DOT 23 CFR PART 750-2011 HIGHWAY BEAUTIFICATION.pdf

1、388 23 CFR Ch. I (4111 Edition) 710.705 710.705 Applicability. This subpart applies to all concession agreements involving federally funded highways that are executed after Janu-ary 18, 2009. 710.707 Fair market value. A highway agency shall receive fair market value for any concession agree-ment in

2、volving a federally funded high-way. 710.709 Determination of fair market value. (a) Fair market value may be deter-mined either on a best value basis, highest net present value of the pay-ments to be received over the life of the agreement, or highest bid received, as may be specified by the highwa

3、y agency in the request for proposals or other relevant solicitation. If best value is used, the highway agency should identify, in the relevant solici-tation, the criteria to be used as well as the weight afforded to the criteria. (b) In order to be considered fair mar-ket value, the terms of the c

4、oncession agreement must be both legally bind-ing and enforceable. (c) Any concession agreement award-ed pursuant to a competitive process with more than one bidder shall be deemed to be fair market value. Any concession agreement awarded pursu-ant to a competitive process with only one bidder shall

5、 be presumed to be fair market value. Such presumption may be overcome only if the highway agen-cy determines the proposal to not be fair market value based on the high-way agencys estimates. Nothing in this subpart shall be construed to re-quire a highway agency to accept any proposal, even if the

6、proposal is deemed fair market value. For pur-poses of this subsection, a competitive process shall afford all interested pro-posers an equal opportunity to submit a proposal for the concession agree-ment and shall comply with applicable State and local law. (d) If a concession agreement is not awar

7、ded pursuant to a competitive process, the highway agency must re-ceive fair market value, as determined by the highway agency in accordance with State law, so long as an inde-pendent third party assessment is con-ducted and made publicly available. (e) Nothing in this subpart is in-tended to waive

8、the requirements of part 172, part 635, and part 636 when-ever any Federal-aid (including TIFIA assistance) is to be used for a project under the concession agreement. PART 750HIGHWAY BEAUTIFICATION Subpart ANational Standards for Regula-tion by States of Outdoor Advertising Adjacent to the Intersta

9、te System Under the 1958 Bonus Program Sec. 750.101 Purpose. 750.102 Definitions. 750.103 Measurements of distance. 750.104 Signs that may not be permitted in protected areas. 750.105 Signs that may be permitted in pro-tected areas. 750.106 Class 3 and 4 signs within informa-tional sites. 750.107 Cl

10、ass 3 and 4 signs outside informa-tional sites. 750.108 General provisions. 750.109 Exclusions. 750.110 State regulations. Subpart BNational Standards for Directional and Official Signs 750.151 Purpose. 750.152 Application. 750.153 Definitions. 750.154 Standards for directional signs. 750.155 State

11、standards. Subpart C Reserved Subpart DOutdoor Advertising (Acquisi-tion of Rights of Sign and Sign Site Owners) 750.301 Purpose. 750.302 Policy. 750.303 Definitions. 750.304 State policies and procedures. 750.305 Federal participation. 750.306 Documentation for Federal partici-pation. 750.307 FHWA

12、project approval. 750.308 Reports. Subpart ESigns Exempt From Removal in Defined Areas 750.501 Purpose. 750.502 Applicability. 750.503 Exemptions. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00398 Fmt 8010 Sfmt 8006 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by

13、IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-389 Federal Highway Administration, DOT 750.102 Subpart F Reserved Subpart GOutdoor Advertising Control 750.701 Purpose. 750.702 Applicability. 750.703 Definitions. 750.704 Statutory requirements. 750.705 Effective

14、 control. 750.706 Sign control in zoned and unzoned commercial and industrial areas. 750.707 Nonconforming signs. 750.708 Acceptance of state zoning. 750.709 On-property or on-premise adver-tising. 750.710 Landmark signs. 750.711 Structures which have never dis-played advertising material. 750.712 R

15、eclassification of signs. 750.713 Bonus provisions. SOURCE: 38 FR 16044, June 20, 1973, unless otherwise noted. Subpart ANational Standards for Regulation by States of Out-door Advertising Adjacent to the Interstate System Under the 1958 Bonus Program AUTHORITY: Sec. 12, Pub. L. 85381, 72 Stat. 95,

16、as amended; 23 U.S.C. 131; delegation of authority in 49 CFR 1.48(b). 750.101 Purpose. (a) In section 12 of the Federal-Aid Highway Act of 1958, Pub. L. 85381, 72 Stat. 95, hereinafter called the act, the Congress declared that: (1) To promote the safety, conven-ience, and enjoyment of public travel

17、 and the free flow of interstate com-merce and to protect the public invest-ment in the National System of Inter-state and Defense Highways, herein-after called the Interstate System, it is in the public interest to encourage and assist the States to control the use of and to improve areas adjacent

18、to such system by controlling the erection and maintenance of outdoor advertising signs, displays, and devices adjacent to that system. (2) It is a national policy that the erection and maintenance of outdoor advertising signs, displays, or devices within 660 feet of the edge of the right- of-way an

19、d visible from the main-trav-eled way of all portions of the Inter-state System constructed upon any part of right-of-way, the entire width of which is acquired subsequent to July 1, 1956, should be regulated, consistent with national standards to be prepared and promulgated by the Secretary of Tran

20、sportation. (b) The standards in this part are hereby promulgated as provided in the act. 38 FR 16044, June 20, 1973, as amended at 39 FR 28629, Aug. 9, 1974 750.102 Definitions. The following terms when used in the standards in this part have the fol-lowing meanings: (a) Acquired for right-of-way m

21、eans acquired for right-of-way for any public road by the Federal Government, a State, or a county, city, or other polit-ical subdivision of a State, by dona-tion, dedication, purchase, condemna-tion, use, or otherwise. The date of ac-quisition shall be the date upon which title (whether fee title o

22、r a lesser inter-est) vested in the public for right-of- way purposes under applicable Federal or State law. (b) Centerline of the highway means a line equidistant from the edges of the median separating the main-traveled ways of a divided Interstate Highway, or the centerline of the main-traveled w

23、ay of a nondivided Interstate High-way. (c) Controlled portion of the Interstate System means any portion which: (1) Is constructed upon any part of right-of-way, the entire width of which is acquired for right-of-way subsequent to July 1, 1956 (a portion shall be deemed so constructed if, within su

24、ch portion, no line normal or perpen-dicular to the centerline of the high-way and extending to both edges of the right-of-way will intersect any right- of-way acquired for right-of-way on or before July 1, 1956); (2) Lies within a State, the highway department of which has entered into an agreement

25、 with the Secretary of Transportation as provided in the act; and (3) Is not excluded under the terms of the act which provide that agreements entered into between the Secretary of Transportation and the State highway department shall not apply to those segments of the Interstate System VerDate Mar2

26、010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-390 23 CFR Ch. I (4111 Edition) 750.103 which traverse commercial or indu

27、s-trial zones within the boundaries of in-corporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the Interstate System is subject to municipal regulation or con-trol, or which traverse other areas where the land use as of September 2

28、1, 1959, was clearly established by State law as industrial or commercial. (d) Entrance roadway means any pub-lic road or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of an Interstate Highway from the general road system within a State, irrespec-tiv

29、e of whether traffic may also leave the main-traveled way by such road or turning roadway. (e) Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. (f) Exit roadway means any public road or turning roadway inc

30、luding de-celeration lanes, by which traffic may leave the main-traveled way of an Interstate Highway to reach the gen-eral road system within a State, irre-spective of whether traffic may also enter the main-traveled way by such road or turning roadway. (g) Informational site means an area or site

31、established and maintained within or adjacent to the right-of-way of a highway on the Interstate System by or under the supervision or control of a State highway department, wherein panels for the display of advertising and informational signs may be erected and maintained. (h) Legible means capable

32、 of being read without visual aid by a person of normal visual acuity. (i) Maintain means to allow to exist. (j) Main-traveled way means the trav-eled way of an Interstate Highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadway

33、s for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turn-ing roadways, or parking areas. (k) Protected areas means all areas in-side the boundaries of a State which are adjacent to and within 660 feet of the edge of the right-of-way of

34、all con-trolled portions of the Interstate Sys-tem within that State. Where a con-trolled portion of the Interstate Sys-tem terminates at a State boundary which is not perpendicular or normal to the centerline of the highway, pro-tected areas also means all areas inside the boundary of such State wh

35、ich are within 660 feet of the edge of the right- of-way of the Interstate Highway in the adjoining State. (l) Scenic area means any public park or area of particular scenic beauty or historical significance designated by or pursuant to State law as a scenic area. (m) Sign means any outdoor sign, di

36、s-play, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, in-tended, or used to advertise or inform, any part of the advertising or inform-ative contents of which is visible from any place on the main-traveled way of a controlled portion of the

37、 Interstate System. (n) State means the District of Co-lumbia and any State of the United States within the boundaries of which a portion of the Interstate System is located. (o) State law means a State constitu-tional provision or statute, or an ordi-nance, rule, or regulation enacted or adopted by

38、 a State agency or political subdivision of a State pursuant to State constitution or statute. (p) Trade name shall include brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or serv-ices. (q) Traveled way means the portion of a roadway f

39、or the movement of vehi-cles, exclusive of shoulders. (r) Turning roadway means a con-necting roadway for traffic turning be-tween two intersection legs of an inter-change. (s) Visible means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. 750.10

40、3 Measurements of distance. (a) Distance from the edge of a right- of-way shall be measured horizontally along a line normal or perpendicular to the centerline of the highway. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00400 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DX

41、X6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-391 Federal Highway Administration, DOT 750.106 (b) All distances under 750.107 (a)(2) and (b) shall be measured along the centerline of the highway between two vertical planes which ar

42、e normal or perpendicular to and intersect the cen-terline of the highway, and which pass through the termini of the measured distance. 38 FR 16044, June 20, 1973, as amended at 41 FR 9321, Mar. 4, 1976 750.104 Signs that may not be per-mitted in protected areas. Erection or maintenance of the fol-l

43、owing signs may not be permitted in protected areas: (a) Signs advertising activities that are illegal under State or Federal laws or regulations in effect at the location of such signs or at the location of such activities. (b) Obsolete signs. (c) Signs that are not clean and in good repair. (d) Si

44、gns that are not securely af-fixed to a substantial structure, and (e) Signs that are not consistent with the standards in this part. 750.105 Signs that may be permitted in protected areas. (a) Erection or maintenance of the following signs may be permitted in protected areas: Class 1Official signs.

45、 Directional or other official signs or notices erected and main-tained by public officers or agencies pursu-ant to and in accordance with direction or authorization contained in State of Federal law, for the purpose of carrying out an offi-cial duty or responsibility. Class 2On-premise signs. Signs

46、 not prohib-ited by State law which are consistent with the applicable provisions of this section and 750.108 and which advertise the sale or lease of, or activities being conducted upon, the real property where the signs are located. Not more than one such sign advertising the sale or lease of the

47、same property may be permitted under this class in such manner as to be visible to traffic proceeding in any one direction on any one Interstate Highway. Not more than one such sign, visible to traffic proceeding in any one direction on any one Interstate Highway and advertising activities being con

48、ducted upon the real property where the sign is located, may be permitted under this class more than 50 feet from the advertised activity. Class 3Signs within 12 miles of advertised activities. Signs not prohibited by State law which are consistent with the applicable pro-visions of this section and

49、 750.106, 750.107, and 750.108 and which advertise activities being conducted within 12 air miles of such signs. Class 4Signs in the specific interest of the traveling public. Signs authorized to be erect-ed or maintained by State law which are consistent with the applicable provisions of this section and 750.106, 750.107, and 750.108 and which are designed to give information in the specific interest of the traveling pub-lic. (b) A Class 2 or 3 s