23 C.F.R. § 750.704

Statutory requirements

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(a) 23 U.S.C. 131 provides that signs adjacent to the Interstate and Federal-aid Primary Systems which are visible from the main-traveled way and within 660 feet of the nearest edge of the right-of-way, and those additional signs beyond 660 feet outside of urban areas which are visible from the main-traveled way and erected with the purpose of their message being read from such main-traveled way, shall be limited to the following:

(1) Directional and official signs and notice which shall conform to national standards promulgated by the Secretary in subpart B, part 750, chapter I, 23 CFR, National Standards for Directional and Official Signs;

(2) Signs advertising the sale or lease of property upon which they are located;

(3) Signs advertising activities conducted on the property on which they are located;

(4) Signs within 660 feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and Federal-aid Primary Systems which are zoned industrial or commercial under the authority of State law;

(5) Signs within 660 feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and Federal-aid Primary Systems which are unzoned commercial or industrial areas, which areas are determined by agreement between the State and the Secretary; and

(6) Signs lawfully in existence on October 22, 1965, which are determined to be landmark signs.

(b) 23 U.S.C. 131(d) provides that signs in § 750.704(a) (4) and (5) must comply with size, lighting, and spacing requirements, to be determined by agreement between the State and the Secretary.

(c) 23 U.S.C. 131 does not permit signs to be located within zoned or unzoned commercial or industrial areas beyond 660 feet of the right-of-way adjacent to the Interstate or Federal-aid Primary System, outside of urban areas.

(d) 23 U.S.C. 131 provides that signs not permitted under § 750.704 of this regulation must be removed by the State.

Notes of Decisions

Cited in 5 cases, 1982–2019 · leading case: Martin Oil Co. v. Missouri High. & Transp. Comm'n, 2 S.W.3d 144 (Mo. Ct. App. 1999).

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Martin Oil Co. v. Missouri High. & Transp. Comm'n, 2 S.W.3d 144 (Mo. Ct. App. 1999). · cites it 2× “That section, however, limits the exception to advertising “which [is] not prohibited by federal regulations,” specifically 23 U.”

Superior Outdoor Advert. Co. v. State High. Comm'n of Missouri, 641 S.W.2d 480 (Mo. Ct. App. 1982). “§ 131 is found in 23 C.F.R. 750.704, set out below. 4 Superior makes no claim that the sign satisfies any *487 of the six categories enumerated in C.”

Boswell v. State High. Comm'n, 642 S.W.2d 406 (Mo. Ct. App. 1982). “131(d), and federal regulations, 23 C.F.R. 750.704. Further, the commission argues, § 226.”

In the Matter of the Denial of the Outdoor Advert. Application No. 75708, Etc. (new Jersey Dep't of Transp.) (N.J. Super. Ct. App. Div. 2019). · cites it 2× “154 (setting standards for directional signs including that they may not be within 2000 feet of an interchange "measured along the Interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled…”

Springston v. Div. of Highways, 22 Ct. Cl. 80 (W. Va. Ct. Cl. 1998). “The claimant has offered evidence that Nicholas County was zoned for business activity in 1965, thereby bringing her sign application within the exception for zoned commercial areas contemplated by WV Code §17-22-8 and 23 CFR 750.704. The evidence adduced at hearing was that a…”

— 23 C.F.R. § 750.704(a)(1) — 1 case

In the Matter of the Denial of the Outdoor Advert. Application No. 75708, Etc. (new Jersey Dep't of Transp.) (N.J. Super. Ct. App. Div. 2019). “154 (setting standards for directional signs including that they may not be within 2000 feet of an interchange "measured along the Interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled…”

— 23 C.F.R. § 750.704(a)(4) — 1 case

— 23 C.F.R. § 750.704(a)(5) — 1 case

Martin Oil Co. v. Missouri High. & Transp. Comm'n, 2 S.W.3d 144 (Mo. Ct. App. 1999). “That section, however, limits the exception to advertising “which [is] not prohibited by federal regulations,” specifically 23 U.”

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