Amendment 203

Amendment ID: S2023-203

Amendment 203

Outdoor Advertising

Mr. Petruccelli moves to amend the amendment by inserting, at the end, the following new section:-

Section XX. “The General Laws, as appearing in the 2010 official edition, is hereby amended by striking out chapter 93D and inserting in place thereof the following chapter:-

“Section 1. In this chapter and in chapter 6C unless the context otherwise requires, the following words shall have the following meanings:-

"Department", the Massachusetts Department of Transportation established by section 2 of chapter 6C.

"Information center", an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the department may consider desirable.

"Interstate system", that portion of the national system of interstate and defense highways located within this commonwealth, as officially designated, or as may be hereafter so designated, by the department, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, United States Code, "Highways".

“Landmark Sign”, a sign that was lawfully in existence on October 22, 1965 as determined by the department and approved by Federal Highway Administration as a landmark sign in accordance with applicable federal regulation.

“National Highway System”, the federal aid highway system described in section 103(b) of Title 23 of the United States Code.

“Non-conforming or grandfathered sign”, a sign that was lawfully erected, but which at a later date does not comply with the provisions chapter 6C, this chapter, department regulations, 23 U.S.C. or 23 CFR 750.101 et. seq., or which at a later date fails to comply with the above referenced statutes and regulations due to changed conditions. Illegally erected or maintained signs are not non-conforming or grandfathered signs.

“On-premise sign”, a sign which consists solely of the name of the establishment or which identifies the establishment's primary or principal products or services offered on the property is an on-premise sign. When a sign consists principally of a logo, brand name or trade name advertising and the product or service advertised is only incidental to the primary or principal activity, or if the sign generates revenue for the property owner, it shall be considered the business of outdoor advertising and not an on-premise sign. A sale or lease sign which also advertises any product or service not conducted upon and unrelated to the business or selling or leasing the land on which the sign is located is not an on-premise sign.

"Outdoor advertising", any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main travelled way of the interstate, primary systems, public way, public park or reservation.

"Primary systems", that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the department, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, United States Code, "Highways".

"Safety rest area", an area or site established and maintained within or adjacent to the right of way by or under public supervision or control, for the convenience of the traveling public.

"Secretary", the United States Secretary of Transportation.

"Urban area", urban area as defined in subsection (a) of section 101 of Title 23 of the United States Code.

Section 2. No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the public way, main travelled way of a highway in the interstate, primary systems or national highway system except the following:

(a) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, as required or authorized by law or by the department, and which conform to standards promulgated by the secretary under Title 23 of the United States Code.

(b) Signs, displays and devices advertising the principal business or primary activity conducted on the property upon which they are located.

(d) Signs, displays and devices which are located in areas which are zoned industrial or commercial under authority of law and which have permits issued under the provisions of section 3.

(e) Signs, displays and devices which are located in unzoned commercial or industrial areas which areas shall be determined from actual land use and defined by regulations to be promulgated by the department and which have permits issued under the provisions of section 3.

(f) Signs lawfully in existence on October 22, 1965 and lawfully maintained thereafter, determined by the department and subject to the approval of the secretary, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this section, and which have permits issued under the provisions of section 3.

Section 2A. No outdoor advertising shall be erected or maintained more than 660 feet of the nearest edge of the right-of-way and visible from the public way, main travelled way of a highway in the interstate, primary systems or national highway system if such outdoor advertising is located outside of urban areas and erected with the purpose of their message being read from such main travelled way.

Section 2B. Only off-premise signs which have been continuously permitted by the department and utilized since their erection shall be eligible for non-conforming or grandfathered status. In no event shall on-premise displays be eligible for the protection of non-conforming or grandfathered status. Non-conforming or grandfathered signs shall not be altered in any way other than ordinary maintenance. If any such sign is modified in any way or removed, it shall lose its non-conforming or grandfathered status.

Section 3. Under the procedures set forth in chapter 6C, the department is authorized to issue permits for the erection and maintenance of signs, displays and devices described in clauses (a), (d), (e) and (f), of section 2; provided, however, that the erection and maintenance thereof would comply with applicable ordinances and by-laws, with standards promulgated by the secretary under Title 23, United States Code, and with agreements between the department and the said secretary authorized by section 7 of this chapter. Nothing in this section shall apply to signs, displays or devices referred to in clauses (b) and (c) of section 2.

Nothing in this chapter shall be construed to prohibit the department from adopting lawful regulations imposing stricter limitations with respect to signs, displays and devices on the public way, interstate, primary systems or national highway systems.

Section 4. Any outdoor advertising which violates the provisions of chapter 6C or this chapter shall be deemed a public nuisance. The department shall have the same power to abate and remove any such nuisance as is given the board of health of a town under sections 123 to 125, inclusive, of chapter 111, and the provisions of said sections shall, so far as applicable, apply in the case of a nuisance as herein defined. The remedy provided herein shall be in addition to any other remedy provided by law.

Section 5. The supreme judicial and superior courts shall have jurisdiction in equity upon the petition of the department, the attorney general, of any city or town or any officer thereof, to restrain the erection or maintenance of any outdoor advertising erected or maintained in violation of any provisions of this chapter, and to order the removal or abatement of such outdoor advertising as a nuisance.

Section 6. The department is hereby authorized to maintain maps and to permit informational directories and advertising signs and pamphlets to be made available at rest areas, and to establish centers at rest areas for the purpose of informing the public of places of interest within the commonwealth and providing such other information as may be considered desirable.

Section 7. The department is hereby authorized to enter into an agreement with the secretary, as provided by Title 23 of the United States Code, to establish standards for size, lighting and spacing of signs, displays and devices described in subsections (d) and (e) of section 2, and to define an unzoned commercial or industrial area for the purposes of said section, and to take action in the name of the commonwealth to comply with the terms of such agreement.

The department is further authorized to enter into an agreement with the secretary as provided by said Title 23 of the United States Code, relating to the establishment of information centers at safety rest areas, and to take action in the name of the commonwealth to comply with the terms of such agreement.