Title 32, Chapter 6, Section 70
( 32-6-70)
(a) The General Assembly declares it to be the policy of this state
that the erection or maintenance of outdoor advertising in areas
adjacent to the rights of way of roads of the state highway system,
which roads are also a part of the interstate and primary systems of
highways within the state, shall be regulated in accordance with the
terms of this part and the regulations promulgated by the
commissioner pursuant thereto and that all outdoor advertising which
does not conform to the requirements of this part is a public
nuisance. The General Assembly recognizes that the outdoor
advertising industry is a bona fide commercial function. However, in
no manner shall any outdoor advertising sign be defined as a
commercial or industrial activity or be used for the purposes of
administering this part. It is the intention of the General Assembly
to provide a statutory basis for the regulation of outdoor
advertising, such basis to be consistent with the public policy
relating to areas adjacent to roads of the state highway system
which also form a part of the interstate and primary systems of
highways declared by the Congress in Title 23, Section 103, United
States Code. (b) The General Assembly further declares it to be the policy of this state to avert substantial economic hardship by the retention, in specific areas defined by the board, upon request made by the Department of Transportation and approved by the United States Secretary of Transportation, of directional signs, displays, and devices which were lawfully erected under state law in force at the time of their erection, which were in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73, where it can be demonstrated that such signs, displays, and devices (1) provide directional information about goods and services in the specific interest of the traveling public and (2) are such that removal would work a substantial economic hardship in such defined area. |