsection (5) of this section.

      (5)(a) Two (2) off-premise advertising devices located in a protected area shall be removed prior to receiving a permit and prior to erecting a static advertising device.

      (b) A permittee shall receive a conditional permit until the two (2) devices are removed pursuant to paragraph (a) of this subsection.

      (c) The two (2) off-premise advertising devices to be removed shall be identified in the permit application.

      (d) If the permittee does not own two (2) off-premise advertising devices, the devices shall be obtained in order to comply with this subsection. In special cases, upon written petition and for good cause shown, the Commissioner of Highways may permit deviations from this paragraph.

      (e) The off-premise advertising devices removed pursuant to paragraph (a) of this subsection shall be:

      1. Approved by the department for removal; and

      2. Nonconforming or illegal off-premise static or electronic advertising devices located on a national highway system or a federal-aid primary highway; or

      3. Legal, illegal, or nonconforming static or electronic advertising devices visible from a scenic highway.

      (6) The requirements in this subsection shall be used to measure the correct distance for an off-premise static advertising device from a commercial or industrial activity.

      (a) Two (2) lines shall be drawn from the activity boundary line perpendicular to the centerline of the main traveled way to encompass the greatest longitudinal distance along the center line of the national highway system or federal-aid primary highway.

      (b) Measurements shall begin at the outside edge of the activity boundary lines and shall be measured 700 feet in each direction.

      (7) The criteria established in this subsection shall apply to a non-billboard off-premise static advertising device, also known as a civic or community advertising device, located in an off-premise protected area.

      (a) A non-billboard off-premise static advertising device shall be prohibited on or over a state-owned right-of-way.

      (b) A non-billboard off-premise static advertising device shall not affect the spacing requirements for off-premise static advertising devices on national highway system and federal-aid primary highways.

      (c) A non-billboard off-premise static advertising device with multiple messages shall be limited to an overall facing size of no more than 150 square feet and each individual message shall be limited to eight (8) square feet.

      (d) A non-billboard off-premise static advertising device with one (1) message shall be limited to eight (8) square feet.

      (e) Spacing between two (2) non-billboard off-premise static advertising devices shall be 200 feet.

 

      Section 4. Permits, Renewals, and Transfers. (1) The requirements of this section shall apply to static advertising devices on an interstate, parkway, national highway system, or federal-aid primary highway.

      (2) Except for non-billboard off-premise static advertising devices, a permit shall be required from the department for an off-premise static advertising device located in an off-premise protected area.

      (3) The initial permit shall be valid until the expiration of the applicable renewal period. If the renewal period falls within six (6) months of the initial permit issuance, the initial permit shall be good until the next renewal period.

      (4) An application for an off-premise static advertising device permit shall be made on a completed Application for Off-Premise Advertising Device, TC Form 99-31.

      (5) An application for a non-billboard off-premise advertising device shall be made on a completed Application For Non-Billboard Off-Premises Advertising Device, TC Form 99-207.

      (6) The issuance of an off-premise static advertising device permit relevant to spacing between off-premise static or electronic advertising devices shall be determined on a first-come, first-served basis.

      (7) A permittee shall submit biennial renewals. A renewal shall be made on a completed Advertising Device Biennial Certification Form, TC Form 99-206. An incomplete or inaccurate submission shall not be considered.

      (8)(a) If submitting a biennial renewal, the permittee shall certify that the off-premise static advertising device meets the permit requirements of this administrative regulation.

      (b) If the off-premise static advertising device no longer meets the permit requirements of this administrative regulation, the permittee may request a conditional renewal to allow the permittee to become compliant with the permit requirements.

      (c) If the permittee fails to become compliant, the permit shall not be renewed and the off-premise advertising device shall be reclassified as a nonconforming static advertising device.

      (9) A renewal submittal for a static advertising device shall be submitted electronically to the department pursuant to the following schedule:

Dept. of Highway’s District #

Submittal Year

Submittal Period*

1 & 7

Odd

January 1- April 30th

2 & 4

Even

January 1- April 30th

3 & 9

Odd

May 1st- August 31st

6 & 8

Even

May 1st- August 31st

5 & 11

Odd

September 1st – December 31st

10 & 12

Even

September 1st – December 31st

*A submittal shall be received during the submittal period to be considered.

      (10) Failure to submit a renewal by the deadline outlined in subsection (9) of this section shall result in the off-premise advertising device being designated as illegal and action shall be taken pursuant to Section 5 of this administrative regulation.

      (11) A static advertising device may be sold, leased, or otherwise transferred without affecting its status, but its location shall not be changed. A transfer of ownership for a static advertising device shall be submitted on a completed Advertising Device Ownership Transfer, TC Form 99-205.

      (12) An application amendment for substantial change to an approved off-premise static advertising device permit shall be submitted and approved by the department prior to work being performed.

      (13) An off-premise static advertising device that has been permitted but not constructed shall not be installed if the permitted location becomes ineligible prior to installation. If the location is no longer permittable, the permit shall be cancelled.

      (14) An on-premise static advertising device shall be in compliance with the provisions of this administrative regulation but shall not require a permit.

 

      Section 5. Notice of Violations; Appeals. (1) The department shall notify the owner of the static advertising device by certified letter that the static advertising device is in violation of KRS Chapter 177 or this administrative regulation.

      (2) The owner of the device shall be given thirty (30) days to respond to the violations outlined in the department’s notice.

      (3) If the owner fails to respond to the certified notice or fails to remedy the violations within thirty (30) days, the department may proceed to take legal action.

      (4) If the owner receives a certified notice for a nonconforming off-premise static advertising device and fails to respond or remedy the violations within thirty (30) days, the device shall lose its non-conforming status.

      (5)(a) An owner aggrieved by the findings of the department may request an administrative hearing in writing within twenty (20) days of the notice.

      (b) A request for a hearing shall thoroughly detail the grounds upon which the hearing is requested.

      (c) The hearing request shall be addressed to the Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622. The administrative hearing shall be conducted pursuant to KRS Chapter 13B.

 

      Section 6. Scenic Highways and Byways (1) After the designation of a scenic highway by the Transportation Cabinet, additional off-premise static advertising devices shall not be erected, allowed, or permitted that are visible from the scenic highway.

      (2) The sponsor of a scenic byway application may petition the Transportation Cabinet to impose the same administrative regulations for static advertising devices located on scenic byways as those located on scenic highways.

      (3) Only routine maintenance shall be performed on an off-premise static advertising device legally in existence on the date of the scenic highway designation.

 

      Section 7. Penalties. (1) A static advertising device owner who willfully violates a provision of this administrative regulation shall be assessed a penalty of $500 dollars per day, per violation pursuant to KRS 177.990(2).

      (2) The department shall deny or revoke a permit if the permit application contains false or materially misleading information.

 

      Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for Off-Premise Advertising Device", TC Form 99-31, May 2013;

      (b) "Advertising Device Ownership Transfer", TC Form 99-205, December 2013;

      (c) "Advertising Device Biennial Certification Form", TC Form 99-206, December 2013;

      (d) "Application For Non-Billboard Off-Premises Advertising Device", TC Form 99-207, December 2013;

      (e) "Agreement for Carrying Out National Policy Relative to Control of Outdoor Advertising in Areas Adjacent to the National System of Interstate and Defense Highways and the Federal-Aid Primary System", December 23, 1971; and

      (f) The formal designation of interstates, parkways, national highway system, and federal-aid primary highways by the Transportation Cabinet on the cabinet's Web site at: http://maps.kytc.ky.gov/PAFOA/.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the cabinet's Web site at http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx.[Definitions. (1) "Abandoned" or "discontinued" means that for a period of one (1) year or more that the device has:

      (a) Not displayed any advertising matter;

      (b) Displayed obsolete advertising matter; or

      (c) Needed substantial repairs.

A notice that the device is for sale, rent, or lease shall not be considered advertising matter.

      (2) "Activity boundary line" means the delineation on a property of those regularly used buildings, parking lots, storage and process areas which are an integral part of and essential to the primary business activity which takes place on the property. In an industrial park, the service road shall be considered within the activity boundary line for the industrial park as a separate entity.

      (3) "Advertising device" or "device" means as defined in KRS 177.830(5).

      (4) "Allowed" means legal to exist without a permit from the Department of Highways.

      (5) "Billboard" or "off-premise advertising device" means a device that contains a message relating to an activity or product that is foreign to the site on which the device and message are located or an advertising device erected by a company or individual for the purpose of selling advertising messages for profit.

      (6) "Centerline of the highway" means a line equidistant from the edges of the median separating the main traveled ways of a divided highway, or the centerline of the main traveled way of a nondivided highway.

      (7) "Commercial or industrial activities" means as defined in KRS 177.830(9).

      (8) "Commercial or industrial enterprise" means any activity carried on for financial gain except that it shall not include:

      (a) Leasing of property for residential purposes;

      (b) Agricultural activity or animal husbandry; or

      (c) Operation or maintenance of an advertising device.

      (9) "Commercially or industrially developed area" means:

      (a) Any area within 100 feet (thirty and five-tenths (30.5) meters) of, and including any area where there are located within the protected area at least ten (10) separate commercial or industrial enterprises, not one of the structures from which one (1) of the enterprises is being conducted is located at a distance greater than 1620 feet (493.8 meters) from any other structure from which one (1) of the other enterprises is being conducted; and

      (b)1. Within the area there was a commercial or industrial enterprise in existence on September 21, 1959; or

      2. The land use for the area was within an incorporated municipality as the boundaries existed on September 21, 1959.

      (10) "Commercial or industrial zone" means as defined in KRS 177.830(7).

      (11) "Comprehensively zoned" means, as it is applied to FAP highways only, that each parcel of land under the jurisdiction of the zoning authority has been placed in some zoning classification.

      (12) "Department" means the Department of Highways within the Kentucky Transportation Cabinet.

      (13) "Destroyed" means damage to an advertising device in excess of fifty (50) percent of the device:

      (a) Including:

      1. Supports;

      2. Poles;

      3. Guys;

      4. Struts;

      5. Panels;

      6. Facing; and

      7. Bracing; and

      (b) That to be structurally and visually acceptable, requires adding:

      1. A guy or strut;

      2. New supports or poles by splicing or attaching to an existing support;

      3. Separate new auxiliary supports or poles;

      4. New or replacement peripheral or integral structural bracing or framing; or

      5. New or replacement panels or facing.

      (14) "Electronic sign" means an on-premise advertising device whose message may be changed by electrical or electronic process, and includes the device known as the electronically changeable message center for advertising on-premise activities.

      (15) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way bring into being or establish, but it shall not include any of the foregoing activities if performed as an incident to:

      (a) The change of an advertising message; or;

      (b) Customary maintenance; or

      (c) Repair of an advertising device.

      (16) "Federal-aid primary highway" or "FAP highway" means as defined in KRS 177.830(3) and 23 USC 103(b) and as it existed on June 1, 1991.

      (17) "Identifiable" means capable of being related to a particular product, service, business or other activity even though there is no written message to aid in establishing the relationship.

      (18) "Interstate highway" means as defined in KRS 177.830(2) and 23 USC 131(t).

      (19) "Legible" means capable of:

      (a) Being read without visual aid by a person of normal visual acuity; or

      (b) Conveying an advertising message to a person of normal visual acuity.

      (20) "Main traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, each direction has its own main traveled way. It does not include such facilities as frontage roads, turning roadways, access ramps, or parking areas.

      (21) "National highway system" or "NHS" means the Kentucky highways defined in 23 USC 103 which for the purpose of outdoor advertising shall exclude the highways which are part of the interstate, parkway, or FAP system of highways.

      (22) "Nonbillboard off-premise advertising device" means, as it is applicable to FAP and NHS highways only, an advertising device not located on the property which it is advertising and limited to advertising for a city, church, or civic club which includes any nationally, regionally or locally known religious or nonprofit organization.

      (23) "Nonconforming advertising device" means an off-premise advertising device that was lawfully erected but:

      (a) Does not comply with the provisions of a subsequent:

      1. State law; or

      2. Administrative regulation; or

      (b) Later fails to comply with state law or administrative regulation due to changed conditions similar to the following:

      1. Zoning change;

      2. Highway relocation;

      3. Highway reclassification; or

      4. Change in a restriction on size, spacing or distance.

      (24) "Official sign" means a sign:

      (a) Located within the highway right-of-way; and

      (b) Installed by or on behalf of:

      1. The Department of Highways; or

      2. Another public agency having jurisdiction; and

      (c) Which meets one (1) of the following purposes:

      1. Denotes the location of underground utilities;

      2. Is required by a federal, state, or local government to delineate the boundaries of a:

      a. Reservation;

      b. Park; or

      c. District;

      3. Identifies the street or highway;

      4. Controls traffic; or

      5. Is required by state law.

      (25) "On-premise advertising device" means an advertising device that contains a message relating to an activity conducted or the sale of goods and services within the boundaries of the property on which the device is located. It does not mean a sign which generates rental income.

      (26) "Parkway" means any highway in Kentucky originally constructed as a toll road whether or not a toll for the use of the highway is currently being collected. As it relates to an advertising device, a parkway shall be considered the equivalent of an interstate highway.

      (27) "Permitted" means legal to exist only if a permit is issued from the Department of Highways.

      (28) "Primary business or activity" means that the sale of one product or a business activity which takes precedence over other product sales or business activities.

      (29) "Protected area" means all areas within the boundaries of this Commonwealth which are adjacent to and within 660 feet (210.17 meters) of the state-owned highway right-of-way of the interstate, parkway, NHS, and FAP highways and those areas which are outside urban area boundary lines and beyond 660 feet (210.17 meters) from the right-of-way of an interstate, parkway, NHS, or FAP highway within the Commonwealth. If this highway terminate at a state boundary which is not perpendicular or normal to the center line of the highway, "protected area" also means all of these areas inside the boundaries of the Commonwealth which are adjacent to the edge of the right-of-way of an interstate highway in an adjoining state.

      (30) "Public service message" means a message pertaining to an activity or service which is performed for the benefit of the public and not for profit or gain of a particular person, firm or corporation or information such as time or temperature.

      (31) "Routine change of message" means, as it relates to a nonconforming advertising device, the message change on an advertising device from one (1) advertised product or activity to another. This includes the lamination or preparation of the existing panels or facings at a plant or factory for the changing of messages when this is the normal operating procedure of a company.

      (32) "Routine maintenance" means, as it relates to a nonconforming advertising device:

      (a) The maintenance of an advertising device which is limited to replacement of nuts and bolts, nailing, riveting or welding, cleaning and painting, or manipulating to level or plumb the device;

      (b) The routine change of message; and

      (c) The lamination or preparation of existing panels or facings at a location other than that of the advertising device.

      (d) Routine maintenance shall not mean:

      1. Adding guys or struts for the stabilization of the device or substantially changing the device; or

      2. Replacement or repair of panels, poles, or facings or the addition of new panels, poles, or facings;

      (33) "Traveled way" means the portion of a roadway dedicated to the movement of vehicles, exclusive of shoulders.

      (34) "Turning roadway" means a connecting roadway for traffic, turning between two (2) intersecting legs of an interchange.

      (35) "Unzoned commercial or industrial area" means as defined in KRS 177.830(8).

      (36) "Urban area" means as defined in KRS 177.830(10).

      (37) "Visible" means capable of being seen, whether or not legible or identifiable without visual aid by a person of normal visual acuity and erected for the purpose of being seen from the traveled way.

 

      Section 2. Signs on Highway Right-of-way. (1) Official signs allowed. An advertising device shall not be erected or maintained within or over the state-owned highway right-of-way except a directional or other official sign or signal erected by or on behalf of the state or other public agency having jurisdiction.

      (2) Types of official signs. The following official signs (with size limitations) may be allowed on state-owned highway right-of-way:

      (a) Directional and other official device including a sign or device placed by the Department of Highways;

      (b) A sign or device, limited in size to two (2) square feet (0.186 square meters), denoting the location of underground utilities; or

      (c) A sign, limited in size to 150 square feet (thirteen and nine-tenths (13.9) square meters), erected by a federal, state, or local government to delineate boundaries of a reservation, park, or district.

 

      Section 3. General Conditions Relating to Advertising Devices. The requirements of this section shall apply to an advertising device on an interstate, parkway, NHS, and FAP highway.

      (1) FHWA/Kentucky agreement for the control of outdoor advertising.

      (a) An advertising device which is visible from an interstate highway, parkway, NHS, or FAP highway shall be governed by the provisions of the agreement between the Kentucky Department of Highways and the Federal Highway Administration which was executed on December 23, 1971.

      (b) This agreement is authorized by KRS 177.890 and 23 CFR Part 1.35 and required by 23 CFR Parts 190 and 750.

      (2) Advertising device allowed if not visible. An advertising device which is not visible from the main traveled way of the interstate, parkway, NHS, or FAP highway shall be allowed in protected areas.

      (3) Visible from more than one (1) highway. If an advertising device is visible from more than one (1) interstate, parkway, NHS, or FAP highway on which control is exercised, the appropriate provisions of this administrative regulation or KRS 177.830 through 177.890 shall apply to each of these highways.

      (4) Nonconforming advertising device may exist. An off-premise nonconforming, but otherwise legal, advertising device may continue to exist until just compensation has been paid to the owner, if it is:

      (a) Not destroyed, abandoned or discontinued;

      (b) Subjected to only routine maintenance;

      (c) In conformance with local zoning or sign or building restrictions at the time of the erection; and

      (d) In compliance with the provisions of Section 4(3) of this administrative regulation and KRS 177.863.

      (5) Nonroutine maintenance on a nonconforming device. Performance of other than routine maintenance on a nonconforming, but otherwise legal, advertising device shall cause it to lose its legal status and to be classified as illegal.

      (6) Vandalized nonconforming device.

      (a) The owner of a nonconforming, but otherwise legal, advertising device destroyed by vandalism or other criminal or tortious act may apply to the Department of Highways to reerect the advertising device in kind.

      (b) The application for the reerection of the advertising device shall:

      1. Be on Transportation Cabinet Form TC 99-31; and

      2. Contain the following:

      a. Plans and pictures showing the proposed new structure to be as exact a duplicate of the destroyed nonconforming advertising device as possible, including the same number of poles, type of stanchion, supports, material of poles or stanchion, and material of facing;

      b. Sufficient proof that the destruction was the result of vandalism or other criminal or tortious act;

      c. Ownership of the advertising device;

      d. Dimensions of the destroyed advertising device;

      e. Material used in erection of the destroyed advertising device;

      f. Durability of the new device;

      g. Stanchion type; and

      h. Current lease from land owner.

      (c) The Department of Highways shall not issue a notice to reconstruct until all of these conditions have been met.

      (d) The owner of the vandalized nonconforming advertising device shall not reerect the advertising device until a notice to reconstruct has been issued by the Department of Highways.

      (7) Required measuring methods.

      (a) To establish a protected area, the distance from the edge of a state-owned highway right-of-way shall be measured horizontally along a line at the same elevation and at a right angle to the centerline of the highway for a distance of 660 feet (210.17 meters) inside urban area boundaries and to the horizon outside urban area boundary lines.

      (b)1. A V-shaped or back-to-back type billboard advertising device shall not be more than fifteen (15) feet apart at the nearest point between the two (2) sign facings and shall be connected by bracing or a maintenance walkway.

      2. The angle formed by the two (2) sign facings shall not be greater than forty-five (45) degrees.

      (c) The spacing between advertising devices shall be measured as described in KRS 177.863(2)(c).

      (8) Criteria for off-premise advertising devices. The following criteria are applicable to any off-premise advertising device located in a protected area:

      (a) An off-premise advertising device shall not exceed the maximum size stated in KRS 177.863(3)(a);

      (b) A V-shaped, double-faced, or back-to-back billboard advertising device shall be considered as specified in KRS 177.863(2)(b);

      (c)1. A billboard advertising device may contain two (2) messages per direction of travel if the device does not exceed the maximum size stated in KRS 177.863(3)(a);

      2. If a billboard advertising device contains two (2) messages on a single facing or panel, each one (1) shall occupy approximately fifty (50) percent of the device;

      3. If a billboard advertising device contains two (2) messages in one (1) direction of travel, each on a separate panel or facing where one (1) panel or facing is placed above or beside the other but where the two (2) separate panels or facings are not touching:

      a. There may be a size differential in the panels if dictated by the terrain of the site of the billboard advertising device and if the differential is approved by the Transportation Cabinet prior to the erection of the device; and

      b. The combined size of the two (2) faces or panels of the advertising device shall not exceed the maximum size stated in KRS 177.863(3)(a).

      (d) An on-premise advertising device shall not affect spacing requirements for billboard advertising.

      (e) If lit, a billboard advertising device shall be illuminated by white lights.

      (9) Criteria for on-premise advertising devices. The following criteria shall be applicable to an on-premise advertising device located in a protected area:

      (a) An on-premise advertising device shall not exceed the maximum size specified in KRS 177.863(3)(a) if it is placed within fifty (50) feet (fifteen and two-tenths (15.2) meters) of the advertised activity boundary line.

      (b)1. There shall not be more than one (1) on-premise device located at a distance greater than fifty (50) feet (fifteen and two-tenths (15.2) meters) from the activity boundary line.

      2. An individual on-premise business sign erected to advertise one (1) of the businesses in a shopping center, mall, or other combined businesses location shall not be located more than fifty (50) feet (fifteen and two-tenths (15.2) meters) from the activity boundary line of the individual business.

      (c) If further than fifty (50) feet from the activity boundary line, an on-premise advertising device shall not exceed:

      1. Twenty (20) feet (6.09 meters) in:

      a. Length;

      b. Width; or

      c. Height; or

      2. 150 square feet (thirteen and eight-tenths (13.8) square meters) in area:

      a. Including border and trim; and

      b. Excluding supports.

      (d)1. An on-premise advertising device shall not be located more than 400 feet (121.9 meters), measured within the property boundary, from the advertised activity boundary line.

      2. If using a corridor to reach the location of the device, the corridor shall be not less than 100 feet (thirty and five-tenths (30.5) meters) in width and shall be contiguous to an integral part of and of the same entitlement as the property on which the advertised activity is located.

      3. Any other business activity which is in any manner foreign to the advertised activity shall not be located on or have use of the corridor between the advertised activity and the location of the device.

      4. An activity incidental to the primary activity advertised shall not be considered in taking measurements.

      5. If taking measurements for the placement of an on-premise industrial park sign as described in paragraph (j) of this subsection, the access road into the industrial park shall be considered an integral part of the property on which the activity is taking place.

      6. If taking measurements for the placement of a single on-premise sign advertising a shopping center, mall, or other combined businesses location, the combined parking area shall be considered as within the activity boundary line.

      (e) There shall not be requirements for spacing between on-premise advertising devices.

      (f) An advertising device other than one (1) listed here shall not be located as to be visible from the main traveled way of an interstate, parkway, NHS, or FAP highway:

      1. One (1) indicating the name and address of the owner, lessee or occupant of the property on which the advertising device is located;

      2. One (1) showing the name or type of business or profession conducted on the property on which the advertising device is located;

      3. Information required or authorized by law to be posted or displayed on the property;

      4. One (1) advertising the sale or leasing of the property upon which the advertising device is located;

      5. One (1) setting forth the advertisement of an activity conducted on or the sale of a product or service on the property where the advertising device is located; or

      6. A sign with a maximum area of eight (8) square feet (0.743 square meters) noting credit card acceptance or trading stamps.

      (g) An on-premise advertising device shall not advertise an activity, service, or business other than that conducted upon the property on which it is located.

      (h) An on-premise electronic sign which contains, includes, or is illuminated by a flashing, intermittent, or moving lights shall not be used except to advertise an activity, service, business, or product available on the property on which the sign is located or to present a public service message.

      1. The advertising message may contain words, phrases, sentences, symbols, trade-marks, or logos.

      2. A single message or segment of a message shall have a display time of at least two (2) seconds including the time needed to move the message onto the sign board, with all segments of the total message to be displayed within ten (10) seconds.

      3. A message consisting of one (1) segment may remain on the sign board any amount of time in excess of two (2) seconds.

      4. An electronic sign requiring more than four (4) seconds to change from one (1) single message to another shall be turned off during the change interval.

      5. A display traveling horizontally across the sign board shall move between sixteen (16) and thirty-two (32) light columns per second.

      6. A display may scroll onto the sign board but shall hold for two (2) seconds including the scrolling time.

      7. A display shall not include an art animation or graphic that portrays motion, except for movement of a graphic onto or off of the sign board.

      (i) A brand or trade name shall not be advertised on an on-premise advertising device if the sale of a product or service with the brand or trade name is incidental to the primary activity, service, or business.

      (j) An industrial park type on-premise advertising device which shall be limited in area to 150 square feet (thirteen and eight-tenths (13.8) square meters) may contain the:

      1. Name of the industrial park;

      2. City or county associated with the industrial park; or

      3. Name of the individual business or industry located in the industrial park.

      (k) A single on-premise sign erected for a shopping center, mall, or other combined businesses location may:

      1. Identify each of the individual businesses conducted at the location; or

      2. Include a single display area used to advertise on-premise activities.

 

      Section 4. Specific Requirements for Advertising Devices on Interstate and Parkway Highways. (1) Permit if visible. Except for a nonconforming advertising device, an advertising device which is located in a protected area and which is visible from the main traveled way of an interstate or parkway highway shall have an approved permit from the Transportation Cabinet, Department of Highways to be a legal advertising device. An advertising device closer than fifty (50) feet (fifteen and two-tenths (15.2) meters) to the edge of the main traveled way of any interstate or parkway highway shall not be issued a permit.

      (2) Criteria for billboard advertising devices.

      (a)1. A billboard advertising device may be erected or maintained in a protected area of an interstate or parkway highway if:

      a. The area is a commercially or industrially developed area as defined in Section 1 of this administrative regulation; and

      b. The advertising device complies with the following provisions:

      (i) KRS 177.830 through 177.890;

      (ii) This administrative regulation; and

      (iii) Applicable county or city zoning ordinances.

      2. If a business or industry on which the designation as a commercially or industrially developed area was based is terminated or abandoned, leaving less than ten (10) separate enterprises, the billboard advertising device shall be reclassified as nonconforming.

      3. If the Department of Highways reclassifies the device as nonconforming, the owner shall be notified.

      (b) A billboard advertising device structure designed to be primarily viewed from an interstate or parkway highway shall not be erected within 500 feet (152.4 meters) of any other off-premise advertising device on the same side of the interstate or parkway highway unless separated by a building, natural obstruction or roadway in a manner that only one (1) off-premise advertising device located within the 500 feet (152.4 meters) is visible from the interstate or parkway highway at any one time.

      (3) The erection or existence of an advertising device shall not be permitted in a protected area of an interstate or parkway highway if it:

      (a) Advertises an activity that is illegal, pursuant to state or federal law;

      (b) Is obsolete;

      (c) Is not:

      1. Clean;

      2. Safe; and

      3. In good repair;

      (d) Is not securely affixed to a substantial structure permanently attached to the ground;

      (e) Attempts to:

      1. Direct the movement of traffic; or

      2. Interfere with, imitate, or resemble an official traffic sign, signal, or traffic control device;

      (f) Prevents the driver of a vehicle from having a clear and unobstructed view of:

      1. An official sign; or

      2. Approaching or merging traffic;

      (g) Includes or is illuminated by flashing, intermittent, or moving lights, except for an on-premise device that meets the requirements of Section 3(9)(h) of this administrative regulation;

      (h) Uses lighting, unless it is:

      1. Effectively shielded to prevent a beam of light from being directed at the main traveled way of a highway; or

      2. Of low intensity that will not cause glare or impair the vision of a driver or interfere with the operation of a motor vehicle;

      (i) Moves or has animated or moving parts;

      (j) Is:

      1. Erected or maintained upon a tree;

      2. Painted or drawn on rocks or another natural feature;

      (k) Exceeds 1,250 square feet (116.1 square meters) in area:

      1. Including border and trim; and

      2. Excluding supports;

      (l) Is erected upon or overhanging the right-of-way of a highway; or

      (m) Interferes with an official:

      1. Sign;

      2. Signal; or

      3. Traffic control device.

      (4)(a) To measure distances for the identification of a commercially or industrially developed area, two (2) lines shall be drawn perpendicular to the center line of the controlled interstate or parkway highway, extending from each side of the controlled highway.

      (b) The first perpendicular line shall be drawn 100 feet from the outer edge of the first-encountered separate establishment which is within the area being considered as a commercially or industrially developed area.

      (c) The second perpendicular line shall be drawn 100 feet from the outer edge of the last-encountered separate establishment which is within the area being considered as a commercially or industrially developed area.

      (d) The distance between the first-encountered establishment and the last encountered establishment shall not exceed 1620 feet.

      (e) Each perpendicular line shall extend for a distance of 660 from each edge of the right-of-way of the controlled highway.

      (f) All area within the confines of the lines perpendicular to the center line of the highway shall be considered when establishing a commercially and industrially developed area.

      (g) An enterprise or structure on either side of the controlled interstate or parkway highway within the confines of the lines perpendicular to the centerline of the highway may be counted as part of the ten (10) needed.

      (h) A pictorial representation of an eligible commercially or industrially developed area is on the Transportation Cabinet document entitled "Measurement of Commercially or Industrially Developed Area".

 

      Section 5. Specific Requirements for Advertising Devices on Federal-aid Primary and National Highway System Highways. (1) Billboard advertising devices on NHS and FAP highways. A billboard advertising device may be permitted in a protected area of an NHS or FAP highway if it is located in an unzoned commercial or industrial area or a commercial or industrial zone and if the device complies with applicable state, county, or city zoning ordinances or administrative regulations.

      (a)1. It shall be legal to have a permitted billboard advertising device in an unzoned commercial and industrial area of an NHS or FAP highway if there is a commercial, business, or industrial activity in the area.

      2. Upon the termination or abandonment of the business or industry on which the unzoned commercial or industrial area was based, the billboard advertising device shall be reclassified as nonconforming.

      3. If the Department of Highways reclassifies the device as nonconforming, the owner shall be notified.

      (b) Except for a nonconforming advertising device, a billboard advertising device which is visible from the main traveled way of an NHS or FAP highway and in a protected area shall have an approved permit from the Department of Highways.

      (c) An unzoned commercial or industrial area shall not be created when a commercial or industrial activity is located more than 300 feet (ninety-one and four-tenths (91.4) meters) from the right-of-way of the NHS or FAP highway.

      (d)1. Minimum spacing between billboard advertising devices in an unzoned commercial or industrial area shall be 300 feet (ninety-one and four-tenths (91.4) meters) unless separated by a building, roadway, or natural obstruction in a manner that only one (1) device located within the required spacing is visible from the highway at any time.

      2. The minimum spacing requirement shall be reduced to 100 feet (thirty and four-tenths (30.4) meters) within an incorporated municipality which does not have comprehensive zoning.

      (e) Minimum spacing between billboard advertising devices in any comprehensively zoned commercial or industrial area shall be 100 feet (thirty and four-tenths (30.4) meters) unless separated by a building, roadway or natural obstruction in a manner that only one (1) sign located within the required spacing is visible from the highway at any time.

      (f) An advertising device which meet the criteria set forth in KRS 177.863(1) shall be prohibited.

      (2) Establishing limits of an unzoned commercial or industrial area.

      (a) In measuring distances for the determination of an unzoned commercial or industrial area near an NHS or FAP highway, two (2) lines shall be drawn from the activity boundary line perpendicular to the centerline of the main traveled way to encompass the greatest longitudinal distance along the center line of the highway.

      (b) Measurements for establishing unzoned commercial or industrial areas shall begin at the outside edge of the activity boundary lines and shall be measured 700 feet (213.4 meters) in each direction.

      (3) Nonbillboard off-premise advertising devices on NHS and FAP highways permitted.

      (a) The owner of a nonbillboard off-premise advertising device shall apply for a permit in accordance with the procedures set forth in Section 6 of this administrative regulation. A metal tag corresponding to the permit shall not be issued by the Department of Highways.

      (b) A nonbillboard off-premise advertising device shall not be permitted on or over the state-owned right-of-way of a NHS or FAP highway.

      (c) More than one (1) nonbillboard off-premise advertising device relating to a particular city, church, or civic organization shall not be erected in each direction of travel on a NHS or FAP highway.

      (d) Spacing between two (2) nonbillboard off-premise advertising devices shall be 100 feet (thirty and four-tenths (30.4) meters).

      (e) A nonbillboard off-premise advertising device shall not affect the spacing requirements for billboards.

      (f) A church or civic club type nonbillboard advertising device which shall be limited in area to eight (8) square feet (0.743 square meters) shall not contain a message other than the following:

      1. Name and address of the church or civic club;

      2. Location and time of meetings, and a directional arrow; or

      3. Special events such as Vacation Bible School, revival, etc. These temporary messages shall be in lieu of the original or a part of the original message and shall not exceed the maximum of eight (8) square feet (0.743 square meters) in area.

      (4) Public service sign criteria. A public service sign may be allowed on school bus shelter if it conforms to the following requirements:

      (a) The maximum size for a public service sign shall be thirty-two (32) square feet (2.97 square meters) in area including border and trim.

      (b)1. The public service sign shall contain a message of benefit to the public which occupies not less than fifty (50) percent of the area of the sign.

      2. The remainder of the sign may identify the donor, sponsor or contributor of the school bus shelter.

      3. The sign shall not contain any other message.

      (c) Only one (1) public service sign on each school bus shelter shall face in any one (1) direction of travel.

 

      Section 6. Required Permits for Advertising Devices. (1) Permit required.

      (a) Except for a nonconforming advertising device, a permit shall be required from the Department of Highways for any off-premise advertising device located in a protected area of an interstate, parkway, NHS, or FAP highway route.

      (b) A permit shall be required for each on-premise advertising device on interstate and parkway highway routes.

      (c) Compliance with the provisions of this administrative regulation shall be required for an on-premise advertising device on NHS and FAP routes.

      (d) By January 1, 1994 each permitted off-premise advertising device shall have a metal tag supplied by the department attached to the device.

      (2) Application for an advertising device permit.

      (a)1. Application for an advertising device permit shall be made on Transportation Cabinet form TC 99-31 as revised in October 1997. The application form, completed in triplicate, shall be submitted to the jurisdictional highway district office of the proposed advertising device.

      2. The issuance of approved advertising device applications as they relate to the required spacing between billboards shall be determined on a "first-come, first-served" basis.

      (b) The application for an advertising device permit shall be accompanied by the following:

      1. Vicinity map;

      2. Applicant's plot plan;

      3. Location, milepoint and sign plans for the advertising device;

      4. A copy of all applicable local permits;

      5. A copy of the executed lease or ownership of the proposed billboard site, if applicable; and

      6. If the request is for an on-premise advertising device, the application shall include a detailed description of the exact wording of the message to be conveyed on the device. This information may be furnished either by photograph, drawing, or illustration.

      (c) The applicant shall submit three (3) copies of all required documentation.

      (3) An approved advertising device application shall be valid for one (1) year. If the device has not been constructed and inspected for compliance in that year, the applicant shall apply for renewal of the approved application prior to the end of the year of validity.

 

      Section 7. Illegal or Unpermitted Advertising Devices. (1) Unpermitted advertising devices. The jurisdictional chief district engineer or his representative shall notify the sign and property owner of an unpermitted or illegal advertising device by registered letter that the advertising device is in violation of Kentucky's advertising device laws or administrative regulation under the following conditions:

      (a) The advertising device which is not located on state-owned highway right-of-way has not been issued a permit; or

      (b) The advertising device which is not located on state-owned highway right-of-way for which a permit has been issued is found in violation of state law or this administrative regulation.

      (2) Content of notice.

      (a)1. If the advertising device appears to be eligible for a permit, the owner shall be given a period of ten (10) days from the date of notification by registered letter, to make application for a permit.

      2. If by the end of the ten (10) days the owner does not submit a completed application to the Department of Highways, the owner shall be sent a new notice allowing him a period of thirty (30) days from the date of the second notice to remove the device.

      (b) If an advertising device previously issued a permit is changed after the device received approval from the Department of Highways, the owner shall be allowed a period of thirty (30) days from the date of notification by registered letter for making the adjustments or corrections necessary to bring the advertising device into compliance with state law or administrative regulation.

      (c) If a permit is not necessary for a particular advertising device but the advertising device is not in compliance with KRS Chapter 177 or this administrative regulation, the owner shall be allowed a period of thirty (30) days from the date of notification by registered letter for making any necessary adjustments or corrections to the advertising device.

      (d) An advertising device which is ineligible for a permit or otherwise in violation of KRS Chapter 177 or this administrative regulation shall be declared to be a public nuisance and the advertising device shall be removed by the permittee or owner within thirty (30) days after written notification that the advertising device is in violation.

      (e) If after the thirty (30) days the noncompliant advertising device remains, the Department of Highways shall notify the owner or permittee of the action which it intends to take to have the noncompliant advertising device removed or otherwise brought into compliance.

      (3) Request for reconsideration. If the permittee or owner disagrees with a notice received from the Department of Highways, within twenty (20) days of receipt of the notice, he may:

      (a) Contact the person who sent the notice to:

      1. Request reconsideration;

      2. Attempt to correct a problem with his advertising device; or

      3. Provide additional information to the Department of Highways.

      (b) File an appeal in accordance with Section 9 of this administrative regulation.

 

      Section 8. Just Compensation for the Removal of an Advertising Device. (1) Payment of just compensation shall be determined by:

      (a) An appraisal; or

      (b) A value finding;

      (2) A nonconforming advertising device shall not qualify for just compensation if it:

      (a) Is:

      1. Destroyed;

      2. Abandoned; or

      3. Discontinued;

      (b) Receives more than routine maintenance; or

      (c) Does not comply with the provisions of:

      1. Section 4(3) of this administrative regulation; or

      2. KRS 177.863.

 

      Section 9. Appeal Procedure. (1)(a) A party aggrieved by the action of the Transportation Cabinet pursuant to the provisions of this administrative regulation within twenty (20) days of the date of the notice or action may file a written appeal with the Office of General Counsel in the Transportation Cabinet, 501 High Street, Frankfort, Kentucky 40622.

      (b) The appeal shall set forth the nature of the complaint and the grounds for the appeal.

      (2) The administrative hearing and subsequent procedures shall be conducted pursuant to the provisions of KRS Chapter 13B.

 

      Section 10. Scenic Byways. (1) On any NHS, FAP, interstate, or parkway highway designated by the Transportation Cabinet as a scenic byway, additional outdoor advertising devices shall not be erected, allowed or permitted after the date of the designation of the highway as scenic.

      (2) The outdoor advertising devices legally in existence at the time of designation of the highway as scenic may continue to have routine maintenance.

      (3) The sponsor of a scenic byway application for a highway which is not an NHS, FAP, interstate, or parkway highway may petition the Transportation Cabinet to impose the outdoor advertising device restrictions set forth in this section.

      (4) The following NHS and FAP highways in Kentucky have been designated as scenic byways:

 

Milepoints

From

To

(a) Cordell Hull Highway in Barren County:

KY 70 - From I-65 overpass to KY 90.

5.118

5.359

KY 90 - From KY 70 at Cave City via Happy Valley Road to US 31E (Glasgow Bypass).

.000

9.923

US 31E - From KY 90 to US 68.

14.849

14.258

US 31EX - From US 68 to Washington Street around Courthouse Square in Glasgow.

1.386

1.516

US 68 - From US 31E to US 31EX.

11.741

12.577

(b) Old Kentucky Turnpike in Larue County:

US 31E - From the entrance to the Abraham Lincoln Birthplace National Historic Site via Hodgenville to the Nelson County Line.

7.300

20.725

(c) Old Kentucky Turnpike in Nelson County:

US 31E - From the Larue County Line to US 62 in Bardstown.

.000

14.205

US 62 - From US 31E to US 150.

14.294

14.653

US 150 - From US 62 to entrance of My Old Kentucky Home State Park.

0.000

 0.240

(d) Shakertown Road in Mercer County:

US 68 - From 1.2 miles east of Shaker Village to 1.2 miles west of Shaker Village.

15.652

13.252

(e) Duncan Hines Scenic Highway in Warren County:

KY 101 - From US 31W (south) to Edmonson County Line.

11.641

12.850

US 31W - From Duncan Hines former home to KY 446 overpass.

16.559

17.569

(f) Duncan Hines Scenic Highway in Edmonson County:

KY 101 - From Warren County Line to KY 259 at Rhoda.

0.000

4.131

KY 259 - From KY 101 at Rhoda to KY 70 (east).

9.242

12.096

KY 70 - From KY 259 (south) to KY 259 (north).

12.388

9.939

KY 259 - From KY 238 at Bee Spring to KY 738.

18.998

17.568

(g) Great River Road in Fulton County:

KY 239 - From Hickman County Line to KY 94 in Cayce.

6.379

3.617

KY 94 - From the Tennessee State Line to KY 1099 west of Hickman.

0.000

10.902

KY 94 - From KY 1099 east of Hickman to KY 239 in Cayce.

13.642

22.121

(h) Great River Road in Hickman County:

KY 239 - From Fulton County Line to KY 123.

0.000

3.753

KY 123 - From KY 239 to Proposed FAP 94 at Hailwell.

10.048

15.788

KY 123 - From Bottery Road in South Columbus to KY 58.

20.882

21.787

(i) Pine Mountain Road in Letcher County:

US 119 - From KY 15 in Whitesburg to KY 806 near Oven Fork.

17.308

9.155

(j) US 68 Segment 1 in Boyle County:

US 68 - From US 150 in Perryville to US 150 in Perryville.

7.369

7.475

(k) US 68 Segment 1 in Mercer County:

US 68 - From US 127 at Mooreland Avenue to Jessamine County Line.

6.752

20.104

(l) US 68 Segment 1 in Jessamine County:

US 68 - From Mercer County Line to 0.5 miles south of KY 1980.

0.000

10.610

(m) US 68 Segment 2 in Fayette County:

US 68 - From Swigert Avenue to Bourbon County Line.

10.565

15.767

(n) US 68 Segment 2 in Bourbon County:

US 27/68 - From Fayette County Line to US 68X in Paris.

0.000

6.765

US 68X - From 10th Street to 8th Street in Paris.

1.366

1.487

US 68X - From Paris Bypass to North Middletown Road in Paris.

2.583

2.772

US 68 - From US 68X to the Nicholas County Line.

2.360

10.814

(o) US 68 Segment 2 in Nicholas County:

US 68 - From Bourbon County Line to KY 32/36.

0.000

3.717

(p) US 68 Segment 3 in Nicholas County:

US 68 - From the Licking River Bridge to the Robertson County Line.

11.687

12.211

(q) US 68 Segment 3 in Robertson County:

US 68 - From Nicholas County Line to the Fleming County Line.

0.000

1.357

(r) US 68 Segment 3 in Fleming County:

US 68 - From Robertson County Line to the Mason County Line.

0.000

5.423

(s) US 68 Segment 3 in Mason County:

US 68 - From Fleming County Line to US 62 in Washington.

0.000

11.854

US 62 - From KY 2515 to Ohio State Line.

13.381

18.000

(t) KY 89 (US 421 in Jackson County:

US 421 - From the junction with KY 89 north to the junction with KY 89 south.

14.261

14.808

 

      Section 11. Identification of NHS and FAP Highways. The following are the FAP highway segments as designated on June 1, 1991 and the current NHS highway segments which are governed by the provisions of this administrative regulation. If in existence, a noncardinal, one (1) way couplet shall also be part of the NHS and FAP system.

 

Milepoint

From

To

(1) Adair County:

KY 55 - From Cumberland Parkway in Columbia to the Taylor County Line.

10.059

19.006

KY 80 - From KY 55 (Courthouse Square) via Burkesville RD in Columbia to KY 61 N.

11.775

12.282

KY 61 - From KY 80 in Columbia to Green County Line.

15.248

23.997

(2) Allen County:

US 231 - From US 31E northwest of Scottsville to Warren County Line.

.000

9.075

US 31E - From Tennessee State Line via Scottsville Bypass to Barren County Line.

.000

19.189

(3) Anderson County:

US 127 - From Mercer County Line to US 127 Bypass.

.000

2.535

US 127B - From US 127 south of Lawrenceburg to US 127 north of Lawrenceburg.

.000

6.656

US 127 - From US 127 Bypass to Franklin County Line.

8.897

11.120

KY 151 - From US 127 Bypass to Franklin County Line.

.000

4.587

(4) Ballard County:

US 51 - From Carlisle County Line via 4th Street in Wickliffe to Illinois State Line.

.000

8.297

US 60 - From Green Street in Wickliffe via 4th Street and Lee Street via Barlow and Kevil to McCracken County Line.

.000

16.937

KY 121 - From Carlisle County Line to 4th Street in Wickliffe.

.000

8.609

(5) Barren County:

KY 70 - From I 65 at Cave City to KY 90.

5.118

5.359

US 68 - From US 31E (South Green Street) to KY 90 at Broadway.

12.577

12.650

KY 90 - From KY 70 at Cave City via Happy Valley Road to US 31E (Glasgow Bypass).

.000

9.923

KY 90 - From US 68 (Broadway) in Glasgow to Metcalfe County Line.

9.923

22.022

US 68 - From US 31E (Glasgow Bypass) via Main Street to US 31EX (Business) (N Race).

11.741

12.577

US 31EX - From Washington Street in Glasgow via South Green Street to US 68 (E Main St).

1.384

1.461

US 31EX - From US 68 (East Main Street) via West Main Street to North Race Street.

1.461

1.516

US 31E - From Allen County Line via Glasgow Bypass to KY 90.

.000

14.849

(6) Bell County:

US 25E - From Tennessee State Line to Knox County Line.

.000

18.711

US 119 - From US 25E to Harlan County Line.

.000

15.756

KY 3085 - From KY 2014 via Old US 25E to Knox County Line.

.000

2.025

(7) Bourbon County:

US 27 - From Fayette County Line via Lexington Road and Paris Bypass to Harrison County Line.

.000

15.435

US 68 - From US 27 in Paris via Paris Bypass to Nicholas County Line.

.000

10.814

US 460 - From Scott County Line to Paris Bypass.

.000

7.696

US 68X - From 10th Street via Main Street to 8th Street in Paris.

1.366

1.487

US 68X - From Paris Bypass via Carlisle Road to North Middletown Road in Paris.

2.583

2.772

US 460 - From US 68X (Carlisle Road) via North Middletown Road to the Montgomery County Line.

9.150

21.933

KY 627 - From Clark County Line via 10th Street to US 68X (Main Street).

.000

9.511

US 460 - From US 68X (Main Street) via 8th Street to US 27 (Paris Bypass).

7.696

9.150

(8) Boyd County:

US 23 - From Lawrence County Line via Court Street in Catlettsburg, and Greenup Avenue and Winchester Avenue in Ashland to Greenup Co. Line.

.000

21.042

KY 180 - From south limits of I-64 Interchange to US 60.

.627

2.518

US 60 - From KY 180 near Cannonsburg via 13th Street to Winchester Avenue in Ashland.

4.023

12.198

US 23S - From US 60 (Winchester Avenue) via 13th Street Bridge to Ohio State Line.

.000

.591

(9) Boyle County:

KY 34 - From US 150 (Main Street) in Danville via Lexington Road to Garrard County Line.

12.406

17.770

KY 52 - From US 150 to Garrard County Line.

.000

5.114

US 127 - From Lincoln County Line to US 150 (3rd and Main Street intersection).

.000

5.440

US 127 - From US 127B near KY 2186 to Mercer County Line.

8.083

10.319

US 127B - From US 127 via the Danville Bypass to US 127 near KY 2168.

.000

5.270

US 150 - From Washington County Line to US 68 in Perryville.

.000

4.495

US 68 - From US 150 in Perryville to US 150 in Perryville.

7.369

7.475

US 150 - From US 68 in Perryville to Lincoln County Line.

4.495

18.766

US 127 - From US 150 at Maple Street Intersection via Main St. to US 150 at 3rd Street Intersection.

5.978

5.440

US 150B - From US 127 (Hustonville Road) to US 150 (Standford Road).

.000

2.272

(10) Bracken County:

KY 9 - From Mason County Line to Pendleton County Line.

.000

19.857

(11) Breathitt County:

KY 15 - From Perry County Line to Wolfe County Line.

.000

27.505

(12) Breckinridge County:

KY 259 - From Grayson County Line to KY 79.

.000

7.901

KY 79 - From KY 259 to US 60.

5.294

14.990

KY 3199 - From Hancock County Line to US 60X (Business).

.000

1.260

US 60X - From KY 3199 to US 60 west.

.000

2.500

US 60 - From US 60X (Business) via the Cloverport and Hardinsburg Bypass to the Meade County Line.

3.500

31.788

(13) Bullitt County:

US 31E - From Spencer County Line via the Harold Bradley Allgood Memorial Highway to the Jefferson County Line.

.000

5.185

(14) Caldwell County:

US 641 - From Lyon County Line to Crittenden County Line.

.000

4.269

(15) Calloway County:

KY 121 - From US 641 to Graves County Line.

14.075

24.156

US 641 - From Tennessee State Line via Murray to Marshall County Line.

.000

17.444

(16) Campbell County:

US 27 - From Pendleton County Line via new bridge to Ohio State Line.

.000

22.622

KY 8 - From the Kenton County Line to the I-471 underpass.

.000

.998

KY 1120 - From Kenton County Line to York Street.

.000

.668

KY 1998 - From US 27 to KY 8.

2.813

5.014

KY 471 - From US 27 to I-471 (Eastbound I-275 Overpasses).

.000

.729

KY 9 - From Pendleton County Line to north limits of I-275 Interchange.

.000

17.978

(17) Carlisle County:

US 51 - From Hickman County Line to proposed location of the Great River Road.

.000

10.725

US 51 - From a point on US 51 Mainline via the proposed Great River Road to the Ballard County Line.

.000

1.800

US 94 - From Hickman County Line via the proposed Great River Road to proposed US 51.

.000

9.000

KY 121 - From Graves County Line to Ballard County Line.

.000

9.714

(18) Carter County:

KY 7 - From Elliot County Line to US 60 in Grayson.

.000

10.865

KY 1 - From US 60 to KY 9.

10.646

11.934

KY 9 - From KY 1 and KY 7 to Lewis County Line.

.000

18.262

(19) Casey County:

US 127 - From Russell County Line to Lincoln County Line.

.000

23.715

(20) Christian County:

US 41A - From Tennessee State Line to end of north exit ramp of Pennyrile Parkway.

.000

13.611

US 41LP - From KY 107 to northwest urban limits of Hopkinsville at KY 91/1682.

.000

5.100

KY 3493 - From US 41A at a point south of Hopkinsville to KY 107.

.000

1.892

US 41 - From Todd County Line to southbound exit ramp of the Pennyrile Parkway.

.000

10.325

US 41 - From US 68 to US 68 in Hopkinsville.

11.909

12.441

US 68 - From Trigg County Line to Todd County Line.

.000

21.126

KY 1682 - From US 68 to Pennyrile Parkway.

.000

3.904

(21) Clark County:

KY 627 - From Madison County Line to KY 1958.

.000

6.360

KY 1958 - From KY 627 to north limits of the I-64 interchange.

.000

2.860

KY 627 - From southern limits of I-64 Interchange to Bourbon County Line.

9.154

14.812

(22) Clay County:

KY 80 - From south limits of interchange ramps of Daniel Boone Parkway to US 421.

7.101

7.537

US 421 - From KY 80 to Jackson County Line.

16.915

32.841

(23) Clinton County:

KY 90 - From Cumberland County Line to Wayne County Line.

.000

12.816

US 127 - From Tennessee State Line to Russell County Line.

.000

20.967

(24) Crittenden County:

US 60 - From Livingston County Line to Union County Line.

.000

23.018

US 641 - From Caldwell County Line to US 60.

.000

7.494

(25) Cumberland County:

KY 90 - From Metcalfe County Line to Clinton County Line.

.000

22.450

KY 61 - From Tennessee State Line to KY 90 West.

.000

13.701

(26) Daviess County:

Proposed FAP 10 - From US 60 near Maceo to Indiana State Line.

.000

3.800

US 60 - From Owensboro Beltline to US 60 (Lewisport Road).

.000

2.600

US 60 - From US 60 Bypass West of Owensboro to Hancock County Line.

10.179

27.979

US 60B - From US 60 to US 60 (Lewisport Road).

.000

10.212

US 60S - From KY 54 to Owensboro Beltline.

.000

.500

KY 54 - From US 431 (Frederica Street) east limits of US 60 Bypass Interchange.

.000

2.663

US 431 - From McLean County Line to 2nd Street.

.000

14.670

KY 2245 - From US 431 (Frederica Street) via 5th Street to US 631 (Lewis Street).

.000

.246

US 231 - From US 60 Bypass via Hartford Road, Breckinridge Street, 5th Street, Lewis Street and Ohio River Bridge to Indiana State Line.

11.243

15.721

KY 2235 - From US 60 via Triplet Street to US 60.

.000

.145

KY 1467 - From US 231 (5th Street) via Breckinridge Street and Leitchfield Road to 2nd Street.

.000

.234

(27) Edmonson County:

KY 101 - From Warren County Line to KY 259 at Rhonda.

.000

4.131

KY 259 - From KY 101 at Rhonda to KY 70 eastbound.

9.242

12.096

KY 70 - From KY 259 southbound to KY 259 northbound.

9.939

12.388

KY 259 - From KY 70 westbound to Grayson County Line.

12.096

22.692

(28) Elliott County:

KY 7 - From Morgan County Line to Carter County Line.

.000

19.312

(29) Fayette County:

US 27 - From Jessamine County Line via Nicholasville Road, South Limestone, Euclid Avenue, South Upper, Bolivar, Broadway, and Paris Pike to Bourbon County Line.

.000

15.767

US 25 - From Main Street (US 421) via Newtown Pike to KY 922 at Georgetown Street.

14.632

15.237

KY 4 - The entire length of New Circle Road.

.000

19.283

KY 922 - From US 25 (Georgetown Road) via Newtown Pike to north limits of I-75 Interchange.

.000

3.055

US 60 - From Woodford County Line to I-75

.000

12.805

US 68 - From southeast urban limits of Lexington at Jessamine County Line via Harrodsburg Road to KY 4.

.000

3.110

US 421 - From KY 4 via West Main Street to US 25.

.000

1.798

US 25 - From KY 418 via Richmond Road, East Main Street, and West Main Street to US 421.

8.244

14.632

KY 418 - From US 25 to southeast limits of I-75 Interchange.

.000

2.602

(30) Fleming County:

KY 32 - From Rowan County Line to KY 11 at a point southwest of Flemingsburg.

10.615

28.293

KY 11 - From junction with KY 32 at point southwest of Flemingsburg to Mason County Line.

10.630

17.105

US 68 - From Robertson County Line to Mason County Line.

.000

5.423

(31) Floyd County:

KY 114 - From Magoffin County Line to KY 1428 in Prestonsburg.

.000

12.430

US 23 - From Pike County Line to Johnson County Line.

.000

21.878

KY 80 - From Knott County Line to US 23.

.000

14.435

KY 1428 - From KY 114 in Prestonsburg to KY 321 in Prestonsburg.

15.605

16.091

KY 321 - From KY 1428 in Prestonsburg to KY 3 south of Auxier.

.000

4.278

KY 3 - From KY 321 south of Auxier to KY 321 near Auxier.

1.060

2.672

KY 321 - From KY 3 to Johnson County Line.

4.278

5.172

(32) Franklin County:

US 127 - From Anderson County Line via Capital Plaza-West Frankfort Connector Wilkerson Boulevard to Owen County Line.

.000

21.507

US 421 - From US 127 (Owenton Road) via Thornhill Bypass to US 460 (Georgetown Road).

3.072

4.523

KY 151 - From Anderson County Line to I-64.

.000

2.222

US 60 - From US 460 at Georgetown Road in Frankfort via Versailles Road to Woodford County Line.

10.716

14.038

US 421 - From US 127 to Henry County Line.

4.523

17.886

US 460 - From US 60 at Versailles Road in Frankfort via Georgetown RD to Scott County Line.

.000

6.114

KY 676 - From US 127 (Lawrenceburg Road) via East-West Connector in Frankfort to US 60 (Versailles Road).

.000

5.287

(33) Fulton County:

US 51 - From south limits of Purchase Parkway to Hickman County Line.

.000

5.472

KY 239 - From Hickman County Line to KY 94 in Cayce.

6.379

3.617

KY 94 - From the Tennessee State Line to KY 1099 west of Hickman.

0.000

10.902

KY 94 - From KY 1099 east of Hickman to KY 239 in Cayce.

13.642

22.121

KY 1099 - Fulton Bypass from KY 94 west of Hickman to KY 94 east of Hickman.

.000

2.966

(34) Gallatin County:

KY 35 - From Owen County Line at Sparta to I-71.

.000

2.128

(35) Garrard County:

US 27 - From Lincoln County Line to Jessamine County Line.

.000

16.510

KY 34 - From Boyle County Line to US 27.

.000

1.610

KY 1295 - From KY 52 to Madison County Line.

.000

6.928

KY 52 - From Boyle County Line to KY 954.

.000

13.476

KY 954 - From KY 52 to Madison County Line.

.000

7.564

(36) Graves County:

US 45 - From southern interchange of Purchase Parkway to McCracken County Line.

18.950

31.580

KY 80 - From Purchase Parkway via West Broadway to US 45 at 7th Street in Mayfield.

9.638

11.461

KY 58 - From US 45 at 7th Street via East Broadway to Marshall County Line.

5.530

14.881

KY 121 - From Calloway County Line via Murray Road and 5th Street to KY 58 at Broadway.

.000

10.623

US 45 - From KY 80 at Broadway via North 8th Street to KY 121 at Housman Street.

17.219

17.952

KY 121 - From US 45 (North 8th Street) via Housman Street to Carlisle County Line.

10.623

22.559

(37) Grayson County:

KY 259 - From Edmonson County Line to US 62 westbound.

.000

12.954

US 62 - From KY 259 southbound to KY 259 northbound.

20.787

21.296

KY 259 - From US 62-Eastbound to Breckinridge County Line.

12.954

21.459

(38) Green County:

KY 61 - From Adair County Line to US 68.

.000

8.194

US 68 - From KY 61 southbound to West Hodgenville Avenue in Greensburg.

11.954

13.616

KY 61 - From KY 88 north of Greensburg to Larue County Line.

9.796

24.344

(39) Greenup County:

KY 8 - From Lewis County Line to KY 8 Spur at South Portsmouth.

.000

1.956

US 23 - From Boyd County Line to south end of US Grant Bridge.

.000

28.760

KY 8 - From KY 8 Spur to US 23 at south limits of U.S. Grant Bridge in South Portsmouth.

1.956

3.023

KY 8S - From KY 8 via Carl Perkins Bridge to Ohio State Line.

.000

.610

KY 10 - From Lewis County Line to the second landward pier from river’s edge in Ohio.

.000

12.844

(40) Hancock County:

US 60 - From Daviess County Line to KY 3199 in Hawesville.

.000

10.782

KY 3199 - From US 60 in Hawesville to another junction with US 60.

.000

3.301

US 60 - From KY 3199 to Squirrel Tail Hollow Road.

13.666

14.270

KY 3199 - From another junction with US 60 to the Breckinridge County Line.

3.301

5.558

KY 69 - From US 60 at Hawesville to Indiana State Line.

13.080

13.972

(41) Hardin County:

US 31WB - From Western Kentucky Parkway to US 31W.

.202

3.704

US 31W - From US 31W Bypass to Meade County Line.

18.818

33.040

US 31W - From Meade County Line to Jefferson County Line.

33.040

37.143

KY 61 - From Larue County Line to US 31W.

.000

5.309

(42) Harlan County:

US 119 - From Bell County Line along existing and proposed routes to Letcher County Line.

.000

39.182

US 421 - From Virginia State Line to Leslie County Line.

.000

27.632

(43) Harrison County:

US 27 - From Bourbon County Line to Pendleton County Line.

.000

19.472

(44) Henderson County:

US 41 - From Pennyrile Parkway to Indiana State Line (north urban limits of Henderson).

13.414

21.193

US 41A - From Dixon Street to the northern most loop of the interchange with US 41.

13.235

17.760

US 60 - From Union County Line to US 41A (Dixon Road).

.000

10.435

KY 425 - From US 60 (Morganfield Road) via Henderson Bypass to end of the northbound ramp junction with the Pennyrile Parkway.

.000

6.201

(45) Henry County:

KY 55 - From Shelby County Line to KY 22 west in Eminence.

.000

1.408

KY 22 - From KY 55 south to KY 55 north.

7.420

7.522

KY 55 - From KY 22 east to US 421.

1.408

4.490

US 421 - From Franklin County Line to Shelby County Line at Pleasureville.

.000

6.434

US 421 - From Shelby County Line near Pleasureville to Trimble County Line.

6.434

25.144

(46) Hickman County:

US 51 - From Fulton County Line to Carlisle County Line.

.000

14.451

KY 239 - From Fulton County Line to KY 123.

0.000

3.753

KY 123 - From KY 239 to Proposed FAP 94 at Hailwell.

10.048

15.788

KY 123 - From Bottery Road in South Columbus to KY 58.

20.882

21.787

Proposed FAP 94 - From KY 123 at Hailwell along Cole and Chalk Bluff Roads to KY 123 at South Columbus.

.000

6.000

KY 58 - From KY 123 to KY 80 at Columbus.

0.573

0.761

KY 80 - From KY 58 to KY 123.

0.000

1.526

KY 123 - From KY 80 to Carlisle County Line.

21.787

22.958

(47) Hopkins County:

KY 281 - From east limits of interchange ramps of Pennyrile Parkway to US 41.

.000

.712

US 41A - From US 41 and KY 281 to Webster County Line.

.000

13.278

(48) Jackson County:

KY 30 - From Laurel County Line to Owsley County Line.

.000

20.919

US 421 - From Clay County Line to Rockcastle County Line.

.000

29.585

(49) Jefferson County:

US 31W - From Hardin County Line via Dixie Highway, Bernheim Lane, 22nd Street, Dumesnil Street and 21st Street to US 31 east at Main and 2nd Streets.

.000

22.135

US 150 - From Main Street via 21st Street and 22nd Street to I-64.

.000

.741

US 150T - From 22nd Street to 21st Street.

.000

.089

US 31 - From US 31E (Main Street) via George Rogers Clark Bridge to 0.02 mile north of 4th Street in Jeffersonville, Indiana.

.000

1.122

US 31E - From Bullitt County Line to US 31W at Main and 2nd Streets.

.000

17.987

US 42 - From Baxter Avenue to US 60.

.000

.805

US 42 - From I-264 to KY 841.

5.779

8.951

KY 841 - From US 31W at Dixie Highway via Gene Snyder Freeway to I-65.

.000

10.250

KY 841 - From I-71 ramps to US 42.

34.758

37.006

KY 1934 - From KY 1230 (Cane Run Road) to I-264.

.000

7.593

US 60 - From US 42 to Story Avenue.

.000

.123

(50) Jessamine County:

US 27 - From the Garrard County Line to Fayette County Line.

.000

15.070

US 68 - From Mercer County Line to Fayette County Line.

.000

12.060

(51) Johnson County:

US 23 - From Floyd County Line to Lawrence County Line.

.000

18.386

US 460 - From Magoffin County Line to US 23 near Paintsville.

.000

7.809

KY 321 - From Floyd County Line to US 23 north of Paintsville.

.000

9.562

KY 40 - From US 460 to KY 321.

8.741

9.293

(52) Kenton County:

KY 8 - From 4th Street to the Campbell County Line.

6.434

7.662

KY 1120 - From I-75 to Campbell County Line.

.000

1.212

(53) Knott County:

KY 15 - From Letcher County Line to Perry County Line.

.000

9.380

KY 80 - From Perry County Line to Floyd County Line.

.000

20.093

(54) Knox County:

US 25E - From Bell County Line to Laurel County Line.

.000

26.571

KY 90 - From Whitley County Line to 1.621 miles south of US 25E at KY 3041 (Proposed).

.000

2.100

KY 3041 - From 1.621 miles south of US 25E to US 25E.

.000

1.621

KY 3085 - From Bell County Line via Old US 25E to junction with US 25E.

.000

2.140

(55) Larue County:

KY 61 - From Green County Line via Hodgenville Bypass to Hardin County Line.

.000

13.603

US 31E - From KY 61 south via Hodgenville to Nelson County Line.

6.900

20.725

(56) Laurel County:

US 25E - From Knox County Line in Corbin to west limits of I-75 ramps.

.000

2.024

US 25 - From Daniel Boone Parkway in London to KY 490.

13.612

16.315

KY 490 - From US 25 to KY 30 at East Bernstadt.

.000

.877

KY 30 - From KY 490 to Jackson County Line.

1.404

9.806

KY 80 - From Pulaski County Line to the Daniel Boone Parkway and US 25 near London.

.000

11.083

KY 192 - From west ramps of I-75 to the Daniel Boone Parkway east of London.

18.190

22.041

(57) Lawrence County:

US 23 - From Johnson County Line to Boyd County Line.

.000

28.947

KY 645 - From US 23 to Martin County Line.

.000

5.205

(58) Lee County:

KY 11 - From Owsley County Line via Beattyville to Wolfe County Line.

.000

14.845

(59) Leslie County:

US 421 - From Harlan County Line via Main Street in Hyden to KY 118 (Hyden Spur).

.000

22.613

KY 118 - From US 421 in Hyden via Hyden Spur to Daniel Boone Parkway.

.000

3.524

(60) Letcher County:

KY 15 - From US 119 at Whitesburg to KY 7 North at Isom.

.000

9.230

KY 7 - From KY 15 to KY 15.

13.497

14.157

KY 15 - From KY 7 South in Isom to Knott County Line.

9.230

10.675

US 23 - From Virginia State Line along existing and proposed alignment to Pike County Line.

.000

7.070

US 119 - From Harlan County Line to proposed US 23 near Virginia State Line.

.000

27.798

(61) Lewis County:

KY 9 - From Carter County Line to Mason County Line.

.000

31.218

KY 8C - From KY 10 to KY 8 south of Quincy.

.000

.127

KY 8 - From KY 8C south of Quincy to Greenup County Line.

28.575

36.910

KY 10 - From KY 9 Greenup County Line.

6.788

19.834

(62) Lincoln County:

US 27 - From Pulaski County Line via Stanford to Garrard County Line.

.000

21.982

US 127 - From Casey County Line via Hustonville to Boyle County Line.

.000

10.847

US 150 - From Boyle County Line to US 150 Bypass.

.000

4.347

US 150B - From US 150 to US 150.

.000

3.522

US 150 - From US 150/US 150 Bypass near Preacherville Road to Rockcastle County Line.

8.705

19.665

(63) Livingston County:

US 60 - From McCracken County Line via Smithland, Burna, and Salem to Crittenden County Line.

.000

29.059

US 62 - From Marshall County Line via Lake City to Lyon County Line.

.000

2.854

(64) Logan County:

US 79 - From Todd County Line via Clarksville Road and 9th Street to US 431 North.

.000

12.135

US 68 - From Todd County Line via Hopkinsville Road, 4th Street and Franklin Street to Warren County Line.

.000

26.567

US 431 - From Tennessee State Line to Muhlenberg County Line.

.000

31.898

US 68X - From US 68 west of Auburn via Old US 68 to US 60 east of Auburn.

.000

3.035

KY 3172 - From KY 73 via Old US 68 to Warren County Line.

.000

2.515

(65) Lyon County:

US 62 - From Livingston County Line to US 641 at Fairview.

.000

10.465

US 641 - From US 62 at Fairview to Caldwell County Line.

.000

5.715

(66) McCracken County:

US 45 - From Graves County Line via Lone Oak Road and Jackson Street to US 60 East (Jackson Street).

.000

10.820

US 60 - From Ballard County Line via Hinkleville Road and Park Avenue to US 45 (28th Street) at Laclede.

.000

13.544

US 60 - From US 45 (28th Street) via Jackson Street, 21st Street, Beltline Highway, and Division Street to the Livingston County Line.

13.544

20.028

US 62 - From US 60 to US 68.

12.881

15.513

US 68 - From US 62 to Marshall County Line.

.000

2.677

(67) McCreary County:

US 27 - From Tennessee State Line to Pulaski County Line.

.000

22.252

KY 90 - From US 27 to Whitley County Line.

.000

11.920

(68) McLean County:

US 431 - From Muhlenberg County Line to Daviess County Line.

.000

11.573

(69) Madison County:

KY 1295 - From Garrard County Line to KY 52.

.000

4.529

KY 52 - From KY 1295 via Lancaster Avenue to KY 876.

5.444

10.910

KY 954 - From Garrard County Line to KY 21.

.000

.139

KY 21 - From KY 954 via Lancaster Road and Chestnut Street in Berea to US 25 at Mt. Vernon Road.

6.176

9.115

US 25 - From KY 21 West via Chestnut Street in Berea to KY 21 East.

2.863

3.810

KY 21 - From US 25 at Estill Street via Prospect Street and Big Hill Road in Berea to US 421.

9.115

14.196

KY 876 - From west limits of I-75 interchange in Richmond to KY 52 (Irvine Road).

7.097

10.755

US 25 - From US 421 via Big Hill Avenue to KY 876.

11.960

15.500

US 421 - From US 25 to Rockcastle County Line.

.000

13.031

US 421S - From KY 52 (Irvine Road) to north urban limits of Richmond at US 25.

.000

3.900

US 25 - From proposed Richmond Bypass to northwest limits of I-75 interchange at Richmond.

19.188

20.158

KY 627 - From US 25 west of I-75 to Clark County Line.

.000

6.118

(70) Magoffin County:

KY 114 - From US 460 to Floyd County Line.

.000

5.026

US 460 - From Morgan County Line to Johnson County Line.

.000

20.426

(71) Marion County:

US 68 - From Taylor County Line to KY 55 (Walnut St.).

.000

10.690

KY 55 - From US 68 (Main Street) via Walnut Street to KY 49 (St. Marys Road).

.000

.389

KY 49 - From KY 55 (St. Marys Road) via Walnut Street to KY 49 (Proctor Knott Avenue).

17.815

17.968

KY 55 - From KY 55 (Proctor Knott Avenue) via Walnut and Spalding Avenue to Washington County Line.

.389

4.669

(72) Marshall County:

KY 58 - From Graves County Line to KY 80.

.000

2.156

KY 80 - From KY 58 to US 68.

.000

16.926

US 68 - From McCracken County Line to Trigg County Line.

.000

28.085

US 641 - From Calloway County Line to US 62.

.000

19.422

US 62 - From I-24 to Livingston County Line.

8.805

12.081

US 641S - From US 641 to Purchase Parkway.

.000

3.519

KY 348 - From Purchase Parkway to US 641.

7.448

8.325

(73) Martin County:

KY 645 - From KY 40 at a point west of Inez Bypass to KY 3 northbound south of Inez.

4.682

6.605

KY 3 - From KY 645 westbound via Inez Bypass to KY 645 eastbound.

9.709

10.019

KY 645 - From KY 3 southbound via Inez Bypass to KY 40 southeast of Inez.

6.605

7.632

KY 40 - From KY 645 southeast of Inez to West Virginia State Line.

11.900

20.280

KY 645 - From Lawrence County Line to KY 40 at a point west of Inez.

.000

4.682

(74) Mason County:

KY 11 - From Fleming County Line to KY 9.

.000

8.452

US 68 - From Fleming County Line to US 62 in Washington.

.000

11.854

US 62 - From US 68 in Washington via Lexington Road, Forest Avenue, and Aberdeen Bridge to Ohio State Line.

12.672

18.000

KY 9 - From Lewis County Line to Bracken County Line.

.000

19.554

KY 546S - From KY 9 to Ohio State Line via proposed New Bridge.

.000

4.600

(75) Meade County:

US 31W - From Hardin County Line to Hardin County Line.

.000

3.827

US 60 - From Breckinridge County Line to US 31W.

.000

15.644

KY 144 - From US 60 to KY 448 near Buck Grove.

25.390

28.665

KY 448 - From KY 144 to KY 1051 (Brandenburg Bypass).

.000

4.392

KY 1051 - From KY 448 via Brandenburg Bypass to KY 79.

.000

2.218

KY 79 - From KY 1051 via Brandenburg Bypass to Indiana State Line.

8.237

9.912

(76) Menifee County:

US 460 - From Montgomery County Line to Morgan County Line.

 .000

19.750

(77) Mercer County:

US 127 - From Boyle County Line via Danville Road to US 68.

.000

4.402

US 68 - From US 127 at Mooreland Avenue to Jessamine County Line.

6.752

20.104

US 127 - From US 68 to Anderson County Line.

4.402

17.150

(78) Metcalfe County:

KY 90 - From Barren County Line to Cumberland County Line.

.000

11.719

(79) Montgomery County:

US 460 - From Bourbon County Line to KY 686 (Mount Sterling Bypass).

.000

8.281

KY 686 - From US 460 (Maysville Road) via Mount Sterling Bypass to US 460 (Frenchburg Road) at south urban limits of Mount Sterling.

.000

3.460

US 460 - From south urban limits of Mount Sterling to Menifee County Line.

10.702

22.151

(80) Morgan County:

KY 7 - From US 460 in West Liberty to Elliot County Line.

.000

11.683

KY 203 - From Wolfe County Line to US 460.

.000

3.761

US 460 - From Menifee County Line via West Liberty to Magoffin County Line.

.000

28.634

(81) Muhlenberg County:

US 431 - From Logan County Line to McLean County Line.

.000

27.779

(82) Nelson County:

US 31E - From Larue County Line via New Haven Road, Cathedral Street, and Stephen Foster Avenue to Spencer County Line.

.000

27.588

US 62 - From US 31E to US 150.

14.294

14.653

US 150 - From US 62 to Washington County Line.

.000

7.682

(83) Nicholas County:

US 68 - From Bourbon County Line to Robertson County Line.

.000

12.211

(84) Owen County:

US 127 - From Franklin County Line to KY 35 at Bromley.

.000

24.687

KY 35 - From US 127 to Gallatin County Line.

.000

4.132

(85) Owsley County:

KY 30 - From Jackson County Line to KY 11-North.

.000

11.206

KY 11 - From KY 30 to Lee County Line.

14.227

17.307

(86) Pendleton County:

US 27 - From Harrison County Line to Campbell County Line.

.000

19.422

KY 9 - From Bracken County Line to Campbell County Line.

.000

4.339

(87) Perry County:

KY 15 - From Knott County Line at Vicco to Breathitt County Line.

 .000

25.179

KY 80 - From KY 15 to Knott County Line.

7.910

15.862

(88) Pike County:

US 23 - From Letcher County Line along proposed and existing alignments to Floyd County Line.

 .000

35.123

US 119 - From US 23 north of Pikeville to West Virginia State Line.

.000

29.748

US 460 - From US 23 north of Shelbiana to Virginia State Line.

.000

24.865

(89) Powell County:

KY 11 - From Wolfe County Line to Mountain Parkway.

.000

3.504

(90) Pulaski County:

US 27 - From McCreary County Line to Lincoln County Line.

 .000

30.693

KY 80B - From US 27 to KY 80.

.000

2.315

KY 80 - From KY 80 Bypass to Laurel County Line.

21.636

40.393

KY 90 - From Wayne County Line to US 27.

.000

4.169

KY 461 - From KY 80 to Rockcastle County Line.

.000

8.441

(91) Robertson County:

US 68 - From Nicholas County Line to Fleming County Line.

.000

1.357

(92) Rockcastle County:

US 150 - From Lincoln County Line to US 25 in Mount Vernon.

.000

10.511

US 25 - From I-75 to US 150.

11.764

13.882

US 421 - From Jackson County Line to Madison County Line.

.000

.601

KY 461 - From Pulaski County Line to US 25.

.000

9.404

US 25 - From KY 461 to I-75.

15.018

15.678

(93) Rowan County:

KY 32 - From Fleming County Line to south limits of I-64 interchange.

.000

5.784

(94) Russell County:

US 127 - From Clinton County Line to Casey County Line.

.000

26.998

(95) Scott County:

US 460 - From Franklin County Line to proposed Georgetown Bypass near Great Crossings.

.000

7.100

Proposed Georgetown Bypass - From US 460 Mainline near Great Crossings to US 25.

.000

3.400

US 460B - From US 25 via US 460 (Georgetown Bypass) to US 62/US 460.

.000

2.891

US 460 - From US 62/US 460B to Bourbon County Line.

8.583

15.421

(96) Shelby County:

KY 55 - From I-64 via Taylorsville Road to US 60

6.246

7.898

KY 55 - From KY 43/KY 2268 to Henry County Line.

9.131

17.850

US 60 - From KY 55 South (Taylorsville Road) via Midland Trail and Main Street to KY 55 North (Boone Station Road).

8.589

11.398

KY 2268 - From south end of Clear Creek Bridge via 7th Street and Pleasureville Road to KY 55.

0.000

1.308

KY 53 - From I-64 to US 60 (Frankfort Road) via Mt Eden Road.

6.188

7.978

US 421 - From Henry County Line to Henry County Line.

.000

.661

(97) Simpson County:

US 31W - From south limits of I-65 Interchange to KY 100.

2.300

6.252

KY 100 - From US 31W Mainline to the I-65 ramps east of I-65.

9.675

12.875

(98) Spencer County:

US 31E - From Nelson County Line to Bullitt County Line.

.000

2.433

(99) Taylor County:

KY 55 - From Adair County Line to US 68 (Broadway).

.000

10.293

US 68 - From KY 55 via Broadway to Marion County Line.

4.939

13.600

(100) Todd County:

US 41 - From Tennessee State Line to Christian County Line.

.000

12.458

US 79 - From Tennessee State Line to Logan County Line.

.000

10.606

US 68 - From Christian County Line to Logan County Line.

.000

14.060

(101) Trigg County:

US 68 - From Marshall County Line to Christian County Line.

.000

28.115

US 68X - From US 68 west of Cadiz to US 68 east of Cadiz.

0.000

4.519

KY 3468 - From US 68 east of Cadiz via Old US 68 to US 68 west of I-24.

0.000

2.840

(102) Trimble County:

US 421 - From Henry County Line to US 42 South.

.000

6.704

US 42 - From US 421 South in Bedford to US 421 North in Bedford.

8.078

8.249

US 421 - From US 42 North to Indiana State Line.

6.704

19.287

(103) Union County:

KY 56 - From Illinois State Line to proposed Morganfield Bypass.

.000

11.600

KY 56 - From existing US 56 via proposed Bypass to US 60.

.000

1.400

US 60 - From Crittenden County Line to proposed Morganfield Bypass.

.000

15.500

US 60 - From existing US 60 via proposed Bypass to US 60 east of Morganfield.

.000

2.900

US 60 - From proposed Bypass east of Morganfield to Henderson County Line.

18.100

26.069

KY 109 - From Webster County Line to US 60.

.000

1.536

(104) Warren County:

KY 101 - From I-65 to US 31W.

7.861

11.641

US 31W - From KY 101 south to KY 101 north.

27.869

28.557

KY 101 - From US 31W to Edmonson County Line.

11.641

12.850

US 68 - From Logan County Line to US 31W.

.000

13.060

US 31W - From US 68 to KY 446 Overpass.

14.670

17.569

KY 446 - From US 31W to I-65.

.000

1.090

KY 880 - From KY 185 to US 68.

.000

5.128

KY 185 - From KY 880 to US 68.

.000

.292

US 231 - From Allen County Line to I-65.

.000

9.106

KY 3172 - From Logan County Line via Old US 68 to KY 240.

.000

0.300

(105) Washington County:

KY 55 - From Marion County Line to US 150.

.000

4.551

KY 555 - From US 150 to north end of Bluegrass Parkway Interchange.

.000

14.738

US 150 - From Nelson County Line to Boyle County Line.

.000

21.359

(106) Wayne County:

KY 90 - From Clinton County Line to Pulaski County Line.

.000

25.235

(107) Webster County:

US 41A - From Hopkins County Line to KY 670.

.000

1.324

KY 670 - From US 41A to KY 109.

.000

2.712

KY 109 - From KY 670 to Union County Line.

2.876

14.664

(108) Whitley County:

KY 90 - From McCreary County Line to US 25W.

.000

8.328

US 25W - From KY 90 to east limits of I-75 ramps.

22.183

29.677

KY 90 - From US 25W along proposed alignment to Knox County Line.

.000

2.000

(109) Wolfe County:

KY 15 - From Breathitt County Line to KY 191.

.000

9.515

KY 15S - From KY 15 to westbound land of Mountain Parkway.

.000

1.054

KY 11 - From Lee County Line to Powell County Line.

.000

5.317

KY 191 - From KY 15 Spur to KY 203.

.000

10.342

KY 203 - From KY 191 to Morgan County Line.

.000

1.323

(110) Woodford County:

US 60 - From Franklin County Line to Fayette County Line.

.000

13.039

 

      Section 12. No Encroachment Permits for Vegetation Control. An encroachment permit shall not be issued pursuant to the provisions of 603 KAR 5:150 for the clearing or trimming of vegetation on state-owned right-of-way which is in front of an outdoor advertising device.

 

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

      (a) "The FHWA/Kentucky Agreement for the Control of Outdoor Advertising" between the Kentucky Department of Highways and the Federal Highway Administration, executed December 23, 1971; and

      (b) "Application for an Advertising Device Permit," Form TC 99-31, October 1997 edition;

      (c) "Measurement of Commercially or Industrially Developed Area," a Transportation Cabinet document effective March 1997.

      (2) Material incorporated by reference as a part of this administrative regulation may be viewed, copied, or obtained from the Transportation Cabinet, Permits Branch, 11th Floor, State Office Building, 501 High Street, Frankfort, Kentucky 40622. The telephone number is (502) 564-4105. The business hours are 8 a.m. to 4:30 p.m. eastern time on weekdays.]

 

NANCY ALBRIGHT, Deputy State Highway Engineer

MIKE HANCOCK, Secretary

D. ANN DANGELO, Office of Legal Services

      APPROVED BY AGENCY: April 14, 2014

      FILED WITH LRC: April 15, 2014 at 10 a.m.

      CONTACT PERSON: D. Ann DAngelo, Asst. General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 564-7650, fax (502) 564-5238.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

      Contact Person: Ann DAngelo

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the requirements for the erection and maintenance of static advertising or billboard devices.

      (b) The necessity of this administrative regulation: This regulation is necessary to inform the public of the permit requirements for static billboards.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 177.860 requires the cabinet to promulgate administrative regulations to set reasonable standards for advertising devices. 23 U.S.C. 131 ("The Highway Beautification Act") requires the state to maintain effective control over outdoor advertising devices or risk losing its apportionment of federal aid highway funds.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will clarify and update the procedures involved in the permitting, and maintenance of static advertising devices.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment allows a potential permittee to "swap" a number of non-conforming billboards in exchange for permitting a new, off-premise, static advertising device on interstates and parkways (where allowed under federal law) and NHS and FAP highways. The amendment also contains a provision for appealing an adverse Cabinet decision under KRS Chapter 13B. A penalty for willful violation is also included.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to update the permit requirements for static billboard devices to bring them into conformity with 23 U.S.C. 131.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment prescribes standards that pertain to the objectives set forth in KRS 177.850.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment updates the permit requirements.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation affects persons wishing to erect static billboards.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Persons wishing to erect new static billboards will have to file a permit application.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no fees involved with this administrative regulation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): These requirements insure conformity in the erection of static billboard devices.

      (5) Provide an estimate of how much it will cost the administrative body to implement the administrative regulation: There are no known costs associated with the amendments to this administrative regulation.

      (a) Initially: N/A

      (b) On a continuing basis: N/A

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: No additional funding is required.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There is no need for the cabinet to increase fees or funding.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fees are established by this regulation either directly or indirectly.

      (9) TIERING: Is tiering applied? No. Tiering is not applied. All persons wishing to erect a static advertising device will have to apply for a permit.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation impacts the Cabinet’s Department of Highways, Division of Maintenance.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 176.860 and 23 U.S.C. 131

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. There will not be any effect on the expenditures of a state or local agency.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will not generate additional revenue.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will not generate additional revenue.

      (c) How much will it cost to administer this program for the first year? No funding increase to implement the administrative regulation will be required.

      (d) How much will it cost to administer this program for subsequent years? No subsequent administrative costs are anticipated.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+-)

      Expenditures (+-)

      Other Explanation:

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1. Federal statute or regulation containing the federal mandate. 23 U.S.C. 131, 23 C.F.R. Part 750, and the Bonus Agreement entered into by the Federal Highway Administration (FHWA) and the Kentucky Department of Highways.

      2. State compliance standards. Outdoor advertising advices are controlled on interstates, parkways, national highway system, and federal-aid primary highways. Erection of new outdoor advertising devices adjacent to or visible from a scenic highway are prohibited.

      3. Minimum or uniform standards contained in the federal mandate. Outdoor advertising devices are to be controlled on interstates, parkways, national highway system, and federal-aid primary highways. No new outdoor advertising devices are allowed on scenic highways.

      4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements than those required by the federal mandate? Yes.

      5. Justification for the imposition of the stricter standard or additional or different responsibilities or requirements. In 1961, Kentucky entered into a Bonus Agreement with FHWA. Per the agreement, Kentucky placed stricter controls on outdoor advertising devices in exchange for approximately $2.5 million in federal bonus payments. Violation of the agreement could cause those funds to be repaid to the federal government.