Mo. Rev. Stat. » Chapter 226
Missouri Revised Statutes

Mo. Rev. Stat. § 226.530 (2026)

Permits

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  226.530.  Permits — rulemaking. — The state highways and transportation commission is required to issue one-time permanent permits as provided in section 226.550 for the erection and maintenance of outdoor advertising along the interstate and primary highway systems and subject to section 226.540 to promulgate only those rules and regulations of minimal necessity and consistent with customary use to secure to this state any federal aid contingent upon compliance with federal laws, rules and regulations relating to outdoor advertising.  No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1965 2d Ex. Sess. p. 900 § 4, A.L. 1972 S.B. 382, A.L. 1995 S.B. 3)

(1977) Held, it was intent of legislature to require permits for all signs other than those in areas zoned commercial and industrial.  Different treatment in zoned and unzoned areas is a reasonable classification. National Advertising Co. v. State Highway Commission (A.), 549 S.W.2d 536.

(1992)  The commission has discretion to permit logo signs, where logo signs announce the availability of purveyors of food, fuel and lodging at highway exits.  Program represents a use of the right of way by the commission and does not violate section which refers to restrictions on signs on private property, but visible from the highway.  The signs give specific information of interest to the traveling public.  Missouri Outdoor Advertising Association, Inc. v. Missouri State Highways and Transportation Commission, 826 S.W.2d 342 (Mo. en banc).

(1993) Local ordinance which directly prohibits any new off-premises commercial signs and does not merely supplement or enlarge billboards act is preempted by sections 226.500 to 226.600, RSMo, because ordinance conflicts with express purpose of statutes.  National Advertising Co. v. Mo. State Highway and Transportation Commission, 862 S.W.2d 953 (Mo. App. E.D.).

Notes of Decisions
Cited in 18 cases, 1975–2002 · leading case: Redpath v. Missouri High. & Transp. Comm'n, 14 S.W.3d 34 (Mo. Ct. App. 1999).
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Redpath v. Missouri High. & Transp. Comm'n, 14 S.W.3d 34 (Mo. Ct. App. 1999). · cites it 26× “040(2)(A) was contrary to section 226.530, RSMo Cum.Supp.1998, which requires the Commission to promulgate only those rules minimally necessary to secure the State of Missouri federal highway aid, and, therefore, was illegal, void, and of no ef- .”
Missouri Outdoor Advert. Ass'n v. Highways, 826 S.W.2d 342 (Mo. 1992). · cites it 4× “IV, § 30(b) of the Missouri Constitution and § 226.530, RSMo 1986. The logo signs announce the availability of purveyors of food, fuel and lodging at highway exits.”
Nat'l Advert. Co. v. Missouri State High. & Transp. Comm'n, 862 S.W.2d 953 (Mo. Ct. App. 1993). · cites it 4× “Our supreme court held that § 226.530 RSMo Cum.Supp.1992, concerning signs visible from the highway but located on private property, “mandates a minimum of regulation” of these signs.”
State ex rel. Straatmann Enter., Inc. v. Cnty. of Franklin, 4 S.W.3d 641 (Mo. Ct. App. 1999). · cites it 4× “Specifically, it alleged that the appellants’ property was not zoned commercial, as stated in their applications for the issuance of the permits, but was instead zoned agricultural/non-urban and, thus, it had the lawful authority, pursuant to § 226.530, RSMo Supp.1995, and 7…”
Whitman v. State High. Comm'n of Missouri, 400 F. Supp. 1050 (W.D. Mo. 1975). · cites it 5× “§ 226.530 RSMo. (1969). But the authority to promulgate those rules was granted only to the Commission, not to its Chief Counsel.”
Osage Outdoor Advert., Inc. v. Missouri High. & Transp. Comm'n, 680 S.W.2d 164 (Mo. Ct. App. 1984). · cites it 5× “Section 226.530 authorizes the Missouri Highway and Transportation Commission to administer and enforce Missouri’s billboard laws.”
State ex rel. White Advert. Int'l v. State High. Comm'n, 655 S.W.2d 860 (Mo. Ct. App. 1983). · cites it 6× “§ 226.530, RSMo 1969 (repealed). Section 226.”
Nat'l Advert. Co. v. State High. Comm'n, 549 S.W.2d 536 (Mo. Ct. App. 1977). · cites it 2× “” and Section 226.530 stating “The state highway commission is required to issue one time permanent permits as provided in section 226.”
Boyce Indus., Inc. v. Missouri High. & Transp. Comm'n, 693 S.W.2d 293 (Mo. Ct. App. 1985). · cites it 2× “” Pursuant to the foregoing federal authority, and § 226.530, RSMo 1978, respondent adopted rules 7 CSR 10-6.”
Roberts v. Missouri High. & Transp. Comm'n, 741 S.W.2d 815 (Mo. Ct. App. 1987). · cites it 2× “In the face of this plain declaration of legislative intent the Commission argues that the legislature in § 226.530 gave it the right to enact regulations “to secure to this state any federal aid contingent upon compliance with federal laws, rules and regulations relating to…”
Osage Outdoor Advert., Inc. v. State High. Comm'n, 687 S.W.2d 566 (Mo. Ct. App. 1984). “The regulations, required by federal law to obtain federal funding, are authorized by § 226.530 and are enforceable as law if the regulations are of minimum necessity.”
Boyce Indus., Inc. v. Missouri High. & Transp. Comm'n, 670 S.W.2d 147 (Mo. Ct. App. 1984). “Boyce argues invalidity upon the premise that the language of § 226.530, “to promulgate only those rules and regulations of minimal necessity and consistent with customary use,” limits the power of the Commission to issue only those rules minimally necessary to be in compliance…”
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