This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) "Abandoned sign" means a sign that is not maintained as required by these rules or meets any of the following:

(a) the sign remains in the absence of a valid lease or written permission from the landowner;

(b) the sign face is blank;

(c) the sign is obsolete;

(d) the sign is significantly damaged or dilapidated;

(e) the sign has not been erected;

(f) the sign or sign face has been removed; or

(g) the sign owner fails to pay the appropriate sign fees.

(2) "Agricultural Activity" means any activity on improved or unimproved land directly related to the production of crops, dairy products, poultry, or livestock; any activity directly related to the cultivation or harvesting of trees; or any activity directly related to fish farms.

(3) "Apron" or "base" means the area beneath the bottom molding of the front of a billboard.

(4) "Back to back" means billboard faces erected on one structure facing in opposite directions.

(5) "Blank sign" means a sign structure that has no face or has faces without 100 percent advertising cover.

(6) "Bus bench" or "bench" means a structure built for the dedicated purpose of providing seating for transit riders while waiting for a public transit vehicle. The term does not include benches erected as trail or street furniture unrelated to transit operations.

(7) "Clear zone" means the total roadside border area, starting at the edge of the traveled way, that is available for an errant driver to stop or regain control of a vehicle. The area might consist of a shoulder, a recoverable slope, or a nonrecoverable, traversable slope with a clear run-out area at its toe.

(8) "Commercial advertising" means advertising of commercial interests which promotes merchandisers' goods and services and creates a potential financial benefit as a result of the exposure of the business name rather than advocating a social or political cause.

(9) "Commercial variable message signs (CVMS)" means signs other than electronic billboards which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, producing the illusion of movement by means of electrical or electro-mechanical input and/or the characteristics of one or more of the following classifications:

(a) flashing signs are animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as, more than, or less than the period of no illumination;

(b) patterned illusionary movement signs are animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion;

(c) environmentally activated signs are animated signs or devices motivated by wind, thermal changes or other natural environmental input, including spinners, pinwheels, pennant strings, reflective disks, rotating slats, glow cubes and/or other devices or displays that respond to naturally occurring external motivation to include light-sensitive devices;

(d) mechanically activated signs are animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

(10) "Commercial or industrial zone" is defined at 75-15-103, MCA, and has the additional meaning of those areas established by the zoning authorities as being most appropriate for commerce, industry, or trade, regardless of how labeled. The zones are commonly categorized as commercial, industrial, business, manufacturing, highway service or highway business (when these latter are intended for highway-oriented business), retail, trade, warehouse, and similar classifications.

(11) "Conforming sign" means a sign legally erected and maintained in accordance with federal, state, and local laws.

(12) "Controlled route" means any route on federal-aid interstate, National Highway System (NHS), or primary system in existence on June 1, 1991.

(13) "Customary maintenance" means the action necessary to keep a sign in good condition by replacement of parts damaged or worn by age, or painting of areas exposed to the weather.

(14) "Destroyed sign" means a sign that is no longer in existence due to factors other than vandalism or other criminal or tortious acts.

(15) "Dilapidated sign" means a sign which is neglected or in disrepair, or which fails to be in the same form as originally constructed, or which fails to perform its intended function of conveying a message. Characteristics of a dilapidated sign include, but are not limited to structural support failure, a sign not supported as originally constructed, panels or borders missing or falling off, or intended messages that cannot be interpreted by the motoring public.

(16) "Directional sign" means a sign erected for the purpose of identifying publicly or privately owned places that feature natural phenomena or ranch locations; historical, cultural, scientific, religious, or educational opportunities; areas of scenic beauty or outdoor recreation areas; or ranch activities.

(17) "Discontinued sign" means a sign no longer in existence. A discontinued sign includes a sign of which any part of a sign face is missing for more than 60 days. In some cases, a sign may be both discontinued and dilapidated.

(18) "Electronic billboard (EBB)" means electronic signs on which messages may be changed on-site or remotely through hard wire or wireless communications and which have the capability to present any amount of text or symbolic imagery. The term includes, but is not limited to, "digital" signs, and "light emitting diode (LED)" signs. The term does not include commercial variable message signs.

(19) "Facing" means the direction that a panel is exposed to display advertising copy.

(20) "Height above ground level (HAGL)" means the distance in feet from the ground level to the lowest edge of the bottom molding of the sign display face (panel).

(21) "Illegal sign" means those signs which are erected or maintained in violation of laws.

(22) "Illuminated" means outdoor advertising structures with electrical equipment installed for illumination of the message at night.

(23) "Interchange" is defined at 75-15-103, MCA, and has the additional meaning of a junction of two or more highways by a system of separate levels that permit traffic to pass from one to another without the crossing of traffic streams, and a system of interconnecting roadways in conjunction with one or more grade separations that provides for the movement of traffic between two or more roadways or highways on different levels.

(24) "Intersection" is defined at 75-15-103, MCA, and has the additional meaning of a system of two or more interconnecting roadways without a grade separation providing for the exchange of traffic. Only a road, street, or highway which enters directly into the controlled route is regarded as intersecting.

(25) "Main-traveled way" means the interstate, national highway system, and federal-aid primary highway system on which through traffic is carried. In case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. The term does not include such facilities as frontage roads, turning roadways, or parking areas.

(26) "Mobile advertising device" or "car wrap" or "taxi display" means devices displayed on vehicles that may independently become part of traffic flow, or may be parked at specific locations, and which are capable of being transported over public roads and streets whether or not it is so transported. The term includes devices displayed on other portable or movable objects or animals.

(27) "Multi-face sign" means a sign having more than one face (e.g., doubles, v-type, back-to-back, side-by-side and stacked).

(28) "Noncommercial sign" means a sign that does not display commercial advertising. The department shall make the determination of a noncommercial sign designation on a case-by-case basis. The term does not include official signs.

(29) "Nonconforming sign" is defined in 75-15-111, MCA, and also has the meaning of an outdoor advertising sign which was lawfully erected but which does not comply with the provisions of state law or state administrative rules passed at a later date, or which fails to comply with state law or state administrative rules due to changed conditions. The term does not include illegally erected or maintained signs.

(30) "Obsolete sign" means a sign that identifies or advertises a business or other entity that has relocated or no longer exists, or products or services that are no longer available, or events or activities that occurred in the past.

(31) "Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law, for the purposes of carrying out an official duty or responsibility. Historical markers and public utility signs authorized by state law and erected by state or local government agencies may be considered official signs.

(32) "Off-premise sign" means a sign directing attention to a specific business, product, service, entertainment event or activity, or other commercial activity that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located.

(33) "On-premise sign" means a sign which consists solely of the name of the establishment or which identifies the establishment's principal or accessory products or services offered on the property or advertises the sale or lease of the property on which the sign is located. The sign must be located on the same premises as the establishment, activity, or property advertised.

(34) "Panel" means a portion of a billboard face.

(35) "Permit" means a license granted by state or local government that authorizes a sign structure to be erected and maintained at a specific site.

(36) "Pictograph" means a pictorial representation used to identify a governmental jurisdiction or an area of jurisdiction.

(37) "Political sign" means a sign which announces, promotes, or advertises the name, program, or political party of any candidate for public office, or an opinion regarding a political issue associated with a candidate or election.

(38) "Right-of-way" means the area along a highway or arterial street that is under the control of a city, county, or state.

(39) "Rural area" means any area not defined as an urban area.

(40) "Shelter" means a structure built for the dedicated purpose of protecting transit riders from the elements while waiting for a public transit vehicle. The term includes structures known as transit shelters or passenger shelters, intended for human occupancy, but does not include a structure erected for housing of buses or other vehicles.

(41) "Sign face" means the surface of the sign that carries the advertising message and is the portion of the sign visible from a single direction of travel and available for advertising. It includes border and trim, but excludes the base or apron, supports, sign posts, and other structural members. The total area of all sign faces may also be referred to as the "sign area." One sign structure may have more than one face.

(42) "Sign structure" means the portion of the sign that supports the sign face(s) including the sign posts, base or apron, supports, and other structural members.

(43) "Spot-zoning" means the labeling of tracts near highway interchanges as "commercial" or "industrial" solely to permit advertising devices.

(44) "Strip-zoning" means the labeling of any stretch of land adjacent to controlled highways as "commercial" or "industrial" solely to permit advertising devices.

(45) "Temporary sign" means a sign intended to be displayed for a limited period of time only in conformity with ARM 18.6.240.

(46) "Transit outdoor advertising permit" or "transit advertising permit" means a special use permit issued by the department for commercial advertising on a transit/passenger shelter or bus bench located within government-owned right-of-way, which qualifies under ARM 18.6.236. A transit outdoor advertising permit is exempt from certain administrative rule requirements in this chapter on qualification, application process, inspection fee, location, size, spacing, intersection distances, and certain sign characteristics, but must meet all requirements on those elements found in ARM 18.6.236.

(47) "Trim" means the moldings surrounding the face of a sign structure.

(48) "Unzoned commercial or industrial area" is defined in 75-15-103, MCA, and also has the meaning of an area with no comprehensive zoning, or where a local municipality cannot zone.

(49) "Urban area" is defined in 75-15-103, MCA, and also has the meaning of areas within the boundaries shown on the department's official urban maps.

(50) "V-type sign" means a sign structure that consists of multiple sign faces placed at angles to each other, oriented in different directions and not exceeding ten feet apart at their nearest point.

(1) The following criteria shall be used to determine whether an activity qualifies an area to be considered unzoned commercial:

(a) the commercial activity and its associated buildings used to qualify an area must be located within 660 feet of the right-of-way of a controlled route;

(b) the commercial activity may not be located inside a structure which is also used as a residence, or in a building intended for use by the resident such as a garage or other outbuilding. If a residence exists on the location, the commercial activity must be located in a separate building from the residence, and must meet all requirements in this rule for utilities, etc.;

(c) the commercial activity shall have been in business at least one year prior to being considered as qualifying the area as an unzoned commercial area;

(d) the commercial activity must be clearly visible to the traveling public on the controlled route, be easily recognizable as a commercial activity, and have an on-premise sign, visible from the controlled route, which identifies the commercial activity;

(e) the commercial activity's associated building must be connected to two or more utilities; have a restroom; and be open to the public during regularly scheduled hours in excess of 20 hours per week, at least six months of a calendar year;

(f) the commercial activity must include a commercial building with a permanent foundation equipped with a permanent floor from material other than dirt, gravel, or sand;

(g) the commercial activity must have vehicular access that is normal and customary for ingress and egress to the commercial activity;

(h) the commercial activity must hold a current, valid business license issued by a local, county, or state government which authorizes the commercial activity to operate from that location. If no business license is required for the location, a government-issued authorization for the business operation which establishes the length of time for the business operation at the specific location may be substituted with department approval;

(i) where a trailer, mobile home, or similar structure is used for the commercial activity's associated building, all wheels, axles, and springs shall be removed. The mobile home or similar structure must be permanently secured on piers, pad, or foundation; and

(j) a self-propelled vehicle shall not qualify for use as a commercial business or office for the purpose of these rules.

(2) A maximum of two signs may be permitted from a qualifying commercial activity and its associated building, regardless of the number of qualifying commercial activities conducting business from the same building. 

(3) Signs must meet the following requirements:

(a) the sign(s) must be located on the same side of the controlled route as the qualifying activity;

(b) if the qualifying activity is separated from the controlled route by a frontage, access, or other type of road parallel to the controlled route, the sign(s) must be located on the same side of the parallel road as the qualifying activity and must not be located between the parallel road and the controlled route.

(4) Unzoned commercial areas are not created when:

(a) a commercial activity is located either partially or totally within an area which has been zoned by a bona fide state, county, or local zoning authority;

(b) a commercial activity is engaged in or established primarily for the purpose of qualifying an area for the displaying of outdoor advertising;

(c) the building associated with the commercial activity is used solely to store trade equipment or is not integral to the business operation where actual business transactions take place.

(5) If the qualifying commercial activity at the sign location ceases for a period of nine months, the sign will be deemed nonconforming, and must adhere to all outdoor advertising statutes and rules on repair of nonconforming signs found at ARM 18.6.251. If a qualifying commercial activity again becomes operational at the sign location, the sign will revert to its former conforming status for the duration of the commercial activity's operation and nine months thereafter.

(1) On-premise signs which advertise activities conducted on the property upon which they are located do not require a permit from the department. The department shall be the sole determinant as to whether a sign qualifies as an on-premise sign after meeting all requirements of the Outdoor Advertising Act and these rules.

(2) The sign must be located on the same premises as the activity or property advertised.

(a) Premises include the area occupied by the buildings and appurtenances associated with the activity such as parking lots, storage areas, processing areas, or areas for the physical uses that are customary to the activity, including open spaces landscaped, arranged and designed to be used in connection with the buildings or activities.

(b) Premises do not include vacant land, land used for unrelated activities, or land that is separated by other ownerships or roadways.

(3) The purpose of the advertising sign must be the identification of:

(a) the principal establishment;

(b) the principal activity located on the premises;

(c) the principal products or services; or

(d) the sale or lease of the property on which the sign is located.

(4) On-premise signs which attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal, or device are prohibited.

(5) When a sign consists principally of brand name or trade name advertising and the product or service advertised is only incidental to the principal activity, or if the sign brings rental or lease income to the property owner, the sign shall be considered the business of outdoor advertising and not an on-premise sign.

(6) Signs located on land in the following situations are not considered on-premise advertising:

(a) any land on which a sale or lease sign contains advertising for any product or service not conducted upon the premises;

(b) any land which is not used as an integral part of the principal activity, including but not limited to land which is separated from the activity by:

(i) a roadway;

(ii) a highway;

(iii) any other obstruction not used by the activity;

(iv) extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility whether or not it is under the same ownership;

(c) any land which is used for or devoted to a separate purpose unrelated to the advertised activity;

(d) any land occupied solely by structures or uses which serve no reasonable or integrated purpose related to the principal activity other than to attempt to qualify the land as a site for signs, including but not limited to playgrounds, camping areas, walking paths, fences, and maintenance sheds; or

(e) any land where the sign is located at or near the end of a narrow strip contiguous to the advertised activity, including but not limited to any configuration of land which cannot be put to any reasonable use related to the activity other than as a site for signs, such as wetlands, common or private roadways, or a strip of land held by easement or other lesser interest.  

(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 and 18.6.206.

(4) Off-premise signs visible from a controlled route must not be located on government owned right-of-way.

(5) Off-premise signs located outside an incorporated area must not be more than 660 feet from the outer edge of the right-of-way.

(6) Off-premise signs located within an incorporated area must be in compliance with the setback requirements established by local ordinance or other regulation.

(7) 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.

(8) The provisions of these outdoor advertising rules shall not be deemed to supersede the rights and powers of counties and municipalities to enact outdoor advertising or sign ordinances that are more restrictive than this rule.

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

(1) The following criteria shall be used to determine whether an activity qualifies an area to be considered unzoned industrial:

(a) the industrial activity and associated office building used to qualify an area must be located within 660 feet of the right-of-way of a controlled route;

(b) the industrial activity may not be located inside a structure which is used for a residence, or in a building intended for use by the resident such as a garage or other outbuilding. If a residence exists on the location, the location shall not qualify for use as an unzoned industrial area;

(c) the industrial activity must have been in business at least one year prior to being considered as qualifying the area as an unzoned industrial area;

(d) the industrial activity must be clearly visible to the traveling public on the controlled route, and be easily recognizable as an industrial activity, and have an on-premise sign, visible from the controlled route, which identifies the industrial activity;

(e) temporary or transient industrial activities may not be considered as a qualifying activity;

(f) an industrial activity's associated areas may include readily identifiable areas for which the primary uses are the manufacturing, servicing, or storage of goods;

(g) an industrial activity shall hold a current, valid business license issued by a local, county, or state government which authorizes the industrial activity to operate from that location. If no business license is required for the location, a government-issued authorization for the business operation which establishes the length of time for the business operation at the specific location may be substituted with department approval;

(h) the industrial activity must have an associated building with a permanent foundation, built or modified for its current industrial use. Where a trailer, mobile home, manufactured home, or similar structure is used for the associated building, all wheels, axles, and springs must be removed and the trailer, mobile home, or similar structure must be permanently secured on piers, pad, or foundation; and

(i) a self-propelled vehicle shall not qualify for use as the industrial activity's associated building for the purpose of these rules.

(2) A maximum of two signs may be permitted from a qualifying industrial activity and its associated building, regardless of the number of separate qualifying industrial activities conducting business from the same building.

(3) Signs must meet the following requirements:

(a) the sign(s) must be located on the same side of the controlled route as the qualifying industrial activity; and

(b) if the qualifying activity is separated from the controlled route by a frontage, access, or other type of road parallel to the controlled route, the sign(s) must be located on the same side of the parallel road as the qualifying activity, and must not be located between the parallel road and the controlled route.

(4) Unzoned industrial areas are not created when:

(a) an industrial activity is located either partially or totally within an area which has been zoned by a bona fide state, county, or local zoning authority; or

(b) an industrial activity is engaged in or established primarily for the purpose of qualifying an area for the displaying of outdoor advertising.

(5) If the qualifying industrial activity at the sign location ceases for a period of nine months, the sign will be deemed nonconforming, and must adhere to all outdoor advertising statutes and rules on repair of nonconforming signs found at ARM 18.6.251. If a qualifying industrial activity again becomes operational at the sign location, the sign will revert to its former conforming status for the duration of the industrial activity and nine months thereafter.

(6) The department shall be the sole determinant as to whether an area qualifies as an unzoned industrial activity.

(1) A permit must be obtained for each outdoor advertising sign which meets the requirements of the Montana Outdoor Advertising Act 75-15-101, et seq, MCA, and these rules.

(2) A check payable to the Montana Department of Transportation in the amount of the nonrefundable inspection fee and the initial permit fee must accompany the sign permit application.

(3) A nonrefundable inspection fee shall be assessed for each off-premise outdoor advertising sign erected within any area subject to state control by the department.

(4) An initial permit fee shall be assessed for each off-premise outdoor advertising sign.

(5) Signs shall be assigned a permit number and given a permanent identification plate that must be attached to the structure. The permit plate must not be leased to any other party. Permit plates remain the property of the department and shall be returned to the department upon relinquishment or revocation of the permit or upon request of the department.

(6) Permits may be renewed every three years on the appropriate January 1 renewal cycle date upon payment of a renewal fee.

(7) Permits for new signs in conforming areas may be issued only after the proposed location and sign site has been checked in regard to spacing, size and lighting criteria and approved by the department.

(8) A new sign may not be erected without first applying for and receiving a permit. Failure to obtain a permit prior to sign erection may result in denial of a pending application.

(9) Ownership of a sign permit must not be transferred without the express written consent of the permit holder(s) on a form provided by the department, and submitted to the department at least 30 days prior to the transfer. Failure to timely provide the transfer form may result in voiding the transfer, or revocation of the permit. The current permit holder(s) must sign the form transferring the permit, and provide written permission and signature from the current landowner for the transfer. Permit holder or transferee may alternatively submit proof of a permanent property right (e.g., easement) for the sign location. Only off-premise commercial advertising sign permits may be transferred. Temporary, church and service club, directional, cultural, noncommercial, political, and official signs shall not be transferred, but may be terminated by permit holder request or department action.

(10) Permits may be relinquished at the written request of either the permit holder(s) or the landowner(s) subject to the department's approval. The document requesting relinquishment of a permit must be signed by the current permit holder or the landowner(s). If the permit holder(s) are unable or unwilling to sign the relinquishment document, the landowner(s) may request revocation of the permit by providing the department with a document stating the reason for revocation such as termination of the land lease between the permit holder(s) and the landowner(s) and indicating whether the landowner(s) has purchased the sign structure or if the sign structure will be removed. The landowner(s) must sign this document. 

(11) Permits may be revoked upon a finding of a violation of the provisions of the Outdoor Advertising Act or the outdoor advertising administrative rules.

(1) Applications for outdoor advertising permits will be processed in the order that they are received by the department. Applications will be date-and-time stamped upon receipt by the department.

(2) If applications for outdoor advertising permits are received by the department for two or more signs in such proximity to each other, or to existing permitted signs, or for any other reason such that only one of them may receive a state outdoor advertising permit, they will be considered in the order in which they are received by the department.

(3) An application rejected for incompleteness, inaccuracy, or other valid cause shall not retain its place before other competing applications (if any), but, if resubmitted, will be considered a new application as of the date and time it is received.

(4) Applications for permits must be submitted on forms provided by the department and must contain a minimum of the following:

(a) name, address, and signature of sign owner and land owner;

(b) location of proposed sign including highway number, nearest milepost, GPS longitude and latitude for the edge of the sign structure nearest to the controlled route, side of highway, county, and distance and direction to nearest sign;

(c) description of structure including width of sign, height of sign, height of structure, type of sign (single-faced, double-faced, v-type, multi-faced), lighted (yes/no), and estimated cost of construction to include labor and material; and

(d) property description or legal description.

(5) Applications for permits must be accompanied by the following:

(a) both the nonrefundable inspection fee and the initial permit fee;

(b) a local zoning certification for outdoor advertising on a form provided by the department;

(c) a business license issued by a local, county, or state government authorizing the business to operate at the qualifying location, when the application is for a site located in an unzoned commercial or industrial area. If no business license is required for the location, a government-issued authorization for the business operation, which establishes the length of time for the business operation at that location, may be substituted with department approval; 

(d) a scale drawing with all details of the proposed sign structure, including accurate dimensions and a current photograph of both the staked location and the qualifying activity. All measurements must be from the outer edges of the qualifying activity's associated building for the commercial or industrial activity, along or parallel to the edge of the pavement of the controlled route, but not from the property lines of the activity; and

(e) a landowner affidavit, on a form provided by the department.

(6) The applicant must clearly stake the physical place the sign is to be erected with the exact location of the proposed sign site to enable department personnel to perform the required site inspection.

(7) Approval of an application and issuance of a permit does not alleviate an applicant from responsibility to comply with all applicable county or local regulations. Any violation of county or local regulations may result in revocation of the permit.

(8) Each application must be complete and accompanied by all required supplemental materials. The department reserves the right to reject ineligible, incomplete, or otherwise improper applications. Rejected applications will be returned to the applicant for correction of identified deficiencies by the applicant.

(1) It is the responsibility of the sign owner to see that the proper permit is continuously attached to the sign or device for which it was issued.

(2) The permit plate must be attached immediately upon erection of the sign.

(3) The permit plate must be attached to the sign or the supporting structure near the lower left corner of the sign (or supporting pole/beam) facing the traffic. The permit plate must be visible from the roadway.

(4) Permits which are affixed to the wrong sign or are otherwise in violation of requirements may be revoked by the department if the deficiency continues for more than 30 days.

(5) If the department revokes a permit, the sign for which the permit was issued becomes an illegal sign and must be removed. The permit plate must be destroyed and disposed of properly.

(6) If the original permit plate has been lost or destroyed, a replacement permit plate may be obtained from the department upon application and payment of a fee listed in ARM 18.6.215. 

(1) A renewal notice may be sent by the department. The department's failure to issue such notice will not excuse the sign owner from the sign owner's duty to make proper application for renewal of a permit. Failure to submit the mandatory sign permit renewal fee within 30 days after expiration of the permit may result in revocation.

(1) Fees must be transmitted by check payable to the Montana Department of Transportation. The department assumes no responsibility for loss in transit of such remittances. Applicants not submitting proper fees will be notified by the department. Inspection fees are nonrefundable.

(2) Permit fees shall be calculated based on total square footage of sign face or total square footage of sign faces combined (aggregate) when more than one sign face is present on a single structure.

(3) The fees shall be as follows:

(a) inspection fee (must accompany the sign permit application) $150.00

(b) initial permit fee based on aggregate size of all sign faces:

(i) 32 sq. ft. or less $ 10.00

(ii) 33 sq. ft. to 375 sq. ft. $ 50.00

(iii) 376 sq. ft. to 672 sq. ft. $ 100.00

(iv) over 672 sq. ft. $ 150.00

(c) renewal fee (3 year cycle) based on aggregate size of all sign faces:

(i) 32 sq. ft. or less $ 15.00

(ii) 33 sq. ft. to 375 sq. ft. $ 75.00

(iii) 376 sq. ft. to 672 sq. ft. $ 150.00

(iv) over 672 sq. ft. $ 225.00

(d) replacement permit plate $ 20.00 

(1) Within 90 days of the date of issuance of the permit, which is the date the application was approved, the sign owner will:

(a) erect the sign structure;

(b) attach the permit plate to the sign structure;

(c) attach advertising materials or copy to the sign face;

(d) attach name plaque to structure identifying the sign owner;

(e) provide written and photo verification of the sign erection.

(2) When construction has been delayed through no fault of the applicant, an extension of time to erect the structure may be granted upon written request from the sign owner which explains the reason for the request. Extensions may be granted at the discretion of the department.

(3) Where a sign is erected with the purpose of its message being read from two or more highways, one or more of which is a controlled route, the more stringent of application control requirements will apply.

(4) Signs shall be rigidly suspended by means of fastening or supports so as not to be free-swinging, nor a danger to persons or property.

(5) Failure to abide by these rules may result in revocation of the permit.

(1) Standards for off-premise permitted signs are found at 75-15-113, MCA, and include the additional standards in this rule.

(2) Off-premise permitted signs must comply with the following spacing requirements:

(a) signs adjacent to an interstate highway, limited-access primary or National Highway System (NHS) highway must be a minimum of 500 feet apart on the same side of the roadway;

(b) signs adjacent to nonlimited access primary or NHS highways must be a minimum of 300 feet apart on the same side of the roadway;

(c) signs, whether or not visible to the main traveled way of a controlled route, must not be located within 500 feet of an intersection in rural areas, or within 140 feet of an intersection in cities or towns, unless the sign is a bench with a maximum height of three feet at its highest point, or the sign is erected with the height above ground level (HAGL) of at least eight feet as measured at a right angle from the surface of the roadway at the centerline of the controlled route;

(d) official and on-premise signs shall not be counted nor shall measurements be made from them for purposes of determining compliance with off-premise sign spacing requirements;

(e) the minimum distance between signs shall be measured along the nearest edge of the pavement of the controlled route between points directly opposite the signs; and

(f) multi-faced signs shall be considered as a single sign.

(3) Off-premise permitted signs on controlled routes must not have any of the following characteristics, or the sign shall be subject to permit revocation and sign removal:

(a) signs advertising activities that are illegal under state or federal laws, rules, or regulations in effect at the location of such signs or at the location of such activities;

(b) signs that are illegal, destroyed, abandoned, or discontinued;

(c) signs that are not clean and in good repair;

(d) signs that are not securely affixed to a substantial structure;

(e) signs which attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal, or device;

(f) signs that include directions or directional elements (e.g., an arrow indicating a turn) in locations which are so close to a turning point there is insufficient time to signal and turn safely;

(g) signs which prevent the driver of a vehicle from having a clear and unobstructed view of an intersection, official traffic control signs, or other traffic control devices;

(h) signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights;

(i) signs which have lights that change intensity or color, lasers, strobe lights, or other lights with stroboscopic effect;

(j) signs which use lighting in any way unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of the highway, or is of such low intensity or brilliance 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;

(k) signs which move or have any animated or moving parts;

(l) signs which are erected or maintained upon fences, power poles, traffic signal poles or boxes, street lights, trees, or painted or drawn upon rocks or other natural features;

(m) signs located within ten feet of a property line of a residential zoning district or an existing residential use which do not aim the light fixture away from the property line, residential use area, or right-of-way line and shield the side closest to the property line, residential use area, or right-of-way line so that the light fixture illuminates only the face of the sign;

(n) roof signs, inflatable signs, snipe signs, banners, pennants, wind-operated devices, sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with moving or alternating or traveling lights;

(o) signs located within government owned right-of-way limits, except for specific information signs and tourist oriented directional signs under 60-5-501, MCA.

(1) Commercial variable message signs are prohibited on controlled routes.

(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.
 

(1) An electronic billboard (EBB) may be approved as an off-premise outdoor advertising sign if it is visible to the traveling public from a controlled route and is within an area zoned commercial or industrial within the city limits or urban area of an incorporated or unincorporated city or town as shown on the department's official city urban and unincorporated town maps.

(2) An EBB must meet all of the following conditions:

(a) EBB messages must have a minimum display (dwell) time of eight seconds and a maximum change (twirl) interval of one second;

(b) an EBB shall not exceed a brightness level of three tenths (0.3) footcandles over ambient light as measured by the distance to the EBB as follows:

EBB face area (square feet) Distance of Measurement (feet from EBB)

300-672 250

200-299 150

150-199 135

100-149 110

(c) an EBB must use automatic dimming technology to adjust the brightness of the EBB relative to ambient light to avoid exceeding the brightness level of three tenths (0.3) footcandles;

(d) an EBB must not be placed with illumination that interferes with the effectiveness of or obscures an official traffic sign, device, or signal;

(e) an EBB must not cause beams or rays or light to be directed at the traveled way if the light is of unreasonable intensity or brilliance or is likely to be mistaken for a warning or danger signal or cause glare or impair the vision of any driver, or to interfere with the driver's operation of a motor vehicle;

(f) an EBB message must remain static. Paging, scrolling, or streaming messages are prohibited. The message must not use techniques of message display such as fading, rolling, window shading, exploding, dissolving, spinning, revolving, or shaking messages;

(g) an EBB must not include or be illuminated by flashing, intermittent, or moving lights, nor use jumping arrows or rapid chasing or flashing lamp borders, or lights which resemble or simulate any lights used to control traffic;

(h) an EBB must not be located within 1000 feet of the beginning or ending of the pavement widening, for each entrance or exit roadway, to the main-traveled way on interchanges, and within 500 feet of an intersection;

(i) an EBB must not be placed within 2000 feet of another permitted sign measured along the nearest edge of the pavement between points directly opposite the signs on the same side of the roadway;

(j) an EBB must only be constructed as a single face, back-to-back, or two-faced V-shaped structure. Only one face may be visible in each direction of the main-traveled way. Side-by-side or stacked EBBs are prohibited;

(k) an EBB must not be a portable sign which is used as permanent illuminated signage, as only a fixed sign is allowed;

(l) an EBB must not attempt or appear to attempt to direct the movement of traffic and must not interfere with, imitate, or resemble any official traffic sign, signal, or device; and

(m) an EBB must contain a default mechanism which will stop the sign face in one position if a malfunction which causes the display to be in violation of this rule occurs, or within three hours when notified by the department.

(3) An existing non-EBB may be modified or upgraded to EBB technology if the sign conforms with EBB criteria established in this rule relating to zoning, size, lighting, and spacing. Prior approval from the department is required to upgrade an existing sign to EBB technology, including a new sign application and a nonrefundable inspection fee.

(4) Nonconforming signs must not be modified or upgraded to EBB technology.

(5) All applications for EBB original or upgraded permits must be accompanied by an approval issued by a local or county government on a form provided by the department. Approval of an application and issuance of a permit do not alleviate an applicant for responsibility to comply with all applicable county or local regulations. Any violation of county or local regulations may result in revocation of the permit.

(6) Violation of this rule may result in revocation of the permit.

(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).

(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. 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.

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

(a) on private or other government-owned property adjacent to controlled routes, with permission of the landowner;

(b) 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.

(5) Welcome to signs must not:

(a) exceed 300 square feet in area;

(b) contain lettering with a height of less than four inches;

(c) be attached to any other sign, sign assembly, or other traffic control device, including supports or any sign structures;

(d) be affixed to fences, power poles, traffic signal poles or boxes, street lights, trees, or painted, or drawn upon rocks, or other natural features;

(e) contain any messages, lights, symbols, or trademarks that resemble any official traffic control devices;

(f) contain any flashing, moving, or animated features;

(g) be lighted by external spot lights 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;

(h) 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).

(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.

(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.

(9) 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 conform with all requirements of the assigned encroachment permit prior to performing any installation of or maintenance to the welcome to sign.

(10) A welcome to sign owner proposing sign modifications beyond routine maintenance must submit a modification application and receive department approval prior to modification.

(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, 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 May 12, 2019.

(1) Off-premise mobile advertising devices on vehicles which are traveling on controlled routes are not subject to the provisions of the Outdoor Advertising Act or administrative rules while traveling.

(2) Vehicles, trailers, or other portable objects displaying off-premise mobile advertising devices being used for outdoor advertising purposes must not be parked on public or private land visible to the traveling public from any place on a controlled route, whether the display is permanent or portable, regardless of the length of time the vehicle is parked in any one or more locations.

(3) Signs on registered or unregistered motor vehicles, including but not limited to: semi-truck trailers, buses, trucks, RVs, mobile homes, or similar wheeled conveyances, which are determined by the department to be permanently or semi-permanently parked and clearly advertising to a controlled route shall be prohibited unless properly permitted under the provisions of the Outdoor Advertising Act and these administrative rules. 

(1) Temporary signs are considered on-premise signs and may be erected in all zoning districts along controlled routes without permits for the purposes described in this rule only. Temporary signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Temporary signs must not:

(a) exceed 32 square feet in size;

(b) be placed on any location other than private property and may only be placed with the permission of the property owner;

(c) be erected or maintained outside the time limits set forth in this rule for each category of temporary signs;

(d) be erected along interstate highways.

(3) Temporary signs must be removed within the time limits set forth for the sign category in this rule. The department shall notify the landowner and the sign owner of illegal signs which are not removed within ten days of the time limit expiration. The signs shall be removed by the department 24 hours after notification to the landowner and sign owner.

(4) Temporary signs which meet criteria for the following categories may be erected:

(a) Temporary construction site identification signs erected during the construction period of a structure for the purpose of identifying the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and related information including but not limited to sale or leasing information. Construction site identification signs must not be erected prior to the issuance of a building permit, and must be removed from the subject site before the issuance of a certificate of occupancy.

(b) Temporary real estate sale or lease directional signs erected for the purpose of directing interested persons to the location of a property actively listed for sale or lease. Real estate directional signs may only be erected during the period of a real estate agent's listing agreement for sale or lease of real property, or for 120 days of active sale activities without a listing agreement. The signs must be removed from the subject site no later than 15 days after the sale of the listed property or expiration of the listing agreement.

(c) Other temporary signs at the department's discretion, including but not limited to charity events or causes and public service announcements.

(1) A church, service club, or youth organization which conducts regular meetings may erect and maintain signs which give the name of the organization and the time and place at which regular meetings are held. Church and service club signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Church and service club signs must not:

(a) have more than a total of four signs erected by any one group, of which no more than three can face in the same direction of travel;

(b) be more than five miles from where the meetings or functions are regularly held; and

(c) exceed eight square feet.

(3) The activity advertised must be a regularly scheduled daily, weekly, monthly, or quarterly meeting, function, or gathering which members of the traveling public using the highway will be likely to want to find and attend.

(4) This rule is not intended to cover advertising of annual events, such as county fairs, or activities which are continuously in existence such as a college or hospital. Further, it is not intended to cover advertising of sports events or other activities for which an admission fee is customarily charged.

(5) A permit must be obtained for each church or service club sign accompanied by a nonrefundable inspection fee. There is no initial permit fee or renewal fee for church or service club signs. 

This rule has been repealed.

(1) Directional signs pertaining to natural wonders, scenic and historical attractions, nonprofit historical and arts organizations, or ranching, grazing, or farming activities may be erected and maintained providing the signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Directional signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Directional signs must not:

(a) have more than one sign, pertaining to the same activity, facing the same direction of travel, erected along a single route approaching the activity;

(b) be located more than 75 air miles from the activity if adjacent to the interstate system;

(c) be located more than 50 air miles from the activity if adjacent to the primary system;

(d) exceed 32 square feet with a maximum height of 4 feet and length of 8 feet; and

(e) use descriptive words, phrases, pictorial or photographic representations of the activity or its surrounding areas.

(3) Directional signs for different attractions or activities facing the same direction of travel shall be spaced more than one mile apart.

(4) A permit must be obtained for each directional sign accompanied by a nonrefundable inspection fee. There is no initial permit fee or renewal fee for directional signs. 

This rule has been repealed.

This rule has been repealed.

(1) Signs promoting political candidates or issues shall be placed on private property only and cannot be placed without the permission of the property owner. Political signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Political signs must not be placed on or allow any portion to intrude in the public right-of-way or on public property.

(3) Political signs will not be considered in determining the spacing required between conforming off-premises outdoor advertising signs.

(4) Signs that pose a traffic hazard may be removed by the department without prior notification to the sign owner.

(5) Political signs do not require permits and are not subject to permit fees.

(1) Official signs must be erected pursuant to direction or authorization contained in federal, state, or local law, such that the office must be directed by statute or must have the specific authority by statute to erect and maintain signs and notices. Official signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Official signs must not exceed 150 square feet.

(3) Official signs must be erected within the territorial jurisdiction or zoning jurisdiction of the public office or agency, such that the office or agency must exercise some form of governmental authority over the area upon which the sign is located.

(4) Official signs must be erected outside the right-of-way and maintained by a public office or agency.

(5) Official signs will not be considered in determining the spacing required between conforming off-premise outdoor advertising signs.

(6) A permit must be obtained for each official sign accompanied by a nonrefundable inspection fee. There is no initial permit fee or renewal fee for official signs. 

(1) An on-premise nonprofit sign owner may recognize the name of a sponsor, benefactor, or support group if:

(a) the "thank you" identifies the name of the sponsor, benefactor, or support group, is of a noncommercial nature and does not include promotional information such as address, phone number, hours of operation, or product logos. Any advertising is prohibited;

(b) a permanent "thank you" display is limited to three recognition plaques whose size shall not exceed the size(s) applied for on the permit application and approved by the department;

(c) a changeable reader board display has a maximum display time of 20 minutes during a 14 day period;

(d) not more than three recognition plaques are erected on a sign structure which is visible to traffic proceeding in any one direction on any interstate or primary highway; and

(e) the sign owner obtains a permit from the department to display "thank you" recognition and the permit application includes the type of display and purpose for the recognition.

(2) A nonprofit owner includes, but is not limited to schools, churches, or local governments.

(1) Permittees must complete a notification report detailing proposed allowable maintenance or repair of nonconforming signs, on a form provided by the department, prior to commencement of allowable work. A photo verification of the existing sign condition prompting repair or maintenance must be attached to the notification form. Department response is not required prior to commencement of allowable maintenance, at permittee's risk of later receipt of department noncompliance determination as per (2).

(2) The department will notify a permittee within 30 days of notification report receipt if maintenance or repair work appears to be noncompliant with statute or rule, and must not be commenced or completed.

(3) The department may inspect and verify nonconforming sign repair or maintenance work at any time, and if noncompliant maintenance is identified by the department after completion, the sign must be restored to its original status within 90 days of department notification.

(4) Failure to complete a notification report prior to commencement of maintenance may result in revocation of the permit. 

(5) Emergency repairs, or those which must be performed to address a risk to public health or safety, may be completed immediately upon submission of a photo verification of the emergency sign condition requiring repair. Emergency repair may only be made in accordance with this rule, and may only include sign replacement for damage due to vandalism, criminal acts, or tortious acts.

(6) As per 75-15-111, MCA, nonconforming signs lawfully in existence prior to April 21, 1995, may be maintained or replaced each year under the following requirements:

(a) a sign may be maintained each year if the value of the materials used in the maintenance does not exceed 75 percent of the value of the materials required to replace the sign new;

(b) the sign may be replaced, if damaged by vandalism, criminal acts, or tortious acts, at up to and including 100 percent of its replacement cost;

(c) the sign replacement must not result in an increase in the area used to display advertising copy nor an increase of height, width, or area over the current dimensions;

(d) the sign may not be illuminated, unless already illuminated before the repair or maintenance;

(e) the sign to be repaired or replaced may not replace wood poles with steel poles.

(7) Nonconforming signs lawfully in existence after April 21, 1995, may be maintained or replaced each year under the following requirements:

(a) a sign may be maintained and repaired if the value of new materials used in the maintenance of a sign during one calendar year does not exceed 30 percent of the value of all the materials which would be required to replace the sign new;

(b) the sign may be replaced if damaged by vandalism, criminal acts, or tortious acts, at up to and including 100 percent of its replacement cost;

(c) the sign replacement may not result in an increase in the area used to display advertising copy nor an increase of height, width, or area over the current dimensions;

(d) the sign may not be illuminated, unless already illuminated before the repair or maintenance;

(e) the sign to be repaired or replaced may not replace wood poles with steel poles.

(8) All changes to nonconforming signs must meet the standards of lawful ordinance, regulation, or resolution of local government and must be approved by the landowner.

(9) Nonconforming signs shall not be maintained or repaired from across the right-of-way control access fences or boundaries.

(10) Nonconforming signs may be repaired only if such repair and maintenance is reasonably necessary to maintain the sign's appearance and structural integrity. In no case may the repair, maintenance, or re-erection of a sign result in a substantial upgrading of the type or value of the sign.

(11) Nonconforming signs which are destroyed, abandoned, or discontinued may not be re-erected except in instances of vandalism or other criminal or tortious acts. The work must be accomplished within 90 days or the permit may be revoked. An extension of time to accomplish the work may be granted at the sole discretion of the department upon written request from the sign owner stating the reason(s) for the request.

(12) Nonconforming signs shall not be relocated from their original permitted location.

(13) The department shall notify a sign owner of a violation of this rule.

(14) A nonconforming sign which has displayed obsolete or damaged advertising matter, or has not displayed advertising matter for a period of 90 days subsequent to receipt of written notice from the department, shall be considered as a discontinued sign and shall be removed by the owner without compensation.

(15) Nonconforming signs which are in need of substantial repair either to the face or support structure, and are not repaired within a period of 90 days after receipt of written notice from the department, shall be considered an abandoned sign and shall be required to be removed by the owner without compensation.

(1) Upgrade or relocation of a conforming sign which results in a change from that shown on the last approved permit application will require a new application for upgrade of the existing permit. Applicants will be charged a nonrefundable inspection fee. Failure to obtain upgrade or relocation approval prior to performing the upgrade or relocation may result in revocation of the permit. Changes requiring upgrade or relocation approval include changes in:

(a) location;

(b) height;

(c) width;

(d) area on which copy appears;

(e) number or position of the facings;

(f) types of materials used (e.g., wood to steel); or

(g) additions to the sign structure (e.g., adding lights).

(2) Any application for relocation or upgrade must meet the standard of lawful ordinance, regulation, or resolution of county or local government and the upgrade or relocation must be approved by the county or local government before consideration by the department.

(3) The sign owner must obtain written permission from the landowner or submit proof of a permanent property right (e.g., an easement) for the sign site. The proposed relocation site must meet all zoning requirements or qualify as an unzoned commercial or industrial area. 

(4) No outdoor advertising structure may be maintained from across right-of-way control access fences or boundaries.

(5) Approved upgrade or relocation work must be completed within 90 days of department approval. The sign owner must provide the department with written and photo verification of the upgrade or relocation work performed.

This rule has been repealed.

(1) When the department determines a permitted sign is an abandoned sign, the department shall notify the sign owner of the violation and require remedial action within 60 days. If such action is not taken, the permit will be revoked and action for the removal of the sign will be taken as provided in 75-15-131, MCA. An extension of time to accomplish the work may be granted at the sole discretion of the department upon written request from the sign owner stating the reason(s) for the request.

(2) A sign is in disrepair if the structure is unsafe or if the sign face is not visible to the traveling public. 

(1) A permit for any sign which is erected or maintained in violation of the access control fence or line or in violation of any other restrictive easement or property right belonging to the state of Montana or any other subdivision thereof may be revoked by the department.

(1) The department may determine outdoor advertising is unlawful or illegal under 75-15-112, MCA, when a sign or sign structure is unsafe or a danger to the public, or has been constructed or is being maintained in violation of the provisions of the Outdoor Advertising Act or this chapter.

(2) If the department determines a permitted or nonpermitted sign is in violation of statute or rule, it shall give written notice to the owner or occupant of the land on which the sign is located, and to the owner of the sign, if known. If the sign owner is not known, or has failed to respond to department notices, the department may post notice of the statute or rule violation determination in a conspicuous place on the structure.

(3) The notice shall state the following:

(a) the location and description of the sign, sufficient for identification of the sign;

(b) a statement the department has found the sign to be in violation of statutes or rules on outdoor advertising, along with a general description of the conditions which cause the sign to be in violation;

(c) a determination by the department whether corrective action is possible and required to be taken;

(d) a requirement the corrective action shall be completed within 45 days from the date the notice was posted or received;

(e) notice the sign owner may request a hearing within 45 days to dispute the department's determination of statute or rule violation;

(f) notice the department will issue a default, revoke the permit (on permitted signs), and promptly remove the unlawful sign after 45 days if the corrective action is not completed (if appropriate), or a hearing requested.

(4) The department shall undertake permit revocation action under the Montana Administrative Procedure Act for permitted signs on which unlawful conditions cannot be remedied by corrective action, and shall issue a notice in compliance with (3).

(5) If the condition of a nonpermitted sign cannot be remedied so as to come into compliance with the Outdoor Advertising Act and this chapter, the department shall issue a notice in compliance with (3), and promptly remove the unlawful sign after 45 days if a hearing is not requested.

(6) When the department removes a sign, the sign owner, landowner or other person responsible for erecting the sign shall pay the cost of removal to the department. The department will store the sign for 30 days immediately following removal, during which time the sign may be claimed upon payment of the cost of removal and any costs associated with the removal and storage of the sign and collection of the cost of removal. 

(7) A sign that is not claimed within 30 days after removal shall be deemed the property of the department, and may be disposed of by the department. Any money received from the disposal will be credited first towards the costs of removal and storage of the sign. Money in excess of such costs will be deposited with the state treasurer for credit to the state highway fund to offset the cost of issuing permits for signs. If the income generated from disposal of the sign does not meet or exceed the costs of removal and storage of the sign and the cost of collecting the cost of removal, the owner of the sign, landowner or other person responsible for erecting the sign shall pay the remaining costs. 

This rule has been repealed.

This rule has been repealed.

(2) "Circuitry" means electronic equipment which activates a signal.

(3) "Damage maintenance cost" means the cost of any crossing signal or activation equipment partially or wholly destroyed where replacement value cannot be obtained from persons responsible for such destruction.

(4) "Diagnostic review" means an on-site evaluation of a public highway railroad at-grade crossing to determine safety needs of a specific crossing.

(5) "Diagnostic review team" means a team consisting of an MDT representative, a railroad representative and a road authority representative and other experts as helpful or needed to evaluate a public highway railroad at-grade crossing to determine safety needs.

(6) "Free standing project" means a crossing surface installation on a state route independent of a highway construction project.

(7) "Improved crossing surface" means prefabricated material for placement at a public at-grade crossing to make the crossing surface smoother from end of tie to end of tie.

(8) "Montana department of transportation (MDT) " means the agency set forth in 2-15-2501 , MCA.

(9) "Overlay project" means an MDT construction project where the pavement is widened two feet or less on each shoulder.

(10) "Priority index" means a value established using a number of factors to evaluate a public highway railroad at-grade crossing for active traffic control devices.

(11) "Public highway railroad at-grade crossing" means a public roadway as defined in 60-1-103 , MCA, which crosses railroad tracks at the same elevation.

(12) "Railroad" means a railroad as defined in 69-14-101 and 61-1-317 , MCA, and used appropriately as per section.

(13) "Road authority" means the public entity having maintenance responsibility for a specified public roadway.

(14) "Traffic control device" means an official traffic control device as defined in 61-1-403 , MCA.

(a) proposed signals;

(b) upgrade of existing signals;

(c) proposed removal of signals;

(d) circuitry upgrade;

(e) road approach work;

(f) closure;

(g) other safety improvements deemed necessary by the diagnostic review team; and

(h) interconnection between railroad signals and traffic control signals.

(2) The road authority, railroad or MDT can request a diagnostic review be initiated to address specific or unusual needs at a public at-grade crossing.

(a) accident review;

(b) corridor study;

(c) area safety review; and

(d) recommendation to initiate a diagnostic review.

(a) These signal projects are funded by the MDT safety program. This program does not preclude the road authority or railroad paying for railroad signals to be installed at any public at-grade crossing.

(2) Non-signalized public at-grade railroad crossings will be considered for signalization based on the following criteria:

(a) available funding;

(b) the priority index; and

(c) a recommendation of the diagnostic review team based upon an on-site review.

(3) The diagnostic review team can recommend installation of signals at a non-signalized at-grade railroad crossing independent of the priority index if, in the opinion of the diagnostic review team, safety considerations are such that the public at-grade crossing should be signalized.

(4) The diagnostic review team will determine the scope of signal work which may include the following:

(a) installation of flashing light signals, flashing light signals with gates, or cantilever signals;

(b) maintaining the existing level of protection;

(c) removing an existing signal; or

(d) other safety improvements deemed necessary by the diagnostic review team.

(a) constructing the approaches to road authority standards;

(b) improving the horizontal and vertical alignment;

(c) increasing sight distance; or

(d) other safety improvements deemed necessary by the diagnostic review team.

(a) age of the signal circuitry and other signal equipment and availability of parts;

(b) condition of the system; and

(c) proposed scope of work.

(2) MDT will compile a list of circuitry upgrade projects for all railroads using the following criteria:

(a) available federal funding; and

(b) the recommendation of the railroad companies.

(3) A diagnostic review will be made of each public railroad at-grade crossing considered for circuitry upgrade to determine a scope of work which may include:

(a) improving the road geometric design;

(b) upgrading the existing signal circuitry or other equipment;

(c) installing new signals, gate arms, or cantilevers;

(d) improving sight distance;

(e) removing the signals; and

(f) recommending other safety improvements deemed necessary by a diagnostic review team.

(a) recommending removal of a signal from a public atgrade crossing, and the level of traffic control required if a signal is removed;

(b) retaining a signal due to unusual circumstances; and

(c) recommending other safety improvements deemed necessary by the diagnostic review team.

(a) crossings to be closed;

(b) crossings to be opened to facilitate the closure of other crossings;

(c) road authority and railroad work necessary to accomplish closure;

(d) cost sharing responsibility; and

(e) recommending other safety considerations as deemed necessary by the diagnostic review team.

(2) The Montana transportation commission shall fix a reasonable time for a hearing pursuant to (1) above and give public notice thereof to the county commission, parties requesting notice of the hearing, and the public by publishing notice in a newspaper of general circulation in the community for three consecutive weeks at least 30 and not more than 120 days prior to such hearing.

(3) The hearing may be conducted by a hearings examiner appointed by the Montana transportation commission.

(4) The hearings examiner, if one is appointed, shall make a written recommendation within 30 days to the Montana transportation commission. If no hearings examiner is appointed, the matter shall be heard by the Montana transportation commission. The decision of the Montana transportation commission shall be final.

(1) The road authority will publish a notice of proposed closure of any public at-grade crossing or of proposed removal of a railroad signal for any public highway railroad at-grade crossing in a newspaper of general circulation in the county in which the closure or signal removal is to be made. The notice of proposed closure or signal removal is to be given not less than 30 days or more than 120 days prior to the proposed closure or signal removal. Publication shall occur on three consecutive weeks.

(2) If requested in writing, by an interested party, railroad, or a government entity, the road authority shall hold a public hearing to determine whether the crossing shall be closed or the signal removed.

(2) Except in cases in which there is an encroachment onto the roadway by a railroad track, the road authority is responsible for installation and maintenance of the roadway, signs, except for crossbucks, and pavement markings in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) , 1988 edition, and any amendments thereto which are in effect as of the date this rule is adopted, published by the U.S. department of transportation, federal highway administration, which is hereby incorporated by reference. A copy of the current MUTCD can be obtained from the Supervisor of the Utilities Section, Montana Department of Transportation, 2701 Prospect Avenue, Helena, MT 59620-1001. The road authority is responsible for the roadway between multiple tracks. In cases in which there is an encroachment onto the roadway by a railroad track, all construction and maintenance costs associated with the encroachment will be paid by the owner of the encroaching railroad track, including grade crossing signals if deemed necessary.

(3) The road authority will pay for the repair or replacement cost (damage maintenance cost) of the signal and activation equipment in the event of damage and the responsible party for the damage cannot be identified or will not pay.

(4) The railroad is responsible for maintaining the signals and crossbuck signs and the crossing surface from end of the railroad tie to the other end of the railroad tie.

(1) The railroad company will place and register a U.S. department of transportation number at each public highway railroad at-grade crossing, and notify the MDT. Federal railroad authority rules will be followed for numbering or reassignment of numbers.

(2) All costs associated with the installation will be charged against the project.

(2) Construction and cost sharing responsibilities will be allocated as follows:

(a) MDT, using road authority funds, shall pay for the improved crossing surface material;

(b) the railroad, at its expense, will prepare the track roadbed, drainage, and install the crossing surface material;

(c) the roadway through the crossing will be closed to traffic during the installation;

(d) the road authority will install and maintain detours and traffic control;

(e) if a detour requires major construction, the detour construction and necessary traffic control can be charged against the project.

This rule has been repealed.

(1) "Business sign" or "logo sign panel" means a separately attached sign mounted on a motorist information sign panel to show the brand, symbol, trademark, or name, or combination of these, for a motorist service available on a crossroad at or near an interchange or intersection as per 60-5-502, MCA.

(2) "Combination sign" means a specific information (LOGO) sign displaying the availability of two or more types of services.

(3) "Conventional road" means a street or highway which has a traffic flow of more than 400 annual average daily traffic count. The term does not include a low volume road (less than 400 annual average daily traffic count) or a residential street.

(4) "Crossroad" means a marked route or other public road intersecting a freeway or divided highway for which access is provided at an interchange or intersection, as per 60-5-502, MCA.

(5) "Directional sign" is any structure that is visible and readable with normal visual acuity from the primary highway and provides a motorist with sufficient information to find the location of a business without the need for additional information or directions.

(6) "Department" means the Montana Department of Transportation provided for in 2-15-2501, MCA, as per 60-5-502, MCA.

(7) "Franchisee" means a person awarded a franchise as provided in 60-5-505, MCA, as per 60-5-502, MCA.

(8) "General service sign" means a sign which identifies a motorist service at a given location but does not identify a specific business by name or trade name.

(9) "Gore" means the area immediately beyond the divergence of two traveled ways, bounded by the edges of those traveled ways.

(10) "Intersection" means any private or public roadway which requires a right or left turn off the primary highway to access the roadway.

(11) "Interstate highway" or "federal-aid interstate highway" is defined in 60-1-103, MCA, and also means a highway on the federal-aid or national highway system.

(12) "Interstate spur" means a short segment of interstate highway which connects another interstate highway to a state highway, county road, or city street and which is officially designated with an "I" followed by three numbers.

(13) "Lease agreement" means the written contract between the franchisee and the owner.

(14) "Motorist information sign" or "mainline" means a rectangular sign panel located in the same manner as other official traffic signs, readable from the main traveled way, and that is a:

(a) specific information sign; or

(b) tourist-oriented directional sign, as per 60-5-502, MCA.

(15) "Motorist service" means gas, food, lodging, camping, recreation, and other tourist services, as per 60-5-502, MCA.

(16) "Owner" means a person who owns or operates a qualified business and who has authority to enter into and be bound by agreements relevant to matters included in this subchapter.

(17) "Primary highway" or "federal-aid primary system" is defined in 60-1-103, MCA, and also means a highway on the federal-aid primary or national highway system.

(18) "Qualified business" means a business which meets the criteria established by Title 60, chapter 5, part 5, MCA, and this subchapter.

(19) "Rural area" means an area outside of an urban area; except that if the land within the urban area is sparsely populated or is primarily devoted to agricultural use, or if the roadside development does not appear to be urban in character, then the land may also be considered rural. The decision of whether specific areas are rural areas under this definition shall be made by the department, whose decision shall be final.

(20) "Specific information sign" or "LOGO sign" means a motorist information sign that is located on the interstate highway system and that contains:

(a) the words "GAS," "FOOD," "LODGING" or "CAMPING";

(b) directional information; and

(c) one or more individual business signs, as per 60-5-502, MCA.

(21) "Specific service ramp sign" or "ramp sign" means a sign installed along the ramp or at the ramp terminal of single-exit interchanges for facilities that have logo sign panels displayed along the main roadway, but the facilities are not readily visible from the ramp terminal.

(22) "Specific service trailblazer sign" or "trailblazer" means a guide sign with one to four logo sign panels that display business identification and directional information for services, which are installed along crossroads for facilities that have logo sign panels along the main roadway and ramp, but require additional vehicle maneuvers.

(23) "Tourist-oriented directional sign" or "TODS" means a motorist information sign located on the primary highway system or conventional roads to provide:

(a) business identification; and

(b) directional information for businesses, services, and activities of interest to tourists, as per 60-5-502, MCA.

(24) "Trade name" means any brand name, trademark, distinctive symbol or other similar device or thing used to identify a particular motorist service.

(25) "Traveled way" means the traffic lanes of the interstate or primary highway, including all exit and entrance ramps and acceleration and deceleration lanes.

(26) "Urban area" means the developed area inside and outside the corporate limits of a municipality with a population of 15,000 or more as shown in the most recent official census.

(1) All specific information (LOGO) signs must meet the specifications contained in the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2009), Sections 2.J. and 2.K., which are incorporated by reference, and a copy of which is available at //mutcd.fhwa.dot.gov.

(2) To be eligible for placement of a business sign on a specific information (LOGO) sign panel, a business must provide one or more of the following services: gas, food, lodging, or camping. Priority shall be given to businesses within the applicable three mile increment which are in continuous operation for 12 months per year.

(3) A business must meet the following requirements:

(a) To qualify for a GAS logo sign panel, a business must have:

(i) vehicle services including gas or alternative fuel, oil, water, and air;

(ii) restroom facilities and drinking water;

(iii) a telephone available for public use; and

(iv) continuous operation at least 12 hours per day, seven days per week;

(b) To qualify for a FOOD logo sign panel, a business must have:

(i) licensing or approval as required by the state agency or political entity having jurisdiction;

(ii) continuous operation to serve at least two meals per day, at least six days per week;

(iii) restroom facilities; and

(iv) a telephone available for public use.

(c) To qualify for a LODGING logo sign panel, a business must have:

(i) licensing or approval as required by the state agency or political entity having jurisdiction;

(ii) a telephone available for public use;

(iii) adequate sleeping accommodations; and

(iv) restroom facilities.

(d) To qualify for a CAMPING logo sign panel, a business must have:

(i) licensing or approval by the state agency or the political entity having jurisdiction;

(ii) modern sanitary facilities and drinking water; and

(iii) adequate camping and parking spaces.

(4) If available space for any of the service categories are not fully utilized by businesses strictly meeting the corresponding criteria, the department may at its discretion, allow other businesses in the same service category meeting the majority of the criteria to utilize the otherwise unused spaces. Such businesses' right to utilize spaces shall be reevaluated on an annual basis. Should the demand by businesses fully meeting the criteria increase, the "all service" businesses shall be given priority when considering annual renewal of contracts.

(1) Specific information (LOGO) signs may be erected only for qualified businesses located within three miles of an interchange as measured from the gore of the exit ramp along public highways to the nearest point of intersection of the driveway of the qualified business and public highway, except as provided below.

(2) If, within the three mile limit, facilities for the services being considered are not available or choose not to participate in the program, the limit of eligibility may be extended in three mile increments until one or more facilities for the services chooses to participate, or until 15 miles is reached, whichever comes first. If considered, all qualified businesses within the service category and within the successive increment may be included, but not to exceed the maximum capacity of the specific service sign.

(3) A qualified business located more than three miles from an interchange may not qualify for signing if a motorist could obtain similar services adjacent to the next interchange by traveling fewer miles.

(1) Specific information (LOGO) signs or mainline signs may be erected and maintained within the right-of-way of the interstate highway system.

(2) Specific information (LOGO) signs shall be installed between the preceding interchange and at least 800 feet in advance of the exit direction sign at the interchange from which the services are available.

(3) The exact location of specific information (LOGO) signs and specific service ramp signs shall be determined by the franchisee, subject to approval by the department; however, the signs shall be located so as to avoid conflict with other signs within the highway right-of-way. Lateral clearance and height shall be as specified in the MUTCD.

(4) Spacing between each specific information sign shall be not less than 800 feet, or more than 1,000 feet unless there are other intervening signs or other significant site considerations.

(5) Specific information signs shall be located at least 800 feet from existing highway guide signs.

(6) Specific information signs may not be erected at an interchange where an exit ramp is provided but no convenient reentry ramp exists in the same direction of travel.

(7) Specific information signs may not be erected on interchanges where interchange ramps connect directly to another interstate highway, except where the interstate highway connects to an interstate spur.

(8) Specific information signs shall be erected with a lateral offset equal to or greater than existing guide signs, and they should be at least 30 feet from the edge of the traveled way, where possible.

(9) Specific information (LOGO) signs shall be located to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with other signs within the highway right-of-way.

(1) Specific information (LOGO) signs shall comply with the standards for number of signs along an approach to an interchange or intersection provided in the MUTCD and the specifications in the contract between the department and the franchisee.

(2) The number of specific information (LOGO) signs along an approach to an interchange or intersection, regardless of the number of service types displayed, shall be limited to a maximum of four.

(3) No more than three types of services shall be represented on any sign or sign assembly. If three types of services are displayed on one sign, then the logo sign panels shall be limited to two for each service type (for a total of six logo sign panels). If two types of services are displayed on one sign, then the logo sign panels shall be limited to either three for each service type (for a total of six logo sign panels), or four for one service type and two for the other service type (for a total of six logo sign panels).

(4) Specific information signs shall be erected in the following order in the direction of traffic toward the exit: CAMPING, LODGING, FOOD, and GAS.

(5) Where there is insufficient space for all four specific service signs, or where there are business signs of two or more services competing for the unused space of another service, the following priority shall govern: GAS, FOOD, LODGING, and CAMPING. Where there is greater demand for signs in one service category than there is in a higher priority category, the franchisee may request approval from the department to set a different priority at that interchange.

(1) Specific service ramp signs may be installed at single-exit interchanges along the ramp or at the ramp terminal for facilities that have logo sign panels displayed along the main roadway if the facilities are not readily visible from the ramp terminal. Directions to the service facilities shall be indicated by arrows on the ramp signs. Logo sign panels on the ramp signs shall be duplicates of those displayed in the specific service signs located in advance of the interchange, but shall be reduced in size to meet standards in the MUTCD.

(2) Where the qualified business is located more than one mile from the interchange, mileage may also be given on the specific service ramp sign.

(3) The franchisee shall determine if a qualified business is visible from the traveled way, subject to review by the department.

(4) The exact location of the specific service ramp signs shall be determined by the franchisee, subject to review by the department.

(5) A minimum of 100 feet is required between successive specific service ramp signs.

(1) Specific service trailblazer signs may be installed along crossroads where the route to the business requires a direction change, where it is questionable as to which roadway to follow, or where additional guidance is needed. Where it is not feasible or practical to install specific service trailblazer signs to a business, the business shall not be considered eligible for signing from the ramp and main roadway. A specific service trailblazer sign shall not be installed at the point where the business is visible from the roadway and its access is readily apparent.

(2) The location of other traffic control devices shall take precedence over the location of a specific service trailblazer sign. If conflicts with existing signs arise, the exact location of trailblazer signs shall be determined by the department.

(3) Each specific service trailblazer sign or sign assembly shall be limited to no more than four logo sign panels. The logo sign panels shall be duplicates of those displayed on the specific service ramp signs. Specific service trailblazer signs shall be erected in the same order as specific information (LOGO) signs.

(4) Specific service trailblazer signs shall indicate the direction to the qualified business and shall indicate mileage where the business is located more than one mile from the sign. Appropriate legends, such as directional arrows or a word message (e.g., "next right" or "second right") shall be displayed with the logo sign panel to provide proper guidance.

(5) All necessary specific service trailblazer signs must be erected before a business sign may be installed.

(6) The department may review the franchisee's determination of number and location of specific service trailblazer signs.

(1) A business sign, or logo sign panel shall be an identification symbol, identification trademark, or a word message. Each business sign shall be placed on a separate logo sign panel that shall be attached to the specific service sign. Only a business name or trade name shall be used on business signs. If a nationally, regionally, or locally recognized trade name is available, it shall be used in preference to any other form of business identification.

(2) Any message which advertises rather than identifies a business is prohibited.

(3) Messages or trade names which interfere with, imitate, or resemble any official warning or regulatory signs, signals, or traffic control devices, or attempt or appear to attempt to direct the movement of traffic are prohibited.

(4) Symbols or trademarks used alone for a logo shall be reproduced in the colors and general shape consistent with customary use, and any integral legend shall be in proportionate size. A word message logo, not using a symbol or trademark, shall conform to color and letter height standards in the MUTCD.

(5) Business signs (logo sign panels) shall initially be placed on a specific information sign, having two rows of such signs in order of increasing distance as follows: Closest, upper left; second, lower left; third, upper center; fourth, lower center; fifth, upper right; sixth, lower right. On specific information (LOGO) signs with a single row of business signs, individual business signs shall be placed in order of increasing distance from left to right. Relative distance of each qualified business to the interchange shall be determined at the time of lease application. Later additions may be made without rearranging the remaining business signs.

(6) The order of arrangement for business signs on specific service ramp signs and specific service trailblazer signs will be determined by the direction of the arrow. Businesses located on the left shall be designated at the top of the sign.

(1) A portion of a logo sign panel may be used to display a supplemental message horizontally along the bottom of the logo sign panel, providing that the message displays essential motorist information, in conformance with all supplemental message standards contained in the MUTCD.

(2) All supplemental messages shall be displayed within the logo sign panel and conform to all MUTCD standards. A logo sign panel shall not display more than one supplemental message.

(3) Supplemental messages may include, but are not limited to, messages such as "diesel," "24 hours," "closed" and the day of the week when the facility is closed, "alternative fuels," and "RV access" after meeting any additional requirements of this rule for the appropriate type of supplemental message.

(4) An "auto repair" supplemental message may be displayed if qualified personnel are available to perform minor auto repair and tire repair at least eight hours per day, five days per week.

(5) A "24 hour" supplemental message may be displayed if the fuel pumps are operable with major credit cards or personnel 24 hours each day, seven days per week.

(6) An "alternative fuel" supplemental message, including "diesel," "propane," "LP-Gas," or a MUTCD standard symbol for these messages may be displayed when those services are offered at a business facility.

(7) A "recreational vehicle (RV) access" supplemental message may be displayed horizontally or as a circular symbol, in conformance with all standards in the MUTCD, if the business meets all of the appropriate following requirements for the type of business facility:

(a) all facilities' roadway access and egress must be hard surface, free of potholes, and must be at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility;

(b) all facilities' roadway access, egress and parking facilities must be free of any overhead obstructions (e.g., wires, branches, signs, canopies) up to 14 feet above the surface;

(c) all facilities must post directional signs on the site, as needed, to guide RVs to RV-friendly parking spaces and other on-site RV-friendly services, including additional guidance upon leaving a public highway and entering the facility's property;

(d) a facility requiring short-term parking, such as a restaurant, is required to have two or more spaces that are 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces;

(e) a fueling facility with canopies is required to have a 14 foot clearance and those selling diesel fuel are required to have pumps with noncommercial nozzles;

(f) a fueling facility must allow for pull-through with a swing radius of 50 feet; and

(g) a campground facility must have two or more spaces that are 18 feet wide and 45 feet long.

(1) All tourist-oriented directional signs (TODS) must meet the specifications contained in the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2009), Sections 2.J. and 2. K., which are incorporated by reference, and a copy of which is available at //mutcd.fhwa.dot.gov.

(2) Tourist-oriented directional signs (TODS) may be erected and maintained within the right-of-way of the primary highway system or on conventional roads.

(3) A facility shall be eligible for tourist-oriented directional signs (TODS) only if it derives its major portion of income or visitors during the normal business season from road users not residing in the area of the facility. Tourist-oriented directional signs (TODS) may include businesses involved with seasonal agricultural products.

(4) A tourist-oriented directional sign (TODS) may not be erected if the place of business is readily visible from the main traveled roadway, unless the business meets the criteria for a TODS sign, but does not qualify for a permitted off-premise sign under the Montana Outdoor Advertising Act statutes and rules, as determined by the department.

(5) Where both tourist-oriented directional signs (TODS) and specific information (LOGO) signs would be needed at the same intersection, the tourist-oriented directional sign (TODS) shall incorporate the needed information from, and be used in place of, the specific information (LOGO) sign.

(6) An activity which is located more than 5 and less than 15 miles from a primary highway may request a waiver from the department for a tourist-oriented directional sign (TODS) panel. The waiver shall be given when the activity provides a service different from services located within five miles of the intersection and where the activity is not located within five miles of another primary highway or interstate where specific service or tourist-oriented signing is available.

(1) Advance signs should be limited to those situations where sight distance, intersection vehicle maneuvers, or other vehicle operating characteristics require advance notification of the destinations and their directions.

(2) The design of the advance sign should be identical to the design of the intersection approach sign, but directional arrows and distances to the destinations should be omitted, and an action message (e.g., "next right" or "ahead") should be placed on the sign above the business identification sign panel. The legend "right ½ mile" or "left ½ mile" may be used on advance signs when there are intervening minor roads.

(3) No tourist-oriented directional sign (TODS) may be erected until all necessary advance signs are in place.

(1) The content of the legend on each sign panel shall be limited to the identification and directional information for no more than one eligible business, service, or activity facility. The legends shall not include promotional advertising.

(2) Each sign panel shall have a maximum of two lines of legend including no more than one symbol, a separate directional arrow, and the distance to the facility displayed beneath the arrow. Arrows pointing to the left or up should be at the extreme left of the sign panel. Arrows pointing to the right should be at the extreme right of the sign panel. Symbols, when used, should be to the left of the word legend or logo sign panel.

(3) General service sign symbols and the symbols for recreational and cultural interest area signs which meet all MUTCD standards, may be used. Logo sign panels for specific businesses, services and activities may also be used. Upon an applicant's request through the franchisee, the department shall determine whether hours of operation may be displayed on the sign panels.

(4) The tourist-oriented directional sign (TODS) may display the word message "tourist activities" at the top of the sign.

(5) Logos resembling official traffic control devices are prohibited.

(6) Tourist-oriented directional signs (TODS) shall meet all MUTCD standards for color and height of letters.

(1) Tourist-oriented intersection approach signs shall be located at least 200 feet in advance of the intersection. Signs should be spaced at least 200 feet apart and a least 200 feet from other traffic control devices.

(2) If used, advance signs shall be located approximately ½ mile from the intersection with 500 feet between the signs. In the direction of travel, the order of advance sign placement should be to show the destinations to the left first, then destinations to the right, and last, the destinations straight ahead.

(3) Tourist-oriented directional signs (TODS) may be placed farther from the edge of the road than other traffic control devices.

(4) The location of other traffic control devices shall take precedence over the location of tourist-oriented directional signs (TODS).

(5) The maximum number of tourist-oriented directional panels shall be 12 in each direction of travel at each intersection, and the maximum number of advance tourist-oriented directional panels shall be 9 in each direction of travel at each intersection.

(6) Where the number of activities to be signed is four or less at any one intersection, the tourist-oriented directional panels for right and left may be combined on one tourist-oriented directional sign. On a combination sign, the tourist-oriented directional panels will be arranged with the left arrows at the top and the right arrows below.

(7) Lateral clearance for tourist-oriented directional signs shall be equal to or greater than the other guide signs at the intersection. If adequate lateral clearance cannot be maintained due to terrain or other obstruction, tourist-oriented directional signs may not be installed.

(8) Where the right-of-way includes a sidewalk, tourist-oriented directional signs shall be erected beyond the outside edge of the sidewalk and are prohibited where there is insufficient right-of-way to erect the signs, except where prior approval from the department is obtained.

(1) An application for space on specific information (LOGO) signs or tourist-oriented directional signs (TODS) shall be submitted to the franchisee.

(2) An application shall only be made by the owner of a qualified business or the owner's designee.

(3) If the number of requests to place business signs on information sign panels, or number of requests to place tourist-oriented directional sign (TODS) panels exceed the available space, the franchisee shall use the following criteria to determine the allocation of spaces:

(a) In all instances, those businesses nearest to the interchange shall be given priority. Distances shall be measured from the gore of the exit along public highways to the nearest driveway of the business.

(b) The applicants must meet the minimum criteria of these rules.

(c) Where two qualified businesses are the same distance from the interchange and there is only space for one, the earliest application shall be given priority.

(1) The owner shall sign a lease agreement with the franchisee on a form approved by the department. The lease agreement shall contain the written assurance required from the owner that the owner is in conformity with all applicable laws concerning the provision of public accommodations without regard to race, color, sex, culture, social origin or condition, or political or religious ideas.

(2) The franchisee shall review the owner's qualifications for compliance with the applicable criteria and shall only approve the lease agreement if the criteria are met.

(3) Upon approval of the lease agreement, the franchisee shall transmit a copy of the signed lease agreement to the owner.

(4) Lease agreements between the franchisee and businesses participating in the motorist information sign program must be for a minimum of one year.

(5) The franchisee shall install the business sign panel within 30 calendar days of the payment of the fees if the specific information (LOGO) sign assembly has already been installed or within 120 calendar days of the payment of fees if the specific information (LOGO) sign assembly has yet to be installed. The franchisee shall install the tourist-oriented directional sign (TODS) within 120 days of the payment of fees.

(6) The owner may request a change to the business sign or tourist-oriented directional sign (TODS) copy during the term of the lease agreement if the copy conforms to the statutes and rules. The cost of changes in the copy may be charged to the owner. All installation of changed copy shall be conducted by the franchisee. The owner may also be charged an additional fee for each sign removed and remounted by the franchisee at the request of the owner.

(7) Before a lease agreement may be renewed, the franchisee must determine whether or not there are any qualified businesses closer to the interchange or intersection which wish to participate in the program. The lease agreement may not be renewed unless there are no other applicants and there is space on the specific information sign or tourist-oriented directional sign.

(1) The franchisee shall repair or replace within a reasonable period of time after notification of damage, any sign panels that are destroyed or damaged.

(2) The franchisee shall wash all signs at any time the reflectorized facing becomes dull.

(3) The franchisee shall conduct an inspection periodically on the breakaway mechanism for any dirt or other obstruction that may interfere with the breakaway mechanism. All bolts shall be loosened and retorqued to proper specification as required.

(4) All sign structures are the property of the state and only the franchisee or state-authorized personnel may enter the right-of-way to erect, maintain, repair, change copy, or access the sign structure in any manner for any reason.

(5) The department, at its cost, shall remove a motorist information sign if the location of the sign is required for highway purposes or activities including construction, reconstruction or maintenance. The department may re-erect any motorist information sign removed for highway purposes, at an approved substitute location, if possible, but has no obligation to relocate a sign or compensate for its removal.

(6) The department must notify the franchisee 30 days prior to any highway maintenance, construction, or reconstruction project being let, or highway purposes of any kind which will require removal of any motorist information signs. After completion of the maintenance or construction operations, and relocation of the signs by the department, where possible, the department will notify the franchisee that the franchisee shall resume responsibility for maintenance of the sign.

(7) The department shall remove a motorist information sign if the department determines the placement or condition of the motorist information sign endangers the health, safety, or welfare of the public, or in the event the motorist information sign has become inconsistent or in violation of statute or administrative rule. The department has no obligation to compensate for a motorist information sign removal.

(1) The franchisee must notify the owner by certified mail a minimum of 30 days in advance of the removal of the owner's business sign or tourist-oriented directional sign (TODS) for any cause.

(2) Business signs or tourist-oriented directional signs (TODS) may be removed for any of the following:

(a) Failure to pay fees.

(b) Violation of statute or administrative rule, including nondiscrimination statutes.

(c) Failure to meet the minimum criteria to qualify for the specific information (LOGO) sign program or the tourist-oriented directional sign (TODS) program.

(3) The department shall solely make the determination whether statutes or rules have been violated by the owner, after investigation.

(4) If a business is closed due to fire, accident, remodeling, or other emergencies for more than 7, but not more than 90 days, the franchisee shall have the business sign or the tourist-oriented directional sign (TODS) covered to prevent inconvenience to the traveling public. The business shall not lose its priority or be required to reapply prior to the normal expiration of its contract. Extensions of time beyond 90 days may be granted by the franchisee, for good cause, including but not limited to insurance claims or financial arrangements which require additional time. An owner who fails to open within the 90-day period due to the owner's negligence may lose the right to occupy the specific information (LOGO) sign panel or tourist-oriented directional sign (TODS) panel.

(5) A business that owns any outdoor advertising structure in violation of the Montana Outdoor Advertising Act, Title 75, chapter 15, part 1, MCA, may not be eligible for business identification on a tourist-oriented directional sign (TODS) for one year after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 45 days of receiving notice under 75-15-131, MCA.

(6) Within five working days of closure of a seasonal business, the franchisee shall cover or remove the signs or shall prominently display the word "closed" across the business sign. Where all of the businesses on a specific information (LOGO) sign are closed, the entire sign shall be removed.

(1) The department will not install a new general service sign along interstate or primary highways for businesses which qualify for a specific information (LOGO) sign or a tourist-oriented directional sign (TODS).

(2) The department will remove any existing general service signs at any interchange when a specific information (LOGO) sign panel is installed for a business identified by a general service sign.

(3) The department will remove an existing general service sign on any primary highway when a tourist-oriented directional sign (TODS) is erected for a business identified by a general service sign.

(4) No new general service signs will be erected along interstate highways for businesses which qualify for specific information (LOGO) signs or along primary highways for businesses which qualify for tourist-oriented directional signs (TODS).

(1) The fee for placing business signs on specific information (LOGO) sign panels or tourist-oriented directional sign panels (TODS) may include the prorated cost for fabrication, erection, maintenance, or servicing of signs; removal or covering business signs; other costs associated with the program, including the department's cost in administering the program, and reasonable profit for the franchisee operating the program. The fee may include the specific service ramp sign, specific service trailblazer signs, and tourist-oriented advance signs (TODS) if needed. The fee for each space on specific information (LOGO) sign panels and tourist-oriented directional sign (TODS) panels shall be the same for all businesses.

(2) The department shall review the fees charged by the franchisee and any subsequent proposed increases and approve the fees if appropriate.

(1) The department may review all proposed sign locations to determine:

(a) franchisee compliance with statutes and rules;

(b) owner compliance with the motorist information sign program statutes and rules;

(c) owner compliance with nondiscrimination statutes; and

(d) whether a conflict exists with existing signs or future sign installations.

(2) Complaints about the motorist information sign program or the actions of the franchisee may be submitted in writing to the department. Complaints shall be investigated by the department which will provide a written response to the complainant. A copy of the complaint and response shall be provided to the franchisee.