Outdoor Advertising Beyond Six Hundred Sixty Feet (660') of the Right-of-Way

PURPOSE: This rule applies to outdoor advertising erected or maintained beyond six hundred sixty feet (660') of the right-of-way visible from the main-traveled way of the interstate or primary highway system and erected with the purpose of its message being read from the traveled way. This outdoor advertising is regulated under section 226.527, RSMo and 23 U.S.C. 131(c). (1) Definitions (see 7 CSR 10-6.015). (2) Determination of Urban Areas. The term urban area is defined by section 226.510(6), RSMo. (3) Determination of Purpose. (A) Criteria. The department’s authorized representative shall determine under section 226.527, RSMo, when a sign is erected with the purpose of its message being read from the main-traveled way of an interstate or primary highway after consideration of, but not limited to, the following and any other relevant criteria: 1. Angle. The positioning or angle of a sign to an adjacent highway; 2. Size. The distance of the sign from the controlled highway in relation to the size of the sign. If a sign is large enough so that its message can be read from the highway, it may be assigned to that highway; 3. Message content. Whether or not the sign’s message is applicable to a particular highway; 4. Physical obstructions. The presence of or selective removal of physical obstructions, natural or man-made, impairing a motorist’s view of the sign from the highway; and 5. Exposure time. The period of time a motorist traveling on the adjacent highway at the maximum posted speed limit would be exposed to the sign’s message. A sign which cannot be read from the adjacent highway should not be assigned to that highway. (B) Multiple Highways. A sign may be visible or erected, or both, with the purpose of its message being read from two (2) or more interstate or primary highways. These signs must comply with the sizing, lighting, spacing, location, and permit requirements applicable to each interstate or primary highway. To promote highway safety, where there is a conflict between sizing, lighting, spacing, or location requirements of sections 226.500– 226.600, RSMo, the most restrictive requirements prevail. (4) Permits (see 7 CSR 10-6.070 for state permit requirements). AUTHORITY: sections 226.150, and 226.500– 226.600, RSMo 2016 and RSMo Supp. 2017.* Original rule filed May 16, 1977, effective Oct. 15, 1977. Amended: Filed Jan. 16, 1990, effective June 11, 1990. Amended: Filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended: Filed April 15, 2003, effective Nov. 30, 2003. Amended: Filed Oct. 3, 2013, effective May 30, 2014. Amended: Filed Sept. 8, 2017, effective April 30, 2018. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.500–226.600, see Missouri Revised Statutes 2016 and Supp. 2017.