Ark. Code Ann. § 27-74-204 (2026)
Permitted advertising
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With the exception of and excluding those highways, or portions of highways, which are designated by the State Highway Commission as scenic byways, nothing contained in this chapter shall prohibit the erection and maintenance of outdoor advertising signs, displays, and devices consistent with customary use within six hundred sixty feet (660') of the nearest edge of the right-of-way of interstate, primary, and other state highways designated by the commission:
- Within those areas which are zoned industrial or commercial under authority of the laws of this state; or
- Within those unzoned commercial or industrial areas which may be determined by agreement between the commission and the United States Secretary of Transportation.
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Neither shall these prohibitions apply to signs, displays, and devices:
- Advertising the sale or lease of property upon which they are located;
- Advertising activities conducted on the property upon which they are located;
- Which locate, identify, mark, or warn of the presence of pipelines, utility lines, or rail lines, and appurtenances thereto, including, but not limited to, markers used in maintenance, operation, observation, and safety; and
- Granted an exemption by the United States Secretary of Transportation pursuant to 23 U.S.C. § 131(o).
- The erection of outdoor advertising signs, displays, and devices along a scenic byway shall be limited to those permitted by 23 U.S.C. § 131(c).
History. Acts 1967, No. 640, Art. 1, § 5; 1977, No. 386, § 3; A.S.A. 1947, § 76-2506; Acts 1993, No. 554, § 2; 1993, No. 691, § 2.
Research References
ALR.
Regulation of Digital Billboards. 5 A.L.R.7th Art. 8 (2015).
Case Notes
Constitutionality.
The exemption from regulation of those areas which were already heavily commercialized or industrialized did not deny equal protection to plaintiffs in agricultural areas because the classification to preserve pastoral scenery and eliminate disharmonious advertising had a substantial, fair, and reasonable relation to the object of the Highway Beautification Act, § 27-74-101 et seq.Yarbrough v. Ark. State Hwy. Comm'n, 260 Ark. 161, 539 S.W.2d 419 (1976).
Construction.
Subsection (a) of this section and Ark. Reg. for the Control of Outdoor Adver. on Ark. Highways 1(H)(2), when construed together, prohibit billboards in areas where, although a commercial use existed, there also existed a predominantly residential use. Lamar Outdoor Adver. v. Ark. Highway & Transp. Dep't, 86 Ark. App. 279, 184 S.W.3d 461 (2004).
Applicability.
Advertising company's request to erect highway billboard on commercial property was properly denied where property was located in a residential subdivision, predominately residential, and subject to a bill of assurance limiting it to residential use. Lamar Outdoor Adver. v. Ark. Highway & Transp. Dep't, 86 Ark. App. 279, 184 S.W.3d 461 (2004).
Arkansas Highway and Transportation Department's decision to deny the sign company's application for a billboard sign permit was proper as the proposed site was not located in a zoned or unzoned commercial or industrial area as required by subsection (a) of this section and the Regulations for Control of Outdoor Advertising on Arkansas Highways. Seiz Co. v. Ark. State Highway Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336 (2009), rehearing denied, — Ark. —, — S.W.3d —, 2009 Ark. LEXIS 581 (Sept. 10, 2009).
Denial of Permit Upheld.
Substantial evidence supported the State Highway Commission's decision upholding the Arkansas State Highway and Transportation Department's denial of an outdoor advertiser's application for a permit to convert an existing billboard to an electronic message device given the deference owed to the Department's interpretation of the regulations adopted under the Arkansas Highway Beautification Act, § 27-74-101 et seq., and there was evidence from which to determine that the activity at the proposed sign site was transitory or temporary in nature and that the activity was not visible from the interstate. Ark. State Highway & Transp. Dep't v. RAM Outdoor Advertising, 2015 Ark. App. 713, 479 S.W.3d 51 (2015).
Permit Required.
Rotating billboard sign was unlawfully maintained where advertisers failed to obtain the appropriate permit on or after October 1, 1972, as required by state regulation. Arkansas State Hwy. & Transp. Dep't v. Kidder, 326 Ark. 595, 933 S.W.2d 794 (1996).
Outdoor advertising company's failure to timely renew its permits for nonconforming billboards under subsection (b) of this section properly resulted in the denial of the permits. New permits could not be issued because the Arkansas State Highway and Transportation Department's agreement with the federal government would not allow it to grant new Class B permits for signs along a scenic byway, pursuant to 23 U.S.C.S. § 131(g) and subsection (c) of this section. Lamar Co., LLC v. Ark. State Highway & Transp. Dep't, 2011 Ark. App. 695, 386 S.W.3d 670 (2011).
Zoning.
The State Highway and Transportation Department's may review limited commercial zoning decisions relating to outdoor advertising to determine validity; this fosters the purposes of this chapter and assures compliance with federal law. Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).
State zoning actions that are created primarily to permit outdoor advertising structures will not be recognized as valid for outdoor advertising control purposes. Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).
Denial of the company's application for a permit to erect an electronic billboard was appropriate pursuant to the Arkansas Highway Beautification Act, §§ 27-74-101 to 27-74-502, because the property was not zoned commercial or industrial under subsection (a) of this section. Ark. State Highway & Transp. Dep't v. Lamar Advantage Holding Co., 2011 Ark. 195, 381 S.W.3d 787 (2011).