72-7-504.  Advertising prohibited near interstate or primary system — Exceptions — Logo advertising — Department rules.

(1)  As used in this section, “specific service trailblazer sign” means a guide sign that provides users with business identification or directional information for services and eligible activities that are advertised on a logo advertising sign authorized under Subsection (3)(a)(i).

Terms Used In Utah Code 72-7-504

  • Commercial or industrial zone: means only:
(i) those areas within the boundaries of cities or towns that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations;
(ii) those areas within the boundaries of urbanized counties that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations;
(iii) those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns that:
(A) are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; and
(B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way; or
(iv) those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way that are reserved for business, commerce, or trade under enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually used for commercial or industrial purposes. See Utah Code 72-7-502
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Directional signs: means signs containing information about public places owned or operated by federal, state, or local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the interest of the traveling public. See Utah Code 72-7-502
  • Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being. See Utah Code 72-7-502
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Main-traveled way: means the through traffic lanes, including auxiliary lanes, acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and ramps. See Utah Code 72-7-502
  • Maintain: means to allow to exist, subject to the provisions of this chapter. See Utah Code 72-7-502
  • Official signs and notices: means signs and notices erected and maintained by public agencies within their territorial or zoning jurisdictions for the purpose of carrying out official duties or responsibilities in accordance with direction or authorization contained in federal, state, or local law. See Utah Code 72-7-502
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
    • (2)  Outdoor advertising that is capable of being read or comprehended from any place on the main-traveled way of an interstate or primary system may not be erected or maintained, except:

    (a)  directional and other official signs and notices authorized or required by law, including signs and notices pertaining to natural wonders and scenic and historic attractions, informational or directional signs regarding utility service, emergency telephone signs, buried or underground utility markers, and above ground utility closure signs;

    (b)  on-premise signs advertising the sale or lease of property upon which the on-premise signs are located;

    (c)  on-premise signs advertising major activities conducted on the property where the on-premise signs are located;

    (d)  public assembly facility signs;

    (e)  unified commercial development signs that have received a waiver as described in Section 72-7-504.6;

    (f)  signs located in a commercial or industrial zone;

    (g)  signs located in unzoned industrial or commercial areas as determined from actual land uses; and

    (h)  logo advertising under Subsection (3).

    (3) 

    (a)  The department may itself or by contract erect, administer, and maintain informational signs:

    (i)  on the main-traveled way of an interstate or primary system, as it existed on June 1, 1991, specific service signs for the display of logo advertising and information of interest, excluding specific service trailblazer signs as defined in rules adopted in accordance with Section 41-6a-301, to the traveling public if:

    (A)  the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in the lease or other contract agreement with a private party for the sign or sign space; and

    (B)  the private party for the lease of the sign or sign space pays an amount set by the department to be paid to the department or the party under contract with the department under this Subsection (3); and

    (ii)  only on rural conventional roads as defined in rules adopted in accordance with Section 41-6a-301 in a county of the fourth, fifth, or sixth class for tourist-oriented directional signs that display logo advertising and information of interest to the traveling public if:

    (A)  the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in the lease or other contract agreement with a private party for the tourist-oriented directional sign or sign space; and

    (B)  the private party for the lease of the sign or sign space pays an amount set by the department to be paid to the department or the party under contract with the department under this Subsection (3).

    (b)  The amount shall be sufficient to cover the costs of erecting, administering, and maintaining the signs or sign spaces.

    (c) 

    (i)  Any sign erected pursuant to this Subsection (3) which was existing as of March 1, 2015, shall be permitted as if it were in compliance with this Subsection (3).

    (ii)  A noncompliant sign shall only be permitted for the contract period of the advertising contract.

    (iii)  A new advertising contract may not be issued for a noncompliant sign.

    (d)  The department may consult the Governor’s Office of Economic Opportunity in carrying out this Subsection (3).

    (4) 

    (a)  Revenue generated under Subsection (3) shall be:

    (i)  applied first to cover department costs under Subsection (3); and

    (ii)  deposited into the Transportation Fund.

    (b)  Revenue in excess of costs under Subsection (3)(a) shall be deposited into the General Fund as a dedicated credit for use by the Governor’s Office of Economic Opportunity no later than the following fiscal year.

    (5)  Outdoor advertising under Subsections (2)(a), (f), (g), and (h) shall conform to the rules made by the department under Sections 72-7-506 and 72-7-507.

    Amended by Chapter 282, 2021 General Session

      Previous section
    Next section  
     Part 5 Contents