TRANSPORTATION CABINET

Department of Highways

Division of Maintenance

(Amended After Comments)

 

      603 KAR 10:020. Electronic advertising devices.

 

      RELATES TO: KRS 177.572-177.576, 177.830-177.890, 177.990(2)

      STATUTORY AUTHORITY: KRS 177.860, 23 U.S.C. 131

      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 electronic advertising devices.

 

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

      (2) An off-premise electronic advertising device upon or within 660 feet of the right-of-way of an interstate, parkway, national highway system, or federal-aid primary highway 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;

      3. Is located in an urbanized protected area; and

      4. Complies with this administrative regulation.

      (3) An on-premise electronic advertising device that complies with this administrative regulation may be erected:

      (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) An electronic 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 an electronic 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) Is erected or maintained upon a tree;

      (i) Is erected upon or overhanging the right-of-way;

      (j) Has a face larger than 450 square feet;

      (k) Has more than one (1) face per facing; or

      (l) Is a nonbillboard off-premise electronic advertising device.

      (6) The following criteria shall apply to an off-premise electronic advertising device located in an urbanized protected area.

      (a) An off-premise electronic advertising device shall not be erected:

      1. If visible from an on-ramp;

      2. Within 500 feet of a lane reduction;

      3. Within 500 feet of an at-grade intersection;

      4. Within 2,500 feet of a scenic strip or site; or

      5. Where vegetation has been removed by permit from right-of-way within ten (10) years and within 1,000 feet of the proposed electronic advertising device[; or

      6. In a high vehicular accident area as determined by the cabinet and supported by a traffic engineering study].

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

      (c) An off-premise electronic advertising device shall not contain extensions to the face.

      (d) The name of the owner of an off-premise electronic 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.

      (e)[The maximum height of an off-premise electronic advertising device shall be fifty (50) feet from the ground surface to the top of the structure.

      (f)] To establish an urbanized 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.

      (f)[(g)] The message on an off-premise electronic advertising device shall:

      1. Be static for at least eight (8) seconds;

      2. Change from one message to another in less than two (2) seconds;

      3. Not exceed a luminance of 250 nits during daylight hours or 100 nits during nighttime hours;

      4. Not blink, scroll, or contain animation or video; and

      5. Be programmed to freeze in a static display if a malfunction occurs.[(h) An off-premise electronic advertising device shall not consume electricity from an external source.]

      (7) The following criteria shall apply to a nonconforming off-premise electronic advertising device located in a protected area.

      (a) A non-conforming electronic 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 non-conforming electronic 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 non-conforming 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 outlined above shall subject the owner of the non-conforming electronic advertising device to action pursuant to Section 5 of this administrative regulation.

      (f) The following shall be considered non-routine maintenance to a non-conforming electronic 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 an 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 bracing, guy wires, or other reinforcement;

      5. A change in the location of the structure; or

      6. A change in the direction of the face.

      (g) Performance of nonroutine maintenance on a nonconforming electronic 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 following criteria shall apply to an on-premise electronic advertising device located in an on-premise protected area.

      (a) An on-premise electronic advertising device shall not exceed 672[450] square feet 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 electronic 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 electronic advertising device shall be located on the property and within 400 feet from the activity boundary line.

      (d) No more than one (1) on-premise electronic advertising device or one (1) on-premise static 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 electronic 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 electronic 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 electronic 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 electronic 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.

      (i) The following shall apply to the message on an on-premise electronic advertising device:

      1. Electronic advertising device display features and functions are permitted, except for flashing and full motion video or film display via an electronic file imported into the electronic advertising device software or streamed in real time into the electronic advertising device which are prohibited.

      2. The message shall not exceed a luminance of 250 nits during daylight hours or 100 nits during nighttime hours.

      3. 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 electronic advertising device, with all segments of the total message to be displayed within eight (8) seconds.

      4. A message consisting of one (1) segment may remain on the electronic advertising device for an amount of time in excess of two (2) seconds.

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

      6. A display traveling horizontally across the electronic advertising device shall move between sixteen (16) and thirty-two (32) light columns per second.

      7. A display may scroll onto the electronic advertising device but shall hold for two (2) seconds including the scrolling time.

 

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

      (2) If 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 electronic advertising device located in an urbanized protected area of an interstate or parkway shall be permitted by the department.

      (3) No permit shall be issued unless an off-premise electronic advertising device:

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

      (b) Is erected or maintained in an urbanized 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 pursuant to 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 six (6) off-premise advertising devices as established in subsection (4) of this section.

      (4)(a) Six (6) off-premise advertising devices located in a protected area shall be removed prior to receiving a permit and prior to erecting an electronic advertising device.

      (b) A permittee shall receive a conditional permit until the six (6) off-premise advertising devices are removed pursuant to paragraph (a) of this subsection.

      (c) The six (6) off-premise advertising devices to be removed shall be identified in the permit application.

      (d) If the permittee does not own six (6) 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 devices located on an interstate or parkway; or

      3. Legal, illegal, or nonconforming 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 electronic advertising device may be reclassified as a non-conforming electronic advertising device pursuant to Section 5 of this administrative regulation.

      (6) An off-premise electronic advertising device visible from an interstate or parkway shall not be erected within 2,500 feet of another off-premise electronic advertising device.

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

      (8) 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 electronic 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 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. Electronic Advertising Devices on National Highway System and Federal-Aid Primary Highways. (1) The requirements of this section shall apply to an electronic advertising device visible from a national highway system or federal-aid primary highway.

      (2) If 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-premise electronic advertising device shall be permitted by the department.

      (3) An off-premise electronic advertising device is 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, national park; or

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

      (4) A permit shall not be issued unless an off-premise electronic advertising device meets the following criteria:

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

      (b) Is erected and maintained in an urbanized 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 off-premise electronic advertising device as established 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 six (6) advertising devices pursuant to subsection (5) of this section.

      (5)(a) Six (6) off-premise advertising devices located in a protected area shall be removed prior to receiving a permit and prior to erecting an electronic advertising device.

      (b) A permittee shall receive a conditional permit until the six (6)     (d) If the permittee does not own six (6) 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 or a federal-aid highway; or

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

      (6) To measure the correct distance for an off-premise electronic 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) Spacing per visible direction of travel between electronic off-premise advertising devices shall be 2,500 feet.

 

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

      (2) A permit shall be required from the department for an off-premise electronic advertising device located in an urbanized protected area.

      (3) An 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 electronic advertising device permit shall be made on a completed Application for Off-Premise Advertising Device, TC Form 99-31.

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

      (6) A permittee shall submit a biennial renewal to the department. 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.

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

      (b) If an off-premise electronic advertising device no longer meets the permit requirements of this administrative regulation, the permittee may request a conditional renewal in order 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 non-conforming electronic advertising device.

      (8) A renewal submittal for an electronic 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.

      (9) Failure to submit a renewal by the deadline outlined in subsection (8) 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.

      (10) An electronic 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 an electronic advertising device shall be submitted on a completed Advertising Device Ownership Transfer, TC Form 99-205.

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

      (12) An off-premise electronic 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 canceled.

      (13) An on-premise electronic 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 electronic advertising device by certified letter that the 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 electronic advertising device shall be converted to a static face and the department may proceed to take legal action.

      (4) If the owner receives a certified notice for a nonconforming off-premise electronic 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 designation of a scenic highway by the Transportation Cabinet, no additional off-premise electronic advertising devices shall 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 regulations for off-premise electronic advertising devices located on scenic byways as those located on scenic highways.[(3) Only routine maintenance shall be performed on an off-premise electronic advertising device legally in existence on the date of the scenic highway designation.]

 

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

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

      (3) The department shall deny the owner of an off-premise electronic advertising device erected without a permit an electronic advertising permit for up to fifteen (15) years.

 

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

      (a) "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;

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

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

      (d) "Advertising Device Ownership Transfer", TC-205, December, 2013; and

      (e) 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.

      (3) This material is also available on the cabinet's Web site at http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx.

 

NANCY ALBRIGHT, Deputy State Highway Engineer

MIKE HANCOCK, Secretary

      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 new administrative regulation establishes standards for the erection of outdoor electronic advertising devices.

      (b) The necessity of this administrative regulation: This regulation is necessary to ensure conformity in the erection of electronic advertising devices.

      (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 establish the procedures involved in permitting and maintenance of electronic 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 is a new administrative regulation.

      (b) The necessity of the amendment to this administrative regulation: N/A

      (c) How the amendment conforms to the content of the authorizing statutes: N/A

      (d) How the amendment will assist in the effective administration of the statutes: N/A

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

      (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 an outdoor electronic advertising device will have to file an application for a permit.

      (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. However, this regulation permits the erection of electronic billboards and allows a potential permittee to "swap" a number of non-conforming billboards in exchange for permitting a new, off-premise electronic advertising device on interstates and parkways (where allowed by federal law) and NHS and FAP highways.

      (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 electronic advertising 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:

      (b) On a continuing basis:

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