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18.6.245    NONCOMMERCIAL SIGNS

(1) Signs displaying noncommercial messages may be erected and maintained adjacent to controlled routes.

(2) If a noncommercial sign is located on property owned by the owner of the sign, it shall be subject only to the size, height, and length provisions of this rule.

(3) A noncommercial sign of a local government may be erected anywhere adjacent to an interstate and primary highway within the government's territorial or zoning jurisdiction, except in a scenic area or parkland, so long as the sign does not create a safety hazard to the traveling public.

(4) A noncommercial sign will not be considered in determining the spacing required between conforming, permitted off-premise outdoor advertising signs.

(5) Noncommercial signs shall not:

(a) be erected or maintained that exceed 32 square feet in area, including border and trim, but excluding base or apron, supports and other structural members;

(b) exceed ten feet in length;

(c) exceed 15 feet in height when measured at a right angle from the surface of the roadway at the centerline of the interstate or primary highway;

(d) be placed outside of zoned or unzoned commercial or industrial areas;

(e) be located within 500 feet of an intersection in rural areas, or within 140 feet of an intersection in cities or towns;

(f) be located within 500 feet of the gore of an interchange;

(g) be located within 500 feet of any of the following that are adjacent to the controlled route unless the signs are in an incorporated area:

(i) public parks;

(ii) public forests;

(iii) public playgrounds; or

(iv) scenic areas designated as such by the department or other state agency having and exercising this authority;

(6) Noncommercial signs shall meet all general restrictions on characteristics for off-premise signs found in ARM 18.6.231.

(7) A permit must be obtained for each noncommercial sign not located on property owned by the sign owner. The application must be accompanied by a nonrefundable inspection fee. There is no initial permit fee or renewal fee for noncommercial signs.

(8) A nonconforming noncommercial sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed. A nonconforming noncommercial sign removed as a result of an eminent domain acquisition may be relocated along a controlled route, but cannot be reestablished at a new location as a nonconforming use.

(9) Noncommercial signs, regardless of the message, are prohibited along controlled routes unless meeting the requirements of this rule.

History: 75-15-121, MCA; IMP, 75-15-111, 75-15-113, MCA; NEW, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2006 MAR p. 1878, Eff. 7/28/06; AMD, 2008 MAR p. 2476, Eff. 11/27/08.

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