(1) Signs or displays advertising cultural exhibits of nonprofit historical or arts organizations may be erected and maintained within 660 feet of the nearest edge of the right-of-way of interstate and primary highways, provided the signs conform to the following standards:

(a) The following signs are prohibited:

(i) Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.

(ii) Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

(iii) Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(iv) Obsolete signs.

(v) Signs which are structurally unsafe or in disrepair.

(vi) Signs which move or have any animated or moving parts.

(vii) Signs located in rest areas, parklands or scenic areas.

(b) No sign shall exceed the following size limits:

(i) Maximum area - 150 square feet.

(ii) Maximum height - 20 feet.

(iii) Maximum length - 20 feet.

(iv) All dimensions include border and trim, but exclude supports.

(c) Signs may be illuminated, subject to the following:

(i) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

(ii) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation or a motor vehicle are prohibited.

(iii) No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

(d) The following spacing requirements must be met:

(i) Each location of a cultural sign must be approved by the Montana Department of Transportation.

(ii) No cultural sign may be located within 2,000 feet of an interchange, or intersection at grade along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way) .

(iii) No cultural sign may be located within 2,000 feet of a rest area, parkland, or scenic area.

(iv) No two cultural signs facing the same direction of travel shall be spaced less than one mile apart.

(v) Not more than three cultural signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity.

(vi) Signs located adjacent to the interstate system shall be within 75 air miles of the activity; and

(vii) Signs located adjacent to the primary system shall be within 50 air miles of the activity.

(e) The message on cultural 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. Descriptive words or phrases and pictorial or photographic representations of the activity or its environs are prohibited.

(f) Privately owned activities or attractions eligible for cultural signing are limited to nonprofit historical and arts organizations. To be eligible, privately owned attractions or activities must be nationally or regionally known and of outstanding interest to the traveling public.

(i) The Montana Department of Transportation will make a determination of eligibility for each attraction or activity. In making this determination, the department will, when it is deemed necessary, avail itself of the experience and knowledge of selected groups in the specific type of attraction or activity being considered. These groups shall include, but not be limited to, commissions, boards, other agencies and/or other state departments.

(ii) The department's determination of eligibility is subject to review by the State Transportation Commission upon written request of any interested person. Such request must be made within 30 days of the notification of the determination by the department to the privately owned activity or attraction. The commission shall provide the interested person or persons at least 30 days notice of the time and place where the determination of eligibility will be reviewed and shall permit oral or written comments to be submitted.

(g) A permit must be obtained for each sign accompanied by a nonrefundable application fee as set forth in ARM 18.6.211(1) . The renewal fee for cultural signs required by ARM 18.6.211(2) is waived.