BEFORE THE TRANSPORTATION COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 18.6.238 pertaining to Outdoor Advertising Control

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On April 16, 2018, the Transportation Commission proposes to amend the above-stated rule.

 

2. The Transportation Commission will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Transportation no later than 5:00 p.m. on April 6, 2018, to advise us of the nature of the accommodation that you need. Please contact Patrick J. Hurley, Department of Transportation, Outdoor Advertising Control, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6068; fax (406) 444-7254; TTY Service (406) 444-7696 or (800) 335-7592; or e-mail phurley@mt.gov.

 

3. The rule proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

18.6.238 COMMUNITY WELCOME TO SIGNS  (1) A community, county, or sovereign nation may erect welcome to signs within its territorial jurisdiction or zoning jurisdiction, as long as the community, county, or sovereign nation exercises some form of governmental authority over the area upon which the sign is located (e.g., city limits).  Community welcome to signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule. Welcome to signs must not be erected by other types of governmental entities including states or tourist area regions.

(2) Qualifying communities, counties, or sovereign nations may develop their own welcome to sign designs, and may also use their own pictographs and a brief jurisdiction-wide program slogan, providing the sign design complies with all provisions of this rule, and has been approved by the department before the sign is granted a permit or erected.

(3) Welcome to signs must not contain any form of commercial advertising.  The name only, without any promotional information, of a sponsor, benefactor, or support group may be recognized on welcome to signs located outside of the public right-of-way.  Names of sponsors, benefactors, or support groups must be secondary to the welcome to sign.  The area of the welcome to sign dedicated to a sponsor, benefactor, or sponsor group name must not be larger than one third the total size of the welcome to sign. , including any promotion of commercial products or services through slogans and information on where to obtain the products and services. Welcome to signs must not identify any private or public organizations or affiliations.

(4) Qualifying welcome to sign applicants must first thoroughly explore all options to erect the sign off public right-of-way, and may request placement within the right-of-way only as the option of last resort.

(5) Welcome to signs must not be placed along interstate routes.

(6)(4)  Welcome to signs may only be placed in qualifying locations which meet the following requirements:

(a) within state-controlled right-of-way limits along controlled routes, except for interstate routes, upon verification by the sign owner that specific locations outside the right-of-way have been considered, but were unavailable; on private or other government-owned property adjacent to controlled routes, with permission of the landowner;

(b) on private or other government-owned property adjacent to controlled routes, except for interstate routes, with permission of the landowner; within state-controlled right-of-way limits along controlled routes, except for interstate routes, if placed 10 feet or more outside the highway clear zone, unless prior department approval has been given through the encroachment permit process.  Right-of-way locations require verification by the applicant that at least two specific locations outside the right-of-way have been considered, but were unavailable; and

(c)  where the welcome to sign does not distract drivers from official traffic control messages such as regulatory, warning, or guidance messages as determined by the department.

(c) outside of key decision points where a driver's attention is more appropriately focused on traffic control devices, roadway geometry, or traffic conditions;

(d) within five miles of a community for community signs, or within five miles of a county line for county signs, with no more than one welcome to sign in each direction;and

(e) within an area where adequate spacing is available between the welcome to sign and other higher priority signs including all traffic control devices, where adequate space is defined as:

(i) 150 feet on roadways with speed limits of less than 30 mph;

(ii) 200 feet on roadways with speed limits of 30 to 45 mph; and

(iii) 500 feet on roadways with speed limits greater than 45 mph;

(f) in a position where they would not obscure the road users' view of other traffic control devices; and

(g) ten feet or more outside the highway clear zone, unless prior department approval for an exemption is given.

(7)  (5) Welcome to signs must not meet all of the following design standards:

(a) the maximum area of the welcome to sign shall not exceed 150 300 square feet in area;

(b) the height above ground level shall not exceed 30 feet in height;

(c)(b) contain lettering with a height must be at least of less than four inches in height;

(d)(c) the sign must not be attached to any other sign, sign assembly, or other traffic control device, including supports or any sign structures;

(e)(d) the sign must not be affixed to fences, power poles, traffic signal poles or boxes, street lights, trees, or painted, or drawn upon rocks, or other natural features;

(f)(e) the sign must not contain any messages, lights, symbols, or trademarks that resemble any official traffic control devices;

(g)(f) the sign must not contain any internal illumination, light-emitted diodes (LED), luminous tubing, fiber optics, luminescent panels, or other flashing, moving, or animated features;

(h)(g) the sign may be lighted by external spot lights if unless the lights are effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled way of the highway, or are of such low intensity as to not cause glare, or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle; and

(i)(h) the sign must not distract from official traffic control messages such as regulatory, warning, or guidance messages. be located near key decision points where a driver's attention is more appropriately focused on traffic control devices, roadway geometry, or traffic conditions; and

(i) be maintained from highway right-of-way except as stated in (9).

(8)(6) An outdoor advertising permit must be obtained by the community, county, or sovereign nation for each welcome to sign, accompanied by a nonrefundable inspection fee. There is no initial permit fee or renewal fee for welcome to signs.  A private applicant is not eligible for a welcome to sign permit.

(7) A welcome to sign permit will not be considered in determining spacing required between other non-welcome to signs or permitted off-premise advertising signs.

(9)(8) An encroachment permit must be obtained from the department for each welcome to sign which will be located within the right-of-way limits of any controlled route. An encroachment permit is not required for welcome to signs which will be located on private or government-owned properties adjacent to the controlled route, which location is outside the state-controlled right-of-way limits.

(10) Welcome to signs must be initially installed and later maintained by the sign owner, at the sign owner's sole expense, by meeting all department rules for sign repair and maintenance.

(11)(9) Sign owners Welcome to sign applicants who are granted an encroachment permit for a welcome to sign to be erected in state-controlled right-of-way must meet all department procedures for work within the right-of-way, including traffic control plans, if required by the department, and any other safety procedures required by the department. Welcome to sign owners must contact the department and receive department approval before conducting any work within state-controlled right-of-way limits. conform with all requirements of the assigned encroachment permit prior to performing any installation of or maintenance to the welcome to sign.

(12) This rule applies to new and modified welcome to sign installations, and does not apply to welcome to signs which were erected by any community, county, or sovereign nation before the effective date of this rule, except previously erected welcome to signs must meet all maintenance requirements and procedures for work within the right-of-way under this rule.

(13)(10) Any A welcome to sign which is proposed for upgrade or structural modification owner proposing sign modifications beyond routine maintenance must obtain permits and meet all requirements of this rule submit a modification application and receive department approval prior to modification.

            (14)(11) If a highway construction or reconstruction project, or placement of a newly installed higher-priority traffic control device, such as a higher-priority sign, a highway traffic signal, or a temporary traffic control device, as solely determined by the department, conflicts with an existing welcome to sign located within the existing state-controlled right-of-way, the welcome to sign must be relocated, covered, or removed by the sign owner, at the sign owner's expense, at the department's sole determination and directive.

            (12)  The department reserves the right to deny any welcome to sign permit application that may negatively impact the traveling public.

            (13) Existing welcome to signs must comply with this rule within one year, or before [the effective date of this rule], 2019.

 

AUTH:  61-8-203, 75-15-121, MCA

IMP:  61-8-203, 75-15-111, 75-15-113, MCA

 

REASON: The proposed amendments to ARM 18.6.238 are necessary to address Montana communities' requests to allow qualifying entities to place "welcome to" signs along MDT-controlled routes which serve as entry points into those areas. The proposed amendments will require the local government to obtain a specific "welcome to" sign permit which will allow placement of welcome to signs. The proposed amendments to (3) will allow plaques with the names of sponsors to be placed on the welcome to signs. The proposed amendment to (4) will direct applicants to seek sign locations on interstate or state highways outside state right-of-way first, followed by allowed placement within right-of-way on non-interstate highways if an MDT encroachment permit is first obtained.  The proposed amendment to (5) will state the sign requirements including maximum size of 300 square feet and lettering of at least four inches in height to avoid driver distraction. Finally, the proposed amendment to (13) will set a one-year date for local governments to obtain the necessary OAC permit for existing signs. The welcome to sign permit will not include an initial permit fee, nor any renewal fee in the future.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Patrick J. Hurley, Department of Transportation, Outdoor Advertising Control, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6068; fax (406) 444-7254; or e-mail phurley@mt.gov, and must be received no later than 5:00 p.m., April 13, 2018.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Patrick J. Hurley at the above address no later than 5:00 p.m., April 13, 2018.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 37.4 based on the 374 communities, counties, and tribal governments in the state.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form on the department's website, or at any rules hearing held by the department. 

 

8. An electronic copy of this proposal notice is available on the Department of Transportation website at www.mdt.mt.gov.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

11. With regard to the requirements of 2-15-142, MCA, the department has determined that the amendment of the above-referenced rule will not have direct tribal implications.

 

 

/s/ Carol Grell Morris                                   /s/ Michael T. Tooley                      

Carol Grell Morris                                        Michael T. Tooley

Rule Reviewer                                             Director

                                                                    Department of Transportation

 

 

                                                                        /s/ Barb Skelton                              

                                                                        Barb Skelton

                                                                        Chair

                                                                        Transportation Commission

 

Certified to the Secretary of State, March 6, 2018.