Thisact may be cited as the "Outdoor Advertising Act".
24-10-102. Declaration of policy and legislative intent.
Thelegislature finds and declares that in order to promote the safety, convenienceand enjoyment of travel on, and protection of the public investment in highwayswithin this state, and to preserve and enhance the natural scenic beauty oraesthetic features of the highways and adjacent areas, it shall be the policyof this state that the erection and maintenance of outdoor advertising in areasadjacent to the right-of-way of the interstate and primary systems within thisstate shall be regulated in accordance with the terms of this act and the rulesand regulations promulgated by the commission, pursuant thereto, and finds thatall outdoor advertising which does not conform to the requirements of the actare public nuisances. It is the intention of the legislature in this act toprovide a statutory basis for regulation of outdoor advertising consistent withthe public policy relating to areas adjacent to the interstate and primarysystems declared by congress in title 23, United States Code,"Highways".
24-10-103. Definitions.
(a) Except as otherwise provided, as used in this act:
(i) "Interstate system" means that portion of thenational system of interstate and defense highways located within this state,as officially designated, or as may hereafter be so designated by thecommission and approved by the secretary of transportation pursuant to theprovisions of title 23, United States Code, "Highways";
(ii) "Primary system" means that portion of connected mainhighways, as officially designated or as may hereafter be so designated by thecommission and approved by the secretary of transportation pursuant to theprovisions of title 23, United States Code, "Highways";
(iii) "Outdoor advertising" means any outdoor sign,display, light, device, figure, painting, drawing, message, plaque, poster,billboard, or other thing which is designed, intended or used to advertise orinform and which is visible from any place on the main-traveled way of theinterstate or primary systems;
(iv) "Commission" means the transportation commissionof Wyoming;
(v) "Safety rest area" means an area or siteestablished and maintained within or adjacent to the right-of-way by or underpublic supervision or control, for the convenience of the traveling public;
(vi) "Information center" means an area or siteestablished and maintained at safety rest areas for the purpose of informingthe public of places of interest within the state and providing such otherinformation as the commission may consider desirable;
(vii) "Visible" means capable of being seen, whether ornot legible, without visual aid by a person of normal visual acuity;
(viii) "Commercial or industrial zone" means those areaswhich are reserved for business, commerce, or trade pursuant to comprehensivelocal zoning ordinances or regulation, or enabling state legislation, includinghighway service areas in which the primary use of the land is reserved forcommercial and roadside services other than outdoor advertising;
(ix) "Unzoned commercial or industrial area" meansthose areas not zoned by state or local law, regulation or ordinance which areoccupied by one (1) or more industrial or commercial activities other thanoutdoor advertising signs on the lands along the highways for a distance of sixhundred (600) feet immediately adjacent to the activities, and those landsdirectly opposite on the other side of the highway to the extent of the samedimensions; provided, those lands on the opposite side of the highway are notdeemed scenic or having aesthetic value;
(x) "Commercial or industrial activities" mean forpurposes of paragraph (viii) those activities generally recognized ascommercial or industrial by zoning authorities in this state, except that noneof the following activities shall be considered commercial or industrial:
(A) Agricultural, forestry, grazing, farming, and relatedactivities including wayside fresh produce stands;
(B) Transient or temporary activities;
(C) Activities not visible from the main-traveled way;
(D) Activities conducted in a building principally used as aresidence;
(E) Railroad tracks and minor sidings.
(b) All signs located within an unzoned area shall becomenonconforming if the commercial or industrial activity used in defining thearea ceases for a period of six (6) months.
24-10-104. Outdoor advertising visible from highways prohibited;exceptions.
(a) No outdoor advertising shall be erected or maintained whichis visible from the main-traveled way of the interstate or primary highways inthis state, except the following:
(i) Directional and other official signs and notices, whichsigns and notices shall include, but not be limited to, signs and noticespertaining to natural wonders, scenic and historic attractions, as authorizedor required by law;
(ii) Signs, displays and devices advertising the sale or leaseof property upon which they are located;
(iii) Signs, displays and devices advertising activitiesconducted on the property upon which they are located;
(iv) Signs, displays and devices located in areas which arezoned industrial or commercial within six hundred sixty (660) feet adjacent tothe highway right-of-way, under authority of law;
(v) Signs, displays and devices located in unzoned commercialor industrial areas, within six hundred sixty (660) feet adjacent to thehighway right-of-way, which areas shall be determined from actual land uses anddefined by regulations to be promulgated by the commission.
(b) Outdoor advertising authorized under paragraphs (a)(i),(iv) and (v) of this section shall conform with standards contained, and shallbear permits required, in regulations which are promulgated by the commissionunder this act. Paragraphs (a)(ii) and (iii) of this section are exempt.
24-10-105. Regulations of commission.
Thecommission is hereby authorized to make and promulgate regulations to controlthe erection and maintenance of outdoor advertising signs, displays and devicesalong the interstate and primary highway systems in conformance with the termsof this act and in conformity with section 131 of title 23, United States Codeas amended.
24-10-106. Size, lighting and spacing; where signs may be erected.
(a) The minimum standards and criteria for the size, lightingand spacing of outdoor advertising, and the criteria for unzoned commercial orindustrial zones or areas within the controlled area along the interstate andprimary systems designated in W.S. 24-10-104 shall conform to those promulgatedand submitted by the secretary of transportation to the congress of the UnitedStates on or about January 10, 1967.
(b) No sign face within the state of Wyoming shall exceed thefollowing limits:
(i) Maximum area - twelve hundred (1,200) square feet;
(ii) Maximum length - sixty (60) feet;
(iii) Maximum height - twenty-five (25) feet.
(c) No more than two (2) facings visible and readable from thesame direction on the main-traveled way may be erected on any one (1) signstructure. Whenever two (2) facings are so positioned, neither shall exceedthree hundred twenty-five (325) square feet.
(d) Double-faced, back-to-back and V-type signs shall beconsidered as a single sign or structure.
(e) No new sign shall be erected closer than five hundred (500)feet to an existing off-premises sign adjacent to an interstate highway;provided, that signs may be erected closer than five hundred (500) feet if thesign structures on the same side of the interstate are not simultaneouslyvisible and are separated by a building or other enclosed structure.
(f) No new sign shall be erected closer than one hundred fifty(150) feet to an existing off-premise sign adjacent to a primary highway;provided, that signs may be erected closer than one hundred fifty (150) feet ifthe sign structures on the same side of the highway are not visiblesimultaneously or are separated by a building or other enclosed structure.
(g) Signs may not be located within five hundred (500) feet ofany of the following which are adjacent to the highway, unless the signs are inan incorporated area:
(i) Public parks;
(ii) Public forests;
(iii) Public playground;
(iv) Scenic areas as designated by the department oftransportation or other state agency having and exercising such authority;
(v) Cemeteries.
(h) No sign may be located on an interstate highway or freewaywithin five hundred (500) feet of an interchange, or intersection at grade, orrest area measured in both directions from the point of widening asconstructed.
(j) The location of sign structure situated on the limitedaccess primary highways in commercial or industrial zoned area between streets,roads or highways entering or intersecting the main-traveled way shall conformto the following minimum spacing criteria:
(i) Where the distance between centerlines of intersectingstreets or highways is less than one thousand (1,000) feet, a minimum spacingbetween structures of one hundred fifty (150) feet may be permitted between theintersecting streets or highways;
(ii) Where the distance between centerlines of intersectingstreets or highways is one thousand (1,000) feet or more, minimum spacingbetween sign structures shall be three hundred (300) feet.
(k) The commission may, for good cause shown, permit a variancein the restrictions set forth herein.
24-10-107. Permits and identification tags.
(a) Within ninety (90) days after the effective date of thisact, no outdoor advertising authorized by W.S. 24-10-104(a)(i), (iv) and (v)shall be maintained without a permit. Applications for permits shall be made tothe commission on forms furnished by it. The commission shall requirereasonable information to be furnished, including a statement that the owner oroccupant of the land has consented to the erection or maintenance of the signor signs thereon. A permit must be obtained for each advertising structure andthe application for such permit must be accompanied by an initial fee of tendollars ($10.00).
(b) Permits shall be for three (3) years, shall be assigned apermit number, and shall be renewed annually thereafter upon payment of fivedollars ($5.00) without the filing of a new application. All fees shall be paidinto the state highway fund. All such fees collected shall be used by thecommission for relocation or damages, but not for administrative purposes.
(c) The commission shall issue with each new permit a permanentidentification tag not larger than six (6) square inches which shall be affixedto the sign in a position readily visible from the highway.
(d) Notwithstanding the foregoing provisions of this section,the commission shall issue permits and identification tags, upon applicationand payment of the requisite fee for any structure lawfully in existence on theday prior to the effective date of this act, and the permits shall thereafterbe renewed for such period of time as is prescribed herein, unless thestructure is removed for improper maintenance. Permits shall be obtained priorto the beginning of construction of any sign. Signs lawfully in place on theeffective date of this act shall have permits.
24-10-108. Revocation of permits and removal of signs.
Whenthe commission determines that a false or misleading statement has been made inthe application for a permit or that the structure for which a permit wasissued is not in a reasonable state of repair, is unsafe or in poor repair orotherwise in violation of this act, the commission shall notify the holder ofthe permit in writing, either by certified mail or by personal service, of theviolation and specify that remedial action shall be taken within thirty (30)days or the permit will be revoked and action for removal of the sign commencedas provided in W.S. 24-10-109. No notice is required prior to filing a complaintafter the notice period has lapsed. The provisions of this section apply to allsigns in existence prior to the effective date of this act.
24-10-109. What outdoor advertising deemed unlawful; procedure forremoval.
(a) The following outdoor advertising is deemed unlawful:
(i) When erected after the effective date of this act contraryto the provisions of this act; or
(ii) When a permit is not obtained as prescribed in this act; or
(iii) When a permittee fails to comply with a notice of violationas provided in W.S. 24-10-108.
(b) The commission shall give notice in writing, either bycertified mail or by personal service, to the owner or occupant of the land onwhich such advertising is located and the owner of the advertising structure,if the latter is known, or if unknown, by posting notice in a conspicuous placeon said structure of its intention to remove the advertising deemed unlawful.Within fifteen (15) days after notice, the owner of the land or the structuremay make written request for a hearing. The commission shall set a date for ahearing thirty (30) days after notice thereof is received. The hearing shall beconducted pursuant to the Wyoming Administrative Procedure Act governingcontested cases. The commission shall keep a full and complete record of suchhearing, make and enter its findings, conclusions and decisions in the matterand mail copies thereof by certified mail to the owner of the land and thestructure.
(c) If a hearing before the commission is not requested, or ifthere is no appeal taken from the commission's decision at such hearing, or ifthe commission's decision is affirmed on appeal, the commission shallimmediately remove the offending outdoor advertising at its own expense.
24-10-110. Power of commission to acquire and remove existingadvertising; compensation.
(a) The commission may acquire by gift, purchase, agreement,exchange or eminent domain any existing outdoor advertising and all propertyrights pertaining to same which were lawfully in existence on the effectivedate of this act and which by reason of this act become nonconforming.
(b) Compensation shall be paid in accordance with theRelocation Assistance Act for outdoor advertising and all property rightspertaining to same which are acquired by eminent domain. The agency isempowered to remove signs found in violation of W.S. 24-10-108 or 24-10-109without payment of compensation.
(c) Those signs meeting the criteria of the act shall not berequired to be removed unless at the time of removal there are sufficientfunds, from whatever source, appropriated and immediately available to thisstate with which to pay the just compensation required under this section, andunless at such time the federal funds required to be contributed to this stateunder section 131 of title 23, United States Code, have been appropriated andare immediately available to this state.
24-10-111. More restrictive ordinances saved.
Nothingin this act shall be construed to abrogate or affect the provisions of anylawful ordinance, regulation or resolution, which is more restrictive than theprovisions of this act.
24-10-112. Change of rules and regulations to conform with federal law.
Inthe event the general requirements of title 23, United States Code,"Highways", or existing rules and regulations of the United Statesdepartment of transportation become amended or changed to less restrictiveconditions than presently exist, then, the commission is empowered to amend orchange such rules and regulations that they may have adopted to come intoconformity with the federal law, rule and regulation; however, in no eventshall this act become more restrictive than is indicated herein by said federalaction.
24-10-113. Severability.
Ifany provisions of this act, or the application of any provision to any personor circumstance, is held invalid, the remainder of this act shall not beaffected thereby.
24-10-114. Outdoor advertising contracted for prior to enactment ofchapter.
Outdooradvertising contracted for prior to the enactment of this act and under theprovisions of the act becomes nonconforming shall not be regulated as suchuntil January 1, 1972.
24-10-115. Violations a misdemeanor.
Anyperson violating any provision of this act is guilty of a misdemeanor.
Thisact may be cited as the "Outdoor Advertising Act".
24-10-102. Declaration of policy and legislative intent.
Thelegislature finds and declares that in order to promote the safety, convenienceand enjoyment of travel on, and protection of the public investment in highwayswithin this state, and to preserve and enhance the natural scenic beauty oraesthetic features of the highways and adjacent areas, it shall be the policyof this state that the erection and maintenance of outdoor advertising in areasadjacent to the right-of-way of the interstate and primary systems within thisstate shall be regulated in accordance with the terms of this act and the rulesand regulations promulgated by the commission, pursuant thereto, and finds thatall outdoor advertising which does not conform to the requirements of the actare public nuisances. It is the intention of the legislature in this act toprovide a statutory basis for regulation of outdoor advertising consistent withthe public policy relating to areas adjacent to the interstate and primarysystems declared by congress in title 23, United States Code,"Highways".
24-10-103. Definitions.
(a) Except as otherwise provided, as used in this act:
(i) "Interstate system" means that portion of thenational system of interstate and defense highways located within this state,as officially designated, or as may hereafter be so designated by thecommission and approved by the secretary of transportation pursuant to theprovisions of title 23, United States Code, "Highways";
(ii) "Primary system" means that portion of connected mainhighways, as officially designated or as may hereafter be so designated by thecommission and approved by the secretary of transportation pursuant to theprovisions of title 23, United States Code, "Highways";
(iii) "Outdoor advertising" means any outdoor sign,display, light, device, figure, painting, drawing, message, plaque, poster,billboard, or other thing which is designed, intended or used to advertise orinform and which is visible from any place on the main-traveled way of theinterstate or primary systems;
(iv) "Commission" means the transportation commissionof Wyoming;
(v) "Safety rest area" means an area or siteestablished and maintained within or adjacent to the right-of-way by or underpublic supervision or control, for the convenience of the traveling public;
(vi) "Information center" means an area or siteestablished and maintained at safety rest areas for the purpose of informingthe public of places of interest within the state and providing such otherinformation as the commission may consider desirable;
(vii) "Visible" means capable of being seen, whether ornot legible, without visual aid by a person of normal visual acuity;
(viii) "Commercial or industrial zone" means those areaswhich are reserved for business, commerce, or trade pursuant to comprehensivelocal zoning ordinances or regulation, or enabling state legislation, includinghighway service areas in which the primary use of the land is reserved forcommercial and roadside services other than outdoor advertising;
(ix) "Unzoned commercial or industrial area" meansthose areas not zoned by state or local law, regulation or ordinance which areoccupied by one (1) or more industrial or commercial activities other thanoutdoor advertising signs on the lands along the highways for a distance of sixhundred (600) feet immediately adjacent to the activities, and those landsdirectly opposite on the other side of the highway to the extent of the samedimensions; provided, those lands on the opposite side of the highway are notdeemed scenic or having aesthetic value;
(x) "Commercial or industrial activities" mean forpurposes of paragraph (viii) those activities generally recognized ascommercial or industrial by zoning authorities in this state, except that noneof the following activities shall be considered commercial or industrial:
(A) Agricultural, forestry, grazing, farming, and relatedactivities including wayside fresh produce stands;
(B) Transient or temporary activities;
(C) Activities not visible from the main-traveled way;
(D) Activities conducted in a building principally used as aresidence;
(E) Railroad tracks and minor sidings.
(b) All signs located within an unzoned area shall becomenonconforming if the commercial or industrial activity used in defining thearea ceases for a period of six (6) months.
24-10-104. Outdoor advertising visible from highways prohibited;exceptions.
(a) No outdoor advertising shall be erected or maintained whichis visible from the main-traveled way of the interstate or primary highways inthis state, except the following:
(i) Directional and other official signs and notices, whichsigns and notices shall include, but not be limited to, signs and noticespertaining to natural wonders, scenic and historic attractions, as authorizedor required by law;
(ii) Signs, displays and devices advertising the sale or leaseof property upon which they are located;
(iii) Signs, displays and devices advertising activitiesconducted on the property upon which they are located;
(iv) Signs, displays and devices located in areas which arezoned industrial or commercial within six hundred sixty (660) feet adjacent tothe highway right-of-way, under authority of law;
(v) Signs, displays and devices located in unzoned commercialor industrial areas, within six hundred sixty (660) feet adjacent to thehighway right-of-way, which areas shall be determined from actual land uses anddefined by regulations to be promulgated by the commission.
(b) Outdoor advertising authorized under paragraphs (a)(i),(iv) and (v) of this section shall conform with standards contained, and shallbear permits required, in regulations which are promulgated by the commissionunder this act. Paragraphs (a)(ii) and (iii) of this section are exempt.
24-10-105. Regulations of commission.
Thecommission is hereby authorized to make and promulgate regulations to controlthe erection and maintenance of outdoor advertising signs, displays and devicesalong the interstate and primary highway systems in conformance with the termsof this act and in conformity with section 131 of title 23, United States Codeas amended.
24-10-106. Size, lighting and spacing; where signs may be erected.
(a) The minimum standards and criteria for the size, lightingand spacing of outdoor advertising, and the criteria for unzoned commercial orindustrial zones or areas within the controlled area along the interstate andprimary systems designated in W.S. 24-10-104 shall conform to those promulgatedand submitted by the secretary of transportation to the congress of the UnitedStates on or about January 10, 1967.
(b) No sign face within the state of Wyoming shall exceed thefollowing limits:
(i) Maximum area - twelve hundred (1,200) square feet;
(ii) Maximum length - sixty (60) feet;
(iii) Maximum height - twenty-five (25) feet.
(c) No more than two (2) facings visible and readable from thesame direction on the main-traveled way may be erected on any one (1) signstructure. Whenever two (2) facings are so positioned, neither shall exceedthree hundred twenty-five (325) square feet.
(d) Double-faced, back-to-back and V-type signs shall beconsidered as a single sign or structure.
(e) No new sign shall be erected closer than five hundred (500)feet to an existing off-premises sign adjacent to an interstate highway;provided, that signs may be erected closer than five hundred (500) feet if thesign structures on the same side of the interstate are not simultaneouslyvisible and are separated by a building or other enclosed structure.
(f) No new sign shall be erected closer than one hundred fifty(150) feet to an existing off-premise sign adjacent to a primary highway;provided, that signs may be erected closer than one hundred fifty (150) feet ifthe sign structures on the same side of the highway are not visiblesimultaneously or are separated by a building or other enclosed structure.
(g) Signs may not be located within five hundred (500) feet ofany of the following which are adjacent to the highway, unless the signs are inan incorporated area:
(i) Public parks;
(ii) Public forests;
(iii) Public playground;
(iv) Scenic areas as designated by the department oftransportation or other state agency having and exercising such authority;
(v) Cemeteries.
(h) No sign may be located on an interstate highway or freewaywithin five hundred (500) feet of an interchange, or intersection at grade, orrest area measured in both directions from the point of widening asconstructed.
(j) The location of sign structure situated on the limitedaccess primary highways in commercial or industrial zoned area between streets,roads or highways entering or intersecting the main-traveled way shall conformto the following minimum spacing criteria:
(i) Where the distance between centerlines of intersectingstreets or highways is less than one thousand (1,000) feet, a minimum spacingbetween structures of one hundred fifty (150) feet may be permitted between theintersecting streets or highways;
(ii) Where the distance between centerlines of intersectingstreets or highways is one thousand (1,000) feet or more, minimum spacingbetween sign structures shall be three hundred (300) feet.
(k) The commission may, for good cause shown, permit a variancein the restrictions set forth herein.
24-10-107. Permits and identification tags.
(a) Within ninety (90) days after the effective date of thisact, no outdoor advertising authorized by W.S. 24-10-104(a)(i), (iv) and (v)shall be maintained without a permit. Applications for permits shall be made tothe commission on forms furnished by it. The commission shall requirereasonable information to be furnished, including a statement that the owner oroccupant of the land has consented to the erection or maintenance of the signor signs thereon. A permit must be obtained for each advertising structure andthe application for such permit must be accompanied by an initial fee of tendollars ($10.00).
(b) Permits shall be for three (3) years, shall be assigned apermit number, and shall be renewed annually thereafter upon payment of fivedollars ($5.00) without the filing of a new application. All fees shall be paidinto the state highway fund. All such fees collected shall be used by thecommission for relocation or damages, but not for administrative purposes.
(c) The commission shall issue with each new permit a permanentidentification tag not larger than six (6) square inches which shall be affixedto the sign in a position readily visible from the highway.
(d) Notwithstanding the foregoing provisions of this section,the commission shall issue permits and identification tags, upon applicationand payment of the requisite fee for any structure lawfully in existence on theday prior to the effective date of this act, and the permits shall thereafterbe renewed for such period of time as is prescribed herein, unless thestructure is removed for improper maintenance. Permits shall be obtained priorto the beginning of construction of any sign. Signs lawfully in place on theeffective date of this act shall have permits.
24-10-108. Revocation of permits and removal of signs.
Whenthe commission determines that a false or misleading statement has been made inthe application for a permit or that the structure for which a permit wasissued is not in a reasonable state of repair, is unsafe or in poor repair orotherwise in violation of this act, the commission shall notify the holder ofthe permit in writing, either by certified mail or by personal service, of theviolation and specify that remedial action shall be taken within thirty (30)days or the permit will be revoked and action for removal of the sign commencedas provided in W.S. 24-10-109. No notice is required prior to filing a complaintafter the notice period has lapsed. The provisions of this section apply to allsigns in existence prior to the effective date of this act.
24-10-109. What outdoor advertising deemed unlawful; procedure forremoval.
(a) The following outdoor advertising is deemed unlawful:
(i) When erected after the effective date of this act contraryto the provisions of this act; or
(ii) When a permit is not obtained as prescribed in this act; or
(iii) When a permittee fails to comply with a notice of violationas provided in W.S. 24-10-108.
(b) The commission shall give notice in writing, either bycertified mail or by personal service, to the owner or occupant of the land onwhich such advertising is located and the owner of the advertising structure,if the latter is known, or if unknown, by posting notice in a conspicuous placeon said structure of its intention to remove the advertising deemed unlawful.Within fifteen (15) days after notice, the owner of the land or the structuremay make written request for a hearing. The commission shall set a date for ahearing thirty (30) days after notice thereof is received. The hearing shall beconducted pursuant to the Wyoming Administrative Procedure Act governingcontested cases. The commission shall keep a full and complete record of suchhearing, make and enter its findings, conclusions and decisions in the matterand mail copies thereof by certified mail to the owner of the land and thestructure.
(c) If a hearing before the commission is not requested, or ifthere is no appeal taken from the commission's decision at such hearing, or ifthe commission's decision is affirmed on appeal, the commission shallimmediately remove the offending outdoor advertising at its own expense.
24-10-110. Power of commission to acquire and remove existingadvertising; compensation.
(a) The commission may acquire by gift, purchase, agreement,exchange or eminent domain any existing outdoor advertising and all propertyrights pertaining to same which were lawfully in existence on the effectivedate of this act and which by reason of this act become nonconforming.
(b) Compensation shall be paid in accordance with theRelocation Assistance Act for outdoor advertising and all property rightspertaining to same which are acquired by eminent domain. The agency isempowered to remove signs found in violation of W.S. 24-10-108 or 24-10-109without payment of compensation.
(c) Those signs meeting the criteria of the act shall not berequired to be removed unless at the time of removal there are sufficientfunds, from whatever source, appropriated and immediately available to thisstate with which to pay the just compensation required under this section, andunless at such time the federal funds required to be contributed to this stateunder section 131 of title 23, United States Code, have been appropriated andare immediately available to this state.
24-10-111. More restrictive ordinances saved.
Nothingin this act shall be construed to abrogate or affect the provisions of anylawful ordinance, regulation or resolution, which is more restrictive than theprovisions of this act.
24-10-112. Change of rules and regulations to conform with federal law.
Inthe event the general requirements of title 23, United States Code,"Highways", or existing rules and regulations of the United Statesdepartment of transportation become amended or changed to less restrictiveconditions than presently exist, then, the commission is empowered to amend orchange such rules and regulations that they may have adopted to come intoconformity with the federal law, rule and regulation; however, in no eventshall this act become more restrictive than is indicated herein by said federalaction.
24-10-113. Severability.
Ifany provisions of this act, or the application of any provision to any personor circumstance, is held invalid, the remainder of this act shall not beaffected thereby.
24-10-114. Outdoor advertising contracted for prior to enactment ofchapter.
Outdooradvertising contracted for prior to the enactment of this act and under theprovisions of the act becomes nonconforming shall not be regulated as suchuntil January 1, 1972.
24-10-115. Violations a misdemeanor.
Anyperson violating any provision of this act is guilty of a misdemeanor.
Thisact may be cited as the "Outdoor Advertising Act".
24-10-102. Declaration of policy and legislative intent.
Thelegislature finds and declares that in order to promote the safety, convenienceand enjoyment of travel on, and protection of the public investment in highwayswithin this state, and to preserve and enhance the natural scenic beauty oraesthetic features of the highways and adjacent areas, it shall be the policyof this state that the erection and maintenance of outdoor advertising in areasadjacent to the right-of-way of the interstate and primary systems within thisstate shall be regulated in accordance with the terms of this act and the rulesand regulations promulgated by the commission, pursuant thereto, and finds thatall outdoor advertising which does not conform to the requirements of the actare public nuisances. It is the intention of the legislature in this act toprovide a statutory basis for regulation of outdoor advertising consistent withthe public policy relating to areas adjacent to the interstate and primarysystems declared by congress in title 23, United States Code,"Highways".
24-10-103. Definitions.
(a) Except as otherwise provided, as used in this act:
(i) "Interstate system" means that portion of thenational system of interstate and defense highways located within this state,as officially designated, or as may hereafter be so designated by thecommission and approved by the secretary of transportation pursuant to theprovisions of title 23, United States Code, "Highways";
(ii) "Primary system" means that portion of connected mainhighways, as officially designated or as may hereafter be so designated by thecommission and approved by the secretary of transportation pursuant to theprovisions of title 23, United States Code, "Highways";
(iii) "Outdoor advertising" means any outdoor sign,display, light, device, figure, painting, drawing, message, plaque, poster,billboard, or other thing which is designed, intended or used to advertise orinform and which is visible from any place on the main-traveled way of theinterstate or primary systems;
(iv) "Commission" means the transportation commissionof Wyoming;
(v) "Safety rest area" means an area or siteestablished and maintained within or adjacent to the right-of-way by or underpublic supervision or control, for the convenience of the traveling public;
(vi) "Information center" means an area or siteestablished and maintained at safety rest areas for the purpose of informingthe public of places of interest within the state and providing such otherinformation as the commission may consider desirable;
(vii) "Visible" means capable of being seen, whether ornot legible, without visual aid by a person of normal visual acuity;
(viii) "Commercial or industrial zone" means those areaswhich are reserved for business, commerce, or trade pursuant to comprehensivelocal zoning ordinances or regulation, or enabling state legislation, includinghighway service areas in which the primary use of the land is reserved forcommercial and roadside services other than outdoor advertising;
(ix) "Unzoned commercial or industrial area" meansthose areas not zoned by state or local law, regulation or ordinance which areoccupied by one (1) or more industrial or commercial activities other thanoutdoor advertising signs on the lands along the highways for a distance of sixhundred (600) feet immediately adjacent to the activities, and those landsdirectly opposite on the other side of the highway to the extent of the samedimensions; provided, those lands on the opposite side of the highway are notdeemed scenic or having aesthetic value;
(x) "Commercial or industrial activities" mean forpurposes of paragraph (viii) those activities generally recognized ascommercial or industrial by zoning authorities in this state, except that noneof the following activities shall be considered commercial or industrial:
(A) Agricultural, forestry, grazing, farming, and relatedactivities including wayside fresh produce stands;
(B) Transient or temporary activities;
(C) Activities not visible from the main-traveled way;
(D) Activities conducted in a building principally used as aresidence;
(E) Railroad tracks and minor sidings.
(b) All signs located within an unzoned area shall becomenonconforming if the commercial or industrial activity used in defining thearea ceases for a period of six (6) months.
24-10-104. Outdoor advertising visible from highways prohibited;exceptions.
(a) No outdoor advertising shall be erected or maintained whichis visible from the main-traveled way of the interstate or primary highways inthis state, except the following:
(i) Directional and other official signs and notices, whichsigns and notices shall include, but not be limited to, signs and noticespertaining to natural wonders, scenic and historic attractions, as authorizedor required by law;
(ii) Signs, displays and devices advertising the sale or leaseof property upon which they are located;
(iii) Signs, displays and devices advertising activitiesconducted on the property upon which they are located;
(iv) Signs, displays and devices located in areas which arezoned industrial or commercial within six hundred sixty (660) feet adjacent tothe highway right-of-way, under authority of law;
(v) Signs, displays and devices located in unzoned commercialor industrial areas, within six hundred sixty (660) feet adjacent to thehighway right-of-way, which areas shall be determined from actual land uses anddefined by regulations to be promulgated by the commission.
(b) Outdoor advertising authorized under paragraphs (a)(i),(iv) and (v) of this section shall conform with standards contained, and shallbear permits required, in regulations which are promulgated by the commissionunder this act. Paragraphs (a)(ii) and (iii) of this section are exempt.
24-10-105. Regulations of commission.
Thecommission is hereby authorized to make and promulgate regulations to controlthe erection and maintenance of outdoor advertising signs, displays and devicesalong the interstate and primary highway systems in conformance with the termsof this act and in conformity with section 131 of title 23, United States Codeas amended.
24-10-106. Size, lighting and spacing; where signs may be erected.
(a) The minimum standards and criteria for the size, lightingand spacing of outdoor advertising, and the criteria for unzoned commercial orindustrial zones or areas within the controlled area along the interstate andprimary systems designated in W.S. 24-10-104 shall conform to those promulgatedand submitted by the secretary of transportation to the congress of the UnitedStates on or about January 10, 1967.
(b) No sign face within the state of Wyoming shall exceed thefollowing limits:
(i) Maximum area - twelve hundred (1,200) square feet;
(ii) Maximum length - sixty (60) feet;
(iii) Maximum height - twenty-five (25) feet.
(c) No more than two (2) facings visible and readable from thesame direction on the main-traveled way may be erected on any one (1) signstructure. Whenever two (2) facings are so positioned, neither shall exceedthree hundred twenty-five (325) square feet.
(d) Double-faced, back-to-back and V-type signs shall beconsidered as a single sign or structure.
(e) No new sign shall be erected closer than five hundred (500)feet to an existing off-premises sign adjacent to an interstate highway;provided, that signs may be erected closer than five hundred (500) feet if thesign structures on the same side of the interstate are not simultaneouslyvisible and are separated by a building or other enclosed structure.
(f) No new sign shall be erected closer than one hundred fifty(150) feet to an existing off-premise sign adjacent to a primary highway;provided, that signs may be erected closer than one hundred fifty (150) feet ifthe sign structures on the same side of the highway are not visiblesimultaneously or are separated by a building or other enclosed structure.
(g) Signs may not be located within five hundred (500) feet ofany of the following which are adjacent to the highway, unless the signs are inan incorporated area:
(i) Public parks;
(ii) Public forests;
(iii) Public playground;
(iv) Scenic areas as designated by the department oftransportation or other state agency having and exercising such authority;
(v) Cemeteries.
(h) No sign may be located on an interstate highway or freewaywithin five hundred (500) feet of an interchange, or intersection at grade, orrest area measured in both directions from the point of widening asconstructed.
(j) The location of sign structure situated on the limitedaccess primary highways in commercial or industrial zoned area between streets,roads or highways entering or intersecting the main-traveled way shall conformto the following minimum spacing criteria:
(i) Where the distance between centerlines of intersectingstreets or highways is less than one thousand (1,000) feet, a minimum spacingbetween structures of one hundred fifty (150) feet may be permitted between theintersecting streets or highways;
(ii) Where the distance between centerlines of intersectingstreets or highways is one thousand (1,000) feet or more, minimum spacingbetween sign structures shall be three hundred (300) feet.
(k) The commission may, for good cause shown, permit a variancein the restrictions set forth herein.
24-10-107. Permits and identification tags.
(a) Within ninety (90) days after the effective date of thisact, no outdoor advertising authorized by W.S. 24-10-104(a)(i), (iv) and (v)shall be maintained without a permit. Applications for permits shall be made tothe commission on forms furnished by it. The commission shall requirereasonable information to be furnished, including a statement that the owner oroccupant of the land has consented to the erection or maintenance of the signor signs thereon. A permit must be obtained for each advertising structure andthe application for such permit must be accompanied by an initial fee of tendollars ($10.00).
(b) Permits shall be for three (3) years, shall be assigned apermit number, and shall be renewed annually thereafter upon payment of fivedollars ($5.00) without the filing of a new application. All fees shall be paidinto the state highway fund. All such fees collected shall be used by thecommission for relocation or damages, but not for administrative purposes.
(c) The commission shall issue with each new permit a permanentidentification tag not larger than six (6) square inches which shall be affixedto the sign in a position readily visible from the highway.
(d) Notwithstanding the foregoing provisions of this section,the commission shall issue permits and identification tags, upon applicationand payment of the requisite fee for any structure lawfully in existence on theday prior to the effective date of this act, and the permits shall thereafterbe renewed for such period of time as is prescribed herein, unless thestructure is removed for improper maintenance. Permits shall be obtained priorto the beginning of construction of any sign. Signs lawfully in place on theeffective date of this act shall have permits.
24-10-108. Revocation of permits and removal of signs.
Whenthe commission determines that a false or misleading statement has been made inthe application for a permit or that the structure for which a permit wasissued is not in a reasonable state of repair, is unsafe or in poor repair orotherwise in violation of this act, the commission shall notify the holder ofthe permit in writing, either by certified mail or by personal service, of theviolation and specify that remedial action shall be taken within thirty (30)days or the permit will be revoked and action for removal of the sign commencedas provided in W.S. 24-10-109. No notice is required prior to filing a complaintafter the notice period has lapsed. The provisions of this section apply to allsigns in existence prior to the effective date of this act.
24-10-109. What outdoor advertising deemed unlawful; procedure forremoval.
(a) The following outdoor advertising is deemed unlawful:
(i) When erected after the effective date of this act contraryto the provisions of this act; or
(ii) When a permit is not obtained as prescribed in this act; or
(iii) When a permittee fails to comply with a notice of violationas provided in W.S. 24-10-108.
(b) The commission shall give notice in writing, either bycertified mail or by personal service, to the owner or occupant of the land onwhich such advertising is located and the owner of the advertising structure,if the latter is known, or if unknown, by posting notice in a conspicuous placeon said structure of its intention to remove the advertising deemed unlawful.Within fifteen (15) days after notice, the owner of the land or the structuremay make written request for a hearing. The commission shall set a date for ahearing thirty (30) days after notice thereof is received. The hearing shall beconducted pursuant to the Wyoming Administrative Procedure Act governingcontested cases. The commission shall keep a full and complete record of suchhearing, make and enter its findings, conclusions and decisions in the matterand mail copies thereof by certified mail to the owner of the land and thestructure.
(c) If a hearing before the commission is not requested, or ifthere is no appeal taken from the commission's decision at such hearing, or ifthe commission's decision is affirmed on appeal, the commission shallimmediately remove the offending outdoor advertising at its own expense.
24-10-110. Power of commission to acquire and remove existingadvertising; compensation.
(a) The commission may acquire by gift, purchase, agreement,exchange or eminent domain any existing outdoor advertising and all propertyrights pertaining to same which were lawfully in existence on the effectivedate of this act and which by reason of this act become nonconforming.
(b) Compensation shall be paid in accordance with theRelocation Assistance Act for outdoor advertising and all property rightspertaining to same which are acquired by eminent domain. The agency isempowered to remove signs found in violation of W.S. 24-10-108 or 24-10-109without payment of compensation.
(c) Those signs meeting the criteria of the act shall not berequired to be removed unless at the time of removal there are sufficientfunds, from whatever source, appropriated and immediately available to thisstate with which to pay the just compensation required under this section, andunless at such time the federal funds required to be contributed to this stateunder section 131 of title 23, United States Code, have been appropriated andare immediately available to this state.
24-10-111. More restrictive ordinances saved.
Nothingin this act shall be construed to abrogate or affect the provisions of anylawful ordinance, regulation or resolution, which is more restrictive than theprovisions of this act.
24-10-112. Change of rules and regulations to conform with federal law.
Inthe event the general requirements of title 23, United States Code,"Highways", or existing rules and regulations of the United Statesdepartment of transportation become amended or changed to less restrictiveconditions than presently exist, then, the commission is empowered to amend orchange such rules and regulations that they may have adopted to come intoconformity with the federal law, rule and regulation; however, in no eventshall this act become more restrictive than is indicated herein by said federalaction.
24-10-113. Severability.
Ifany provisions of this act, or the application of any provision to any personor circumstance, is held invalid, the remainder of this act shall not beaffected thereby.
24-10-114. Outdoor advertising contracted for prior to enactment ofchapter.
Outdooradvertising contracted for prior to the enactment of this act and under theprovisions of the act becomes nonconforming shall not be regulated as suchuntil January 1, 1972.
24-10-115. Violations a misdemeanor.
Anyperson violating any provision of this act is guilty of a misdemeanor.
