Kentucky Revised Statutes

Ky. Rev. Stat. § 177.863 (2026)

Highway advertising devices, what prohibited -- Spacing -- Size --

✓ current as of May 2026

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Illumination. Within any commercial or industrial zone or unzoned commercial or industrial area adjacent to a federal-aid primary highway, advertising devices shall be subject to the following standards: (1) Prohibited advertising devices: (a) Advertising devices that are not clean and in good repair. (b) Advertising devices that are not securely affixed to a substantial structure. (c) Advertising devices which attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate or resemble any official traffic sign, signal or device. (d) Advertising devices which obstruct the view of official signs, or approaching and merging traffic. (e) Advertising devices on trees, or painted upon natural features. (f) Advertising devices exceeding one thousand two hundred fifty (1,250) square feet on each face including border and trim, but excluding supports. (g) Advertising devices advertising an activity that is illegal under state or federal law. (h) Obsolete advertising devices. (2) Spacing of advertising devices: (a) No advertising device structure designed to be primarily viewed from a non-limited access federal-aid primary highway shall be erected within three hundred (300) feet of any other such advertising device structure on the same side of the highway, unless separated by a building, natural obstruction or roadway. Provided, however, that in an incorporated municipality such required distance shall be reduced to one hundred (100) feet. (b) Double-faced -- V-type and/or back-to-back advertising device structures shall be one advertising device for spacing purposes. (c) The minimum distance between advertising devices shall be measured along the nearest edge of the pavement between points directly opposite the advertising devices. (3) Size of advertising devices: (a) The maximum area for any advertising device shall be one thousand two hundred fifty (1,250) square feet, including border and trim but excluding supports. (b) An advertising device structure may contain one (1) or two (2) advertisements per facing, not to exceed the maximum area. (c) Double faced structures will be permitted with the maximum area being allowed for each facing. (4) Lighting of advertising devices: Advertising devices may be illuminated, subject to the following restrictions: (a) Advertising devices which contain, include or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information. (b) Advertising devices which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of the highway which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. (c) No advertising device shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal. Effective:March 18, 2021 History: Repealed, reenacted, and amended 2021 Ky. Acts ch. 44, sec. 4, effective March 18, 2021. -- Amended 1968 Ky. Acts ch. 178, sec. 2. -- Created 1966 Ky. Acts ch. 76, sec. 4.

Notes of Decisions

Cited in 4 cases, 1967–2003 · leading case: Flying J Travel Plaza v. Commonwealth, Transp. Cabinet, Dep't of Highways, 928 S.W.2d 344 (Ky. 1996).

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Flying J Travel Plaza v. Commonwealth, Transp. Cabinet, Dep't of Highways, 928 S.W.2d 344 (Ky. 1996). · cites it 16× “The statutory focus of this case is on KRS 177.863 which provides in pertinent part that certain "advertising devices shall be subject to the following standards": (4) Lighting of advertising devices: Advertising devices may be illuminated subject to the following restrictions:…”

Bd. of Trs. v. Attorney Gen. of the Commonwealth, 132 S.W.3d 770 (Ky. 2003). · cites it 2× “Most recently, we held that KRS 177.863, which charged the Transportation Cabinet with limiting the proliferation of moving or flashing lighted signs, violated the nondelegation doctrine because it gave "no guidance" to the Cabinet in interpreting crucial provisions of the…”

Se. Displays, Inc. v. Ward, 414 S.W.2d 573 (Ky. Ct. App. 1967). “KRS 177.863, dealing with roads of the Federal-Aid Primary System, has no *575 application to the National System of Interstate and Defense Highways and thus is not controlling.”

Owensboro Metro. Bd. of Adjustments v. Midwest Outdoor Advert., Inc., 729 S.W.2d 446 (Ky. Ct. App. 1987). · cites it 2× “However, this case, upon which appellants rely, was decided two years prior to the enactment of KRS 177.863, the section of the “billboard act” which deals with illuminated or flashing signs.”

— Ky. Rev. Stat. § 177.863(4)(a) — 2 cases

Flying J Travel Plaza v. Commonwealth, Transp. Cabinet, Dep't of Highways, 928 S.W.2d 344 (Ky. 1996). “The statutory focus of this case is on KRS 177.863 which provides in pertinent part that certain "advertising devices shall be subject to the following standards": (4) Lighting of advertising devices: Advertising devices may be illuminated subject to the following restrictions:…”

Owensboro Metro. Bd. of Adjustments v. Midwest Outdoor Advert., Inc., 729 S.W.2d 446 (Ky. Ct. App. 1987). “However, this case, upon which appellants rely, was decided two years prior to the enactment of KRS 177.863, the section of the “billboard act” which deals with illuminated or flashing signs.”

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