23 C.F.R. § 752.3

Definitions

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(a) Safety rest area. A roadside facility safely removed from the traveled way with parking and such facilities for the motorist deemed necessary for his rest, relaxation, comfort and information needs. The term is synonymous with “rest and recreation areas.”

(b) Scenic overlook. A roadside improvement for parking and other facilities to provide the motorist with a safe opportunity to stop and enjoy a view.

(c) Information centers. Facilities located at safety rest areas which provide information of interest to the traveling public.

(d) Information systems. Facilities located within the right-of-way which provide information of interest to the traveling public. An information system is not a sign, display or device otherwise permitted under 23 U.S.C. 131 or prohibited by any local, State or Federal law or regulation.

(e) Landscape project. Any action taken as part of a highway construction project or as a separate action to enhance the esthetics of a highway through the placement of plant materials consistent with a landscape design plan. Seeding undertaken for erosion control and planting vegetation for screening purposes shall not constitute a landscaping project.

[43 FR 19390, May 5, 1978, as amended at 52 FR 34638, Sept. 14, 1987]

Notes of Decisions

Cited in 2 cases, 1991–1997 · leading case: Sentinel Commc'ns Co. v. Watts, 936 F.2d 1189 (11th Cir. 1991).

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Sentinel Commc'ns Co. v. Watts, 936 F.2d 1189 (11th Cir. 1991). “Thus, a safety rest area is defined as “[a] roadside facility safely removed from the traveled way with parking and such facilities for the motorist deemed necessary for his rest, relaxation, comfort and information needs.”

Jacobsen v. Bonine, 123 F.3d 1272 (9th Cir. 1997). “2d at 1203 (quoting Landscape and Roadside Development Guidelines, 23 C.F.R. § 752.3 (a) (1990)). See also Jacobsen v.”

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