A STUDY OF THE FEDERAL AND STATE SCENIC HIGHWAY LEGISLATION COPYRIGHT 1988 All rights reserved by the author. BRUCE SPINDLER The Highway Beautification Act STAT. 1028, as amended, sections 131, States Code was enacted in 1965. (HBA), P.L. 89-295, 79 136 and 319 of 23 United The HBA was a product of the Johnson administration and was based on recommendations made by the White House Conference on Beauty. 1 President that the Act would help It was the hope of the "insure that the nation's highways would be avenues to be true natural beauty of America" and that daily it would lives." 2 "bring the wonders of nature back into our The goal of the HBA was to remove unsightly billboards and junkyards from along all highways built in part with federal billboards ments. 3 If funding. The Act directs and junkyards a state fails in the accordance with states to specific control require- to exercise the proper control over these activities the Act gives the Secretary of Transportation the authority to reduce the state by federal ten and percent. state unsightly eyesores. 4 The effort to federal Act aid highway grant to that thus envisions a remove what most people concerted feel are The unfortunate truth is that this effort has largely been a failure. 5 This paper will examine the federal effort, the state response and then finally some innovative state programs which go far beyond anything mandated by the HBA. final portion of this paper will consist of a Model The Scenic Highways Act which may hopefully offer some ideas and a comprehensive approach to this problem. ()01 fi8 THE FEDERAL EFFORT The 1965 Highway Beautification Act was not the first congressional highways. word on billboards along interstate In 1958 Congress sought to encourage the states to control visual with state-federal a controlling blight Highway Act of 1958. 6 along interstate highways agreement contained in in accordance the Federal-Aid This program gave the states a one-time bonus of one-half percent of their interstate construction grant .f ~ . appropr~ate . 7 centro 1 s were ~mposed. Apparently not all of the states responded to this program; however the HBA of 1965 continues the program for those states that were in the program as of June 30, bonus 1965. payments, retained. 8 These states will continue to receive their provided that the necessary controls are The HBA directs the states to control billboards and junkyards along the highways of the federal aid system. 9 The heart of the legislation with respect to the control of outdoor advertising is the requirement that the Secretary of Transportation withhold ten percent of a state's federal and highway funds if the Secretary determines that a state "has not made provisions for effective control of the erection and maintenance along the interstate system and the primary system of outdoor advertising signs and devices within a six hundred and sixty foot right of way. 10 Effective control of outdoor advertising means that signs within 660 feet of the right-of-way of a controlled highway must (Jfl1-2-fl9- be prohibited . h way. 11 h 1g if visible from the main traveled way of the The Act applies to signs outside of urban areas which are more than 660 feet from the highway if they are visible from the main traveled way and they were erected in order to have their message read. 12 The Act exempts certain signs from control. For obvious reasons directional and official signs are excluded from the Act as are signs advertising the property on which they are located. sale Also, or lease of the excluded are signs advertising activities on the property on which they are located; landmark signs erected prior to 1965 and signs advertising the availability of free coffee distributed by non-profit organiza. 13 t 1ons. Other sections of the Act permit "signs, displays and devices" within 6 60 feet of the highway right-of-ways in areas which are either zoned industrial or commercial under authority of state law or "in unzoned commercial or industrial areas as may be determined by agreement between the several states and the secretary." 14 own zoning The states continue to have authority under their laws to zone areas purposes within the right-of-way. for commercial or industrial This seems to suggest that the states could simply circumvent the requirements of the federal act by rezoning affected areas. One such attempt resulted in a determination by the Secretary of Transportation that the state had not complied with the Act and was therefore subject to the ten percent reduction in Federal Highway Aid. tjf)160 -3- This determination was judicially upheld. 15 Having required the states to remove these signs from the interstate system the Act goes on to restore the informa- tional some function of these of these removed hence section 131(f) signs. signs and (i) The is information contained on important to the traveler and makes provision for this informa- tional function of advertising. In areas where billboards are prohibited, subsection (f) allows the Secretary of Transportation to ''provide within the rights-of-way for areas, at appropriate changes on the interstate system, devices giving information in distances from inter- on which signs, displays and the public may be erected and maintained." interest 16 of the traveling The kind of information these signs may contain and the quantity of information they may contain is not discussed in the Act itself. The subcommittee report on subsection (f) deals with signs a motorist will see in 17 The either direction as he travels the interstate system. signs would contain information advising the motorist about the kinds of accommodations available at the next Usually such information would deal with hotels, tions, restaurants, and telephone services. interchange. gasoline sta- Subsection (f) leaves the actual details up to the Secretary of Transportation who is to promulgate national standards with which the signs must comply. 18 Subsection (i) complements subsection (f). tKt1fl1 -4- Subsection ( i) appll.'es to the state highway departments and authorizes them to maintain advertising "maps and pamphlets" to at permit information safety rest areas. directories The and information contained in such pamphlets and brochures is to be of specific interest to the traveling public. Historic sites, other rest areas and health facilities presumably fall into this category. Subsection (i) also authorizes "information centers" which can be established at these rest areas. These centers would function more or less as little state operated tourism centers informing people of the various places of interest along the interstate and state highway system. The main problem with the informational signs is that particular companies would like to have their logo put on the sign. The national standards put forth in the Federal Highway Regulations set out the guidelines on this problem. is deemed to be information in the specific A trade name interest of the traveling public only if it identifies or characterizes such a place or identifies vehicle service at such a place. 19 The HBA also directs the removal of junkyards along the interstate system and the primary system. 20 Effective control of junkyards requires that junkyards within one thousand feet of the right-of-way be screened from view from the main traveled way by . 21 natural objects, plants, fences or other approprJ.ate means. The Act also authorizes removal of the junkyard from the site. The states may permit junkyards in zoned or unzoned industrial 04)1 fl2 -5- areas within one thousand feet of the right-of-way, as determined by the states, subject to approval by the secretary of Transpor22 . ta t ~on. The Act defines junkyard as an establishment or place of business which is used for storing, buying or selling junk including the operation of automobile junkyards and sanitary land 23 fills. The term junk is broadly defined to include anything from old rna t . 1 er~a scrap metal s. 24 To to rope, . m~squote rags . Just~ce and ferrous Stewart, or nonferrous we know a junk yard when we see one, and it is the purpose of the HBA to make sure that if you are driving along the interstate highway you do not see a junkyard. The Act does not preempt state law. 25 The enforcement of the Act is through the ten percent reduction of the state's federal highway reduction the aid. 26 federal In order government to does impose not the have ten to percent show that specific signs or junkyards are out of compliance with the HBA. 27 It is sufficient if the federal government determines that the state has junkyard removal in previously, failed a way South to regulate outdoor advertising compatible with Dakota went so the far HBA. as 28 and As to enact was stated legislation which zoned commercial corridors through the state corresponding to federally assisted highway program, affording virtually no protection from outdoor advertising. the state The interstate traveler was subject to an "array of billboards" in the midst of tl01 fi;J -6- what was obviously an agricultural area. The court held that the Secretary of Transportation's withholding of the ten percent in federal aid was unreasonable. 29 not without a "rational basis" and was not In 1978 Congress amended the HBA and introduced a new concept to billboard and junkyard control. monetary compensation to billboard The Act now requires owners and to owners of properties on which the billboards are located before they are 30 removed. The traditional method of amortization is not recognized as an alternative to the payment of compensation. The states can no longer use their police power to remove bill31 boards, at least not if they wish to continue receiving the full amount of federal dollars. Section 131(g) states that "just compensation shall be paid upon the removal of an outdoor advertising sign, display or device, lawfully erected under state law and not permitted under subsection (c) of this section, whether or not removed pursuant to or because of this section." has emphasized that compensability depends upon Congress the lawful erection of a sign and cases indicate that compensability is also determined by the manner in which the sign owner operates the sign once it is in place. 32 Signs which have become illegal under state law are not entitled to compensation. The states may enact reasonable sign maintenance laws, permitting boards. requirements, and other rules for regulating bill- These rules are enforceable even if the result is that OOJ~4 the sign owner loses compensable status. However, states cannot circumvent the compens·ation requirement through zoning ordinances and excessive permitting fees so this would subject them to the ten percent reduction. Southhampton, N.E.2d 67 Suffolk Outdoor Adv. Co. Inc. v. Town of 455 N.E.2d 1295, (1983). 60 N.Y.2d 70, motion denied 442 u.s.c. Both 23 §131 and the Federal Highway Regulations require the states to promulgate reasonable maintenance rules . '' 3 3 sJ.gns. for the A sign regulations and operation which has permitting compensation upon removal. and been removal erected requirements of in is "nonconforming accordance entitled to with just A sign which is not properly main- tained once erected is no longer entitled to compensation since it is not being lawfully operated. In other words, a lawfully erected sign must continue to be lawfully maintained in order to 34 keep its compensable status. The Federal Highway Administration defines a non- conforming sign as a sign which was lawfully erected but does not comply with the present state changed conditions. include, areas . prJ.mary to Under the regulations "changed conditions" at erected a on h"J.g h way. 35 later a which does date become secondary These their compensable status. since state regulation due for example, signs lawfully in existence in commercial which lawfully law or noncommercial road nonconforming later signs or classified generally signs as a lose However, there is a grandfather clause permit some amortization of these nonconforming signs they were originally lawfully erected. In order to maintain the nonconforming sign, the sign must actually have been in existence at the time the applicable state law or regulation became effective. The code also sets out extensive criteria on the issue of constitutes 11 in existence 11 at the time of the existing 37 law. As a general rule the sign owner must be prepared to what prove some existing property rights coterminous with enactment of the statute. Compensation for the removal of signs is required only for signs that are not permitted to remain near the highway under section 131(c). This is an important point for state legislators trying to rid their state of unwanted billboards along state and nonprimary highway. 131 (c), Signs Since those signs are not covered by section amortization should still be which highway are not visible from a means the of compensation. interstate or primary system do not require monetary compensation for removal. their Note that signs in commercial areas may still be regu- lated, but in order to remove them you must pay 11 just compensa- . 1138 t 1.on. The 1978 Amendment to the HBA did change the Act in . . f.1.cant ways. 39 some s1.gn1. Originally the compensation provisions of the Act did not cover signs which were removed for purposes unrelated to the Act. The crucial language added to section 131(g) is the part stating "whether or not removed pursuant to or because of this section. 11 It is this language which prohibits states from highways removing without signs paying along just federally compensation. aided Before interstate the 1978 amendment, states felt they could use their police power to zone these areas free of billboards. Arguably this is what New York . Mo d ]es · k a S1gn · · d 1. d 1n Stud1os v. Berle. 40 New York had enacted an environmental conservation law to ensure the natural beauty of 41 the Catskills and Adironacks. The law had envisioned a process of limited permitting regulations and amortization for noncon- forming or unlawful signs. This form of compensation was upheld by the New York Court of Appeals. The amortization period was six and one-half years. 42 Modjeska had stood to win a sizeable award since most of its signs were along federally aided highways. 43 Unfortunately for Modjeska the 1978 amendment came one year too late. Section 131(g) would now require Modjeska to be paid for its signs. While it is clear that "just compensation" must now be paid when signs are removed from along federally funded highways, 44 the money has not always been available. The HBA provides that seventy-five percent of the "just compensation" will come from the federal government and the remaining twenty-five percent will have to be funded by the state governments. 45 Although Congress is very specific in requiring the states to pay compensation for billboard removal, necessary funding. Congress has been reluctant to provide the Subsection (n) of section 131 provides that, "no sign, display or device shall be required to be removed under this section if the federal share of the just compensation to be paid upon the removal of such sign is not available." 4 6 Congress forbids Thus the states from removing signs without paying compensation, then subjects the states to a ten percent reduction for failure to comply with sections 131 (c) fails to appropriate sufficient funds and 136 (c) and then to cover their mandate. Congress then guts the Act by relieving everyone from responsibility for billboard removal under section 131 (n). States who are serious about billboard control are left without a remedy. They can no longer remove billboards along the federal highways under their police power or by using more traditional amortization methods. When the federal funds are not available a state is left unable to pay the high costs mandated by the HBA. The result our is that billboards are simply not removed along highways. Between 1965 and 1981 approximately 180 million dollars of federal aid had been allocated for the removal of nonconforming signs. 47 Federal funding for the removal program has ranged from 75.5 million in 1967 to 10 million in 1971. dollars estimated have that been allocated approximately for 41 junkyard percent of some 35 million control. all It is nonconforming signs that were reported as "in existence" in 1965 were removed by 1981. About 24 percent of all nonconforming junkyards have been removed from sight as of 1981. 48 At present this act which was intended to "bring the wonders of nature back into our daily lives" is finding its strongest support in the billboard lobby which has successfully made the cost of the bill prohibitive. Funding has decreased and billboards and junkyards continue to mar our highways. It is certain that monetary compensation must be paid for the removal of signs and the federal regulations propose three different ways of determining what amount of compensation should be paid. 750.304(c) (2) 49 The first method is suggested in 23 CFR and contemplates several appraisal techniques. As a general rule reproduction less depreciation is the preferred way. All estimates are reviewable by a person other than the one who made the estimate. The second method of determining amount is by schedules that have been generally accepted by industry associations and state governments. These schedules take into account direct and indirect costs associated with the erection and maintenance of certain types of signs. then applied method is expenses; on good a An average value is determine which is statewide because however it the basis to minimizes regulations individual signs. administrative specifically and state This legal these schedules do not purport to be a basis for the determination of just compensation under companies are not em~nent bound 0 by d the oma~n. 0 50 schedules This means that sign appraisal of their individual sign. The third method of determining ()f)1 ~9 -12- fair compensation is called the nominal value plan. 51 value is less than $250.00 and Under this plan, the site value if a sign's is less than $100.00, the government can pay a flat sum of up to $250.00 per non-conforming sign and $100.00 dollars per site. This method avoids techniques. the need for more sophisticated appraisal Under all these appraisal techniques loss of business profits due to change of location or removal of sign are not compensable. 52 Junkyard compensation operates slightly different than billboard compensation under junkyard compensation are the HBA. set out The requirements in section 136 (i) and of (j). There is an interesting twist created under these two subsections which requires the states to pay for relocation costs but does not require the state to pay for screening and landscaping costs. According to section 136(i) the federal government will pay seventy-five percent of the landscaping and screening costs of junkyards located within 1000 feet of a federally funded interstate highway. There is no "just compensation" language in subsection (i). Section 136(j), however, to be paid to the owner of the requires junkyard "just compensation" for the relocation, removal or disposal of junkyards lawfully established under state law. As with established" the billboards the junkyards must be in order to be compensable. "lawfully The federal share of the just compensation is seventy-five percent and the states are obligated to pick up the other twenty-five percent since the Act specifically states that compensation "shall be" paid. 53 The seventy-five percent federal participation in the cost of removal and screening is conditional. The federal participation is allowed for the construction of the screening and landscaping devices, but the cost of the maintenance of the screens and landscaping must be funded by the state or the 54 junkyard owner. As to whether state law requires the state or the junkyard owner to maintain the screens and landscaping, this will be discussed in the next section. State law is mixed on this subject. The federal government does provide percent of the cost of removing and relocating junk. tions provide that where to cover The regula- there are additional costs resulting from stricter controls of junkyards, vided seventy-five seventy-five percent federal funds may be proof these costs. 55 This situation usually occurs when there is inadequate screening in a prior control project and the inadequacy is due to higher screening t standards . 56 l.ons. No established rights to under state compensation law accrue, or changed however, condiuntil a taking or removal has occurred or screening costs are incurred. The federal government will pay seventy-five percent of the cost of employment of landscape architects and other qualified consultants. 57 Relocation assistance benefits are available for the actual reasonable moving expenses of the junk, the actual direct t}ft-1-~1... loss of tangible personal personal property. 58 property and The relocation of over outright acquisition. 59 the moving costs of junkyards is preferred Relocation aid for billboards available only if they are not acquired. is Billboards are usually acquired outright. Title III of the Act also establishes a policy of landscaping and scenic enhancement along federally funded highways. The scenic overlooks program is meant highway establish adjacent to all just the interstate system. the to trust fund construction program. scenic easement federal-aid highways and and not Funding for this program is out of as a regular part of the highway The easement and overlook program is meant to correlate with the information centers and systems under 23 USC 13 (i). In fact, the scenic overlook program is seen as a 60 part of the safety rest area program. The HBA also designates one other easement . H.1.gh way. 61 called the Great River Roa d S cen1.c program It runs through ten states and a good portion of the route is not on the interstate or federal-aid primary system. lation requires outdoor length of the route. negative member along easements state the markers. 63 must route 62 advertising The authorization legiscontrols along the entire States may resort to the acquisition of to establish exercise which will the billboard "effective have control" uniform controls. of The billboards identifying trail The HBA started out with very noble intentions; ever, the "just compensation" reduced the states' requirement under the how- Act has ability to effectively deal with the visual blight caused by these billboards and junkyards. Congress has generally failed to appropriate sufficient funds for the states to proceed with pointed out that the broad at removal current programs. levels of One funding it commentator will take Congress one hundred and ten years to remove the billboards from . h ways. 64 a 1 ong th e h ~g Th e state response to the HBA has b een very mixed precisely because the HBA does more harm than good. The Act was originally designed to remove billboards, but it is now quite apparent that the Act has actually delayed the removal of billboards and junkyards. THE STATE RESPONSE The state response has been checkered at best. Most states enacted some legislation to cover the requirements of 23 USC §§ 136 and 131. Few states went beyond the minimum requirements of the federal legislation. The main reason for this is the "just compensation" requirements of the federal act and the relatively low funding by the federal government to cover its seventy-five percent. The Colorado legislative council conducted a survey of the fifty states and received replies from thirty-seven. replies are indicative of the sense of frustration the have in dealing with this piece of federal legislation. commented that "The terrific tJClt?~l administrative 65 The states Alabama expense in administering a program meeting federal requirements is a doubtful investment on the public's part for the benefits derived therefrom." Washington state responded that "it has hindered our ability to enforce our 1961 Act, due to the compensation factor and resulting delays occasioned by several court injunctions filed in various federal courts." 66 Of the approximately twenty-four complying states, fifteen of them had enacted strong billboard control legislation before the 1965 Act. 67 The most serious problem faced by the states in this area after passage of the 1965 Act was that they had previously legalized billboard control through their police powers and now they were confronted with the possibility of losing their federal-aid highway funds for regulating billboards without using their eminent domain power. As one person noted, the "law should be transformed into a large-scale federal effort to make billboards - not scenery - more visible • • • the act is 68 an object lession in what not to do." Of enacted the states legislation which requiring mandated by the federal Act. are "just in compliance, compensation" none have above that All states condition the removal of billboards and junkyards on the availability of both state and federal funds. Most state statutes make it clear that authority to regulate advertising and junkyards is to be done under the 69 state's eminent domain authority and not the police power. The scenic highway programs in most states begin with a recitation of their purpose. purely aesthetic reasons Since some states do not recognize for regulating, most of these purpose sections are drafted to contain other policy reasons. of the objectives highway sought programs conservation . h ways; 70 h 1g of are: by To natural most states provide scenic under for beauty the A sampling their scenic recovery along designated and scenic to protect the public investment in the interstate system and other state highways, 71 to attract visitors to the state by conserving the natural beauty of areas adjacent to the interstate system, areas t h roug h 72 to return economic viability to distressed . promot1on of t he t our1sm, . 73 and to insure that information in the specific interest of the traveling public is presented maintain safely the and effectively. property values 74 along Other the purposes highways, to are to create a favorable public image and to ensure the safety of the highways. One state has boldly stated the truth, that their scenic highway program was enacted to "comply with the federal law, not otherwise." and it is 75 Various states choose different methods of designating scenic Of highways. interstate course, all federal-aid highways system are declared to be and scenic highways, the but the states will often designate other highways as either scenic or memorial scenic highway are Generally any state federal or The parkways. general usually highway which funds criterion laid is out in a maintained and which is not for designating a comprehensive plan. through needed the for use of essential defense or commercial traffic will be eligible for scenic highway 76 designation. For the highway to be eligible, it usually must travel through scenic, historic, geologic or pastoral areas of 77 the state. If the route is a main travel way for tourism and connects up with other scenic areas it is likely to receive a favorable designation. Some states which have no actual scenic highways act have designated certain highways as memorial parkways or highways and instituted regulations along these routes. 78 Other states have simply designated any state highway within any public park, outside the boundaries of any incorporated city or town which is designated by the legislature as scenic, as being part of the state scenic highway system. 79 A main criterion of scenic highway designation is that the highway be interconnected with other scenic routes. need for Almost all of the states recognize the an interconnected system. uniform program for signing, Most states provide for marking and promoting the a scenic highway system. As is common with all legislation, the state highway acts begin with a lengthy definition section. scenic Most of the definition sections define the interstate and primary system of highways to tie in with Title 23 of the United States Code. Of major importance is the definition of "commercial and industrial areas" signs under as these areas are permitted to have advertising the Code. Generally a "commercial and industrial area" means any area zoned commercial or industrial by a county or municipal code. If an area is unzoned by a county or munici- pal code but the area is occupied by three or more separate and distinct commercial or industrial activities within a space of five hundred feet and the area within five hundred feet of such activities on both sides of the highway, sidered commercia1. 80 the area may be con- Agriculture, forestry and farming are not considered industrial activities. 81 As with the federal legisla- tion, the state acts extensively define such terms as junkyard, advertising, "sign structure or advertising devices," informa- tiona! panels and rest area. One criticism frequently amended. 82 of the federal act . l.S that it is It is therefore no wonder that there is a certain amount of lag time between the federal amendments and the state legislative updating of their own acts. Needless to say since the federal seventy-five percent is seldom appropriated the states do not have as their legislative priority updating their The states which have scenic highway scenic highway statutes. legislation regulate billboards and advertising structures within six hundred and sixty feet of the federal highway. The federal junkyard regulations apply to junkyards within one thousand feet of the interstate system. Some states simply combine the two requirements and regulate both advertising and junkyards within 83 one thousand feet of the scenic highway system. Those states which have updated their acts usually regulate all advertising which is visible from the interstate tl(l1~- and primary system of highways. Most states put the sole responsibility for enforcement of their scenic Transportation. designate highway statutes in the State Department of Usually this department is given authority to certain highways as part of the scenic highway system. 84 Other states reserve the power to designate highways . 1 eg1s . 1 atures. 8 5 Ot h er states comb1ne . . as scenic t o th e1r var1ous departments such as the departments of tourism, parks and wild1 1. f e, an d t ranspor t a t 1on . . th e 1n d es1gnat1on . . process . 8 6 • county and city involvement is also encouraged. Local California has adopted the concept of a "complete 87 highway." This concept is that of a highway which takes into account not only safety, utility and economy, but also beauty. In the development of these official scenic highways the departmental transportation advisory committee must give special attention both to the impact of the highway on the landscape and 88 to the highway's visual appearance. Of particular interest are the efforts of some states to require scenic highways to conform to the natural topography. 89 Some states require environmental impact studies before implementation of the program. In conformance with the concept of a scenic highway states have taken steps for the requiring of the undergrounding of all future electric and communication distribution facilities. The undergrounding of cables is to be done whenever feasible and not inconsistent with sound environmental planning. Whenever undergrounding 1.s feasible the Department of Transportation 1.s instructed to work with both the state utilities commission and the local governments and planning commissions. 90 In california the state public utili ties commission issued an order that all public and private distribution utility facilities companys which feet of a scenic highway. are must underground located within one their thousand Distribution facilities which can be should also be underground. 91 seen from the scenic routes This is apparently accomplished under the state police power and the cost to the state should be minimal. The federal act does not require "just compensation" for the undergrounding of electrical and communication cables. Some states have enacted extensive billboard and sign controls. These regulations on controls to some extent parallel the federal informational signs and billboard controls. It should be noted that whereas not all states have adopted scenic highway programs, all states have adopted some form of billboard and junkyard control in order to comply with the federal act. States which have enacted extensive billboard and sign controls are usually Vermont Most have states states which have virtually begin by a lot prohibited prohibiting of off-premises all signs certain categories of permissible signs. directional and official signs or tourism. notices~ and Hawaii and billboards. then set 92 out Permissible signs are signs advertising the sale or lease of the property upon which they are located; signs advertising activities conducted on the property on which they are located, and finally, a generic category of signs which are not inconsistent with the policy of the state chapter or the national policy set out in section 131 of the Title 23 United States Code. The series of sign controls in state codes great deal of legislative thought. represents a Some codes seem to violate the first amendment protection of speech. Hawaii has a provision in non-commercial its code 93 billboards. unlawful which explicitly exempts speech This would engage the Hawaiian government in an content regulation and determination of speech. 94 Hawaii does allow outdoor advertising devices carried by persons or placed upon vehicles used for the transportation of persons or goods. 95 Almost controls have all of the implemented states which spacing have extensive s1gn Signs are requirements. usually designated by class and signs of a certain class must be spaced at least a specified distance apart. Signs which adver- tise activities conducted on the premises are usually limited to one sign, which is visible to traffic along the . d act1v1 . . t y. system, within fifty feet o f t h e a d vert1se interstate 96 A . s1gn advertising the lease or sale of property along the interstate system may be placed upon each piece of property for sale or lease without regard to the distances. Specific information panels within the right-of-way of {)().100 the interstate system are authorized in most of the states which have enacted scenic highway statutes. These panels generic information such as "gas,'' "food" or "lodging." ton state ties 655.307 (2) • 97 contain its information As per the one or more panel federal individual program regulations, business contain Washing- into 23 CFR the panels may signs or logo. The transportation department is allowed to charge reasonable fees for the display of individual trademarks on the information panel to defray the costs of the panel program. 98 Conceivably the information panels could pay for themselves. this is that advertising the government business and is since The problem with then engaging the in the information private panels cannot contain all of the business trademark names at any one interchange, the government must decide who gets solution to this then establish to put their name on problem is to simply the some sign. use the criterion to The easiest . gener~c terms "food," "lodging" and "gas," but then the informational panels do not pay for themselves. If there is just one gas station at the interchange there will be no problem with including its business logo on the information panel. However, if there are several gas stations, restaurants and motels, problems arise. As a further consideration, the Washington Code does not allow more than six business . s~gns . f ormat~on . on any one ~n pane 1 • 99 Of the three main types of signs permitted under both state and federal law, none need to apply for state permits. All other signs and billboards must apply charge of permitting signs. high of a 10 taking. permitting ° five state agency in Care must be made not to charge too fee or this would constitute an unlawful Fees generally run from around ten dollars to twenty- dollars. filing. to the This amount covers the administrative cost The permit must be renewed on an annual basis. of Failure to properly maintain the sign is an adequate reason for revoking or failing to renew a permit. their compensable status. Non-conforming signs also lose The fees for having your tradename on an information panel can be much higher. 101 The states have regulating junkyards. a long history of controlling and Traditionally this has been done through their police power and zoning laws since junkyards are seen as special forms of land use which cause noise, air pollution and other health hazards to the surrounding areas. Federal partici- pation in the cost of screening and landscaping is available for the construction, but not . ma1ntenance of . k yar d s. ]Un 102 Th e states are divided as to whether the state or the junkyard owners must pick up the rest of the costs. In Arkansas, the Court held that where the junkyard was in lawful existence at the time of the passage of a statute requiring screening of junkyards located within 1,000 feet of the highway, imposition of the cost of the screening upon the property owner would be unconstitutiona1. However, the 103 other states have taken a different approach requiring property owner to pay the screening costs even for nonconforming junkyards where the junkyard has expanded beyond its original conforming use. 104 Prior to the enactment of the HBA many states already had in place statutes controlling the screening and location of 105 junkyards. At present all states have enacted laws to comply with the HBA and the national Secretary of Transportation. standards promulgated by the Many of the state laws trace the language of the federal requirements and differ only slightly in some areas to incorporate other land uses. State junkyard laws can be broken down into four subdivisions. have a definitional section in their All of the states junkyard statutes. The second subdivision deals with regulatory provisions for maintaining "effective control" of roadside areas. The third area addressed in most state statutes are the requirements for licensing and permitting of junkyards. the procedures The fourth area of concern is for removal of illegal junkyards and legal but k yar d s. 106 . . noncon f orm1ng JUn The generally definitional follow the situations some additional language activities. sections federal states in have order in the act and regulations. introduced to slightly include or definition junkyard be statutes In certain different exclude or certain Almost all of the states define effective control as it is defined in the HBA and the regulations. its state of effective screened control the to ordinary view at Maine includes in requirement all times that the from the highway by natural object or fences which shall be maintained at a minimum height of six feet and acceptable to municipal officers and county officials. 107 North Carolina specifies that effective control requires that the junkyard shall not be visible at any season of the year. 108 Presumably in the winter when the leaves fall of of the trees and shrubs, the junkyard would be in violation of the statute if it becomes visible from the highway. Some states have also modified the term junk. For example, Nevada has defined this term so as to include abandoned motor vehicles, and "all other second-hand articles or material" of any kind. "refuse" rubbish, and defines it as 109 used or cast off Wisconsin calls its junk combustible and noncombustible • including but not limited to paper, wood, glass, cloth and products thereof. It also includes "other debris resulting from or the construction demolition of structures." 110 Where states have changed the definition of "automobile graveyard" they have done so usually to specify the minimum number of wrecked cars needed in order to constitute a graveyard. Vermont speci- . . d .. lll f1es that three cars const1tute an " au t omo b.l 1 e graveyar . The regulated setback in all states is at least 1,000 feet. Some states have extended the distance to greater amounts and other states have applied the 1,000 foot federal requirement to state increased highways the not setback covered by along the the HBA. interstate areas not mandated by the federal Act. Many system states to have include Other states which have setback requirements on non-primary and state highways frequently decrease the setback requirements. For example, Maine requires a 1 '000 foot setback on the interstate system and mandates a "600 foot and visible" for all other highways. 112 requirement The states also allow junkyards in control areas only if they are zoned industrial or commercial. Some states exceed the federal requirements and do not allow junkyards in these areas at all or allow them only in industrial but not commercially zones areas. 113 At present time almost all states have some licensing or permit fee for junkyards. form of Other states also have permit requirements for scrap salvage, metal recycling facilities and processing facilities. usually accomplished by The removal of illegal junkyards is declaring the junkyard a nuisance. Arizona has statutorily declared any junkyard, not complying with state law, to be a nuisance, subject to abatement in any proceed. ~ng · ~n a county · super~or tion for nonconforming yards. cour t . 114 Mos t s t a t es 'd prov~ e compensa- junkyard removal, but not illegal junk- This is a violation of the HBA. 115 CONCLUSION The HBA was intended to be an act which would provide a national policy and standard for improving the visual environment of the nation's highways. has largely been a failure. In the area of billboard control this States have resorted to all sorts of t t• . 116 ac ~cs ~n order to control billboards along their highways; however the HBA requirement of just compensation plus the ten percent reduction have proved effective in limiting the state's options in dealing with visual blight. One option for a state which is seriously considering dealing with this problem is to forego the ten percent of its federal allocation since the Act does not preempt state law. Other means of dealing with this problem is through zoning which has mainly a prospective impact on billboards since nonconforming signs must still be compensated with money. In the area of junkyard control the states have been somewhat more successful and the federal Act provides the states with more flexibility. the states under Screening of junkyards can be mandated by their police power. Junkyards can also be state is controlled through zoning. It getting by is difficult to determine requiring signs and junkyards. "just just what the compensation" for "nonconforming" They are not purchasing a negative easement which would forever bind the land and the landowner to maintain the property free of billboards and junkyards. The only thing preventing the future building of billboards on the same parcel of land is the "industrial" or zoning ordinance. "commercial" If the zoning is changed to presumably the landowner would be free to erect new billboards despite the fact that he has been paid for removing what was previously a nonconforming sign. The landowner could do this apparently without having to repay the .· government one penny of the just compensation he had received. While the Act is very stringent in requiring that "just compensation" be paid, Congress has generally been very allocate the necessary funds. reluctant to If Congress does decide to allo- cate funds for this purpose hopefully they will also change the Act so that the state gets some proprietary interest in return for its just compensation. FOOTNOTE/ENDNOTE 1. H.R. Coc. No. 191, 89th Cong., 1st Sess. 2 (1965). 2. H.R. Rep. No. 1084, 89th Cong., 1st Sess. 2, reprinted in 1965 U.S. Code Cong. and A. 0. News at 3710, 3711. 3. P.C. 89-185, 79 Stat. 1028, § 131, 136, 319 of 23 U.S.C. 4. Id. 23 U.S.C. § 131(b). 5. See e.g., Romero, The State and Federal Quandary Over Billboard Controls, Natural Resource Journal 19:711 July 1979; Lynch, Federal Highway Beautification Act, Metromedia v. City of San Diego, 35 Emory Law Journal 419 (1986); Swenson, A Sign of the Times: Billboard Regulations and the First Amendment, 15 St. Marys Law Journal 635 (1984); Kussy, Compensation for Billboard and Junkyard Removal Under the Highway Beautification Act, the Practical Lawyer Vol. 27 No. 5 pg. 65 July of 1981. 6. P. L. 850381, 72 Stat. 89. 7. Id. 8. 23 9. Id. at § 131, 135 and 136. 10. Id. at § 131 (b). 11. Id. at § 131 (c). 12. Id. at § 131 (c). 13. Id. 14. Id. at § 131 (d). 15. See, South Dakota v. Volpe, 353 F.Supp. 335 (D.C.S.O. 1973); South Dakota v. Adams, 587 F.2d 915 (8th Cir. 1970), cert. denied 451 u.s. 961 (1979); State of Vermont v. Brinegar, 379 F.Supp. (D.Vt. 1974). 16. 23 17. H. R. Rep. No. 1084, 1965 u. s. Code Cong. and Ad. News at 3715. Little attention was paid to the First Amendment freedom of speech issues involved in sign regulation or some u.s.c. u.s.c. §131(j). 131 (f). ( )1 of the problems in bringing aesthetic regulations under the states' police power. See, Peters, The Truth About Beauty: The. Changing Role of Aesthetics in Billboard Legislation, Env~ronmental Law 9:113, 1978; Lynch, The Highway Beautiful Act, 35 Emory Law Journal 419 (1986). u.s.c. 18. 23 19. 23 C.F.R. § 750.105(c). 20. 23 21. Id. at § 136 (c). 22. Id. at § 136 (g). 23. Id. at § 136(f). 24. Id. at § 136 (d). 25. See e.g. In Re Columbus Outdoor Advertising Co., 367 A.E.2d 920, So.0.3rd 329, 51 Ohio App.2d 187 (1977), Art Neon Co. v. City and County of Denver, C.A. Colo. 1973), 488 F.2d 118, cert. denied 417 u.s. 932. 26. 23 27. See, South Dakota v. Adams, D.C.S.D. 1980, 506 F.Supp. 60, Aff'd. 635 F.2d 698, cert. denied 451 U.S. 984. 28. Id. 29. State of 1973). 30. 23 31. Parks v. Donrey, Inc., 596 F.Supp. 347 (D.C. Ark. 1984). 32. See. e.g., State v. Nat'l. Advertising Co., 409 A.2d 1277 (Me. 1979). 33. See e.g., 23 U.S.C. § 131(b); 23 C.F.R. §§ 750.305(b)3 and 707(d) and (e); 23 C.F.R. § 750.304 requires the state to file with the federal highway administration a report detailing its HBA program and a priority system for removing signs from certain segments of the highway. The regulations recommend the following priority, (1) illegal and abandoned signs, (2) hardship situations, (3) nominal value signs, (4) u.s.c. u.s.c. u.s.c. § 131 (f). § 136. ~ § 131(b) and§ 136(b). South Dakota v. Volpe, 353 F.Supp. 335 (D.S.D. § 131 (g). signs ~n areas which have been designated as scenic under ~uthor1ty of state law, (5) product advertising on (i) rural 1nterstate (ii) rural primary (iii) urban areas. 34 • See, 2 3 C. F. R. § 7 50. 7 0 3 (e) and § 7 50. 7 0 5 and § 7 50. 7 0 7 (b) . a nonconforming sign is a sign which was lawfully erected but does not comply with the provisions of state law or state regulations passed at a later date, or later fails to comply with state law or state regulations due to changed conditions; State v. Nat' 1. Adv. Co., Me. 1979, 409 A. 2d 1277. 35. 23 C.F.R. § 750.707(b). 36. Id. 707 (c). 3 7. Id. 38. 23 u.s.c. § 13l(d). See, e.g., State v. Nat'l. Advertising Company, 387 A. 2d 745 (Me. 1978); In Re Columbus Outdoor Advertising, 51 Ohio App.2d 187, 367 N.E.2d 920 (1977). 39. Surface Transportation Act of 23 u.s.c. § 131 (s) (1965). §§ 121 and 122 of Surface 1978, Pub.L.Mo. 95-599, Transportation Act. 40. 373 N.E.2d 255 (1977), appeal dismissed 439 U.s. 809 (1978). 41. N.Y. Environmental 1954). 42. Id., see also 373 N.E.2d 255 at 258. 43. 373 N.E.2d 255 at 263. 44. For a thorough analysis of this funding problem see, Obstacles to Billboard Removal, a report prepared by the Government Accounting Office, CED-78-38 (Mar. 27, 1978). 45. 23 u.s.c. § 131(g). 46. 23 u.s.c. § 131 (n). 47. Note 44. 48. See, Kussy, Compensation for Billboard and Junkyard Removal Under the Highway Beautification Act, the Practical Lawyer Vol. 27-No. 5 July 15, 1981. Conservation ()4t100 Law, §9-0305 (McKinney .. 49 • 2 3 C • F • R . 7 5 0 • 3 0 4 ( c ) and (d) . 50. Id. § 750.304 (c). 51. Id. § 750.304(d). 52· Id. § 750.304 (c) (4). For a discussion of billboard valuation techniques see, City of Sottsdale v. Eller Outdoor Advertising Co. of Arizona, 119 Ariz. 86, 579 P. 2d 590 (1978); Cunningham, Billboard Control Under the Highway Beautification Act of 1965, 71 Mich. L. Rev. 1295, 1319-1325 (1973); Annot., 73 A.L.R.3d 1122 (1978); Newman Signs, Inc. v. Hjelle N.O. 1982, 317 N.W.2d 810. 53. See e.g., Lamar-Orlando Outdoor Advertising v. City Ormund Beach, Fl. App. 5th Dist. 1982, 415 So.2d 1312. 54 • 2 3 • C • F • R • 7 51 . 1 7 ( a ) and (h) ( 4 ) . 55. 23 C.F.R. 752.17(d). 56. See generally Netherton and Wood, Control of Junkyards Under the Highway Beautification Act - A Comparative Summary of Federal and State Laws and Regulations (U.S. Dept. of Transportation Federal Highway Administration, 1975); Foster v. Arkansas, State Highway Commission, 258 and 176, 527 S.W.2d 601 (1975); City of Rochester v. Baker, 48 App. Div.2d 1004, 369 N.Y.2d 260 (1975). 57. 23 C.F.R. 58. Relocation assistance is made under 49 C.F.R. 25 and is discussed in relationship to junkyard relocation costs at 23 C.F.R. § 751.21. 59. Title II of the Uniform Relocation Assistance Property Acquisition Prolicies Act apply to relocation. 60. 23 C.F.R. § 756.6. 61. 23 u.s.c. § 148. 62. 23 C.F.R. § 661.3. 63. Id. 64. Newsweek, March 5, 1979 at 18. § § of 751.17(a). 661.6(d) and (e) . Q and Real junk yard ' 65. Lamm, The Highway Beautification Act of 1965: A Case Study in Legislative Frustration, 46 Denver Law Journal 437 note 2. 66. Id. 67. the complying states are Alaska, *~alifornia, * Co~necticut, *Delawar~, District of Columbi~, Hawaii,*Iowa, Kentu~ky, Maine, Maryland, Minnesota, Nebraska, N~ Mexico, New York, Ohio, Penns~vania, P~rto Rico, * Rhode Island, Tennessee, Utah, Vermont, Virginia, West Virginia, Georgia, Mississippi, Alabama. States with asterix had strong billboard regulations before the 1965 federal Act. Individual state codes should be consulted for further reference on whether the state is in compliance with the federal Act. This list is partial. 68. Williams, Legal Techniques to Protect and to Provide Aesthetics Along Transportation Corridors, 17 Buffalo L.Rev. 701, 714-715 (1967-68). 69. See, Tenn. Code Ann. § 54-17-101 et seq. (1970; Ga. Code Ann. § 95-201 et seq. (1976); N.C. Gen. Stat. §§ 136-12216-125 (1980); Cal. Bus. and Prof. Code§ 5412(c) (West 1974 and Supp. 1978); Hawaii Rev. Stat. § 745-112 (1976); Or. Rev.Stat. ch. 377 (1977); Ut. Stat. Ann. tit. 10 § 488 (Equity 1973 and Supp. 1978). This list is not comprehensive, but rather a sampling of state statutes which use eminent domain to regulate billboards and or junkyards. 70. See generally note 69, plus Wash. Rev. Code § 47.42 et seq. (1971); Ala. Code§§ 23-1-220- 23-1-223;Va. Code§§ 331-62 - 331-66 (1984). 71. Id. 72. Id. 73. Id. 74. Id. 75. Cal. Bus. and Prof. Code § 5412 (c) (West 1974 and Supp. 1978). California has always had strong billboard and junkyard regulations and it found the federal legislation more of a hinderance than a help. 76. see notes 69-74, and generally statutes in states listed in note 67. fj()1 Q~ • 77. See Tenn. Code Ann. § 54-17-105 (1976). 78. See Okla. Stat. Title 69 § 1602-1618 (1986). 79. See Wash. Rev. Code Ann. § 47.42.020(7) 80. See 23 81. South Dakota v. Volpe, 353 F.Supp. 225 (D.C.S.D. 1973). 82. See, Kussy, Compensation for Billboard and Junkyard Removal Under the Highway Beautification Act, the Practical Lawyer Vol. 27 no. 5 p. 65 1981. 83. See, Tenn. Code Ann.§ 57-17-108 (1971). 84. See Ca. Streets and Highway Code,§ 5154, 260 (1982). 85. Note 83, 69-70. 86. Id. 87. Ca. Street and Highway Code,§ 261 (1982). 8 8. Id. 89. Id., see also, Iowa House File 623, An Act Relating to the Identification, Protection, Planning and Promotion of Public Highways and Roads Along Scenic Regions of the State, section 3. 90. For a general discussion of undergrounding electrical and communication cables, see the Aa. Street and Highway Code, § 320 (1982). 91. Cal. Pub. Util. Code, § 320 (1988). 92. See, e.g. Hawaii Rev. Stat. § 445-112 (1976); Vt. Stat. Ann. Tit. 10 § 488 (Equity 1973 and Supp. 1978). 93. Id., Hawaii Rev. Stat. 445-112 (g) 94. See, e.g. Metromedia, 490 (1984). 95. Note 93, supra. 96. wash. Rev. Code § 47.42.045 (1985). u.s.c. (1985). § 131 (d); note 76. Inc. v. City of San Diego, 453 U.S. • 97. Id. 98. Id. at § 47.42.046. 99. Id. at § 47.92.047. 100. Ace Tire Co. v. Municipal Officers of City of Waterville, 302 A. 2d 90 (Me. 1973). 101. An installation charge will run as high as $320.00 plus an annual maintenance fee of $50.00 to $95.00. 10 2. 2 3 C. F. R. §§ 7 51. 17 (a) , (d) and (b) ( 4) • 103. Arkansas State Highway Commission v. Turk's Corporation, Inc., 254 Ark. 67, 491 S.W.2d 387 (1973). Auto 104. See Norton Shores v. Carr, 81 Mich. App. 715, 265 N.W.2d 802 (1978). 105. In 1965 the Bureau of Public Records sent out a questionnaire to each state highway department. The survey showed that 23 states controlled junkyards on a statewide basis. Forty-six states could control junkyards in municipalities and other political subdivisions by zoning or licensing. Twenty-eight states had some legal method of controlling junkyards outside of municipalities. See Netherton and Wood, Control of Junkyards Under the Highway Beautification Act - A Comprehensive Summary of Federal and State Laws and Regulations (U.S. Department of Transportation - Federal Highway Administration, 1975). 106. For a detailed discussion of the state legislation in this area see Netherton and Wood, note 56 supra. 107. Maine Rev. Stat. Ann. c. 30, 108. North Carolina Gen. Stats. §§ §§ 2451-B, 2454 (1) (1975). 136-143, 136-144 (2) 109. Nevada Rev. Stats. § 110. Wisconsin Stats. 144.43, 151.02, 151.15 (2) (e) § 111. vermont Stats. Ann. (1967). 710.040-080 (1979). §§ 112. Maine Rev. Stats. Ann. (1975). 24-2241, 2257 (1975). § 30-1454 (1975). 113. For example, New Mexico allows junkyards in areas zoned industrial only. New Mexico Stats. §§ 55-11-8 and 9. Hawaii follows the same rule; see Hawaii Rev. Stats. 264-84 (1966). 114. See Arizona Rev. Stat. 28-2133 (1974). 115. Id. 116. See, e.g., Mississippi, North Dakota, South Dakota, Idaho and Michigan, all of which have statutes providing for negative easement or have long established programs for acquiring easements with either federal or state funds. See Central Advertising Company v. Michigan State Highway Commission, 383 Mich. 1, 172 N.W.2d 732 (1969); Mich. Camp. Laws. Ann. §§ 252.251 et seq. (West 1966). By: .B. No. _______ A BILL TO BE ENTITLED AN ACT 1 2 to establish a system of scenic highways corridors. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS. 4 SECTION 1. POLICY AND PURPOSE. (a} In order to promote the 5 safety, convenience and enjoyment of travel on 6 the 7 tourists 8 general public investment and promote welfare in and protection of highways within this state, to attract the prosperity, economic well-being and of the state, to preserve and enhance the natural • 9 scenic beauty and aesthetic features of the highways and adjacent 10 areas, to promote the reasonable, orderly and effective display of 11 information 12 accommodations, commercial services 13 businesses and points of scenic, cultural, historic, 14 recreational 15 system of scenic highway corridors for the State 16 system shall consist of those highways or roads or sections thereof 17 that 18 according to the provisions of this Act. are for travelers and facilities, tourists concerning and and religious interest, there is hereby established a so designated by the legislature of from Texas. The legislature hereby finds and declares that: 20 (1} the contains numerous distinct and diverse landscape regions of outstanding scenic beauty; (2} 22 24 state Such time to time (b) 23 other educational, 19 21 public the many of the major historical and cultural attractions of state are linked by the vast highway network within the state; (3} the economic impact of tourism in Texas is 8950003 9/9/88 1 001Q significant; .B. No. 1 in 2 employed in 3 generated from visitor expenditures of $16.7 billion dollars; 4 1985 (4) the s t at e ran k e d fourth nationally in number of persons tourism, that $1,791,000 unsightly dollars clutter from in tax revenues indiscriminate outdoor 5 advertising, overhead power lines, junk yards and 6 commercial 7 state highways, thereby adversely impacting tourist travel; and 8 9 (5) development many expenditures states have could which such 10 communities and tourist 11 travel tourism industry. jeopardize compete scenic thereby fostering The purposes of this Act are to: 13 (1) provide 14 15 16 17 18 19 20 21 22 23 24 for systems (c) the Texas highway attractions recovery forms of the scenic qualities of with 12 for other were tourist which a link strong and conservation of natural scenic beauty within designated scenic highway corridors; (2) provide a safe and attractive environment for tourists and travelers to enjoy the scenic beauty of the State of Texas; (3) maximize the potential of little-used and bypassed sections of highway; (4) return economic viability to distressed areas of of through the promotion of tourism; and (5) provide for preservation routes historical significance throughout Texas. SECTION 2. SHORT TITLE. This Act may be cited as the Scenic Highway. Corridor Act. 25 SECTION 3. 26 (1) DEFINITIONS. In this Act: Billboard means any board, fence or 89S0003 9/9/88 2 001~ similar structure, .B. No. 1 whether 2 structure, which is designed or used for the principal 3 having 4 it. 5 freestanding or supported by or placed against any wall or purpose of outdoor advertising devices placed, posted or fastened upon Business sign means a separately attached (2) a sign mounted 6 on specific tourist information panel or within a roadside area 7 information facility to show the brand or trademark 8 both, of the traveler service available on the crossroad at or near 9 the interchange. Nationally, regionally or and name, locally or known 10 commercial symbols or trademarks for service stations, restaurants, 11 motels, tourist attractions or related 12 when applicable. 13 on 14 general 15 trademarks 16 resemble any official warning or regulatory traffic sign, signal or 17 device are prohibited. 18 insignia of any nation, state or town. the or 19 (3) 20 Transportation. 21 (4) 22 23 by a shall be used The brand or trademark identification symbol used business shape facilities sign shall consistent brand Department be with symbols reproduced customary which with the colors and use. interfere Any messages, with, imitate or This does not include the flag, pennant means or the Department of Highways and Public Logo means a single multicolored symbol or design used business as a means of identifying its products or services. (5) Junk means old scrap copper, brass, iron, steel and 24 other old or scrap or nonferrous material including but not limited 25 to rope, 26 discarded, rags, batteries, glass, rubber debris, waste, trash or any dismantled, 8950003 9/9/88 wrecked, scrapped or ruined motor vehicle, .B. No. 1 industrial equipment or parts thereof. 2 (6) Junk yard means any place of outdoor storage or deposit, 3 whether in connection with a business or not, which is 4 operated 5 selling junk or as a scrap metal processing facility. 6 mean 7 for less than 90 days for inspection or repairs. or a used for storing, keeping, maintained, processing, buying or It does not garage where wrecked or disabled motor vehicles are stored 8 (7) Outdoor advertising device means any device which is: 9 (A) a writing, picture, painting, light, model, display, 10 emblem, 11 designed that it draws the 12 highway, 13 entertainment or amusement, bought, sold, rented, hired, offered or 14 otherwise traded in by any person or to the place or 15 or by whom such buying, selling, renting, hiring, offering or other 16 trade is carried on; 17 sign or park (B) a similar or sign, other device situated attention public poster, of outdoors, which is so persons in any public place to any property, services, notice, bill or person words in where writing 18 situated outdoors and so designated that it draws the attention 19 and 20 place; or 21 (C) is read by persons in any public highway, park or other public or a sign, writing, symbol or emblem made of design device 23 function is not giving light, which is situated outdoors and 24 the 25 public place. attention (8) of made of persons lights in any Service highway corridor 8950003 9/9/88 (Jf)1 QO • so lights 22 26 of or a designed that its primary draws public highway, park or other means any highway, road or .B. No. 1 segments thereof designated from time to time by the Legislature of 2 the State of Texas under the provisions of this Act. 3 (9) Scrap metal processing facility means a manufacturing 4 business which purchases sundry types of scrap metal 5 sources 6 manufacturing companies, 7 salvage 8 companies and plant dismantlers 9 wholesale including the following: from industrial plants, fabricators, railroads, junk yards, auto wreckers, dealers, building wreckers, energy production and pipeline and sellers of scrap metal steel foundaries where the scrap metal is melted down and 11 in their manufacturing process. (10) Tourist-oriented 13 specific 14 information 15 activity. traveler (11) 16 in shipments directly to foundaries, ductile foundaries and 10 12 various to directional information a panel sign to means utilized a sign on a provide directional qualified tourist-oriented business, service or Tourist-oriented business means any cultural, lawful, 17 historical, recreational, educational or entertaining activity or a 18 unique 19 portion of whose income or visitors are derived during 20 business 21 of the activity. 22 (12) or unusual season commercial or nonprofit Traveler information panel means a in shape, not to exceed 60 inches by 84 inches, 24 manner 25 traveled way, consisting of: 26 (A) other the 8950003 9/9/88 its normal from travelers not residing in the immediate area 23 as activity, the major official words "GAS," traffic "FOOD rectangular panel, located in the same signs, readable from the main I II "LODGING," or "TOURIST .B. No. 1 ATTRACTION," or international graphic; 2 3 (B) or more individual business signs or trade logos mounted on the panel. 4 5 one (13) Visible means capable of being seen without visual aid by a person of normal visual acuity. SECTION 4. 6 ELIGIBILITY FOR SCENIC HIGHWAY CORRIDOR 7 DESIGNATION; REQUIREMENTS OF DESIGNATION, SCENIC 8 FEATURES; COMPREHENSIVE 9 PLAN. Highways or thoroughfares which are maintained (a) SCENIC CORRIDOR CORRIDOR HIGHWAY through 10 the 11 essential commercial or defense 12 designation highway corridors, with such exceptions as 13 the legislature 14 designation. (b) 15 16 use STATEWIDE HIGHWAY of state as A or federal funds and which are not needed for scenic may from scenic traffic time to time shall be consider eligible for necessary by highway corridor segment should be responsive to the following guidelines: (1) 17 Quality terms deserves of 18 recognition, 19 character. 20 itself. 21 developed adjacent to the road. (2) 22 in that its local, state scenic, historic national or or cultural The road should justifiably be a destination in and Roadside complementary facilities should exist of or be Variety that reflects changes in the landscape, land-use 23 activity or terrain. 24 differ from that in other parts of the locality, state 25 The 26 peculiar to that area. corridor 8950003 9/9/88 should The experience offered in one corridor should feature the natural (){YJ.01_ or region. or cultural landscape .B. No. 1 (3) Accessibility that provides connecting 2 existing 3 historic, cultural, scientific or scenic interest. 4 or (4) proposed recreation Location and geographic areas and links parks distribution or points of over as 5 geographic 6 parallel to a major arterial route, allowing the traveler to 7 the arterial route and later return to it. 8 9 (5) extent area as Design with is and the possible. safety consistent a scenic corridor. graceful horizontal leave to the maximum possible The ground-fitting, 11 appropriate curves and striking vistas. 12 accommodate the anticipated traffic volumes. (6) wide A corridor may provide a loop 10 13 between road seek should and vertical alignment, with The corridor should safely Public and private development that adaptable lS and 14 consistent with the character of the scenic corridor. Obtrusive or 15 offensive bypassed 16 screened from view. (7) 17 uses should be restricted, eliminated, Protection devices may be used. Compatibility that recreation, 19 be compatible with wilderness areas such as 20 fish 21 geological, natural and historic elements. 22 conservation coordinates 18 preserves (8) and other land and 24 should not interfere with each other. 26 other Designation of nature, cultural wildlife features and such as conditions or Ideally, users of the scenic road segments to the Texas scenic highway corridor system shall conform to the following criteria: 8950003 9/9/88 outdoor Such byways should Competing uses that do not create unsafe distract from the scenic values. (c) with and aesthetic goals. 23 25 or fHl~ .B. No. 1 (1) be Highways designated as Texas 2 shall 3 statewide scenic highway corridor plan. 4 5 (2) (3) routes 8 9 of a highway corridors comprehensive system as outlined by a Scenic highways shall travel through scenic, historic, geologic and pastoral areas of the state. 6 7 components scenic Highways should provide the option of alternative travel to (4) the high-speed, heavily traveled highways in the state. Designated highways shall provide the motorist with safe and relaxing routes of travel. 10 (5) Scenic highways shall conform to an interconnected state 11 scenic highway system, 12 highway is judged desirable for inclusion within the system because 13 of unique scenic, historical, geologic or pastoral features. (d) 14 The Texas except Highway in unusual situations Commission whereby and the director of the 15 Texas 16 consultation 17 Historical Commission, the Texas Parks and Wildlife Department 18 the 19 of 20 authorities 21 statewide scenic highway corridor 22 shall include, but not be limited to, the following elements: Department with Highways and Public Transportation, in the Texas Tourist Development Agency, the Texas and Texas Economic Development Commission; the respective councils government, (1) 23 24 so 25 state; 26 of a as to (2) and counties, special cities and towns; and appropriate districts, shall prepare a comprehensive plan. The comprehensive plan the major routes of travel of tourists through the state maximize the use of scenic highways by visitors in the the desirability of connecting components of 8950003 9/9/88 the Texas .B. No. 1 outdoor 2 cities, federal recreation areas, scenic, 3 areas and other desirable areas by a scenic highway system; 4 5 recreat1· on an (3) area system, interconnected · t h 1s · t or1c · s1· t es, maJor · prom1nen system geologic, of scenic highways to enable certain ( 4) scenic highways significance 8 by the citizens of the state and its visitors; 9 (5) which "theme" 7 historical of would be beneficial and educational for travel an administrative framework for marking and maintaining individual components of the Texas scenic highway system; 11 12 pastoral the motorist to traverse the State of Texas on scenic roads; 6 10 and (6) a report on the fiscal impact of recommended highways, including funds necessary to initiate and maintain those (7) 13 recommendations for specific scenic highways; highway corridor 14 segments to be designated by the legislature in accordance with the 15 provisions of this Act; (8) 16 17 Texas scenic highway corridor system; and (9) 18 19 a uniform program for signing, marking and promoting the shall the comprehensive state be presented to scenic highway legislature the corridor no later plan than 20 21 The legislature shall appropriate funds necessary 22 comprehensive statewide scenic corridor plan. SECTION 5. 23 24 DESIGNATION. 25 the 26 shall state FOR NOMINATIONS SCENIC to HIGHWAY The director, in consultation with the agencies study 8950003 9/9/88 and referred to biennially ()f)' 0 the CORRIDOR directors. of in Subsection (d) of Section 4, submit 9 prepare to the legislature .B. No. 1 recommendations 2 system. 3 each 4 estimates of the funds necessary to implement the action directives 5 set forth in the 6 specific regulatory authorities shall be required to implement the 7 plan and other 8 highway 9 that systematic studies, for additions to the scenic highway Each proposal shall specify the nature and proposed sc en1c · h"1gh way proposal, information corridor segment. corridor boundaries of · corr1dor segment and shall include including that maintenance, supports the and whatever proposed scenic The intent of this section is to ensure including reasonable opportunities for 10 public 11 that all the 12 segments 13 this Act. 14 for scenic highway corridor designation may be made to the director 15 by 16 organizations, state agencies, the 17 legislature. 18 participation, are conducted for each candidate segment and features conform within specific scenic representatives SECTION 6. corridor to the statewide system criteria as set forth in Nominations for segments of highway appropriate highway of to be considered cities and towns, counties, governor and members ADMINISTRATION SCENIC OF HIGHWAY of the CORRIDOR 19 PROGRAM. 20 corridors is vested in the Texas Highway 21 Texas Department of Highways and Public Transportation; hereinafter 22 referred to 23 whatever funds 24 authorities, 25 program 26 statutorily designated. Authority for administration of designated scenic highway as upon 8950003 9/9/88 the department. and empower the Commission, through the The legislature may appropriate department with whatever including zoning, necessary to implement the plan and which each scenic highway corridor segment 1S The department shall have the authority to .B. No. 1 promulgate rules and regulations governing the use, maintenance and 2 protection 3 The department shall use all federal 4 available a 5 plan. of all lands with designated scenic highway corridors. for implementing 6 SECTION 7. 7 CORRIDOR SYSTEM. 8 highway 9 said segment. 10 OUTDOOR cost-sharing funds designated scenic highway corridor ADVERTISING DEVICES; SCENIC HIGHWAY For any segment of highway designated as a scenic corridor {a) highway the following will be immediately applicable to It shall be unlawful for any person to erect, maintain \ 11 or use a billboard or to display any sign, structure or advertising 12 device 13 which is visible from within the corridor. 14 within the designated corridor or any advertising structure {b) The following signs, structures or advertising devices 15 are 16 the outdoor advertising device does not exceed 100 square feet: permitted within designated scenic highway corridors provided 17 (1) 18 business, 19 produced, manufactured or furnished at such place. 20 be within 100 feet of such place of business; 21 (2) a sign constructed by the owner or lessee of a place advertising merchandise, a sign erected, services or entertainment sold, The owner or lessee of such farm relating to the sale of farm 23 merchandise, 24 farm. 25 1,000 feet of highway frontage; 26 (3 ) s1gn must used or maintained on any farm by the 22 The of produce, service or entertainment produced or furnished on said sign may not occur more frequently than one sign per a sign posted by the owner or by authority of the 8950003 9/9/88 ! \ , .., ' 11. ~ ,.-, owner .B. No. 1 advertising 2 sign is located. 3 every 4 be sold or leased; the 1,000 (4) 5 sale or lease of the real property on which the The sign may not occur more frequently than one feet or one sign per p1ece of real property sought to an official notice or advertisement posted or displayed \ 6 by or 7 performance of his official or directed duties or by trustees under 8 deeds of trust, deed of assignment or other similar instruments; 9 under ( 5) direction of any public or court officer in the a danger or precautionary sign relating to the 10 on 11 dangers of travel on a highway or road, erected 12 the 13 sign erected under authority of the 14 sign, 15 under the direction of the United States forestry service; 16 17 18 which the it 1s located or a sign warning of the condition of or notice (6) or symbol authorized by erected Texas Forest Service and a by the United States government a sign solely to denote route to any city, town, village or historic place or shrine; ( 7) a notice of transportation 20 or safety of the public; ( 8) any railroad, ferry or other a sign, notice or symbol for the information of aviators as to location, directions and landings 23 safety in aviation; ( 9) bridge, or transmission company necessary for the direction 22 24 or department or applicable local agency or a forest fire warning 19 21 premises a sign or notice and affecting placed at a junction of two or more 25 roads in the state highway system denoting 26 direction of a residence; 8950003 9/9/88 conditions only the distance or .B. No. 1 (10) a sign or notice erected or maintained upon property 2 giving the name of the owner, lessee or occupant of the premises so 3 long as the notice or sign does not occu~ more frequently than 4 per 5 residence; 6 (11) 7 10 a (12) of highway historical frontage marker or erected more than one sign per by duly a highway marker and constituted sign erected or proposed to be erected by the department or other authorities in accordance with law; 11 12 feet authorized public authorities; 8 9 2,000 one (13) a sign erected upon property warning the public against hunting, fishing or trespassing thereon; 13 (14) a sign of six square feet or less, or one sign 14 structure containing more than one sign of six square feet or less, 15 which denotes only the name of a 16 locations 17 such organization provided such sign or notice does not exceed 18 per 2,000 feet of highway frontage; 19 civic service a sign church, places of natural 21 provided the sign is approved by the department. Any one serving no commercial purpose, which indicates 20 (c) or and directions for reaching same, and time of meeting of (15) 22 club beauty, sign, or structure historical or cultural interest, or advertising device which is in 23 existence at the time a scenic highway corridor is designated shall 24 be considered a nonconforming sign and shall have 25 the 26 by this Act. six years from date of designation to be brought into conformance as provided 8950003 9/9/88 Such six-year period, with the following exceptions, .B. No. 1 shall 2 may be authorized by the legislature for: be the only compensation required by this Act. 3 4 (1) Compensation Any billboard lawfully constructed and maintained within a designated scenic highway corridor or visible from within the I 5 designated scenic highway corridor. 6 of the appraised fair market value of the physical structure, to be 7 paid 8 billboard for which compensation is paid may remain as it is at the 9 time of the compensation payment for a period of six years, time it 10 . in Such compensation will consist cash within one year after the date of designation. shall constitute amortization, after which Each which shall be I 11 declared a nonconforming use and must be 12 expense. (2) 13 removed the date 15 demonstrate by acceptable appraisal methods has 16 excess of 17 provisions of Subdivision (1) of Subsection 18 shall apply. of (d) the owner's Any other sign, structure or advertising device which on 14 19 at scenic highway $ --------- Any In corridor such designation the owner can instances a the (c) cash value in compensation use of this section city or county in which a designated scenic highway 20 corridor is located may, for that portion of 21 its 22 advertising devices more stringent than those provided by this Act. corridor within jurisdiction, enact regulations governing signs, structures or (e) 23 the Within three years following corridor, 24 highway 25 device which will be conforming under this Act 26 the department 89S0003 9/9/88 any owner designation of a scenic of a sign, structure or advertising shall obtain from a license, the fee for which shall not exceed $200 (j(~l~ .B. No. 1 per annum, payable annually. 2 to 3 designated 4 first obtain a permit from the department and pay the annual fee as 5 determined by the department. erect 6 a sign, Any person or business entity wishing structure or advertising Within a designated shall be posted scenic or highway 7 advertisement 8 wall, tree, rock or other similar structure or 9 same 10 within a scenic highway corridor as authorized by this Act shall (f) be device no corridor glued on any building, fence, object unless the an outdoor advertising device for which a permit has been issued and is in effect. 11 Any person who in any (g) manner paints, prints, 12 puts 13 fence, stump, pole, danger sign, 14 sign, historical 15 the limits of any 16 guilty of a misdemeanor and shall be punished accordingly. or affixes any advertisement on or to any rock, stone, tree, (h) 17 places, sign, guidepost, highway marker, building or other object lawfully within designated scenic highway corridor shall be No zoning board or commission or any other public office 18 or 19 advertising device 20 designated scenic highway corridor, nor shall the department permit 21 any 22 prohibited by any other public board, 23 lawful exercise of its or their police power. 24 agency guide sign, (i) shall permit which advertisement Any sign, scenic any is sign, prohibited by this structure Act within or a structure or advertising device which is structure or corridor officer or advertising which 1s agency in the device, within a 25 designated 26 maintained, operated, posted or displayed in violation of this Act, 8950003 9/9/88 highway advertisement erected, used, .B. No. 1 or 2 and in a reasonably good state of repair and is not, after 30 days' 3 written notice from the department to the person 4 maintaining, 5 condition and ~n a reasonably 6 declared 7 and for that purpose the attorney general 8 representative 9 department may enter upon the property to remove the if permitted by this Act is not kept in good general condition erecting, using, posting or displaying the same, put into good general good . to be state of repair, is hereby a public and private nuisance and may be removed, or any duly or authorized his duly appointed representative of the nonconforming 10 s~gn, 11 The 12 nonconforming 13 designated scenic highway corridor. 14 the 15 erecting, using, maintaining, operating, posting or displaying 16 sign, 17 within 30 18 department, pay the cost of removal, obliteration or abatement, the 19 department 20 the amount of the 21 Should 22 section, any citizen or 23 proceedings 24 State of Texas to enforce this section. 25 26 structure or advertising device without incurring liability. power of eminent s~gn, domain may be utilized to remove any structure or advertising device from within a The department shall collect cost of the removal, obliteration or abatement from the person structure the days or advertising device. receiving written after If the the person cannot, notification from the may place a lien on the legal owner of the property for cost State in SECTION 8. a of removal, obliteration or abatement. of Texas fail to enforce the provisions of this court group of citizens may institute legal of competent jurisdiction to require the PRESERVATION OF NAIURAL OR SCENIC BEAUTY; ACQUISITION OF RIGHTS AND INTERESTS IN LAND FOR SCENERY PROTECTION. 89S0003 9/9/88 fJ(I~1 .B. No. 1 To 2 authorized and empowered to 3 established 4 federal funds or by specific legislative appropriation by purchase, 5 exchanges, gift, 6 governmental 7 therein real property within a designated scenic 8 for 9 beauty; provided that no lands, rights-of-way or carry out the in purposes of this Act, the department is hereby Section or acquire, 14 of transfer agency, the with money from the fund this Act and appropriate matching from a fee-simple federal, title or state or local lesser interest highway corridor restoration, preservation and enhancement of natural or scenic utility, facilities of a 10 public 11 of an electric or telephone membership corporation may be acquired, 12 except that the department, upon payment of the full 13 or 14 relocation of electric distribution or telephone lines so as to 15 not 16 further that where technologically feasible 17 buried; 18 or membership 19 department. upon payment visible 20 as defined by the Public Utilities Commission, or of cost thereof a negotiated cost-sharing, shall require the be from the designated scenic highway corridor; provided such lines shall be provided further that on the consent of the public utility corporation SECTION 9. such lands may be acquired To carry out the purposes of this Act, the department 22 designated held for these 23 facilities such as, but not limited to, public rest and 24 areas, lighting, 25 shrubs and 26 through ground selective 89S0003 9/9/88 the IMPROVEMENTS WITHIN DESIGNATED SCENIC CORRIDORS. 21 funds by improve scenic lands turnouts, cover, clearing with purposes with recreation planting of indigenous trees, management and may of thinning indigenous of vegetation desirable natural .B. No. 1 growth, erosion control, bicycle trails, pedestrian walkways, noise 2 abatement measures and information centers. 3 SECTION 10. TRAVELER INFORMATION PANEL; PUBLIC INFORMATION 4 SIGNS. 5 is empowered to design, install, maintain and administer a 6 system 7 referred to as traveler information panels. 8 promulgate 9 uniformity among panels in accordance with Within designated scenic highway corridors the department of official business directional signs. regulations governing uniform These signs may be The department shall the panels, which shall require the following minimum 10 requirements: 11 shall exceed in size 60 inches by 12 shall 13 (d) lettering and international 14 uniform 15 color. 16 graphics 17 shall not exceed a 18 accommodations, tourist-oriented 19 directional signs, restaurants, motor 20 recreational 21 which intersects the designated scenic highway corridor 22 into 23 brand, trademark or logo on a specific traveler 24 provided 25 limit its on-premise signage to one freestanding sign not to exceed 26 10 feet in height. be (a) panels specified for shall be of uniform sizes; inches; 84 each type of graphic (c) uniform service symbols and shall colors facility; be of a and (e) posts shall be of a uniform size, shape and type; In lieu of or in combination with an (b) no panel the panels may contain uniform facilities symbols and standard corporate logos which Businesses size. located lettering, businesses, fuel within such as lodging tourist-oriented stations and private one mile of a cross road may enter agreement with the department to place its official name, information panel its owner enters into an agreement with the department to 8950003 9/9/88 The department shall charge reasonable fees for 0(f~1 !l .B. No. 1 the 2 trademark 3 defray the costs of installation and maintenance. 4 section shall be construed to be in conflict with Section 7 of this 5 Act or to permit a person to erect or maintain a sign, structure or 6 advertising 7 code or ordinance of any county, city 8 Texas. display of or an individual 1 ogo on a business specific name, official brand, traveler information panel to Nothing in this . device SECTION 11. 9 that is otherwise prohibited by statute or by BUILDING or town RESTRICTIONS of the WITHIN State SCENIC of HIGHWAY 10 CORRIDORS. 11 part 12 construct or erect a building of more than three stories or 35 feet 13 in height, whichever is less, within a 14 corridor. 15 notwithstanding such 16 municipality 17 ordinance to the contrary. 18 section, 19 a road or highway is designated a scenic highway corridor shall not 20 allow any future construction based on that permit. 21 shall 22 highway is designated a part of the system. 23 designed 24 this section. 25 26 of (a) the Whenever a road or system, it shall highway be has unlawful been for designated designated any person to scenic highway This restriction on buildings shall apply to such route and route being notwithstanding located any inside or outside provision of a It is the legislative law intent of a or this in part, that possession of a building permit at the time This section not apply to any building in existence at the time a road or (b) corridor Silos and buildings for agricultural use are exempted from the application of Designation of a road or highway as a scenic highway under this .Act shall be presumed to arise from the public 8950003 9/9/88 .B. No. 1 necessity and to protect the public good. 2 Act 3 or highway as a 4 building 5 construction under such permit 6 compliance with this Act infeasible. 7 corridors 8 damages in any court of this state. 9 construed to effect its remedial purposes. shall 10 The provisions of this become effective immediately upon designation of a road scenic permit by to the highway the corridor, contrary is legislature SECTION 12. JUNKYARD, so the issuance of unless notwithstanding, substantial as any to render Designation of scenic highway shall not give rise to actions for This Act JUNK AND shall SCRAP be METAL PROCESSING 11 FACILITY, HEREINAFTER REFERRED TO AS 12 segment has 13 highway corridor, it shall be unlawful for any person to construct, 14 use, operate or maintain a facility within 15 highway 16 any city or town, provided, however, that this 17 apply 18 corridor is so designated until the expiration of five 19 the 20 recommendations set forth in the segment plan, 21 empowered to: of road corridor to date (1) 22 a any the or (a) the designated scenic all section highway corridor the 26 not from Based on is signage associated with the facility to be 7 of this facility to be shielded from view from the highway by a screening fence deemed appropriate to 8950003 9/9/88 years department Act; the shall is designated. 24 require scenic in existence at the time a scenic highway brought into compliance with the provisions of Section (2) a been designated as a scenic 23 25 Whenever which is located outside the corporate limits of facility require highway FACILITY. liberally accomplish the .B. No. 1 screening purpose; 2 require (3) that all items stored or deposited within a 3 facility 4 transported 5 disassembly, construction, erection, repair, burning or other 6 associated 7 be kept to or within from the enclosure, the facility, except and being while that all wrecking, work with the facility be accomplished within the enclosure; (4) consider where topography, natural growth of timber 8 other 9 screening of a facility and in such instances require the owner 10 vegetation or other natural barriers provide natural to screen only those parts of the facility not so screened; and 11 (5) require the operator to operate the facility in a clean 12 and healthful manner, taking into 13 within 14 corridor to the recreational and tourist industry of the 15 region and state. 16 or the (b) scenic If at highway the account corridor termination the and of aesthetic setting the importance of this immediate the five-year period it is 17 determined by the director that a 18 screened 19 acquire the facility on behalf of the state pursuant to the law 20 eminent domain, subject to the availability of funds as provided by 21 Section 14 of this Act. 22 (c) to cannot be adequately meet the intent of this section, the department shall Notwithstanding 23 state's police 24 welfare 25 owner affected for 26 verified and facility power general by 8950003 9/9/88 his for good, that the of this Act is established under the general health, safety, general just compensation shall be paid to an reasonable and necessary costs, to be the department, for the landscaping or other adequate .B. No. 1 screening required by the department. 2 the 3 types of plant materials, fencing or specified screening 4 and 5 said vegetative material for five 6 care 7 responsibility of the owner. department shall 8 9 responsibility maintenance (d) of cash for the maintenance and care of consecutive years after screening plans for review department. 11 licensed to practice in the State of 12 accept, 13 as to the plan's response to the intent of this section. The modify (e) plans must Texas. The department of ordinances 16 now or hereafter established within 17 police 18 those ordinances impose stricter limitations upon such 19 If 20 section shall control. power may derogation or ordinances for the control of facilities the proper exercise of the ' granted to municipalities or individual counties, if limitations SECTION 13. imposed by this WASTE 23 apply to all incinerators, sanitary 24 disposal 25 corridor. 26 Department FACILITIES. facilities located The facilities. section are stricter, this INCINERATORS, SANITARY 22 DISPOSAL the or reject the alternate plan based on its judgment This section shall not be construed to be in zoning by be prepared by landscape architects 15 21 which Owners of affected facilities may, at their own expense, 10 the materials shall be judged to be a nominal cost to and provide alternate landscape 14 payments, may provide installment of trees, shrubbery, other assume and In lieu LANDFILLS, provisions landfills AND SIHILAR of Section 12 shall and similar waste within the designated scenic highway The director shall request assistance from the Texas of Health to determine whatever additional measures may 89S0003 9/9/88 .B. No. 1 be needed to assure protection of the public health and environment 2 within and adjacent to the scenic highway corridor. 3 shall 4 reasonable 5 environmental effects of the operations identified 6 highway corridor segment plan. promulgate rules and re gul a t.1ons d eerne d necessary and to protect the scenic highway corridor from any adverse . 7 The department SECTION 14. REVENUE 8 authorizes the comptroller to 9 businesses AUGMENTATION. collect the (a) in The following the scenic legislature taxes from enumerated in this section which are located within the 10 designated scenic highway corridor or within a one-mile 11 any highway or road intersection within the scenic highway corridor 12 segment: 13 (1) one cent of the motor fuel tax; 14 (2) two 15 (3) 17 receipts; 18 (4) of the amount of all restaurant and eating two percent of hoteljmotel or one percent of the sales related tourist lodging receipt of tourist-related merchandise; (5) 20 21 of establishment receipts; 16 19 percent radius one percent of the individual or group admission charge for commercial tourist attractions or facilities. 22 (b) The revenue collected pursuant to Subsection (a) of this 23 section shall be placed in a special fund to defray all or part of 24 the compensatory payments authorized to carry out the 25 this 26 would normally expend purposes of Act, including special maintenance beyond what the department 8950003 9/9/88 on the segment of highway rights-of-way .B. No. 1 within 2 fees or annual license fees collected pursuant to this Act shall be 3 deposited 4 augmentation 5 segment. The legislature may appropriate additional funds for 6 one more 7 implement all or a respective section of this Act. 8 where 9 this Act. the d es~gna · t ed in or the fund designated for each designated applicable, SECTION 15. 10 scenic highway corridor. may also highway respective scenic CRIMINAL violating scenic corridor scenic highway highway corridor corridor Any person, corporation 12 guilty of a 13 provided by 14 any provision of this Act continues 15 offense. 16 judicial circuit in which such violation occurs or 17 any 18 neighboring property owner who would be damaged by a 19 this 20 institute injunction, 21 action, 22 remove such violation. state, Act, attorney municipal in SECTION 16. 23 or the prov~s~on punishable funds, firm or of this Act shall be deemed as other or or county to shall the general, addition actions to misdemeanors as Each and every day during which a violation of law. The any segments Federal 11 misdemeanor, revenue be used to carry out the purposes of SANCTIONS. any Any other permit proceedings or remedies abatement to SEVERABILITY CLAUSE. application deemed district official other mandamus, be a separate attorney for the ~s threatened, any adjacent or violation of provided by law, may or prevent, other appropriate enjoin or abate or If any provision of this 24 Act 25 held invalid, such invalidity shall not affect other provisions 26 applications 8950003 9/9/88 of the Act thereof to any person or circumstance which can be given effect ~s or withou~ t~e .B. No. 1 invalid provision or application, and to this end the provisions of 2 this Act are declared to be severable. SECTION 17. 3 and EMERGENCY the crowded CLAUSE. The of this 4 legislation 5 houses create an emergency and an imperative public necessity 6 the constitutional rule requiring bills to be read on three several 7 days in each house be suspended, and this rule is hereby suspended, 8 and 9 passage, and it is so enacted. . that this 8950003 9/9/88 condition importance of the calendars in both that Act take effect and be in force from and after its