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