Title 31 — HIGHWAYS AND BRIDGES

It is a Class 2 misdemeanor for any person to erect or construct along the streets or highways adjoining any cemetery, or within three hundred feet of any cemetery, any billboard, advertising sign, or unsightly object without first obtaining the written consent of the proper offi…

The Department of Transportation may acquire and improve strips of land necessary for acquisition of publicly owned and controlled rest areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public.…

The interest in any land authorized to be acquired and maintained under § 31-29-12 may be the fee simple or any lesser interest, as determined by the department. The acquisition may be by gift, purchase, exchange, or by condemnation pursuant to the procedures provided by either §…

31-29-15

Repealed by SL 1979, ch 202 , § 20 31-29-24 31-29-24 , 31-29-25. Repealed by SL 1973, ch 192 , § 16 31-29-26

It is a Class 2 misdemeanor for any person, corporation, or association, to place or maintain, or cause to be placed or maintained, any advertising sign, device, display, building, or structure on any of the public highways of the state. Except within municipalities, it is a Clas…

Repealed by SL 1973, ch 192 , § 16 31-29-29 31-29-29 , 31-29-30. Repealed by SL 1979, ch 202 , § 20 31-29-31 31-29-31 to 31-29-38. Repealed by SL 1976, ch 20 , § 14 31-29-39 31-29-39 to 31-29-41.1. Repealed by SL 1979, ch 202 , § 20 31-29-42

Repealed by SL 1979, ch 202 , § 20 31-29-8

Repealed by SL 1977, ch 246 , § 22 31-29-49

Repealed by SL 1977, ch 246 , § 22 31-29-59 Maps, directories, and pamphlets at rest areas--Advertising and media display at information centers. 31-29-60 Compensation for removal of nonconforming signs--Federal contributions. 31-29-61 Legislative policy on outdoor advertising al…

In order to provide information to the traveling public, the Department of Tourism may maintain maps and permit informational directories and advertising pamphlets to be made available at safety rest areas, and may establish information centers at safety rest areas for the purpos…

No sign, display, or device may be required to be removed unless at the time of removal there are sufficient funds appropriated and available to pay the affected parties just compensation after due allowance for any contribution that may be available from the federal government, …

The Legislature, recognizing the public investment in highways and in justification of these expenditures, particularly the cost of maintenance which is borne wholly by state funds, finds and declares that it is the policy of this state that the erection and maintenance of outdoo…

Terms used in this chapter mean: (1) "Abandoned sign," a sign or sign structure that is blank, obliterated or displays obsolete advertising material for a period in excess of twelve continuous months; (2) "Advertising area," the area of the sign face including border and trim, bu…

No outdoor advertising may be erected within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main-traveled way or beyond six hundred sixty feet of the nearest edge of the right-of-way visible from the main-traveled way, located outside an urban…

Any advertising sign, display, or device which violates the provisions of this chapter is hereby declared to be unlawful. The Department of Transportation shall give thirty days' written notice by certified mail, to the owner thereof to remove any prohibited sign, display, or dev…

Any abandoned sign as defined by § 31-29-62 is unlawful and is subject to the provisions of chapter 31-29 . The twelve - month period for determining if a sign is abandoned commences upon the department's notification of violation to the sign owner. Source: SL 1991, ch 235 , § 2.

For the purposes of this chapter, an "available for lease" or other similar message is not considered advertising material. Any public service message is considered advertising material if it is a bona fide public service announcement which encompasses not less than twenty - five…

The following are not on - premise signs: (1) A sale or lease sign which also advertises any product or service not located upon or unrelated to the business of selling or leasing the land on which the sign is located; or (2) A sign located upon any land which is not an integral …

On interstate highways or limited access primary highways outside municipalities, no outdoor advertising device may be located adjacent to or within five hundred feet of an interchange, intersection at grade or safety rest area. Such five hundred feet shall be measured along such…

The standards and criteria for size of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are: (1) The maximum area of any one sign facing any one direction shall be…

The standards and criteria for lighting of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are: (1) No revolving or rotating beam of light simulating an official …

The standards and criteria for spacing of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are: (1) Within municipalities signs shall conform to any applicable bui…

All signs subject to provisions of this chapter shall be maintained structurally safe, clean, and in good repair by the sign owner. Violations are subject to the provisions of this chapter. Source: SL 1991, ch 235 , § 4.

If a local zoning authority recognized in Title 11 has made a determination of customary use, concerning the size, lighting, and spacing considerations, the determination shall be in lieu of controls in §§ 31-29-65 to 31-29-67 , inclusive. Source: SL 1977, ch 246 , § 6; SL 2010, …

Nothing in §§ 31-29-61 to 31-29-83 , inclusive, authorizes any local authority to prohibit outdoor advertising throughout its jurisdiction. However, any such regulation and control shall be reasonable and reasonably related to the needs of the business community to adequately and…

An "unzoned commercial or industrial area," in consideration of the advertising needs of remote rural businesses located outside of municipal corporate limits, shall mean the areas adjacent to an interstate or primary highway within this state which are not zoned by state or loca…

All signs, displays, or devices legally erected and maintained within the control zones established pursuant to this chapter and those signs, displays, or devices that are nonconforming to the controls established pursuant to this chapter may not be maintained unless a permit is …

Any application for the permit required by § 31-29-71 shall be accompanied by the fee specified by the following schedule: (1) If the advertising area does not exceed one hundred square feet, the fee is sixteen dollars; (2) If the area exceeds one hundred square feet but does not…

Any zoned commercial or industrial area in a quadrant of an interstate interchange which has service road access within two thousand five hundred feet of the interstate or has an existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising pur…

Any zoned commercial or industrial area adjacent to the interstate within an incorporated municipality or further than one mile from an interstate interchange is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it…

Any zoned commercial or industrial area adjacent to the primary system is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it is within one mile of an incorporated municipality or within one mile of a commercial o…

For the purposes of this chapter, a "commercial or industrial activity" is an activity generally recognized as commercial or industrial by zoning authorities in the state except outdoor advertising structures; agricultural use including forestry, ranching, grazing, and farming; w…

Any applications for permits provided by § 31-29-71 shall be submitted on forms provided by the department. The department may require, with the application, supporting information such as, but not limited to, proof of ownership or proof of legal erection. Source: SL 1986, ch 240…

A permit obtained pursuant to § 31-29-71 shall be issued for one year with an effective date from October first through September thirtieth of the following year and shall be renewed annually upon the payment of the fee specified in § 31-29-71.1 without the necessity of a new app…

The funds collected under § 31-29-71.1 shall be placed in the state highway fund. Source: SL 1985, ch 236 , § 5.

Any sign, display, or device lawfully erected and maintained pursuant to the provisions of this chapter and included in the exceptions defined in subdivision 31-29-63(1), (2), (3), (6), (7), (8), (9), or (10) is exempt from the requirements of §

Any sign, display, or device located within the corporate limits of a municipality is exempt from the requirements of §

The department may issue a conforming permit for a sign, display, or device erected within a zoned commercial or industrial area acceptable for outdoor advertising purposes as provided in §§ 31-29-71.8 to 31-29-71.12 , inclusive, or within an "unzoned commercial or industrial are…

The department may issue a nonconforming permit for a sign, display, or device lawfully erected and maintained prior to October 1, 1985, within a zoned commercial or industrial area not acceptable for outdoor advertising purposes as provided in §§ 31-29-71.8 to 31-29-71.12 , incl…

Any zoned commercial or industrial area adjacent to the interstate system that is located within one mile from an interstate interchange with a crossroad that is not part of the interstate system and that is outside an incorporated municipality is acceptable for outdoor advertisi…

Any zoned commercial or industrial area in a quadrant of an interstate interchange which has no service road access within two thousand five hundred feet of the interstate or no existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising purp…

The Department of Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of signs, displays, and devices made nonconforming by the terms of §§ 31-29-61 to 31-29-83 , inclusive, which and insofar as their removal is required…

31-29-72.2 Priority in removal of advertising. 31-29-73 Takings requiring compensation. 31-29-73.1 Highway fund used to pay for signs removed. 31-29-74

The secretary of the Department of Transportation shall establish a priority list to be followed in the removal of outdoor advertising pursuant to this chapter. The removal of directional information in the interest of the traveling public shall be the lowest priority on this lis…

Just compensation shall be paid under § 31-29-72 for the following: (1) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device, and severance damages as provided by § 31-29-72 ; and (2) The taking f…

The state highway fund may be used to pay just compensation as required pursuant to § 31-29-72 for outdoor advertising signs removed pursuant to this chapter. Source: SL 1979, ch 202 , § 11; SL 1985, ch 237 . 31-29-74. Repealed by SL 1979, ch 202 , §§ 12, 20

31-29-76 31-29-76 to 31-29-79. Repealed by SL 1979, ch 202 , § 20 31-29-80

No outdoor advertising sign, display, or device may be removed by an amortization schedule, nor may its value be so determined, and the owners thereof and the owners of the real property on which the same are situated shall be guaranteed just compensation, including through conde…

31-29-9 31-29-9 to 31-29-11. Repealed by SL 1979, ch 202 , § 20 31-29-12 Rest areas and facilities--Commercial accommodations prohibited. 31-29-13 Interest in land acquired--Acquisition by gift, purchase, exchange, or condemnation. 31-29-14