As used in KRS 177.830 to 177.890, unless the context requires otherwise:
(1) "Limited-access highway" means a road or highway or bridge constructed pursuant to the provisions of KRS 177.220 to 177.310;
(2) "Interstate highway" means any highway, road, street, access facility, bridge, or overpass which is designated as a portion of the national system of interstate and defense highways as may be established by law, or as may be so designated by the Transportation Cabinet in the joint construction of the system by the Transportation Cabinet and the United States Department of Transportation, Bureau of Public Roads;
(3) "Federal-aid primary highway" means any highway, road, street, appurtenant facility, bridge, or overpass which is designated as a portion of the federal-aid primary highway system as may be established by law or as may be so designated by the Transportation Cabinet and the United States Department of Transportation;
(4) "Turnpike" means any road or highway or appurtenant facility constructed pursuant to the provisions of KRS 177.390 to 177.570, or pursuant to the provisions of any other definition of "turnpike" in the Kentucky Revised Statutes, or any other highway, road, parkway, bridge, or street upon which a toll or fee is charged for the use of motor vehicular traffic;
(5) "Advertising device" means any billboard, sign, notice, poster, display, or other device, including the structure erected or used in connection with the display or device and all lighting or other attachments used in connection with the display or device, that is:
(a) Operated or owned by a person or entity who is earning compensation directly or indirectly from a third party or parties for the placement of a message on the device; and
(b) Intended to attract the attention of operators of motor vehicles on the highways;
(6) "Highway or highways" as used in KRS 177.830 to 177.890 means limited access highway, interstate highway, federal-aid primary highway, or turnpike as defined in KRS 177.830 to 177.890;
(7) "Commercial or industrial zone" adjacent to a federal-aid primary highway means an area zoned to permit business, commerce or trade pursuant to lawful ordinance or regulation;
(8) "Unzoned commercial or industrial area" adjacent to a federal-aid primary highway means an area which is not zoned by state or local law, regulation, or ordinance and on which either a commercial or industrial activity is conducted or a permanent structure therefor is located together with the area extending along the highway for such distances as may be determined by regulation promulgated by the secretary of the Transportation Cabinet. Each side of the highway will be considered separately in applying this definition--all measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel the edge of the pavement of the highway;
(9) "Commercial or industrial activities" for purposes of unzoned industrial and commercial areas means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial:
(a) Outdoor advertising structures;
(b) Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands;
(c) Activities normally or regularly in operation less than three (3) months of the year;
(d) Transient or temporary activities;
(e) Activities not visible from the main traveled way;
(f) Activities more than 300 feet from the nearest edge of the right-of-way;
(g) Activities conducted in a building principally used as a residence;
(h) Railroad tracks and minor sidings;
(10) "Urban areas" means those areas having a population of five thousand (5,000) or more which have been designated by the United States Department of Commerce, Bureau of the Census, as an urban area. A list of cities which have designated urban areas shall be maintained by the Transportation Cabinet, Division of Planning, Frankfort, Kentucky 40622. The Transportation Cabinet shall maintain maps indicating the boundaries of the designated areas. The maps shall be available from the Transportation Cabinet for a fee not to exceed five dollars ($5.00); and
(11) "Compensation" means the exchange of anything of value, including money, securities, real property interests, personal property interests, goods or services, promises of future payments, or forbearance of debt. Effective:March 18, 2021 History: Repealed, reenacted, and amended 2021 Ky. Acts ch. 44, sec. 1, effective March 18, 2021. -- Amended 1990 Ky. Acts ch. 398, sec. 1, effective April 9, 1990. -- Amended 1976 Ky. Acts ch. 80, sec. 2, effective March 29, 1976. -- Amended 1968 Ky. Acts ch. 178, sec. 1. -- Amended 1966 Ky. Acts ch. 76, sec.
1. -- Created 1960 Ky. Acts ch. 175, sec. 1.
Notes of Decisions
Flying J Travel Plaza v. Commonwealth, Transp. Cabinet, Dep't of Highways, 928 S.W.2d 344 (Ky. 1996).
· cites it 4× “2d 881 (1964) which upheld the constitutionality of the "Billboard Act," KRS 177.830 to 177.990 enacted in 1960. In that case, it was determined that the private right is always subordinate to a public right asserted by the proper exercise of police power.”
Diemer v. Commonwealth, Transp. Cabinet, Dep't of Highways, 786 S.W.2d 861 (Ky. 1990).
· cites it 3× “2(20), regulations adopted by the Secretary of Transportation pursuant to KRS 177.830(10), which states as follows: “(10) ‘Urban areas’ means those areas which the secretary of transportation, in the exercise of his sound discretion and upon consideration being given to the…”
United Sign, Ltd. v. Commonwealth, 44 S.W.3d 794 (Ky. Ct. App. 2000).
· cites it 4× “841, subsection one which provides that: “[ejxcept as otherwise provided in KRS 177.830 to 177.890, the erection or maintenance of any advertising device upon or within six hundred and sixty (660) feet of the right of way of any interstate highway or federal aid primary highway…”
Commonwealth, Transp. Cabinet, Dep't of Highways v. G.L.G., Inc., 937 S.W.2d 709 (Ky. 1997).
· cites it 5× “850, and the erection and maintenance of any of the following advertising devices, if they comply with such regulations, shall not be deemed a violation of KRS 177.830 to 177.890: ⅜ * * ⅜ ⅝ * (4) Advertising devices which otherwise comply with the applicable zoning ordinances…”
Se. Displays, Inc. v. Ward, 414 S.W.2d 573 (Ky. Ct. App. 1967).
· cites it 2× “See KRS 177.830 et seq. The constitutionality of the Act was upheld in Moore v.”
Moore v. Ward, 377 S.W.2d 881 (Ky. Ct. App. 1964).
“This suit was brought to test the constitutionality of the "Billboard Act” (KRS 177.830 to 177.990, enacted in 1960).”
Maxwell's Pic-Pac, Inc. v. Dehner, 887 F. Supp. 2d 733 (W.D. Ky. 2012).
· cites it 2× “That case concerned the term “urban area” in the Kentucky Billboard Act, Ky.Rev.Stat. §§ 177.830(10) and 177.841(2), which purported to define the geographic limits of the Act’s prohibitions.”
Commonwealth, Dep't of Transp. v. Cent. Kentucky Angus Ass'n, 555 S.W.2d 627 (Ky. Ct. App. 1977).
· cites it 2× “The trial court determined the signs were not advertising devices as defined in KRS 177.830(5) but were directional signs and permanently enjoined the Department of Transportation from removing the signs pursuant to KRS 177.”
Wenda Conley v. Commonwealth of Kentucky Dep't of Transp. (Ky. Ct. App. 2021).
· cites it 2× “5 “Except as otherwise provided in KRS 177.830 to 177.890, the erection or maintenance of any advertising device upon or within six hundred sixty (660) feet of the right-of-way of any interstate highway or federal-aid primary highway is prohibited.”
L.D. Mgmt. Co. v. Thomas (W.D. Ky. 2020).
· cites it 2× “KRS §§ 177.830 through 177.890 are unconstitutional on their face and as applied to Lion’s Den.”
Unisign, Inc. v. Commonwealth, 19 S.W.3d 652 (Ky. 2000).
· cites it 5× “The circuit court ordered the removal of three billboards erected by Unisign within 660 feet of Interstate 75 on the basis that the *654 signs were in violation of the Kentucky Billboard Act, KRS 177.830 through KRS 177.890. The questions presented are whether KRS 177.”
— Ky. Rev. Stat. § 177.830(10) — 3 cases
Diemer v. Commonwealth, Transp. Cabinet, Dep't of Highways, 786 S.W.2d 861 (Ky. 1990).
“2(20), regulations adopted by the Secretary of Transportation pursuant to KRS 177.830(10), which states as follows: “(10) ‘Urban areas’ means those areas which the secretary of transportation, in the exercise of his sound discretion and upon consideration being given to the…”
Maxwell's Pic-Pac, Inc. v. Dehner, 887 F. Supp. 2d 733 (W.D. Ky. 2012).
“That case concerned the term “urban area” in the Kentucky Billboard Act, Ky.Rev.Stat. §§ 177.830(10) and 177.841(2), which purported to define the geographic limits of the Act’s prohibitions.”
— Ky. Rev. Stat. § 177.830(2) — 1 case
Commonwealth, Transp. Cabinet, Dep't of Highways v. G.L.G., Inc., 937 S.W.2d 709 (Ky. 1997).
“850, and the erection and maintenance of any of the following advertising devices, if they comply with such regulations, shall not be deemed a violation of KRS 177.830 to 177.890: ⅜ * * ⅜ ⅝ * (4) Advertising devices which otherwise comply with the applicable zoning ordinances…”
— Ky. Rev. Stat. § 177.830(3) — 1 case
Wenda Conley v. Commonwealth of Kentucky Dep't of Transp. (Ky. Ct. App. 2021).
“5 “Except as otherwise provided in KRS 177.830 to 177.890, the erection or maintenance of any advertising device upon or within six hundred sixty (660) feet of the right-of-way of any interstate highway or federal-aid primary highway is prohibited.”
— Ky. Rev. Stat. § 177.830(5) — 3 cases
United Sign, Ltd. v. Commonwealth, 44 S.W.3d 794 (Ky. Ct. App. 2000).
“841, subsection one which provides that: “[ejxcept as otherwise provided in KRS 177.830 to 177.890, the erection or maintenance of any advertising device upon or within six hundred and sixty (660) feet of the right of way of any interstate highway or federal aid primary highway…”
Commonwealth, Dep't of Transp. v. Cent. Kentucky Angus Ass'n, 555 S.W.2d 627 (Ky. Ct. App. 1977).
“The trial court determined the signs were not advertising devices as defined in KRS 177.830(5) but were directional signs and permanently enjoined the Department of Transportation from removing the signs pursuant to KRS 177.”
Commonwealth, Transp. Cabinet, Dep't of Highways v. G.L.G., Inc., 937 S.W.2d 709 (Ky. 1997).
“850, and the erection and maintenance of any of the following advertising devices, if they comply with such regulations, shall not be deemed a violation of KRS 177.830 to 177.890: ⅜ * * ⅜ ⅝ * (4) Advertising devices which otherwise comply with the applicable zoning ordinances…”
— Ky. Rev. Stat. § 177.830(6) — 1 case
United Sign, Ltd. v. Commonwealth, 44 S.W.3d 794 (Ky. Ct. App. 2000).
“841, subsection one which provides that: “[ejxcept as otherwise provided in KRS 177.830 to 177.890, the erection or maintenance of any advertising device upon or within six hundred and sixty (660) feet of the right of way of any interstate highway or federal aid primary highway…”
— Ky. Rev. Stat. § 177.830(7) — 1 case
Unisign, Inc. v. Commonwealth, 19 S.W.3d 652 (Ky. 2000).
“The circuit court ordered the removal of three billboards erected by Unisign within 660 feet of Interstate 75 on the basis that the *654 signs were in violation of the Kentucky Billboard Act, KRS 177.830 through KRS 177.890. The questions presented are whether KRS 177.”
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