Arkansas Code Annotated

Ark. Code Ann. § 27-74-211 (2020)

Rules — Adoption and promulgation

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. After survey to determine existing outdoor advertising structures in this state and after public hearing, the State Highway Commission shall determine customary use in the display of outdoor advertising in this state with regard to size, lighting, and spacing in areas zoned commercial or industrial and in unzoned areas used for commercial or industrial purposes.
  2. The definition of an unzoned commercial or industrial area shall be determined by agreement between the commission and the United States Secretary of Transportation but shall be no more restrictive than that required by Title 23 of the United States Code. The commission shall then adopt and promulgate rules governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the purview of this chapter, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this chapter consistent with customary usage, the purposes of this chapter, and in agreement with the United States Secretary of Transportation.
  3. In the event that federal statutes, rules, or regulations conflict with the provisions of §§ 27-74-210 — 27-74-212 or rules promulgated thereunder, the commission is authorized to promulgate rules necessary to comply with federal law after first obtaining the advice of the Legislative Council thereon while pursuing, insofar as possible, the legitimate objectives of those sections.

History. Acts 1967, No. 640, Art. 1, § 4; 1979, No. 735, § 4; A.S.A. 1947, §§ 76-2505, 76-2505.6; Acts 2019, No. 315, § 3171.

Amendments. The 2019 amendment substituted “rules” for “regulations” in the second sentence of (b); and, in (c), substituted the second occurrence of “rules” for “regulations” and deleted “and regulations” following “promulgate rules”.

U.S. Code. Control of outdoor advertising, 23 U.S.C. § 131.

Case Notes

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).

Cited: Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).

Notes of Decisions
Cited in 2 cases, 2004–2009 · leading case: Seiz Co. v. Arkansas State High. & Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336.
Seiz Co. v. Arkansas State High. & Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336. · cites it 7× “In addition, appellant contends that to apply the exclusion as the AHTD has done would make the definition of an unzoned commercial or industrial area more restrictive than the federal standard, which would violate § 27-74-211.”
Lamar Outdoor Advert. v. Arkansas High. & Transp. Dep't, 184 S.W.3d 461 (Ark. Ct. App. 2004). · cites it 4× “Arkansas Code Annotated section 27-74-211(b) *469 states that the definition of an unzoned commercial area "shall be determined by an agreement between the commission and the Secretary of Transportation.”
Ark. Code Ann. § 27-74-211(b): 2 cases
Seiz Co. v. Arkansas State High. & Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336. “In addition, appellant contends that to apply the exclusion as the AHTD has done would make the definition of an unzoned commercial or industrial area more restrictive than the federal standard, which would violate § 27-74-211.”
Lamar Outdoor Advert. v. Arkansas High. & Transp. Dep't, 184 S.W.3d 461 (Ark. Ct. App. 2004). “Arkansas Code Annotated section 27-74-211(b) *469 states that the definition of an unzoned commercial area "shall be determined by an agreement between the commission and the Secretary of Transportation.”
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