N.Y. Highway Law § 88: Control of outdoor advertising

§ 88. Control of outdoor advertising. 1. Definitions. As used in this

section:

(a) "Interstate highway system" means that portion of the national

system of interstate and defense highways located within this state, as

officially designated, or as may hereafter be so designated, by the

commissioner of transportation, and approved by the secretary of

commerce or the secretary of transportation of the United States

pursuant to the provisions of title twenty-three of the United States

code, as amended.

(b) "Primary highway system" means that portion of connected main

highways, as officially designated, or as may hereafter be so

designated, by the commissioner of transportation, and approved by the

secretary of commerce or the secretary of transportation of the United

States pursuant to the provisions of title twenty-three of the United

States code, as amended.

(c) "Safety rest area" means an area or site established and

maintained within or adjacent to the highway right of way by or under

public supervision or control, for the convenience of the travelling

public.

(d) "Information center" means an area or site established and

maintained at a roadside rest area for the purpose of informing the

public of places of interest within the state and providing such other

information as the commissioner of transportation may consider

desirable.

2. The commissioner of transportation is hereby authorized and

directed to immediately implement the following program for the

effective control of the erection and maintenance of outdoor advertising

signs, displays and devices within six hundred sixty feet of the nearest

edge of the right of way and visible from the main traveled way of the

interstate and primary highway systems and, notwithstanding the

provisions of subdivisions seven, eleven, and twelve of this section,

for the effective control of the erection and maintenance along the

interstate and primary highway systems of those additional outdoor

advertising signs, displays and devices which are more than six hundred

and sixty feet from the nearest edge of the right-of-way located outside

of urban areas, as defined by federal statute, rule or regulation for

the purposes of section one hundred thirty-one of title twenty-three of

the United States code, visible from the main traveled way of the

interstate and primary highway systems and erected with the purpose of

their message being read from such main traveled way. Effective control

means that such signs, displays and devices shall, pursuant to such

program, be limited to (a) directional and other official signs and

notices which are required or authorized by law and which shall conform

to the national standards promulgated by the secretary of transportation

of the United States pursuant to section one hundred thirty-one of title

twenty-three of the United States code, as amended, (b) signs, displays

and devices advertising the sale or lease of property upon which they

are located, (c) signs, displays and devices advertising activities

conducted on the property on which they are located, (d) signs, displays

and devices located in areas within six hundred sixty feet of the

nearest edge of the right of way which are zoned industrial or

commercial under authority of state law and which are permitted or

authorized pursuant to this section or the agreement ratified and

approved by this section, (e) signs, displays and devices which are

permitted or authorized pursuant to this section or the agreement

ratified and approved by this section and are located in unzoned

commercial or industrial areas within six hundred sixty feet of the

nearest edge of the right of way which areas shall be determined from

actual land uses in conformance with the agreement ratified and approved

by this section, (f) signs lawfully in existence on October

twenty-second, nineteen hundred sixty-five, determined by the

commissioner with the approval of the secretary of transportation of the

United States, to be landmark signs, including signs on farm structures

or natural surfaces of historic or artistic significance, the

preservation of which would be consistent with the purposes of this

section and with the purposes of the federal "Highway Beautification Act

of 1965", and any acts amendatory thereto, and (g) any other signs,

displays and devices permitted or authorized pursuant to this section.

Provided that, nothing in this section shall be construed to prohibit

the erection or maintenance of outdoor advertising signs, displays and

devices which include the steady illumination of sign faces, panels or

slats that rotate or change to different messages in a fixed position,

commonly known and referred to as changeable or multiple message signs,

provided the change of one sign face to another is not more frequent

than once every six seconds and the actual change process is

accomplished in three seconds or less, when such signs, displays and

devices are permitted or authorized pursuant to this section and by the

agreement ratified and approved by this section.

3. The agreement entered into between the commissioner of

transportation and the secretary of transportation of the United States

dated May thirteenth, nineteen hundred sixty-eight regarding the size,

lighting and spacing of signs, displays and devices which may be erected

and maintained within six hundred and sixty feet of the nearest edge of

the right-of-way within areas adjacent to the interstate and primary

highway systems which are zoned industrial or commercial under authority

of state law, or in such other unzoned industrial or commercial areas as

may be permitted pursuant to the terms of such agreement is hereby

ratified and approved. With respect to the certification permitted under

subsection A of article four of the said agreement, the commissioner of

transportation shall make such a certification within thirty days after

it is shown to his reasonable satisfaction that there are regulations

which are enforced with respect to the size, lighting and spacing of

outdoor advertising signs, displays and devices within the meaning of

the agreement. The action of the commissioner of transportation with

respect to such a certification shall be reviewable under article

seventy-eight of the civil practice law and rules by the supreme court

which shall have jurisdiction of the proceedings and the power to grant

such relief as it deems just and proper.

4. The commissioner of transportation may agree with the secretary of

transportation of the United States to provide for the establishment of

information centers at safety rest areas. The commissioner of

transportation is hereby directed to negotiate with such secretary of

transportation in order to permit signs, within the areas controlled by

the provisions of this section, which relate to public and private

natural wonders, scenic and historical attractions and other information

concerning outdoor recreation, places for camping, lodging, eating and

vehicle service and repair deemed to be of specific interest to the

travelling public. Any of the above types of signs referred to in this

subdivision which do not violate the provisions of the federal "Highway

Beautification Act of 1965", and any acts amendatory thereto, and which

conform to the national standards promulgated by the secretary of

transportation of the United States pursuant to section one hundred

thirty-one of title twenty-three of the United States code, as amended,

are hereby authorized to be erected and maintained in the state of New

York subject to registration with the commissioner of transportation

pursuant to subdivision five of this section.

5. The commissioner of transportation is hereby authorized to control

the erection and maintenance of outdoor advertising signs, displays and

devices along the interstate and primary highway systems in conformance

with the terms of this section and in conformity with the agreement

ratified and approved by this section and the national standards

promulgated by the secretary of transportation of the United States

pursuant to subdivision (c) of section one hundred thirty-one of title

twenty-three of the United States code as amended. The commissioner of

transportation may provide for a system of registration of outdoor

advertising signs, displays and devices which comply with the terms of

the agreement, ratified and approved by this section, with the secretary

of transportation of the United States. No registration shall be

required for signs, displays and devices advertising the sale or lease

of property upon which they are located and signs, displays and devices

advertising activities conducted on the property on which they are

located.

6. Notwithstanding the provisions of subdivision two hereof, any

outdoor advertising sign, display or device lawfully in existence along

the interstate and primary highway systems on September first, nineteen

hundred sixty-five, which is not permitted or authorized pursuant to the

provisions contained herein may continue to be maintained until July

first, nineteen hundred seventy and shall not be replaced or relocated

along the interstate and primary highway systems except in those areas

authorized pursuant to this section or areas authorized under the terms

of the agreement ratified and approved by this section. Notwithstanding

the provisions of subdivision two hereof, any other outdoor advertising

sign, display or device lawfully erected which is not permitted or

authorized pursuant to this section of the agreement ratified and

approved by this section may continue to be maintained until the end of

the fifth year after it becomes nonconforming pursuant to this section

or under the terms of the agreement ratified and approved by this

section, unless an earlier removal is required in order for the state to

comply with the federal "Highway Beautification Act of 1965", as amended

and shall not be replaced or relocated along the interstate and primary

highway systems except in those areas authorized pursuant to this

section or areas which are permitted under the terms of the agreement

ratified and approved by this section.

7. The commissioner of transportation is hereby authorized to acquire

the necessary rights in and to property and is directed to pay

compensation therefor, in the same manner as other property is acquired

for state highway purposes pursuant to this chapter and is further

directed to provide equivalent directional information, as provided in

subdivision eleven of this section, with respect to outdoor advertising

signs, displays and devices which are not permitted or authorized

pursuant to this section or with the terms of the agreement ratified and

approved by this section and which were lawfully erected under state

law. Such compensation is authorized to be paid only for the following:

(a) the taking from the owner of such sign, display or device of all

right, title, leasehold and interest in such sign, display or device,

and (b) the taking from the owner of the real property on which such

sign, display or device is located, of the right to erect and maintain

such signs, displays and devices thereon. The term "property" as used in

this section is defined to include lands, waters, rights in land or

waters, structures, franchises, and interest in land, including lands

under water and riparian rights and any and all other things and rights

usually included within the said term and includes also any and all

interests in such property less than full title, such as easements,

permanent or temporary, rights-of-way, uses, leases, licenses and all

other incorporeal hereditaments and every estate, interest or right,

legal or equitable. Notwithstanding the provisions of subdivision two

hereof, no rights in and to property shall be acquired with respect to

any outdoor advertising sign, display or device except to the extent

that federal funds authorized to be appropriated pursuant to the federal

"Highway Beautification Act of 1965", as amended, to reimburse the state

for seventy-five per centum of the cost thereof, are in fact

appropriated and allocated to the state for that purpose. Further,

notwithstanding the provisions of this section or any other general,

special or local law, no outdoor advertising sign for which compensation

must be paid pursuant to this subdivision, nor any outdoor advertising

sign in a commercial or industrial zone or area which is controlled

pursuant to this section, shall be removed, or required to be removed,

by the state or any agency thereof or any municipal corporation or

subdivision, without the payment of such compensation in accordance with

the provisions of article five of the eminent domain procedure law,

provided, however, that this prohibition shall not apply to any city

having a population of one million or more.

8. Any outdoor advertising sign, display or device erected or

maintained in violation of this section, or of the terms of the

agreement ratified and approved by this section, is hereby declared to

be, and is a public nuisance. The commissioner of transportation shall

give thirty days' notice, by registered or certified mail, to the owner

of the property on which such advertising sign, display or device is

located and to the owner of such advertising sign, display or device, to

remove the same if it is a prohibited sign, display or device or to

cause it to conform to the requirements of this section or the terms of

the agreement ratified and approved by this section or the national

standards if it is an authorized or permitted sign, display or device.

If the owner of the property or the owner of the advertising sign,

display or device fails to act within thirty days as required in the

notice, the commissioner of transportation or his duly authorized agent

shall cause the removal of such advertising sign, display or device at

the expense of the owner of the property or the owner of the advertising

sign, display or device, except that the state shall pay the expense of

removing any advertising sign, display or device which was lawfully

erected on the date of enactment of this section which becomes

non-conforming under the terms of this section or the agreement ratified

and approved by this section.

9. Nothing in this section shall be construed to abrogate or affect

the provisions of any other statute, lawful ordinance, regulation

pursuant thereto or resolutions which are more restrictive than the

provisions of this section or the agreement ratified and approved by

this section.

10. In order to provide information in the specific interest of the

travelling public, the commissioner of transportation is hereby

authorized to maintain maps and to permit informational directories and

commercial advertising pamphlets to be made available at safety rest

areas, and to construct and maintain or permit the construction and/or

maintenance of information centers at safety rest areas for the purpose

of informing the public of places of interest within the state and

providing such other information as he may consider desirable. In the

event that such an information center is to be constructed and/or

maintained by a person, firm, corporation, municipality or state

department or agency, other than the department of transportation, the

commissioner of transportation is authorized to enter into a lease for a

term of years or memorandum of understanding, on terms which he deems

appropriate, regarding the construction and/or maintenance of such

information center. The commissioner of transportation shall use the

federal cost-sharing provisions of section 131(i) of title 23, United

States Code to the fullest extent practicable in implementing such

travel information programs.

11. The commissioner is directed to conduct an economic study to

identify those areas within the state which would suffer substantial

economic hardship upon the removal of advertising signs, displays, or

devices which provide directional information about goods and services

in the interest of the travelling public, were legally erected under

state law, and are subject to control under subdivision seven of this

section. Pending completion of such economic study, the commissioner is

directed to provide for the immediate removal of signs which were

unlawfully erected under state law, and is further directed to develop

an aesthetically pleasing official business directional sign program

providing directional information to the travelling public in a manner

substantially equivalent to that now provided by advertising signs,

displays, or devices, pursuant to subdivision twelve of this section.

Upon completion of such economic study and consequent identification of

those areas within the state which would suffer substantial economic

hardship upon the removal of advertising signs, displays, or devices

which provide directional information about goods and services in the

interest of the travelling public, the commissioner shall request the

secretary of transportation of the United States to permit the retention

of such advertising signs, displays, or devices in those areas

identified as suffering substantial economic hardship. Except as

otherwise provided in this section, the commissioner is hereby directed

to assure that any official business sign program be implemented with

due consideration of the findings of the economic study identifying

areas potentially subject to substantial economic hardship.

12. The commissioner of transportation shall develop and implement,

after required federal approval, an official business directional sign

program to provide directional information regarding businesses which

provide goods and services to the traveling public. Fees charged to

participating businesses will be such as to make the program

self-sustaining within two years of implementation. The program shall

utilize official signs erected in the right-of-way of the primary

highway system. Such official signs shall meet the standards prescribed

by the commissioner of transportation and the secretary of

transportation of the United States and shall contain thereon, as a

minimum, the business name or trademark, a general service logogram and

directional information. The official business directional sign program

shall be integrated with, but not limited by, information centers

provided for in subdivision ten of this section to maximize the

information made available in the specific interest of the traveling

public. Guidelines for business eligibility and placement of official

signs shall be promulgated by the commissioner of transportation after

public hearing and federal approval. Such guidelines shall include

provision for substantially equivalent directional information upon the

removal of advertising signs, displays or devices providing directional

information. Such guidelines shall provide that priority for

participation in the program be given to those businesses offering goods

and services in the interest of the traveling public (a) which are

primarily local or regional in nature and which would have the least

ability to adopt alternative directional information media, or (b) which

utilized directional advertising signs, displays and devices legally

erected under state law. The traffic generated by a specific business

shall be a secondary consideration in determining priority of

participation in the program. The specific implementation of such

guidelines shall be made with the advice of travel information council

pursuant to subdivision thirteen of this section. The commissioner shall

seek to speed federal approval of the official business directional sign

program.

13. All fees collected by the commissioner pursuant to this section

shall be deposited by the comptroller into the special obligation

reserve and payment account of the dedicated highway and bridge trust

fund established pursuant to section eighty-nine-b of the state finance

law.