State Codes and Statutes

Statutes > Illinois > Chapter225 > 1358

    (225 ILCS 440/1) (from Ch. 121, par. 501)
    Sec. 1.
    The General Assembly finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to Interstate highways and primary highways should be regulated in order to protect the public investment in such highways, to promote the recreational value of public travel, to preserve natural beauty and to promote the reasonable, orderly and effective display of such signs, displays and devices.
    The General Assembly further finds and declares that outdoor advertising is a legitimate, commercial use of private property adjacent to roads and highways; that outdoor advertising is an integral part of the business and marketing function, and an established segment of the national economy which serves to promote and protect private investments in commerce and industry and should be allowed to operate in business areas; and that the regulatory standards set forth in Section 6 of this Act are consistent with customary use in this State and will properly and adequately carry out each and all of the purposes of this Act, more severe restrictions being inconsistent with customary use and ineffective to accomplish the purposes of this Act.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/2) (from Ch. 121, par. 502)
    Sec. 2.
    This Act shall be known and may be cited as the "Highway Advertising Control Act of 1971".
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3) (from Ch. 121, par. 503)
    Sec. 3. As used in this Act, unless the context otherwise requires, the terms defined in Sections 3.01 through 3.16 have the meanings ascribed to them in those Sections.
(Source: P.A. 92‑651, eff. 7‑11‑02.)

    (225 ILCS 440/3.01) (from Ch. 121, par. 503.01)
    Sec. 3.01.
    "Department" means the Department of Transportation of the State of Illinois.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.02) (from Ch. 121, par. 503.02)
    Sec. 3.02.
    "Interstate highway" means any highway designated by the Department and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways on the effective date of this Act or thereafter. A highway constructed after the effective date of this Act shall become a part of the National System of Interstate and Defense Highways upon the date of approval of the Route Location Decision and the approval of the addition of the highway to the National System of Interstate and Defense Highways by the Governor and the United States Department of Transportation.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.03) (from Ch. 121, par. 503.03)
    Sec. 3.03. "Primary highway" means any highway, other than an Interstate highway, designated by the Department and approved by the United States Department of Transportation as a part of the Federal‑Aid Primary System in existence on June 1, 1991 or any highway other than an Interstate highway that is not on such system that is on the National Highway System.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/3.04) (from Ch. 121, par. 503.04)
    Sec. 3.04.
    "Expressway" means a primary highway constructed as a freeway which has complete control of access.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.05) (from Ch. 121, par. 503.05)
    Sec. 3.05.
    "Main‑traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main‑traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.06)(from Ch. 121, par. 503.06)
    Sec. 3.06. "Maintain" means to allow to exist and includes the periodic changing of advertising messages as well as the normal maintenance or repair of signs and sign structures.
(Source: P.A. 96‑919, eff. 6‑9‑10.)

    (225 ILCS 440/3.07) (from Ch. 121, par. 503.07)
    Sec. 3.07. "Sign" means any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is designated, intended, or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main‑traveled way of any portion of an Interstate or primary highway and which is within 660 feet of the nearest edge of the right‑of‑way of such highway.
    "Sign" also means any sign described in paragraph one of this Section which is more than 660 feet from the nearest edge of such highway, outside of an urban area, visible from any place on the main‑traveled way of any portion of such highway and erected with the purpose of its message being read from such main‑traveled way.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.08)(from Ch. 121, par. 503.08)
    Sec. 3.08. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure. For the purposes of this definition, the following shall not constitute normal maintenance or repair of a sign or sign structure: replacing more than 60% of the uprights, in whole or in part, of a wooden sign structure; replacing more than 30% of the length above ground of each broken, bent, or twisted support of a metal sign structure; raising the height above ground of a sign or sign structure; making a sign bigger; adding lighting; or similar activities that substantially change a sign or make a sign more valuable.
(Source: P.A. 96‑919, eff. 6‑9‑10.)

    (225 ILCS 440/3.09) (from Ch. 121, par. 503.09)
    Sec. 3.09.
    "Municipality" means a city, village, or incorporated town in the State of Illinois, but, unless the context otherwise provides, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town which has superseded a civil township, county, school district, park district, sanitary district or any other similar governmental district.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.10) (from Ch. 121, par. 503.10)
    Sec. 3.10. "Commercial or industrial activities" means those activities located within 660 feet of the nearest edge of the right‑of‑way generally recognized as commercial or industrial by zoning authorities in this State, but does not include the following:
    (a) Agricultural, forestry, ranging, grazing and farming activities, including wayside fresh produce stands and grain storage bins;
    (b) Railroad tracks and minor sidings;
    (c) Transient or temporary activities not involving permanent buildings or structures;
    (d) Outdoor advertising structures;
    (e) Activities not visible from a main‑traveled way;
    (f) Activities conducted in a building principally used as a residence.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.11) (from Ch. 121, par. 503.11)
    Sec. 3.11.
    "Unzoned commercial or industrial area" means any area adjacent to the right‑of‑way of a primary highway not zoned by any county or municipality and which lies within 600 feet of any commercial or industrial activity. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway. On primary highways other than expressways where there is an unzoned commercial or industrial area on one side of the road in accordance with the preceding, the unzoned commercial or industrial area shall also include those lands directly opposite on the other side of the highway to the extent of the same dimensions except where such lands are publicly owned or controlled for scenic or recreational purposes.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.12)(from Ch. 121, par. 503.12)
    Sec. 3.12. (a) "Business area" means any part of an area adjacent to and within 660 feet of the right‑of‑way which is at any time zoned for business, commercial or industrial activities under the authority of any law of this State; or not so zoned, but which constitutes an unzoned commercial or industrial area as defined in Section 3.11. However, as to signs along Interstate highways, the term "business area" includes only areas which are within incorporated limits of any city, village, or incorporated town, as such limits existed on September 21, 1959, and which are zoned for industrial or commercial use, or both, or to portions of Interstate highways which traverse other areas where the land use, as of September 21, l959, was established by State law as industrial or commercial, or both.
    With respect to signs owned or leased by the State or a political subdivision, an area zoned for business, commercial, or industrial activities that is adjacent to and within 660 feet of an Interstate highway and that is in Township 41 North, Range 10 East of the Third Principal Meridian, shall be deemed a "business area" for purposes of this Act. This zoning must have been a part of comprehensive zoning and not have been created primarily to permit outdoor advertising structures as described in 23 CFR 750.
    (b) The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to comply with the federal Highway Beautification Act of 1965, 23 U.S.C. 131, and the regulations promulgated thereunder by the Secretary of the United States Department of Transportation. To the extent that the Secretary of the United States Department of Transportation or any court finds the changes to this Section made by this amendatory Act to be inconsistent with or preempted by such law or regulations, the changes shall be repealed to the extent necessary to cure such inconsistency or preemption.
    (c) The provisions of this amendatory Act of the 95th General Assembly shall not be applicable if such application would impact the receipt, use, or reimbursement of federal funds by the Illinois Department of Transportation.
(Source: P.A. 95‑340, eff. 1‑1‑08.)

    (225 ILCS 440/3.13) (from Ch. 121, par. 503.13)
    Sec. 3.13.
    "Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.14) (from Ch. 121, par. 503.14)
    Sec. 3.14. For purposes of this Act, "urban area" means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area in each such state, or an urban place as designated by the Bureau of the Census of the United States having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of the United States Department of Transportation. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.15)
    Sec. 3.15. "National Highway System" is a designation provided to certain highways by the Department, which designation must be approved by the United States Department of Transportation and the United States Congress for the purpose of providing an interconnected system of principal arterial routes that serve major population centers, international border crossings, ports, airports, public transportation facilities, other major travel destinations, and interstate and interregional travel and meet national defense requirements.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/3.16)
    Sec. 3.16. "Scenic byway" means that portion of a highway that has been nominated by the Department to the United States Department of Transportation for designation as a national scenic byway or All‑American Road, and that has received national designation. "Scenic byway" does not include a section of primary or Interstate highway that traverses a business area at the time of nomination, except in accordance with Section 14.02(a)(5).
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/4) (from Ch. 121, par. 504)
    Sec. 4.
    Signs shall not be erected or maintained along primary or Interstate highways except those described in Sections 4.01 through 4.08.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.01) (from Ch. 121, par. 504.01)
    Sec. 4.01.
    Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with regulations which shall be promulgated by the Department relative to their lighting, size, number, spacing and such other requirements as may be appropriate to implement this Act, but such regulations shall not be inconsistent with, nor more restrictive than, such national standards as may be promulgated from time to time by the Secretary of the Department of Transportation of the United States, under subsection (c) of Section 131 of Title 23 of the United States Code.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
    Sec. 4.02.
    Signs advertising the sale or lease of property on which they are located, which signs, if along Interstate highways outside a "business area", comply with the following requirements:
    (a) There may not be more than one such sign designed to attract traffic on the Interstate highway proceeding in any one direction;
    (b) The sign may not exceed 150 square feet in size;
    (c) No such sign may be erected or maintained which attempts or appears to attempt to direct the movement of traffic or which interferes with, indicates or resembles any official traffic sign, signal or device;
    (d) No such sign may be erected or maintained which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic;
    (e) No such sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights;
    (f) No lighting may be used in any way, in connection with any such sign, unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main‑traveled way of the highway, or is of such low intensity or brilliance as not to 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;
    (g) No such sign may be erected or maintained which moves or has any animated or moving parts and no such sign may be erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
    Sec. 4.03. Signs advertising activities conducted on the property on which they are located; which, if along Interstate highways outside a "business area" comply with the following requirements:
    (a) There may not be more than one such sign located more than 50 feet from such activity designed to attract traffic on the Interstate highway proceeding in any one direction;
    (b) No such sign visible to traffic on an Interstate highway and located more than 50 feet from such activity, which displays any trade name referring to or identifying any service rendered or any product sold, used or otherwise handled, may be permitted unless the name of the advertised activity is displayed as conspicuously as such trade name. This restriction does not apply if the trade name identifies or characterizes places for lodging, eating, telephone facilities, vehicle service and repair, or identifies vehicle equipment, parts, accessories, fuels, oils or lubricants being offered for sale at such places;
    (c) No such sign in excess of 20 feet in length, width or height, or 150 square feet in area, including border and trim, but excluding supports, may be erected or maintained more than 50 feet from the activities conducted upon the property where the sign is located;
    (d) The sign must comply with subparagraphs (c), (d), (f) and (g) of Section 4.02;
    (e) No such sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights except those which may be changed at reasonable intervals by electronic process or by remote control as long as these do not interfere with the effectiveness of an official traffic control device.
(Source: P.A. 81‑550.)

    (225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
    Sec. 4.04.
    Signs which are erected in business areas after the effective date of this Act and which comply, when erected, with Sections 5, 6 (subject to provisions of Section 7) and 8 of this Act.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.05) (from Ch. 121, par. 504.05)
    Sec. 4.05.
    Signs in existence in a "business area", except signs which do not comply with Section 5, subsection (b) of Section 6.02, subsection (a) of Section 6.03 or Section 8 of this Act. For purposes of this Section, to be "in existence" the supports and frame of a sign must be physically in place: (a) on the effective date of this Act; or (b) on the date subsequent to the passage of this Act when the area in which the sign is located becomes subject to this Act or within six months thereafter, provided the sign is located on property leased prior to the date the area becomes subject to this Act and a copy of the lease is filed with the Department within 30 days following such date, except that the six month period shall not apply to those portions of a highway constructed on new alignment.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.06) (from Ch. 121, par. 504.06)
    Sec. 4.06.
    Signs affixed by public utilities to their poles and other facilities for identification.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.07) (from Ch. 121, par. 504.07)
    Sec. 4.07. Signs within 660 feet of the right‑of‑way which provide information relative to lodging, food, outdoor recreational or automotive service facilities which are located within 12 air miles from such sign. Signs of this category may be permitted in areas covered under the provisions of Sections 4.04 and 4.05 of this Act, and may also be erected and maintained along interstate highways in areas which are at anytime zoned for commercial or industrial activities under the authority of any law of this State, or along Interstate highways in areas which come within the definition in Section 3.11 of an "Unzoned commercial or industrial area" along primary highways; provided however, that such signs erected under provisions of this Section 4.07 comply with the following:
    (a) No such sign may be erected or maintained within two miles approaching an interchange;
    (b) Only six such signs may be erected or maintained within two to five miles approaching an interchange;
    (c) An average of only one sign per mile shall be erected or maintained more than five miles approaching an interchange;
    (d) No such sign shall be permitted to be erected or maintained for 1000 feet beyond an interchange;
    (e) Subject to subsections (a), (b), (c) and (d) of this Section, not more than two such signs will be permitted within any mile distance measured from any point, and no such signs will be permitted to be less than 1000 feet apart;
    (f) All such signs shall comply with the provisions of subsections (a), (b), (c), (d), (f) and (g) of Section 4.02 of this Act.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/4.08) (from Ch. 121, par. 504.08)
    Sec. 4.08. Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained by the Department within the right‑of‑way on the Interstate System and on other freeways with full control of access in areas designated by the United States Secretary of Transportation, pursuant to Title 23, U.S. Code, Section 131 (f). Signs giving specific information regarding tourist oriented businesses in the interest of the traveling public may also be erected and maintained by the Department within the right‑of‑way on rural non‑interstate and non‑freeway State highways. Such signs, displays and devices shall conform to national standards promulgated by the Secretary pursuant to such authority.
(Source: P.A. 90‑272, eff. 7‑30‑97.)

    (225 ILCS 440/5) (from Ch. 121, par. 505)
    Sec. 5. No sign may be erected or maintained that:
    (a) Imitates or resembles an official traffic sign, signal or device;
    (b) Is erected, painted or drawn upon trees, rocks or other natural features;
    (c) Is structurally unsafe or in disrepair; or
    (d) Is erected adjacent to a scenic byway that is a primary or Interstate highway after the effective date of this amendatory Act of 1996, except those signs described in Sections 4.01, 4.02, 4.03, 4.06, and 4.08 of this Act.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/6) (from Ch. 121, par. 506)
    Sec. 6.
    Signs permitted under Section 4.04 must comply with the requirements of Sections 6.01, 6.02 and 6.03.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/6.01) (from Ch. 121, par. 506.01)
    Sec. 6.01. Size of signs. No sign may be erected which exceeds 1,200 square feet in area, 30 feet in height and 60 feet in length, including border and trim, but excluding ornamental base or apron, supports and other structural members. Except with respect to the repair, rebuilding, or replacement of any sign lawfully erected before January 1, 1993, no sign may be erected after the effective date of this amendatory Act of 1992 in any county with a population under 2,000,000 that exceeds 800 square feet in area, excluding extensions and cut‑outs; the extensions and cut‑outs may account for no more than an additional 20% in sign surface area. The maximum size limitation shall apply to each side of a sign or sign structure. A maximum of 2 signs may be erected in a facing, in which event the facing shall be deemed to be one sign, the size of which may not exceed the dimensions listed in this Section. Signs may be double faced or be placed back to back or V‑type or triangular, provided that the angle between sign faces shall not exceed 90 degrees. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign.
(Source: P.A. 91‑774, eff. 1‑1‑01.)

    (225 ILCS 440/6.02) (from Ch. 121, par. 506.02)
    Sec. 6.02.
    Lighting. (a) No sign may be erected which contains, includes or is illuminated by any flashing, intermittent or moving light or lights, except those giving public service information such as, without limiting the generality of the foregoing, time, weather, date and temperature.
    (b) No sign may be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any Interstate or primary highway or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.
(Source: P. A. 77‑1815.)

State Codes and Statutes

Statutes > Illinois > Chapter225 > 1358

    (225 ILCS 440/1) (from Ch. 121, par. 501)
    Sec. 1.
    The General Assembly finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to Interstate highways and primary highways should be regulated in order to protect the public investment in such highways, to promote the recreational value of public travel, to preserve natural beauty and to promote the reasonable, orderly and effective display of such signs, displays and devices.
    The General Assembly further finds and declares that outdoor advertising is a legitimate, commercial use of private property adjacent to roads and highways; that outdoor advertising is an integral part of the business and marketing function, and an established segment of the national economy which serves to promote and protect private investments in commerce and industry and should be allowed to operate in business areas; and that the regulatory standards set forth in Section 6 of this Act are consistent with customary use in this State and will properly and adequately carry out each and all of the purposes of this Act, more severe restrictions being inconsistent with customary use and ineffective to accomplish the purposes of this Act.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/2) (from Ch. 121, par. 502)
    Sec. 2.
    This Act shall be known and may be cited as the "Highway Advertising Control Act of 1971".
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3) (from Ch. 121, par. 503)
    Sec. 3. As used in this Act, unless the context otherwise requires, the terms defined in Sections 3.01 through 3.16 have the meanings ascribed to them in those Sections.
(Source: P.A. 92‑651, eff. 7‑11‑02.)

    (225 ILCS 440/3.01) (from Ch. 121, par. 503.01)
    Sec. 3.01.
    "Department" means the Department of Transportation of the State of Illinois.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.02) (from Ch. 121, par. 503.02)
    Sec. 3.02.
    "Interstate highway" means any highway designated by the Department and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways on the effective date of this Act or thereafter. A highway constructed after the effective date of this Act shall become a part of the National System of Interstate and Defense Highways upon the date of approval of the Route Location Decision and the approval of the addition of the highway to the National System of Interstate and Defense Highways by the Governor and the United States Department of Transportation.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.03) (from Ch. 121, par. 503.03)
    Sec. 3.03. "Primary highway" means any highway, other than an Interstate highway, designated by the Department and approved by the United States Department of Transportation as a part of the Federal‑Aid Primary System in existence on June 1, 1991 or any highway other than an Interstate highway that is not on such system that is on the National Highway System.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/3.04) (from Ch. 121, par. 503.04)
    Sec. 3.04.
    "Expressway" means a primary highway constructed as a freeway which has complete control of access.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.05) (from Ch. 121, par. 503.05)
    Sec. 3.05.
    "Main‑traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main‑traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.06)(from Ch. 121, par. 503.06)
    Sec. 3.06. "Maintain" means to allow to exist and includes the periodic changing of advertising messages as well as the normal maintenance or repair of signs and sign structures.
(Source: P.A. 96‑919, eff. 6‑9‑10.)

    (225 ILCS 440/3.07) (from Ch. 121, par. 503.07)
    Sec. 3.07. "Sign" means any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is designated, intended, or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main‑traveled way of any portion of an Interstate or primary highway and which is within 660 feet of the nearest edge of the right‑of‑way of such highway.
    "Sign" also means any sign described in paragraph one of this Section which is more than 660 feet from the nearest edge of such highway, outside of an urban area, visible from any place on the main‑traveled way of any portion of such highway and erected with the purpose of its message being read from such main‑traveled way.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.08)(from Ch. 121, par. 503.08)
    Sec. 3.08. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure. For the purposes of this definition, the following shall not constitute normal maintenance or repair of a sign or sign structure: replacing more than 60% of the uprights, in whole or in part, of a wooden sign structure; replacing more than 30% of the length above ground of each broken, bent, or twisted support of a metal sign structure; raising the height above ground of a sign or sign structure; making a sign bigger; adding lighting; or similar activities that substantially change a sign or make a sign more valuable.
(Source: P.A. 96‑919, eff. 6‑9‑10.)

    (225 ILCS 440/3.09) (from Ch. 121, par. 503.09)
    Sec. 3.09.
    "Municipality" means a city, village, or incorporated town in the State of Illinois, but, unless the context otherwise provides, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town which has superseded a civil township, county, school district, park district, sanitary district or any other similar governmental district.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.10) (from Ch. 121, par. 503.10)
    Sec. 3.10. "Commercial or industrial activities" means those activities located within 660 feet of the nearest edge of the right‑of‑way generally recognized as commercial or industrial by zoning authorities in this State, but does not include the following:
    (a) Agricultural, forestry, ranging, grazing and farming activities, including wayside fresh produce stands and grain storage bins;
    (b) Railroad tracks and minor sidings;
    (c) Transient or temporary activities not involving permanent buildings or structures;
    (d) Outdoor advertising structures;
    (e) Activities not visible from a main‑traveled way;
    (f) Activities conducted in a building principally used as a residence.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.11) (from Ch. 121, par. 503.11)
    Sec. 3.11.
    "Unzoned commercial or industrial area" means any area adjacent to the right‑of‑way of a primary highway not zoned by any county or municipality and which lies within 600 feet of any commercial or industrial activity. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway. On primary highways other than expressways where there is an unzoned commercial or industrial area on one side of the road in accordance with the preceding, the unzoned commercial or industrial area shall also include those lands directly opposite on the other side of the highway to the extent of the same dimensions except where such lands are publicly owned or controlled for scenic or recreational purposes.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.12)(from Ch. 121, par. 503.12)
    Sec. 3.12. (a) "Business area" means any part of an area adjacent to and within 660 feet of the right‑of‑way which is at any time zoned for business, commercial or industrial activities under the authority of any law of this State; or not so zoned, but which constitutes an unzoned commercial or industrial area as defined in Section 3.11. However, as to signs along Interstate highways, the term "business area" includes only areas which are within incorporated limits of any city, village, or incorporated town, as such limits existed on September 21, 1959, and which are zoned for industrial or commercial use, or both, or to portions of Interstate highways which traverse other areas where the land use, as of September 21, l959, was established by State law as industrial or commercial, or both.
    With respect to signs owned or leased by the State or a political subdivision, an area zoned for business, commercial, or industrial activities that is adjacent to and within 660 feet of an Interstate highway and that is in Township 41 North, Range 10 East of the Third Principal Meridian, shall be deemed a "business area" for purposes of this Act. This zoning must have been a part of comprehensive zoning and not have been created primarily to permit outdoor advertising structures as described in 23 CFR 750.
    (b) The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to comply with the federal Highway Beautification Act of 1965, 23 U.S.C. 131, and the regulations promulgated thereunder by the Secretary of the United States Department of Transportation. To the extent that the Secretary of the United States Department of Transportation or any court finds the changes to this Section made by this amendatory Act to be inconsistent with or preempted by such law or regulations, the changes shall be repealed to the extent necessary to cure such inconsistency or preemption.
    (c) The provisions of this amendatory Act of the 95th General Assembly shall not be applicable if such application would impact the receipt, use, or reimbursement of federal funds by the Illinois Department of Transportation.
(Source: P.A. 95‑340, eff. 1‑1‑08.)

    (225 ILCS 440/3.13) (from Ch. 121, par. 503.13)
    Sec. 3.13.
    "Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.14) (from Ch. 121, par. 503.14)
    Sec. 3.14. For purposes of this Act, "urban area" means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area in each such state, or an urban place as designated by the Bureau of the Census of the United States having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of the United States Department of Transportation. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.15)
    Sec. 3.15. "National Highway System" is a designation provided to certain highways by the Department, which designation must be approved by the United States Department of Transportation and the United States Congress for the purpose of providing an interconnected system of principal arterial routes that serve major population centers, international border crossings, ports, airports, public transportation facilities, other major travel destinations, and interstate and interregional travel and meet national defense requirements.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/3.16)
    Sec. 3.16. "Scenic byway" means that portion of a highway that has been nominated by the Department to the United States Department of Transportation for designation as a national scenic byway or All‑American Road, and that has received national designation. "Scenic byway" does not include a section of primary or Interstate highway that traverses a business area at the time of nomination, except in accordance with Section 14.02(a)(5).
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/4) (from Ch. 121, par. 504)
    Sec. 4.
    Signs shall not be erected or maintained along primary or Interstate highways except those described in Sections 4.01 through 4.08.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.01) (from Ch. 121, par. 504.01)
    Sec. 4.01.
    Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with regulations which shall be promulgated by the Department relative to their lighting, size, number, spacing and such other requirements as may be appropriate to implement this Act, but such regulations shall not be inconsistent with, nor more restrictive than, such national standards as may be promulgated from time to time by the Secretary of the Department of Transportation of the United States, under subsection (c) of Section 131 of Title 23 of the United States Code.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
    Sec. 4.02.
    Signs advertising the sale or lease of property on which they are located, which signs, if along Interstate highways outside a "business area", comply with the following requirements:
    (a) There may not be more than one such sign designed to attract traffic on the Interstate highway proceeding in any one direction;
    (b) The sign may not exceed 150 square feet in size;
    (c) No such sign may be erected or maintained which attempts or appears to attempt to direct the movement of traffic or which interferes with, indicates or resembles any official traffic sign, signal or device;
    (d) No such sign may be erected or maintained which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic;
    (e) No such sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights;
    (f) No lighting may be used in any way, in connection with any such sign, unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main‑traveled way of the highway, or is of such low intensity or brilliance as not to 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;
    (g) No such sign may be erected or maintained which moves or has any animated or moving parts and no such sign may be erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
    Sec. 4.03. Signs advertising activities conducted on the property on which they are located; which, if along Interstate highways outside a "business area" comply with the following requirements:
    (a) There may not be more than one such sign located more than 50 feet from such activity designed to attract traffic on the Interstate highway proceeding in any one direction;
    (b) No such sign visible to traffic on an Interstate highway and located more than 50 feet from such activity, which displays any trade name referring to or identifying any service rendered or any product sold, used or otherwise handled, may be permitted unless the name of the advertised activity is displayed as conspicuously as such trade name. This restriction does not apply if the trade name identifies or characterizes places for lodging, eating, telephone facilities, vehicle service and repair, or identifies vehicle equipment, parts, accessories, fuels, oils or lubricants being offered for sale at such places;
    (c) No such sign in excess of 20 feet in length, width or height, or 150 square feet in area, including border and trim, but excluding supports, may be erected or maintained more than 50 feet from the activities conducted upon the property where the sign is located;
    (d) The sign must comply with subparagraphs (c), (d), (f) and (g) of Section 4.02;
    (e) No such sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights except those which may be changed at reasonable intervals by electronic process or by remote control as long as these do not interfere with the effectiveness of an official traffic control device.
(Source: P.A. 81‑550.)

    (225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
    Sec. 4.04.
    Signs which are erected in business areas after the effective date of this Act and which comply, when erected, with Sections 5, 6 (subject to provisions of Section 7) and 8 of this Act.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.05) (from Ch. 121, par. 504.05)
    Sec. 4.05.
    Signs in existence in a "business area", except signs which do not comply with Section 5, subsection (b) of Section 6.02, subsection (a) of Section 6.03 or Section 8 of this Act. For purposes of this Section, to be "in existence" the supports and frame of a sign must be physically in place: (a) on the effective date of this Act; or (b) on the date subsequent to the passage of this Act when the area in which the sign is located becomes subject to this Act or within six months thereafter, provided the sign is located on property leased prior to the date the area becomes subject to this Act and a copy of the lease is filed with the Department within 30 days following such date, except that the six month period shall not apply to those portions of a highway constructed on new alignment.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.06) (from Ch. 121, par. 504.06)
    Sec. 4.06.
    Signs affixed by public utilities to their poles and other facilities for identification.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.07) (from Ch. 121, par. 504.07)
    Sec. 4.07. Signs within 660 feet of the right‑of‑way which provide information relative to lodging, food, outdoor recreational or automotive service facilities which are located within 12 air miles from such sign. Signs of this category may be permitted in areas covered under the provisions of Sections 4.04 and 4.05 of this Act, and may also be erected and maintained along interstate highways in areas which are at anytime zoned for commercial or industrial activities under the authority of any law of this State, or along Interstate highways in areas which come within the definition in Section 3.11 of an "Unzoned commercial or industrial area" along primary highways; provided however, that such signs erected under provisions of this Section 4.07 comply with the following:
    (a) No such sign may be erected or maintained within two miles approaching an interchange;
    (b) Only six such signs may be erected or maintained within two to five miles approaching an interchange;
    (c) An average of only one sign per mile shall be erected or maintained more than five miles approaching an interchange;
    (d) No such sign shall be permitted to be erected or maintained for 1000 feet beyond an interchange;
    (e) Subject to subsections (a), (b), (c) and (d) of this Section, not more than two such signs will be permitted within any mile distance measured from any point, and no such signs will be permitted to be less than 1000 feet apart;
    (f) All such signs shall comply with the provisions of subsections (a), (b), (c), (d), (f) and (g) of Section 4.02 of this Act.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/4.08) (from Ch. 121, par. 504.08)
    Sec. 4.08. Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained by the Department within the right‑of‑way on the Interstate System and on other freeways with full control of access in areas designated by the United States Secretary of Transportation, pursuant to Title 23, U.S. Code, Section 131 (f). Signs giving specific information regarding tourist oriented businesses in the interest of the traveling public may also be erected and maintained by the Department within the right‑of‑way on rural non‑interstate and non‑freeway State highways. Such signs, displays and devices shall conform to national standards promulgated by the Secretary pursuant to such authority.
(Source: P.A. 90‑272, eff. 7‑30‑97.)

    (225 ILCS 440/5) (from Ch. 121, par. 505)
    Sec. 5. No sign may be erected or maintained that:
    (a) Imitates or resembles an official traffic sign, signal or device;
    (b) Is erected, painted or drawn upon trees, rocks or other natural features;
    (c) Is structurally unsafe or in disrepair; or
    (d) Is erected adjacent to a scenic byway that is a primary or Interstate highway after the effective date of this amendatory Act of 1996, except those signs described in Sections 4.01, 4.02, 4.03, 4.06, and 4.08 of this Act.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/6) (from Ch. 121, par. 506)
    Sec. 6.
    Signs permitted under Section 4.04 must comply with the requirements of Sections 6.01, 6.02 and 6.03.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/6.01) (from Ch. 121, par. 506.01)
    Sec. 6.01. Size of signs. No sign may be erected which exceeds 1,200 square feet in area, 30 feet in height and 60 feet in length, including border and trim, but excluding ornamental base or apron, supports and other structural members. Except with respect to the repair, rebuilding, or replacement of any sign lawfully erected before January 1, 1993, no sign may be erected after the effective date of this amendatory Act of 1992 in any county with a population under 2,000,000 that exceeds 800 square feet in area, excluding extensions and cut‑outs; the extensions and cut‑outs may account for no more than an additional 20% in sign surface area. The maximum size limitation shall apply to each side of a sign or sign structure. A maximum of 2 signs may be erected in a facing, in which event the facing shall be deemed to be one sign, the size of which may not exceed the dimensions listed in this Section. Signs may be double faced or be placed back to back or V‑type or triangular, provided that the angle between sign faces shall not exceed 90 degrees. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign.
(Source: P.A. 91‑774, eff. 1‑1‑01.)

    (225 ILCS 440/6.02) (from Ch. 121, par. 506.02)
    Sec. 6.02.
    Lighting. (a) No sign may be erected which contains, includes or is illuminated by any flashing, intermittent or moving light or lights, except those giving public service information such as, without limiting the generality of the foregoing, time, weather, date and temperature.
    (b) No sign may be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any Interstate or primary highway or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.
(Source: P. A. 77‑1815.)

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State Codes and Statutes

State Codes and Statutes

Statutes > Illinois > Chapter225 > 1358

    (225 ILCS 440/1) (from Ch. 121, par. 501)
    Sec. 1.
    The General Assembly finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to Interstate highways and primary highways should be regulated in order to protect the public investment in such highways, to promote the recreational value of public travel, to preserve natural beauty and to promote the reasonable, orderly and effective display of such signs, displays and devices.
    The General Assembly further finds and declares that outdoor advertising is a legitimate, commercial use of private property adjacent to roads and highways; that outdoor advertising is an integral part of the business and marketing function, and an established segment of the national economy which serves to promote and protect private investments in commerce and industry and should be allowed to operate in business areas; and that the regulatory standards set forth in Section 6 of this Act are consistent with customary use in this State and will properly and adequately carry out each and all of the purposes of this Act, more severe restrictions being inconsistent with customary use and ineffective to accomplish the purposes of this Act.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/2) (from Ch. 121, par. 502)
    Sec. 2.
    This Act shall be known and may be cited as the "Highway Advertising Control Act of 1971".
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3) (from Ch. 121, par. 503)
    Sec. 3. As used in this Act, unless the context otherwise requires, the terms defined in Sections 3.01 through 3.16 have the meanings ascribed to them in those Sections.
(Source: P.A. 92‑651, eff. 7‑11‑02.)

    (225 ILCS 440/3.01) (from Ch. 121, par. 503.01)
    Sec. 3.01.
    "Department" means the Department of Transportation of the State of Illinois.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.02) (from Ch. 121, par. 503.02)
    Sec. 3.02.
    "Interstate highway" means any highway designated by the Department and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways on the effective date of this Act or thereafter. A highway constructed after the effective date of this Act shall become a part of the National System of Interstate and Defense Highways upon the date of approval of the Route Location Decision and the approval of the addition of the highway to the National System of Interstate and Defense Highways by the Governor and the United States Department of Transportation.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.03) (from Ch. 121, par. 503.03)
    Sec. 3.03. "Primary highway" means any highway, other than an Interstate highway, designated by the Department and approved by the United States Department of Transportation as a part of the Federal‑Aid Primary System in existence on June 1, 1991 or any highway other than an Interstate highway that is not on such system that is on the National Highway System.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/3.04) (from Ch. 121, par. 503.04)
    Sec. 3.04.
    "Expressway" means a primary highway constructed as a freeway which has complete control of access.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.05) (from Ch. 121, par. 503.05)
    Sec. 3.05.
    "Main‑traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main‑traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.06)(from Ch. 121, par. 503.06)
    Sec. 3.06. "Maintain" means to allow to exist and includes the periodic changing of advertising messages as well as the normal maintenance or repair of signs and sign structures.
(Source: P.A. 96‑919, eff. 6‑9‑10.)

    (225 ILCS 440/3.07) (from Ch. 121, par. 503.07)
    Sec. 3.07. "Sign" means any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is designated, intended, or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main‑traveled way of any portion of an Interstate or primary highway and which is within 660 feet of the nearest edge of the right‑of‑way of such highway.
    "Sign" also means any sign described in paragraph one of this Section which is more than 660 feet from the nearest edge of such highway, outside of an urban area, visible from any place on the main‑traveled way of any portion of such highway and erected with the purpose of its message being read from such main‑traveled way.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.08)(from Ch. 121, par. 503.08)
    Sec. 3.08. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure. For the purposes of this definition, the following shall not constitute normal maintenance or repair of a sign or sign structure: replacing more than 60% of the uprights, in whole or in part, of a wooden sign structure; replacing more than 30% of the length above ground of each broken, bent, or twisted support of a metal sign structure; raising the height above ground of a sign or sign structure; making a sign bigger; adding lighting; or similar activities that substantially change a sign or make a sign more valuable.
(Source: P.A. 96‑919, eff. 6‑9‑10.)

    (225 ILCS 440/3.09) (from Ch. 121, par. 503.09)
    Sec. 3.09.
    "Municipality" means a city, village, or incorporated town in the State of Illinois, but, unless the context otherwise provides, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town which has superseded a civil township, county, school district, park district, sanitary district or any other similar governmental district.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.10) (from Ch. 121, par. 503.10)
    Sec. 3.10. "Commercial or industrial activities" means those activities located within 660 feet of the nearest edge of the right‑of‑way generally recognized as commercial or industrial by zoning authorities in this State, but does not include the following:
    (a) Agricultural, forestry, ranging, grazing and farming activities, including wayside fresh produce stands and grain storage bins;
    (b) Railroad tracks and minor sidings;
    (c) Transient or temporary activities not involving permanent buildings or structures;
    (d) Outdoor advertising structures;
    (e) Activities not visible from a main‑traveled way;
    (f) Activities conducted in a building principally used as a residence.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.11) (from Ch. 121, par. 503.11)
    Sec. 3.11.
    "Unzoned commercial or industrial area" means any area adjacent to the right‑of‑way of a primary highway not zoned by any county or municipality and which lies within 600 feet of any commercial or industrial activity. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway. On primary highways other than expressways where there is an unzoned commercial or industrial area on one side of the road in accordance with the preceding, the unzoned commercial or industrial area shall also include those lands directly opposite on the other side of the highway to the extent of the same dimensions except where such lands are publicly owned or controlled for scenic or recreational purposes.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.12)(from Ch. 121, par. 503.12)
    Sec. 3.12. (a) "Business area" means any part of an area adjacent to and within 660 feet of the right‑of‑way which is at any time zoned for business, commercial or industrial activities under the authority of any law of this State; or not so zoned, but which constitutes an unzoned commercial or industrial area as defined in Section 3.11. However, as to signs along Interstate highways, the term "business area" includes only areas which are within incorporated limits of any city, village, or incorporated town, as such limits existed on September 21, 1959, and which are zoned for industrial or commercial use, or both, or to portions of Interstate highways which traverse other areas where the land use, as of September 21, l959, was established by State law as industrial or commercial, or both.
    With respect to signs owned or leased by the State or a political subdivision, an area zoned for business, commercial, or industrial activities that is adjacent to and within 660 feet of an Interstate highway and that is in Township 41 North, Range 10 East of the Third Principal Meridian, shall be deemed a "business area" for purposes of this Act. This zoning must have been a part of comprehensive zoning and not have been created primarily to permit outdoor advertising structures as described in 23 CFR 750.
    (b) The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to comply with the federal Highway Beautification Act of 1965, 23 U.S.C. 131, and the regulations promulgated thereunder by the Secretary of the United States Department of Transportation. To the extent that the Secretary of the United States Department of Transportation or any court finds the changes to this Section made by this amendatory Act to be inconsistent with or preempted by such law or regulations, the changes shall be repealed to the extent necessary to cure such inconsistency or preemption.
    (c) The provisions of this amendatory Act of the 95th General Assembly shall not be applicable if such application would impact the receipt, use, or reimbursement of federal funds by the Illinois Department of Transportation.
(Source: P.A. 95‑340, eff. 1‑1‑08.)

    (225 ILCS 440/3.13) (from Ch. 121, par. 503.13)
    Sec. 3.13.
    "Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/3.14) (from Ch. 121, par. 503.14)
    Sec. 3.14. For purposes of this Act, "urban area" means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area in each such state, or an urban place as designated by the Bureau of the Census of the United States having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of the United States Department of Transportation. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/3.15)
    Sec. 3.15. "National Highway System" is a designation provided to certain highways by the Department, which designation must be approved by the United States Department of Transportation and the United States Congress for the purpose of providing an interconnected system of principal arterial routes that serve major population centers, international border crossings, ports, airports, public transportation facilities, other major travel destinations, and interstate and interregional travel and meet national defense requirements.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/3.16)
    Sec. 3.16. "Scenic byway" means that portion of a highway that has been nominated by the Department to the United States Department of Transportation for designation as a national scenic byway or All‑American Road, and that has received national designation. "Scenic byway" does not include a section of primary or Interstate highway that traverses a business area at the time of nomination, except in accordance with Section 14.02(a)(5).
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/4) (from Ch. 121, par. 504)
    Sec. 4.
    Signs shall not be erected or maintained along primary or Interstate highways except those described in Sections 4.01 through 4.08.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.01) (from Ch. 121, par. 504.01)
    Sec. 4.01.
    Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with regulations which shall be promulgated by the Department relative to their lighting, size, number, spacing and such other requirements as may be appropriate to implement this Act, but such regulations shall not be inconsistent with, nor more restrictive than, such national standards as may be promulgated from time to time by the Secretary of the Department of Transportation of the United States, under subsection (c) of Section 131 of Title 23 of the United States Code.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
    Sec. 4.02.
    Signs advertising the sale or lease of property on which they are located, which signs, if along Interstate highways outside a "business area", comply with the following requirements:
    (a) There may not be more than one such sign designed to attract traffic on the Interstate highway proceeding in any one direction;
    (b) The sign may not exceed 150 square feet in size;
    (c) No such sign may be erected or maintained which attempts or appears to attempt to direct the movement of traffic or which interferes with, indicates or resembles any official traffic sign, signal or device;
    (d) No such sign may be erected or maintained which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic;
    (e) No such sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights;
    (f) No lighting may be used in any way, in connection with any such sign, unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main‑traveled way of the highway, or is of such low intensity or brilliance as not to 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;
    (g) No such sign may be erected or maintained which moves or has any animated or moving parts and no such sign may be erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
    Sec. 4.03. Signs advertising activities conducted on the property on which they are located; which, if along Interstate highways outside a "business area" comply with the following requirements:
    (a) There may not be more than one such sign located more than 50 feet from such activity designed to attract traffic on the Interstate highway proceeding in any one direction;
    (b) No such sign visible to traffic on an Interstate highway and located more than 50 feet from such activity, which displays any trade name referring to or identifying any service rendered or any product sold, used or otherwise handled, may be permitted unless the name of the advertised activity is displayed as conspicuously as such trade name. This restriction does not apply if the trade name identifies or characterizes places for lodging, eating, telephone facilities, vehicle service and repair, or identifies vehicle equipment, parts, accessories, fuels, oils or lubricants being offered for sale at such places;
    (c) No such sign in excess of 20 feet in length, width or height, or 150 square feet in area, including border and trim, but excluding supports, may be erected or maintained more than 50 feet from the activities conducted upon the property where the sign is located;
    (d) The sign must comply with subparagraphs (c), (d), (f) and (g) of Section 4.02;
    (e) No such sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights except those which may be changed at reasonable intervals by electronic process or by remote control as long as these do not interfere with the effectiveness of an official traffic control device.
(Source: P.A. 81‑550.)

    (225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
    Sec. 4.04.
    Signs which are erected in business areas after the effective date of this Act and which comply, when erected, with Sections 5, 6 (subject to provisions of Section 7) and 8 of this Act.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.05) (from Ch. 121, par. 504.05)
    Sec. 4.05.
    Signs in existence in a "business area", except signs which do not comply with Section 5, subsection (b) of Section 6.02, subsection (a) of Section 6.03 or Section 8 of this Act. For purposes of this Section, to be "in existence" the supports and frame of a sign must be physically in place: (a) on the effective date of this Act; or (b) on the date subsequent to the passage of this Act when the area in which the sign is located becomes subject to this Act or within six months thereafter, provided the sign is located on property leased prior to the date the area becomes subject to this Act and a copy of the lease is filed with the Department within 30 days following such date, except that the six month period shall not apply to those portions of a highway constructed on new alignment.
(Source: P.A. 77‑1815.)

    (225 ILCS 440/4.06) (from Ch. 121, par. 504.06)
    Sec. 4.06.
    Signs affixed by public utilities to their poles and other facilities for identification.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/4.07) (from Ch. 121, par. 504.07)
    Sec. 4.07. Signs within 660 feet of the right‑of‑way which provide information relative to lodging, food, outdoor recreational or automotive service facilities which are located within 12 air miles from such sign. Signs of this category may be permitted in areas covered under the provisions of Sections 4.04 and 4.05 of this Act, and may also be erected and maintained along interstate highways in areas which are at anytime zoned for commercial or industrial activities under the authority of any law of this State, or along Interstate highways in areas which come within the definition in Section 3.11 of an "Unzoned commercial or industrial area" along primary highways; provided however, that such signs erected under provisions of this Section 4.07 comply with the following:
    (a) No such sign may be erected or maintained within two miles approaching an interchange;
    (b) Only six such signs may be erected or maintained within two to five miles approaching an interchange;
    (c) An average of only one sign per mile shall be erected or maintained more than five miles approaching an interchange;
    (d) No such sign shall be permitted to be erected or maintained for 1000 feet beyond an interchange;
    (e) Subject to subsections (a), (b), (c) and (d) of this Section, not more than two such signs will be permitted within any mile distance measured from any point, and no such signs will be permitted to be less than 1000 feet apart;
    (f) All such signs shall comply with the provisions of subsections (a), (b), (c), (d), (f) and (g) of Section 4.02 of this Act.
(Source: P.A. 79‑1009.)

    (225 ILCS 440/4.08) (from Ch. 121, par. 504.08)
    Sec. 4.08. Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained by the Department within the right‑of‑way on the Interstate System and on other freeways with full control of access in areas designated by the United States Secretary of Transportation, pursuant to Title 23, U.S. Code, Section 131 (f). Signs giving specific information regarding tourist oriented businesses in the interest of the traveling public may also be erected and maintained by the Department within the right‑of‑way on rural non‑interstate and non‑freeway State highways. Such signs, displays and devices shall conform to national standards promulgated by the Secretary pursuant to such authority.
(Source: P.A. 90‑272, eff. 7‑30‑97.)

    (225 ILCS 440/5) (from Ch. 121, par. 505)
    Sec. 5. No sign may be erected or maintained that:
    (a) Imitates or resembles an official traffic sign, signal or device;
    (b) Is erected, painted or drawn upon trees, rocks or other natural features;
    (c) Is structurally unsafe or in disrepair; or
    (d) Is erected adjacent to a scenic byway that is a primary or Interstate highway after the effective date of this amendatory Act of 1996, except those signs described in Sections 4.01, 4.02, 4.03, 4.06, and 4.08 of this Act.
(Source: P.A. 89‑605, eff. 8‑2‑96.)

    (225 ILCS 440/6) (from Ch. 121, par. 506)
    Sec. 6.
    Signs permitted under Section 4.04 must comply with the requirements of Sections 6.01, 6.02 and 6.03.
(Source: P. A. 77‑1815.)

    (225 ILCS 440/6.01) (from Ch. 121, par. 506.01)
    Sec. 6.01. Size of signs. No sign may be erected which exceeds 1,200 square feet in area, 30 feet in height and 60 feet in length, including border and trim, but excluding ornamental base or apron, supports and other structural members. Except with respect to the repair, rebuilding, or replacement of any sign lawfully erected before January 1, 1993, no sign may be erected after the effective date of this amendatory Act of 1992 in any county with a population under 2,000,000 that exceeds 800 square feet in area, excluding extensions and cut‑outs; the extensions and cut‑outs may account for no more than an additional 20% in sign surface area. The maximum size limitation shall apply to each side of a sign or sign structure. A maximum of 2 signs may be erected in a facing, in which event the facing shall be deemed to be one sign, the size of which may not exceed the dimensions listed in this Section. Signs may be double faced or be placed back to back or V‑type or triangular, provided that the angle between sign faces shall not exceed 90 degrees. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign.
(Source: P.A. 91‑774, eff. 1‑1‑01.)

    (225 ILCS 440/6.02) (from Ch. 121, par. 506.02)
    Sec. 6.02.
    Lighting. (a) No sign may be erected which contains, includes or is illuminated by any flashing, intermittent or moving light or lights, except those giving public service information such as, without limiting the generality of the foregoing, time, weather, date and temperature.
    (b) No sign may be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any Interstate or primary highway or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.
(Source: P. A. 77‑1815.)