24-17 Advertising Adjacent to Highways - North Dakota Statutes

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CHAPTER 24-17ADVERTISING ADJACENT TO HIGHWAYS24-17-01.Declaration of policy.It is hereby declared to be in the public interestreasonably to regulate advertising devices along the highways hereinafter specified while, at the
same time, recognizing that both the convenience of travel and the interests of the economy as a
whole require a reasonable freedom to advertise. It is the intention of the legislative assembly in
this chapter to provide a statutory basis for the reasonable regulation, but not the prohibition, of
outdoor advertising through zoning principles and standards consistent with the public policy
relating to the areas adjacent to the state highway system pursuant to 23 U.S.C. 131 and
23 U.S.C. 319 and rules and regulations promulgated thereunder. It is further declared to be in
the public interest to review all rights now acquired by the state of North Dakota for the use and
benefit of the department of transportation pertaining to the right and control over the erection,
location, or maintenance of billboards, signs, or any form of advertising adjacent to the state
highway system, to determine and designate such areas adjacent to the state highway system as
are necessary for the restoration, preservation, and enhancement of scenic beauty and to vacate
to the owner such property rights acquired in areas not so determined and designated.24-17-02. Definitions.1."Commissioner" shall mean the director of the department of transportation of this
state or authorized agents as provided in section 24-02-01.3.2."Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,
draw, or in any other way bring into being or establish.3."Maintain" means to exist.4."Outdoor advertising" means a sign, display, or device of any kind or character
including statuary, erected or maintained for outdoor advertising purposes, upon
which any poster, bill, printing, painting, or other advertisement of any kind
whatsoever may be placed for advertising purposes and shall include but not be
limited to any card, cloth, paper, metal, painted, or wooden sign of any character
placed for outdoor advertising purposes, on or affixed to the ground or any tree, wall,
bush, rock, fence, building, structure, or thing, either privately or publicly owned.
The terms "sign, display, or device" comprehend all forms of outdoor advertising and
the use of one such term in this chapter includes all forms of outdoor advertising.5."State highway system" shall mean the state highway system as defined in
subsection 45 of section 24-01-01.1.24-17-03.Outdoor advertising distance limitations.Subject to this chapter, afterJanuary 1, 1968, or any later date established by the Congress of the United States in relation to
23 U.S.C. 131, or waiver of that date pursuant to title 23 of the United States Code, no sign may
be erected or maintained within six hundred sixty feet [201.17 meters] from the nearest edge of
the right of way and visible from the main traveled way of any highway that is a part of the state
highway system in this state except the following:1.Official signs and notices and directional signs and notices, including signs and
notices pertaining to natural wonders, scenic and historic attractions, and outdoor
recreational areas subject to the national standards to be promulgated by the
secretary of transportation.2.Signs advertising the sale or lease of property upon which they are located.3.Signs specifically advertising activities conducted, services rendered, goods sold,
stored, produced, or mined, or the name of the enterprise that is located on property
used for the purpose advertised or on property contiguous to the advertised activityPage No. 1which is under the same ownership, lease, rent, or control as the property with the
advertised activity.4.Signs in unzoned commercial or industrial areas, which now or hereafter qualify as
such, pursuant to the agreement between the director and the secretary of
transportation according to 23 U.S.C. 131.5.Signs relocated by reason of the construction or reconstruction of the state highway
system.6.Official highway signs within interstate rights of way giving specific information for
the traveling public pursuant to 23 U.S.C. 131(f) and the rules and regulations
promulgated thereunder.7.Signs calling attention to the location of buried utility lines.24-17-03.1.Outdoor advertising beyond distance limitations.Subject to theprovisions of this chapter, no sign may, after July 1, 1977, be erected or maintained beyond six
hundred sixty feet [201.17 meters] from the nearest edge of the right of way, located outside of
urban areas, visible from the main traveled way of the highway system, and erected with the
purpose of their message being read from such main traveled way except the following:1.Directional and official signs and notices, which signs and notices shall include, but
not be limited to, signs and notices pertaining to natural wonders, scenic, and
historical attractions which are required or authorized by law.2.Signs, displays, and devices advertising the sale or lease of property upon which
they are located.3.Signs, displays, and devices advertising activities conducted on the property on
which they are located.24-17-04. Removal of signs. Repealed by S.L. 1983, ch. 311,