RSA 236:74 · Regulation of Erection and Maintenance of Certain Advertising Devices

236:74 Regulation of Erection and Maintenance of Certain Advertising Devices. – Subject to the provisions of RSA 236:71, 72 and 73 and except as otherwise provided in RSA 236:77, after January 1, 1970, erection and maintenance of advertising devices located in federal highway adjacent areas and after January 1, 1972, erection and maintenance of advertising devices located in turnpike adjacent areas, other than such devices permitted under RSA 236:73, III, IV and V shall be governed by the following provisions:

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I.

General. With respect to advertising devices located in federal highway or turnpike adjacent areas:

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(a)

No device may be erected or maintained that is inconsistent with the following:

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(1)

No sign may be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles any official traffic sign, signal or device.

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(2)

No sign may be permitted which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic.

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(3)

No lighting may be permitted to be used in any way in connection with any 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 interstate, federal aid primary or turnpike highways, or is of such low intensity or brilliance as not to cause glare or not to impair the vision of the driver of any motor vehicle, or does not otherwise interfere with any driver's operation of a motor vehicle.

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(4)

No sign may be permitted to be erected or maintained upon trees, or painted or drawn upon rocks or other natural features, or upon utility poles.

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(5)

No sign may be permitted which is obsolete, not clean and in good repair, or that is not securely affixed to a substantial structure.

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(6)

No advertising device which is not in conformance with state law shall be permitted to be re-erected if destroyed or abandoned. An exception may be granted by the commissioner for advertising devices destroyed due to acts of vandalism or other criminal or tortious acts.

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(b)

An advertising device shall not be maintained without the attachment thereto of a weatherproof label, which label shall be provided by the commissioner of transportation, and shall contain the number of the permit.

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(c)

An advertising device shall not be maintained unless the name of the permittee appears legibly thereon. Whether a name appears legibly shall be determined by the commissioner of transportation in accordance with such standards as he may from time to time prescribe.

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II.

Size. With respect to advertising devices located in federal highway or turnpike adjacent areas or in view of any interstate, federal aid primary or turnpike highway:

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(a)

Advertising devices may be erected with, but only with, an area not exceeding 750 square feet and with a maximum height of 20 feet and a maximum length of 50 feet, excluding border and trim, base or apron, supports and other structural members; provided that the commissioner shall permit the maintenance of devices of larger size if lawfully erected prior to January 1, 1970 and otherwise permitted by the provisions of this subdivision.

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(b)

The maximum size limitations shall apply to each facing. Two advertising devices not exceeding 350 square feet each may be erected in a facing.

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(c)

Farm signs maintained under RSA 236:73, V-a may be erected with an area not exceeding 48 square feet and with a maximum height of 8 feet and maximum length of 12 feet, excluding border and trim, base or apron, supports, and other structural members; provided that the maximum size limitation shall apply to each facing. Two farm signs not exceeding 24 square feet each may be erected in a facing.

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III.

Lighting. Advertising devices located in federal highway or turnpike adjacent areas may be lighted, subject only to such restriction with respect to devices to be erected as may from time to time be prescribed by the commissioner.

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IV.

Location. With respect to advertising devices located in federal highway or turnpike adjacent areas:

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(a)

Advertising devices shall not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic, as determined by the commissioner.

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(b)

Required spacing for advertising devices to be erected or maintained on one side of an interstate, turnpike or limited access federal aid primary highway shall be not less than 500 feet provided, however, that such spacing shall not apply to devices which are separated by a building or other obstruction in such manner that only one such device is visible from such highway at any one time.

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(c)

No advertising device may be erected with respect to an interstate, limited access federal aid primary, or turnpike highway within 500 feet of an interchange or safety rest area located on the same side of the highway on which such sign might otherwise be erected. For purposes of RSA 236:74, IV(c) such distance of 500 feet shall be measured along the edge of the main traveled way of any such highway from the point of beginning or ending of pavement widening with respect to an exit from, or an entrance to, such main traveled way, to or from an interchange or a safety rest area, provided, however, that with respect to an interchange which consists of an entrance or an exit only, such distance shall be measured from the center line of the highway intersected by any such highway in the direction from such interchange in which there is no entrance or exit, as the case may be.

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(d)

Required spacing for advertising devices to be erected or maintained on one side of a nonlimited access federal aid primary highway in municipalities of 4,000 population or more shall be:

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(1)

One hundred feet where the distance between center lines of 2 highways intersecting any such highway is less than 1,000 feet provided that not more than 3 devices shall be erected or maintained between such intersecting highways; and

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(2)

Three hundred feet where the distance between center lines of intersecting highways is 1,000 feet or more.

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(e)

Required spacing for advertising devices to be erected or maintained on both sides of a nonlimited access federal aid primary highway in municipalities of less than 4,000 population shall be 300 feet.

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(f)

In this paragraph, the following shall apply: Back-to-back advertising devices, devices erected on a v-type structure, and 2 devices erected in a single facing shall be considered one advertising device. The word "highways" or the words "intersecting highways" shall not include alleys, undeveloped rights-of-way, private ways or driveways. Distances from advertising devices which are erected or maintained or are able to be erected, or distances to such devices, shall be measured along the edge (nearest to any such devices or any locations in which such devices are able to be erected) of the main traveled way of an interstate, federal aid primary or turnpike highway from or to points on such edge directly opposite such devices or locations. Advertising devices permitted under RSA 236:73, III, IV, and V shall not be considered advertising devices for purposes of any measurement or determination made under this paragraph, or for purposes of any other requirements of this paragraph. Advertising devices permitted under RSA 236:73, V-a shall not be considered advertising devices for purposes of any measurement or determination made under subparagraph (b), (d), or (e), but for such advertising devices to be erected or maintained on both sides of a federal aid primary highway, the required spacing shall be 1,000 feet.

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(g)

Farm signs to be erected or maintained under RSA 236:73, V-a shall be located not farther than 10 miles from the property where the advertised activities are located.

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V.

Height. With respect to advertising devices located adjacent to any interstate, federal aid primary, or turnpike highway, no advertising device shall exceed a height of 50 feet from the base of the structure. Source. RSA 249-A:6. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1981, 87:1; 476:4, 5. 1985, 402:6, I(b)(7). 2000, 109:1, 2, eff. July 7, 2000.

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