No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way of the interstate or primary highway systems in this State so as to be visible from the main-traveled way thereof after the effective date of this Article as determined by G.S. 136-140, except the following:
(1) Directional and other official signs and notices, which signs and notices shall include those authorized and permitted by Chapter 136 of the General Statutes, which include but are not limited to official signs and notices pertaining to natural wonders, scenic and historic attractions and signs erected and maintained by a public utility, electric or telephone membership corporation, or municipality for the purpose of giving warning of or information as to the location of an underground cable, pipeline or other installation.
(2) Outdoor advertising which advertises the sale or lease of property upon which it is located.
(2a) Outdoor advertising to promote a bona fide farm that is exempt from zoning regulations pursuant to G.S. 160D-903, provided the sign is no more than three feet long on any side and the sign is located on any bona fide farm property owned or leased by the owner or lessee of the bona fide farm.
(3) Outdoor advertising which advertises activities conducted on the property upon which it is located.
(4) Outdoor advertising, in conformity with the rules and regulations promulgated by the Department of Transportation, located in areas which are zoned industrial or commercial under authority of State law.
(5) Outdoor advertising, in conformity with the rules and regulations promulgated by the Department of Transportation, located in unzoned commercial or industrial areas. (1967, c. 1248, s. 4; 1972, c. 507, s. 5; 1975, c. 568, s. 5; 1977, c. 464, s. 7.1; 1991 (Reg. Sess., 1992), c. 946, s. 1; 1999-404, s. 8; 2020-18, s. 3; 2023-63, s. 5.3.)
Notes of Decisions
Appalachian Poster Advert. Co., Inc. v. Harrington, 460 S.E.2d 887 (N.C. Ct. App. 1995).
· cites it 22× “N.C.G.S. § 136-129 (1993). This section specifies the signs which are permitted to be erected and maintained in North Carolina and petitioner's sign is not included among those permitted.”
Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship, 804 S.E.2d 486 (N.C. 2017).
· cites it 6× “condemnation all outdoor advertising and all property rights pertaining thereto which are prohibited under the provisions of G.S. 136-129, 136-129.1 or 136-129.2, provided such outdoor advertising is in lawful existence on the effective date of this Article.”
Rabon v. Hopkins, 703 S.E.2d 181 (N.C. Ct. App. 2010).
· cites it 2× “” Despite Defendants’ interpretation otherwise, Whiteheart merely holds that N.C. Gen. Stat. § 136-129 should be interpreted so that interstate exit ramps are considered part of the “right-of-way” of the interstate for purposes of the Department of Transportation billboard…”
Powell v. North Carolina Dep't of Transp., 704 S.E.2d 547 (N.C. Ct. App. 2011).
· cites it 2× “The section of the General Statutes following § 136-127 provides for limitation of outdoor advertising devices (§ 136-129); limitations of advertising beyond 660 feet (§ 136-129.”
Naegele Outdoor Advert., Inc. v. Harrelson, 434 S.E.2d 244 (N.C. Ct. App. 1993).
· cites it 3× “According to section 136-129 of the OACA, outdoor advertising is not permitted “within 660 feet of the nearest edge of the right-of-way of the interstate or primary highways in this State so as to be visible from the main-traveled way thereof .”
Freeland v. Greene, 235 S.E.2d 852 (N.C. Ct. App. 1977).
“[except those allowed by certain subdivisions of G.S. 136-129 and G.S. 136-129.1] without first obtaining a permit from the Board of Transportation or its agents pursuant to the procedures set out by rules and regulations promulgated by the Board of Transportation or the…”
Whiteheart v. Garrett, 493 S.E.2d 493 (N.C. Ct. App. 1997).
· cites it 10× “See N.C. Gen. Stat. § 136-129 (1993). A measurement made from the location of Whiteheart’s sign to the line showing the edge of the right-of-way of 1-40 Business on the Winston-Salem Tax Map was 890 feet.”
Naegele Outdoor Advert., Inc. v. Hunt, 465 S.E.2d 549 (N.C. Ct. App. 1995).
· cites it 9× “Similarly, N.C.G.S. § 136-129(4) utilizes the same language as the federal provision and provides in pertinent part: No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way of the interstate or primary highways in this State .”
East v. Harrelson, 476 S.E.2d 136 (N.C. Ct. App. 1996).
“§§ 136-130 and 136-133] grant the Department the authority to grant new permits, to revoke existing permits, and to promulgate rules and regulations for this purpose.”
— N.C. Gen. Stat. § 136-129(4) — 1 case
Naegele Outdoor Advert., Inc. v. Hunt, 465 S.E.2d 549 (N.C. Ct. App. 1995).
“Similarly, N.C.G.S. § 136-129(4) utilizes the same language as the federal provision and provides in pertinent part: No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way of the interstate or primary highways in this State .”
— N.C. Gen. Stat. § 136-129(5) — 1 case
Naegele Outdoor Advert., Inc. v. Harrelson, 434 S.E.2d 244 (N.C. Ct. App. 1993).
“According to section 136-129 of the OACA, outdoor advertising is not permitted “within 660 feet of the nearest edge of the right-of-way of the interstate or primary highways in this State so as to be visible from the main-traveled way thereof .”
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