Title 40 — HIGHWAYS AND BRIDGES

40-1901. Legislative intent and policy — Tourist related advertising devices. (1) The state of Idaho herewith finds and determines that the removal of tourist related signs which were lawfully created under state law in force at the time of their erection which do not conform to …

40-1902. Erecting and maintaining advertising displays. The provisions of this chapter and the regulation of erecting and maintaining advertising displays, insofar as the regulation may affect erecting and maintaining advertising displays visible from the interstate or primary sy…

40-1903. County zoning ordinances. It is the intention of the legislature to occupy the whole field of regulation by this chapter, except that nothing in this chapter prohibits enforcement of any or all of its provisions by persons designated to act by appropriate ordinances duly…

40-1904. Private and public notices. Nothing contained in this chapter applies to any advertising display used exclusively for: (1) Directional and other official signs and notices erected or maintained by public officers or agencies pursuant to and in accordance with direction o…

40-1905. Licenses required — Application. (1) No person shall engage in or carry on the business or occupation of outdoor advertising without first having paid the license fee provided by this chapter. (2) An application for a license shall be made by each outdoor advertising bus…

40-1906. Permits for placing advertising display — Application. (1) No person shall place any advertising display within the area affected by the provisions of this chapter in this state without first having secured a written permit from the department. (2) A separate application…

40-1907. Permits and licenses — Issuance — Fees. (1) The department, in accordance with the provisions of this chapter, shall issue or renew permits and licenses for a period of at least one (1) year for the erection or maintenance of all type of outdoor advertising structures, s…

40-1908. Bond of out-of-state licensee or permittee. When an application for a license or permit or for renewal is made by a nonresident or by a foreign corporation engaged in the business of outdoor advertising, the department in its discretion, as a condition to the issuance of…

40-1909. Identification of advertising structures — Placing structure without permit plate — Violation. (1) The department shall require that each outdoor advertising structure, sign or display shall bear an identification tag or plate to be issued by the department, and if erect…

40-1910. Location of displays. No advertising display shall be placed or maintained in any of the following locations or positions or under any of the following conditions or if the advertising structure or sign is of the following nature: (1) Within the right-of-way of any highw…

40-1910A. Removal of off-premises outdoor advertising prohibited without compensation. (1) No governmental entity, including the state, or any municipality, county or other political subdivision shall remove or cause to be removed any legally placed off-premises outdoor advertisi…

40-1911. General prohibitions. Notwithstanding any other provision of this chapter, no advertising display shall be erected or maintained within six hundred sixty (660) feet from the edge of the right-of-way of the interstate and primary system of highways within this state excep…

40-1912. Industrial or commercial zones. (1) The provisions of section 40-1911, Idaho Code, shall not apply to those segments of the interstate and primary system of highways which traverse and abut on commercial, business or industrial zones within the boundaries of incorporated…

40-1913. Removal of displays. Any outdoor advertising which is not in compliance with the provisions of this chapter may be removed by the department. Just compensation shall be paid upon the removal of any outdoor advertising sign, display, or device lawfully erected under state…

40-1914. Local ordinances. The provisions of this chapter shall not be construed as permitting a person to place or maintain in existence on or adjacent to any interstate or primary highway, any outdoor advertising prohibited by law or by an ordinance of a city or county.

40-1915. Nuisances. All advertising displays which are placed or which exist in violation of the provisions of this chapter are public nuisances and may be removed by any public employee as is further provided in this chapter.

40-1916. Penalty — Remedies cumulative. (1) Any person who erects an advertising display, or who, as principal, agent or employee, causes or orders an advertising display to be erected, or one who permits an advertising display to be erected or maintained on land owned or leased …

40-1919. Junkyards as public nuisances. For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highwa…

40-1920. License — Renewal — Fee. No person shall operate, establish, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system without obtaining a license from the b…

40-1921. Requirements for license. Licenses shall be granted for the operation of those junkyards within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system meeting the following requirements: (1) Are screened by na…

40-1922. Dump permits — Renewal — Fee — Screening by owner. No person shall operate, establish, or maintain a dump, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system without obtainin…

40-1925. Enforcement — Revocation of license or permit — Notice — Hearing. (1) The department or board may revoke any license or permit for the failure to comply with the provisions of this chapter and may remove and destroy any advertising display placed or maintained in violati…

40-1926. Violations as public nuisances — Injunctions — Venue. All violations of this chapter are hereby declared to be public nuisances. The board may apply to the district court of the county in which the unlawful junkyard or dump is located for an injunction prohibiting furthe…