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Memorandum - Guidance On Off - Premise Changeable Message Signs... U.S. tart Tw3rd of Trarrwortarm Feral Highway AcIft istrc ion Real Estate http://www.fhwa.dot.gov./realestate/offprmsgsnguid.htni FHWA> HEP > Realty > Outdoor Advertising U.S. Department of Transportation Memorandum Federal Highway Administration Subject: INFORMATION: Guidance On Off - Premise Changeable Message Signs Date: September 25, 2007 ORIGINAL_ SIGNED BY: Gloria M. Shepherd From: Gloria M. Shepherd Reply to HEPR -20 Associate Administrator for Planning, Environment, and Realty To: Division Administrators ATTN: Division Realty Professionals Purpose The purpose of this memorandum is to provide guidance to Division Realty Professionals concerning off - premises changeable message signs adjacent to routes subject to requirements for effective control under the Highway Beautification Act (HBA) codified at 23 U.S.C. 131. It clarifies the application of the Federal Highway Administration (FHWA) July 17, 1996, memorandum on this subject. This office may provide further guidance in the future as a result of additional information received through safety research, stakeholder input, and other sources. Pursuant to 23 CFR 750.705, a State DOT is required to obtain the FHWA Division approval of any changes to its laws, regulations, and procedures to implement the requirements of its outdoor advertising control program. A State DOT should request and the Division offices should provide a determination as to whether the State should allow off - premises changeable Electronic Variable Message Signs (CEVMS) adjacent to controlled routes, as required by our delegation of responsibilities under 23 CFR 750.7050). The Divisions that already have formally approved CEVMS use on HBA controlled routes, as well as, those that have not yet issued a decision, should re- evaluate their position in light of the following considerations. The decision of the Division should be based upon a review and approval of a State's affirmation and policy that: (1) is consistent with the existing Federal /State Agreement (FSA) for the particular State, and (2) includes but is not limited to consideration of requirements associated with the duration of message, transition time, brightness, spacing, and location, submitted for the FHWA approval, that evidence reasonable and safe standards to regulate such signs are in place for the protection of the motoring public. Proposed laws, regulations, and procedures that would allow permitting CEVMS subject to acceptable criteria (as described below) do not violate a prohibition against "intermittent" or "flashing" or "moving" lights as those terms are used in the various FSAs that have been entered into during the 1960s and 1970s. This guidance is applicable to conforming signs, as applying updated technology to nonconforming signs would be considered a substantial change and inconsistent with the requirements of 23 CFR 750.707(d)(5). As noted below, all of the requirements in the HBA and its implementing regulations, and the specific provisions of the FSAs, continue to apply. Background The HBA requires States to maintain effective control of outdoor advertising adjacent to certain controlled routes. The reasonable, orderly and effective display of outdoor advertising is permitted in zoned or unzoned commercial or industrial areas. Signs displays and devices whose size, lighting and spacing are consistent with customary use determined by agreement between the several States and the Secretary, may be erected and maintained in these areas (23 U.S.C. § 131(d)). Most of these agreements between the States and the Secretary that determined the size, lighting and spacing of conforming signs were signed in the late 1960's and the early 1970's. On July 17, 1996, the Office of Real Estate Services issued a memorandum to Regional Administrators to provide guidance on off- premise changeable message signs and confirmed that the FHWA has "always applied the Federal i of 3 2/10/2012 11:46 AM