(1) Off-premise signs visible from a controlled route which advertise activities not conducted on the property on which the sign is located require a permit from the department. Any outdoor advertising sign or structure which generates income for the sale or lease of the outdoor advertising sign, or the sale, lease, or rental of advertising space on the sign requires an off-premise sign permit from the department. The department shall be the sole determinant as to whether a sign qualifies as an off-premise sign after meeting all requirements of the Outdoor Advertising Act and these rules.

(2) Off-premise signs may be located in areas that are zoned industrial or commercial by a bona fide state, county, or local zoning authority.

(3) Off-premise signs may be located in unzoned commercial or industrial areas, which area contains a qualifying commercial or industrial activity, as determined by the department in accordance with the Outdoor Advertising Act and ARM 18.6.203.

(4) Off-premise signs may be located in areas in which both the future land use map and the current land development regulations designate the property for commercial or industrial development. In areas in which the future land use map and land development regulations do not specifically designate the parcel as commercial or industrial, but allow for multiple uses on the parcel including commercial or industrial, the department shall employ a use test to determine the appropriateness of the location for an off-premise sign permit as follows:

(a) the proposed sign location shall exhibit one conforming business;

(b) the businesses shall be on the same side of the controlled route as the proposed sign location; and

(c) the proposed sign location shall be within 600 feet of at least one of the businesses.

(5) Off-premise signs visible from a controlled route must be located outside the government owned right-of-way, subject to the following setback:

(a) outside an incorporated area, no further than 660 feet from the outer edge of the right-of-way;

(b) inside an incorporated area, in compliance with the setback requirements established by local ordinance or other regulation.

(6) Off-premise signs shall only be located on property for which the permit applicant or holder has written permission from the person lawfully in control of the property to erect and maintain an off-premise sign.

(7) The provisions of this section shall not be deemed to supersede the rights and powers of counties and municipalities to enact outdoor advertising or sign ordinances.

(8) Off-premise signs permitted by the department shall also comply with all federal, state, county, and local statutes, rules, and ordinances on outdoor advertising.