23 C.F.R. § 750.708
Acceptance of state zoning
(a) 23 U.S.C. 131(d) provide that signs “may be erected and maintained within 660 feet of the nearest edge of the right-of-way within areas . . . which are zoned industrial or commercial under authority of State law.” Section 131(d) further provides, “The States shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes, and the actions of the States in this regard will be accepted for the purposes of this Act.”
(b) State and local zoning actions must be taken pursuant to the State's zoning enabling statute or constitutional authority and in accordance therewith. Action which is not a part of comprehensive zoning and is created primarily to permit outdoor advertising structures, is not recognized as zoning for outdoor advertising control purposes.
(c) Where a unit of government has not zoned in accordance with statutory authority or is not authorized to zone, the definition of an unzoned commercial or industrial area in the State-Federal agreement will apply within that political subdivision or area.
(d) A zone in which limited commercial or industrial activities are permitted as an incident to other primary land uses is not considered to be a commercial or industrial zone for outdoor advertising control purposes.
Notes of Decisions
Cited in 15
cases, 1980–2016 · leading case: In Re the Denial of Eller Media Co.'s Applications for Outdoor Advert. Device Permits in the City of Mounds View, 664 N.W.2d 1 (Minn. 2003).
In Re the Denial of Eller Media Co.'s Applications for Outdoor Advert. Device Permits in the City of Mounds View, 664 N.W.2d 1 (Minn. 2003). “Following submission of arguments, the commissioner denied the permits on three separate legal bases: (1) the zoning actions undertaken by Mounds View were "spot zoning"that is, done primarily to permit billboards, and were therefore not recognized as legitimate under 23 C.F.R.…”
Lamar Cent. Outdoor, LLC v. State, 64 A.D.3d 944 (N.Y. App. Div. 2009). “However, DOT based its denial of the permit on 23 CFR 750.708 (b), promulgated by the Secretary of Transportation pursuant to the FHBA, which provides: “State and local zoning actions must be taken pursuant to the State’s zoning enabling statute or constitutional authority and…”
In Re the Denial of Eller Media Co.'s Applications for Outdoor Advert. Device Permits, 642 N.W.2d 492 (Minn. Ct. App. 2002). “1(8) (2000) by reading “business area” to refer to private business exclusively, rather than municipalities, and (2) erred in concluding that the city’s actions were inconsistent with 23 C.F.R. § 750.708 (2000). Eller Media also asserts that the commissioner’s deputy erred in…”
Alper v. State Ex Rel. Dep't of Highways, 621 P.2d 492 (Nev. 1980). “Rehearing was granted for consideration of 23 C.F.R. 750.708(d), and its application to this case.”
Redpath v. Missouri High. & Transp. Comm'n, 14 S.W.3d 34 (Mo. Ct. App. 1999). “23 C.F.R. 750.708(b) (emphasis added). In Missouri, the words “zoned commercial or industrial areas” for outdoor advertising purposes shall refer to “those areas zoned commercial or industrial by the duly constituted zoning authority or a municipality, county, or other lawfully…”
Files v. Arkansas State High. & Transp. Dep't, 925 S.W.2d 404 (Ark. 1996). “738 (1988) (commercial zoning to permit outdoor advertising must have independent validity or will run afoul of 23 C.F.R. § 750.708 (b)); but see Penn Advertising, Inc.”
United Outdoor Advert. Co. v. Bus., Transp. & Hous. Agency, 746 P.2d 877 (Cal. 1988). “( 23 C.F.R. § 750.708 (b)0 The site approval in this case was granted solely to permit billboards on the parcels.”
Lamar Cent. Outdoor, LLC v. State, 20 Misc. 3d 183 (N.Y. Sup. Ct. 2008). “” (23 CFR 750.708 [b] [emphasis added].) In April 2004, the chief counsel of the United States Department of Transportation, Federal Highway Administration (FHWA), issued a legal opinion to the State of Minnesota regarding the federal agency’s interpretation of 23 CFR 750.”
Penn Advert., Inc. v. Dep't of Transp., 608 A.2d 1115 (Pa. Commw. Ct. 1992). “In attempting to implement the Act, the Department specifically relies on 23 C.F.R. § 750.708 (b). That federal regulation provides: *629 State and local zoning actions must be taken pursuant to the State's zoning enabling statute or constitutional authority and in accordance…”
William H. Thomas, Jr. v. Tennessee Dep't of Transp. (Tenn. Ct. App. 2013). “The trial court affirmed the Department’s denial of the permits, finding subsection (d) of 23 C.F.R. § 750.708 , which states, “A zone in which limited commercial or industrial activities are permitted as an incident to other primary land uses is not considered to be a…”
Lamar Outdoor Advert., Inc. v. Arkansas State High. & Transp. Dep't, 133 S.W.3d 412 (Ark. Ct. App. 2003). “Federal regulations found at 23 CFR § 750.708 (b) (2003) provide: State and local zoning actions must be taken pursuant to the State’s zoning enabling statute or constitutional authority and in accordance therewith.”
Stearn v. Cnty. of San Bernardino CA4/2 (Cal. Ct. App. 2016). “( 23 CFR §750.708 (b).) That regulation acknowledges that signs may be erected and maintained within 660 feet of the nearest edge of the right-of-way within areas zoned industrial or commercial under authority of State law ( 23 CFR §750.”
— 23 C.F.R. § 750.708(b) — 3 cases
Redpath v. Missouri High. & Transp. Comm'n, 14 S.W.3d 34 (Mo. Ct. App. 1999). “23 C.F.R. 750.708(b) (emphasis added). In Missouri, the words “zoned commercial or industrial areas” for outdoor advertising purposes shall refer to “those areas zoned commercial or industrial by the duly constituted zoning authority or a municipality, county, or other lawfully…”
Lamar Cent. Outdoor, LLC v. State, 20 Misc. 3d 183 (N.Y. Sup. Ct. 2008). “” (23 CFR 750.708 [b] [emphasis added].) In April 2004, the chief counsel of the United States Department of Transportation, Federal Highway Administration (FHWA), issued a legal opinion to the State of Minnesota regarding the federal agency’s interpretation of 23 CFR 750.”
Stearn v. Cnty. of San Bernardino CA4/2 (Cal. Ct. App. 2016). “( 23 CFR §750.708 (b).) That regulation acknowledges that signs may be erected and maintained within 660 feet of the nearest edge of the right-of-way within areas zoned industrial or commercial under authority of State law ( 23 CFR §750.”
— 23 C.F.R. § 750.708(d) — 3 cases
Alper v. State Ex Rel. Dep't of Highways, 621 P.2d 492 (Nev. 1980). “Rehearing was granted for consideration of 23 C.F.R. 750.708(d), and its application to this case.”
Files v. Arkansas State High. & Transp. Dep't, 925 S.W.2d 404 (Ark. 1996). “738 (1988) (commercial zoning to permit outdoor advertising must have independent validity or will run afoul of 23 C.F.R. § 750.708 (b)); but see Penn Advertising, Inc.”
William H. Thomas, Jr. v. Tennessee Dep't of Transp. (Tenn. Ct. App. 2013). “The trial court affirmed the Department’s denial of the permits, finding subsection (d) of 23 C.F.R. § 750.708 , which states, “A zone in which limited commercial or industrial activities are permitted as an incident to other primary land uses is not considered to be a…”
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