SB146 Alabama 2016 Session

Summary

Primary Sponsor

Gerald H. Allen Senator

Republican

Session

Regular Session 2016

Title

Highways, outdoor advertising, Highway Beautification Act amended, definitions, spacing, conformance with federal law, Secs. 23-1-271, 23-1-274 am'd.

Description

Under existing law, outdoor advertising is regulated by the Department of Transportation generally on land adjacent to certain federal-aid highways in the state in compliance with federal law.

Under existing law, a "business area" is defined as any part of an adjacent area which is at any time zoned for business, industrial, or commercial activities under the authority of any law of this state or areas not zoned but which constitute an unzoned commercial business or industrial area.

This bill would amend the definition of a "business area" to delete the words "at any time." Under existing law, the definition of "primary highway" includes a highway other than an interstate highway at any time officially designated as a part of the federal-aid primary system and approved by the appropriate federal authority. The Intermodal Surface Transportation Efficiency Act of 1991, 23 U.S.C. Section 131(t), amended the definition of the primary highway system for purposes of outdoor advertising control to include the federal-aid primary system in existence on June 1, 1991, and any other highway which is not on the system, but which is on the National Highway System.

This bill would adopt the federal definition of primary highway.

Under existing law, Section 23-1-274, Code of Alabama 1975, signs described in Section 23-1-273(5), which were located in a business area on certain dates, are excluded from the spacing requirements set out in Section 23-1-274(3)(c), and signs described in subdivisions (4) and (6) of Section 23-1-273, relating to the property where the business is located and to public utility facilities, are included in the spacing requirements. The spacing requirements for the identified signs is contrary to the February 10, 1972 Agreement entered into between the United States Department of Transportation and the Alabama Department of Transportation.

This bill would revise the spacing requirements to be consistent with the Federal and State Agreement.

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Subjects

Highways, Roads, and Bridges