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

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

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

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

(5) Noncommercial signs shall not:

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

(b) exceed ten feet in length;

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

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

(e) be located within 500 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadway with approaching or merging traffic in rural areas, or within 140 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadway with approaching or merging traffic in cities or towns;

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

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

(i) public parks;

(ii) public forests;

(iii) public playgrounds; or

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

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

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

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

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