(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.