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(1) A transit outdoor advertising permit (transit advertising permit) must be obtained for commercial advertising on shelters or benches erected or placed along controlled routes. Transit advertising permits are prohibited on interstate routes.

(2) Shelters or benches eligible for transit advertising permits must be located within government-owned right-of-way, and must meet the following requirements:

(a) the applicant must be a local transit agency or governmental entity. Private applicants are not eligible for transit advertising permits;

(b) an application must include a department-issued encroachment permit or the equivalent local government permission allowing the shelter or bench to be located within the right-of-way. A copy must accompany the transit advertising permit application;

(c) an application must include local government approval on a form provided by the department. Applicants must comply with all applicable local regulations; and

(d) the applicant may submit multiple shelter or bench transit advertising permit applications simultaneously, and only one inspection fee is required for the applications within the same applicant's jurisdictional area.

(3) A shelter or bench located outside government-owned right-of-way is not eligible for a transit advertising permit and must meet all applicable outdoor advertising statutes and rules for a general off-premise outdoor advertising permit. A shelter or bench granted a general outdoor advertising permit for a location outside right-of-way, must not be moved onto right-of-way, or is subject to immediate permit revocation by the department, and immediate removal of the shelter or bench under department right-of-way encroachment processes.

(4) A transit advertising permit may only be issued for a shelter or bench on controlled routes which are active fixed transit routes as established by the transit agency or local government, excluding routes or portions of routes used solely for inter-city transit. Upon the transit agency's or local government's discontinuance of any portion of an active route, transit advertising permits on the discontinued portion of the route must be relinquished by the permit holder, or revoked by the department.

(5) A transit advertising permit holder may enter an agreement to allow a third party to place advertising which complies with this rule on a shelter or bench, at the permit holder's discretion, and under the permit holder's permit number and authority.

(6) Shelter advertising signs may only be placed on the interior or exterior of the side shelter panel farthest from oncoming traffic, perpendicular to the road. The designated shelter panel may only display one sign on the interior, and one sign on the exterior, for a limit of two signs per shelter. Each sign must not exceed 24 square feet in size, and must not extend beyond the exterior limit of the shelter. One transit advertising permit is required per shelter.

(7) Bus bench advertising signs may only be placed on the front or rear of the bench back, excluding supports. The bench back may only display one sign on the front and one sign on the rear, for a limit of two signs per bench. Each sign must not exceed two feet in height and eight feet in length, for a maximum of sixteen square feet. One transit advertising permit is required per bus bench.

(8) Spacing requirements for a transit advertising permit include:

(a) permits must be located at least 500 feet from another transit advertising permit, on the same side of the controlled route, unless the applicant justifies a lesser distance, which must be approved by the department's outdoor advertising control program; and

(b) a transit advertising permit will not be considered in determining the spacing required between other non-transit permitted off-premise advertising signs.

(9) A transit advertising permit is exempt from any rule requirements for sign distances from intersections.

(10) A transit advertising permit must comply with appropriate sign characteristic limitations found in ARM 18.6.231(3). Shelter and bench advertising may not include changeable electronic lighting.

(11) A shelter or bench must display a permanently attached transit advertising permit, visible to the traveling public.

(12) Existing shelter or bench advertising must comply with this rule within one year, or before September 9, 2018, or the advertising will be deemed illegal.

History: 75-15-121, MCA; IMP, 75-15-111, 75-15-112, 75-15-113, MCA; NEW, 2017 MAR p. 1517, Eff. 9/9/17.

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