CHAPTER 306B OUTDOOR ADVERTISING ALONG INTERSTATE HIGHWAYS
306B.1 DEFINITIONS.
306B.2 ADVERTISING PROHIBITED -- EXCEPTIONS.
306B.3 RULES.
306B.4 PURCHASE OF EXISTING SIGNS.
306B.5 REMOVAL AFTER NOTICE.
306B.6 MISDEMEANOR.
306B.7 FEDERAL AGREEMENTS.
306B.8 FUNDS ACCEPTED.



        

306B.1 DEFINITIONS. As used in this chapter: 1. "Advertising device" includes any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other device designed, intended, or used to advertise or to give information in the nature of advertising and having the capacity of being visible from the traveled portion of any highway of the interstate system in this state. 2. "Department" means the state department of transportation. 3. "Interstate system" means the system of highways as defined in Title 23 U.S.C. 103, subsection "e" or amendments thereto. 4. "National policy" means the provisions relating to control of advertising devices adjacent to the interstate system contained in Title 23 U.S.C. 131 or amendments thereto and the national standards promulgated pursuant to such provisions.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 306B.1]
        

306B.2 ADVERTISING PROHIBITED -- EXCEPTIONS. No advertising device shall be erected or maintained within six hundred sixty feet of the edge of the right of way of the interstate system except the following: 1. Directional or other official signs or notices that are erected by public officers or agencies and required or authorized by law. 2. Advertising devices in compliance with national policy and rules promulgated by the department which indicate the sale or lease of the property upon which such devices are located or which advertise activities being conducted on the property where the devices are located providing said rules promulgated by the said department shall not be more restrictive than required to conform to the national standards as set forth in Title 23, United States Code. 3. Advertising devices in compliance with national policy and rules promulgated by the department which are designed to give information in the specific interest of the traveling public. 4. Advertising devices that are located in areas zoned and used for commercial or industrial purposes under authority of law, regulation, or ordinance of this state or a political subdivision of this state. For purposes of this subsection, "areas zoned and used for commercial or industrial purposes" means an area zoned for commercial or industrial purposes in accordance with chapter 414, in the case of city zoning, or in accordance with chapter 335, in the case of county zoning, in which one or more commercial or industrial activities, as defined under the city or county zoning ordinance, are located.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 306B.2] 

         Section History: Recent Form

         97 Acts, ch 104, §1; 2002 Acts, ch 1070, §1, 2
         Referred to in § 306B.3, 306C.10, 306C.13
        

306B.3 RULES. The department shall promulgate and enforce rules consistent with the safety of the traveling public and in compliance with national policy governing the erection, maintenance, and frequency of advertising devices within six hundred sixty feet of the edge of the right of way of the interstate system which are authorized by this chapter and which are outside of commercial and industrial zones designated in section 306B.2, subsection 4.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 306B.3]
        

306B.4 PURCHASE OF EXISTING SIGNS. The department shall acquire by purchase, gift, or condemnation all advertising devices existing on May 21, 1965, which violate the provisions of this chapter or which fail to conform to rules promulgated by the said department under this chapter and all rights and interests of all persons in and to such devices; except that in instances involving any authorized device which fails to conform to rules, the said department shall give notice to the owner of the device and to the owner of the land on which the device is located and shall give the owner and landowner time to conform to such rules as provided in section 306B.5 before proceeding as directed in this section. The provisions of chapters 6A and 6B shall be applicable to any such condemnation and the said department shall have the right to take immediate possession of and remove such devices under the procedures of section 6B.25.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 306B.4]
        

306B.5 REMOVAL AFTER NOTICE. Any advertising device erected or maintained adjacent to any interstate system after May 21, 1965 in violation of this chapter or the rules promulgated by the department, is a public nuisance and may be removed by the department upon thirty days' notice, by certified mail, to the owner of the advertising device and to the owner of the land on which the advertising device is located. The notice shall require such owners to remove the advertising device if it is prohibited or to cause it to conform to this chapter or rules promulgated by the department if it is not prohibited. 1. If the owner of the advertising device or the landowner fails to act within thirty days as required in the notice, the advertising device shall be deemed to be forfeited and the department may enter upon the land and remove the advertising device. Such entry after notice, shall not be deemed a trespass and the department may be aided by injunction to abate the nuisance and to insure peaceful entry. 2. The cost of removal, including fees, costs and expenses which arise out of an action brought by the department to insure peaceful entry and removal, may be assessed against the owner of the advertising device. If the owner of the advertising device fails to pay the fees, costs, or expenses within thirty days after assessment, the department may commence an action to collect the fees, costs, or expenses, which when collected shall be paid into the "highway beautification fund".

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 306B.5] 

         Section History: Recent Form

         83 Acts, ch 186, § 10067, 10201
         Referred to in § 306B.4, 306C.10
         Nuisances in general, chapter 657
        

306B.6 MISDEMEANOR. Whoever erects or maintains an advertising device in violation of this chapter or in violation of rules and regulations promulgated by the department under this chapter shall be guilty of a simple misdemeanor.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 306B.6]
        

306B.7 FEDERAL AGREEMENTS. The department may enter into agreements with the secretary of commerce of the United States concerning the erection, maintenance, regulation, location, frequency and related matters of advertising devices permitted under this chapter.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 306B.7]
        

306B.8 FUNDS ACCEPTED. The department may accept any allotment of funds by the United States or any department or agency thereof appropriated under Title 23 U.S.C. or amendments thereto to accomplish the purposes of this chapter.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 306B.8]

Previous Chapter
306A      Next Chapter 306C

Return To Home