RSA 236:73 · Restriction of Advertising

236:73 Restriction of Advertising. – After January 1, 1970, no advertising devices shall be erected or maintained within a federal highway adjacent area and after January 1, 1972, no advertising devices shall be erected or maintained within a turnpike adjacent area except the following:

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I.

Advertising devices located in a zoned area erected and maintained without violation of RSA 236:71, 72 and 74 follows:

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(a)

Adjacent to segments of the interstate system legally zoned on September 21, 1959, as commercial or industrial, except that after July 1, 1977, no such advertising devices shall be maintained outside urban areas in locations beyond 660 feet from the highway right-of-way and visible from the main traveled way.

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(b)

Along the federal aid primary and turnpike systems in a zoned commercial or industrial area, except that after July 1, 1977, no such advertising devices shall be maintained outside urban areas in locations beyond 660 feet from the highway right-of-way and visible from the main traveled way.

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II.

Advertising devices located along the federal aid primary or turnpike systems in an unzoned commercial or industrial area and erected and maintained without violation of RSA 236:71, 72 and 74 other than such devices located in such an area determined by the commissioner of transportation to be predominantly residential, except that after July 1, 1977, no such advertising devices shall be maintained outside urban areas in locations beyond 660 feet from the highway right-of-way and visible from the main traveled way.

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III.

On premise signs which are to be erected and maintained on the property for the purpose of setting forth:

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(a)

The name and address of the owner, lessee, or occupant of the property;

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(b)

Information required by law to be posted or displayed on the property;

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(c)

The name of the business or profession conducted on the property, or an identification of the goods or services produced or sold on such property, provided, not more than one such sign, visible to traffic proceeding in any one direction on any one interstate, federal aid primary or turnpike highway and advertising activities being conducted on the real property where the sign is located shall be permitted more than 50 feet from the advertised activity; and

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(d)

Advertising devices indicating the sale or leasing of the real property upon which they are placed, provided, not more than one such sign advertising the sale or lease of the same property shall be permitted in such a manner as to be visible to traffic proceeding in any one direction on any one interstate, federal aid primary or turnpike highway.

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IV.

Directional, informational or official signs:

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(a)

Within the right-of-way as determined by the commissioner of transportation to be in the specific interest of the traveling public and which conform to national standards as promulgated by the Secretary of Transportation; and

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(b)

Off the right-of-way as may be permitted under rules adopted by the commissioner of transportation. Such signs may include signs directing the traveling public to privately owned resorts, hotels, restaurants or other commercial establishments catering to the traveling public where the commissioner of transportation determines that such a sign is necessary to the continued operation of such commercial establishment and that traffic safety is best served by providing such a sign to the traveling public thereby avoiding confusion on the part of the motorist. Any such directional sign shall be erected and maintained by the commercial establishment involved under rules adopted by the commissioner, and which conform to national standards as promulgated by the Secretary of Transportation; or

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(c)

Within the right-of-way or off the right-of-way of primary or secondary highways and roads of and within the state, but not highways on the interstate system or turnpike system, business directional signs subject to specific approval and issuance of permit by the commissioner of transportation, provided that any such business directional sign shall be erected and maintained by the applicant under rules adopted by the commissioner pursuant to RSA 541-A.

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V.

Political signs which are placed within a federal highway or turnpike adjacent area by supporters of the candidate shall be subject to removal at any time by the department of transportation if such signs create a traffic hazard; provided, the areas allowed shall be restricted to federal aid primary and turnpike highways and not interstate highways. The candidate shall cause such political signs to be removed within the period specified for their removal in RSA 664:17. V-a. Farm signs located in federal highway adjacent areas except interstate highway adjacent areas, provided that such signs shall be maintained without violation of RSA 236:71, 72, and 74, and further provided that such signs may be erected and maintained only by farms actively engaged in the production, processing, or selling of New Hampshire grown agricultural products.

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VI.

No sign which is to be permitted under paragraphs II, IV and V of this section may be permitted to be erected or maintained, in any manner inconsistent with standards, criteria, and rules and regulations to be promulgated by the commissioner of transportation that are necessary in order to meet the requirements of section 131 of Title 23, United States Code. No advertising device, notwithstanding any other provision of this subdivision, will be permitted which does not conform to the national standards found in chapter 1, part 20 of Title 23, Code of Federal Regulations. Source. RSA 249-A:5. 1961, 269:1. 1963, 3:2. 1969, 429:1. 1971, 245:1. 1975, 448:2. 1977, 87:2. 1981, 87:1; 476:3. 1985, 402:6, I(a)(7), (b)(7). 1987, 209:9, eff. July 14, 1987.

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