Section 1680-06-03-.03 - CRITERIA FOR THE ERECTION AND CONTROL OF OUTDOOR ADVERTISING DEVICES(1) Restrictions on outdoor advertising devices within the adjacent area of highways on the interstate and primary systems. Outdoor advertising devices erected or maintained within the adjacent area of a highway on the interstate or primary systems and visible from the main traveled way of the highway are subject to the restrictions established in T.C.A. § 54-21-103 and as further provided in this rule.
(a) Measurement of the adjacent area.1. In general, the measurement of the adjacent area shall begin at the nearest edge of the highway right-of-way property line and continue outward six hundred and sixty feet (660'); provided, however, that:2. Where the highway right-of-way width extends outward more than one hundred feet (100') from the main traveled way of an interstate or other controlled access highway at an interchange with another highway that is not a controlled access highway, the measurement of the adjacent area beyond the interchange will begin at a line that is one hundred feet (100') outward from, and parallel to, the outside edge line of the through lanes on the main traveled way, excluding shoulders, exit ramps, entrance ramps, and acceleration or deceleration lanes. (See illustration in Rule 1680-06-03-.09, Appendix.)(b) Criteria for applying regulations based on visibility from the main traveled way. The following criteria will be used to determine whether an outdoor advertising device located within the adjacent area of a highway on the interstate or primary system (regulated highway) should be subject to the restrictions established in this rule because the device has the purpose or effect of directing advertising messages to the main traveled way of the regulated highway:
1. In general, an outdoor advertising device within the adjacent area of a regulated highway is subject to the restrictions established in this rule if fifty percent (50%) or more of the sign face is visible from the main traveled way of the regulated highway.2. Notwithstanding that fifty percent (50%) or more of the sign face is visible from the main traveled way of a regulated highway, the outdoor advertising device will not be subject to the restrictions applicable to the regulated highway, or it may be subject to restrictions applicable to a different regulated highway, if any of the following factors, or combination of factors, indicate that the device does not have the purpose or effect of directing advertising messages to the main traveled way of the regulated highway:(i) The proximate location of the device to another intersecting or parallel highway within the adjacent area of the regulated highway;(ii) The size of the sign face in relation to the distance of the device from the regulated highway or other highway;(iii) The orientation of the sign face by height or angle in relation to the regulated highway or other highway;(iv) The duration of time the sign face is visible from the main traveled way to the driver or passenger of a vehicle traveling at the maximum speed on the regulated highway;(v) The use of illumination or a digital display to attract attention to the sign face from the main traveled way of the regulated highway or other highway;(vi) The presence of obstructions or seasonal vegetation that blocks visibility of the sign face for at least six (6) months of the year; or(vii) Other potentially relevant factors.3. If application of the factors in part 2. above indicates that the device does not have the purpose or effect of directing advertising messages to the main traveled way of the regulated highway, the device will not be subject to the restrictions applicable to that regulated highway, but will be subject to the restrictions applicable to another regulated highway on the interstate or primary system if the device has the purpose or effect of directing advertising messages to the other regulated highway.4. If the outdoor advertising device has the purpose or effect of directing advertising messages to two or more regulated highways, the more stringent restrictions applicable to either regulated highway will apply.(c) Zoning restrictions. 1. Outdoor advertising devices must be located in areas zoned commercial or zoned industrial or in areas which qualify as unzoned commercial or industrial areas. (See definitions of "unzoned commercial or industrial area" and "zoned commercial or zoned industrial" in Rule 1680-06-03-.02.)2. The following types of signs are not restricted by the zoning criteria: (i) Official signs and notices, including directional signs, authorized or required by law;(ii) On-premises devices (see Rule 1680-06-03-.06 for detailed description of on-premises devices);(iii) Signs other than outdoor advertising devices that:(I) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area; and(II) Do not contain any flashing, intermittent, or moving lights;(iv) Landmark signs lawfully in existence on October 22, 1965, as authorized under 23 U.S.C. § 131 and 23 CFR 750.710; and(d) Size restrictions. 1. The maximum total gross area for a sign face on an outdoor advertising device, or the total area of the sign faces per horizontal facing on a stacked device or double-faced sign, shall be seven hundred seventy-five square feet (775 sq. ft.), with a maximum height of thirty feet (30') or maximum length of sixty feet (60'); provided, however, that a 60'x30' sign face is not allowed. All measurements of the sign face shall be inclusive of any border and trim, and any advertising embellishments as provided in part 3. below, but exclusive of ornamental base or apron supports and other structural members.2. In counties having a population greater than 250,000 the Department will accept the particular county's standard size, but in no instance shall this standard size, determined by the local governing body, exceed 1,200 square feet, inclusive of any border and trim and any advertising embellishments but exclusive of ornamental base or apron supports and other standard members.3. The area of each sign face shall be measured by the smallest square, rectangle, triangle, or circle, or combination thereof, that will encompass the entire area of the sign used for the display of outdoor advertising. This includes the area normally intended for the display of advertising messages, within and including the border and trim, measured by the smallest square, rectangle, triangle, or circle, or combination thereof, and it also includes any additional area or areas extending outside the normal sign face within which any advertising embellishment or informative content is actually displayed. In the case of stacked devices or double-faced signs, the total area of the sign faces per horizontal facing will be determined by combining the area of each sign face, measured by the smallest square, rectangle, triangle, or circle, or combination thereof, including the border and trim and the area of any advertising embellishment outside the border and trim but excluding any airspace between the sign faces. (See illustrations in Rule 1680-06-03-.09, Appendix.)4. An outdoor advertising device may contain one sign face per horizontal facing and may be back-to-back or V-type, or in the case of a stacked device or double-faced sign the device may contain two (2) or more sign faces per horizontal facing, but the total area of any sign face, or combination of sign faces, may not exceed seven hundred seventy-five square feet (775 sq. ft.) except as outlined above for counties with a population of 250,000 or greater. In accordance with T.C.A. § 54-21-118, no permits shall be issued for any new stacked devices after July 1, 2001. However, a stacked device legally permitted and erected on or before July 1, 2001, may remain in its location, subject to the annual renewal of the permit, or the holder of the permit may move a lawfully permitted stacked device to a new location if the location is otherwise eligible for a permit.5. See illustrations in Rule 1680-06-03-.09, Appendix, to further describe the size requirements.6. The following types of signs are not subject to size restrictions: (i) Official signs and notices, including directional signs;(ii) On-premises devices;(iii) Landmark signs lawfully in existence on October 22, 1965, as authorized under 23 U.S.C. § 131 and 23 CFR 750.710; and7. Signs located along a designated scenic highway or parkway are subject to additional size restrictions as provided in T.C.A. §§ 54-17-108 - 54-17-109 and §§ 54-17-205 - 54-17-206.(e) Lighting restrictions. 1. Outdoor advertising devices that contain, include, have attached, or are illuminated by any flashing, intermittent or moving light, or lights which involve moving parts are prohibited, except changeable message signs with a digital display, as authorized in T.C.A. § 54-21-119 and subparagraph (h) below, or a small digital display, not to exceed one hundred square feet (100 sq. ft.), within a larger non-digital sign face.2. Outdoor advertising devices that are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any interstate or primary highway and are of such intensity or brilliance as to cause glare or to impair vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle, are prohibited.3. No outdoor advertising device shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.(f) Spacing restrictions.1. Interstate Highway Systems and Controlled Access Primary Highways.(i) No two outdoor advertising devices shall be spaced less than one thousand feet (1,000') apart on the same side of a highway on the interstate system or a controlled access highway on the primary system; provided, however, that outdoor advertising devices may be spaced closer together where they are separated by buildings or other obstructions, so that only one (1) outdoor advertising device is visible from the main traveled way of the highway at any one (1) time. The obstruction must be continuous in character; an obstruction caused by a temporary structure or seasonal vegetation will not qualify. (See illustration in Rule 1680-06-03-.09, Appendix.).(ii) Outside the corporate limits of a municipality, or in a county having the metropolitan form of government, outside the urban services district, no outdoor advertising device may be located adjacent to or within one thousand feet (1,000') of an interchange or intersection at-grade, measured along the interstate or controlled access highway on the primary system from the nearest point of the beginning or ending of pavement widening at the exit or entrance to the main traveled way. Provided, however, that if the boundaries of the urban services district in a county having the metropolitan form of government, overlap the corporate limits of a municipality, located within any such county, then the corporate limits shall be the prevailing factor for determining spacing of structures, rather than the urban services district boundaries. (See illustrations in Rule 1680-06-03-.09, Appendix.)2. Primary Highway System (Non-Controlled Access).(i) Outside the corporate limits of a municipality, or in the case of a county having the metropolitan form of government, outside the urban services district, no two outdoor advertising devices shall be spaced less than five hundred feet (500') apart on the same side of a highway on the primary system that is not a controlled access highway. Provided, however, that if the boundaries of the urban services district in a county having the metropolitan form of government, overlap the corporate limits of a municipality located within any such county, then the corporate limits shall be the prevailing factor for determining spacing of structures, rather than the urban services district boundaries.(ii) Within the corporate limits of a municipality, or in the case of a county having the metropolitan form of government, within the urban services district boundaries, no two outdoor advertising devices shall be spaced less than one hundred feet (100') apart on the same side of a highway on the primary system that is not a controlled access highway.3. Explanatory Notes. With respect to spacing requirements on both the interstate and primary systems:
(i) The following types of signs are not subject to spacing requirements, nor shall measurements be made from them for purposes of determining compliance with spacing requirements:(I) Official signs and notices, including directional signs;(II) On-premises devices;(III) Signs other than outdoor advertising devices that: I. Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area; and II. Do not contain any flashing, intermittent, or moving lights;(IV) Landmark signs lawfully in existence on October 22, 1965, as authorized under 23 U.S.C. § 131 and 23 CFR 750.710; and(ii) The minimum distance between outdoor advertising devices shall be measured along the nearest edge of pavement to the outdoor advertising device between points determined by a right angle from the edge of pavement directly opposite and transecting the leading pole of the device along each side of the highway. (See illustrations in Rule 1680-06-03-.09, Appendix.)4. Signs Located Along Scenic Highways or Parkways. Signs located along a designated scenic highway or parkway are subject to additional spacing restrictions as provided in T.C.A. §§ 54-17-108 - 54-17-109 and §§ 54-17-205 - 54-17-206.
(g) Control of Original Conforming Devices. 1. An original conforming device, as defined in Rule 1680-06-03-.02, may remain in place or may be rebuilt, reconstructed, or upgraded, subject to the following restrictions: (i) A valid permit must be maintained for the device;(ii) The permit holder must notify and obtain authorization from the Department's Outdoor Advertising Office before rebuilding, reconstructing, or upgrading the device; and(iii) The device must remain in place or be rebuilt in the exact previous location.2. A violation of one or more of the restrictions established in part 1. above will render the permit voidable.3. The Department shall use its best efforts to review and respond to a request to rebuild, reconstruct, or upgrade an original conforming device within no greater than thirty (30) days after the request is received. If a response cannot be provided within thirty (30) days after receipt of the request, the Department shall contact the requester prior to the expiration of the thirty (30) days to provide an explanation of the reasons why additional time is needed to review the request.4. If an original conforming device is removed without prior approval from the Department to rebuild, reconstruct, or upgrade the device, the permit as an original conforming device is voidable and no new permit shall be issued for another outdoor advertising device as an original conforming device at that location.(h) Changeable Message Signs with a Digital Display.1. Changeable message signs with a digital display that meet all other requirements pursuant to Title 54, Chapter 21, of the Tennessee Code and these rules are permissible subject to the following restrictions: (i) The message display time must remain static for a minimum of eight (8) seconds with a maximum change time of two (2) seconds;(ii) Video, continuous scrolling messages, and animation are prohibited; and(iii) The minimum spacing of the changeable message signs with a digital display facing the same direction of travel on the same side of the interstate system or controlled access highways on the primary system is two thousand feet (2,000'); provided, however, that an outdoor advertising device that uses only a small digital display, not to exceed one hundred square feet (100 sq. ft.) in total area, within a larger non-digital sign face is not subject to the minimum spacing requirement established in this subpart (iii), or to any application for a specific digital display permit or permit addendum, or to any fee for a permit addendum as established in § 54-21-104(b).2. Brightness standards.(i) All changeable message signs installed on or after July 1, 2014, must come equipped with a light-sensing device that automatically adjusts the brightness in direct correlation with ambient light conditions.(ii) The brightness standards and methods for measuring the brightness of a digital display are set forth in T.C.A. § 54-21-119(h), which is incorporated herein by reference, and as described in Rule 1680-06-03-.09, Appendix.(2) Restrictions on outdoor advertising devices adjacent to interstate and primary highways beyond six hundred sixty feet (660') of the nearest edge of the right-of-way outside of urban areas. (a) Control of outdoor advertising devices extends to outdoor advertising devices located beyond six hundred sixty feet (660') of the nearest edge of the right-of-way of highways on the interstate and primary systems outside of urban areas erected with the purpose of their message being read from the main traveled way of such systems. Such outdoor advertising devices are prohibited, regardless of whether located in commercial or industrial areas, unless they are of a class or type allowed within six hundred sixty feet (660') of the nearest edge of the right-of-way of such systems outside of commercial or industrial areas. To determine whether an outdoor advertising device has been erected for the purpose of having its message read from the main traveled way of a highway on the interstate or primary system, the Department will apply the factors identified in Rule 1680-06-03-.03(1)(b).(b) Explanatory Note.1. As defined in Title 23, United States Code, Section 101, the term "urban area" means an urbanized area, or in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or an urban place as designated by the Bureau of the Census having a population of five thousand (5,000) or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary of the United States Department of Transportation. Such boundaries shall encompass, at a minimum, the entire urban place designated by the Bureau of the Census.2. The term "urbanized area" means an area with a population of fifty thousand (50,000) or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census.(3) Landmark Signs. (a) Signs lawfully in existence on October 22, 1965, determined by the Commissioner, subject to the concurrence of the Secretary of Transportation of the United States, 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, are not required to be removed. Landmark signs are exempt from permit and fee requirements.(b) Explanatory Note. Reasonable maintenance, repair, and restoration of a landmark sign is permitted. Substantial change in the size, lighting, or message content will terminate its exempt status.
Tenn. Comp. R. & Regs. 1680-06-03-.03
Transfer from chapter 1680-02-03 and amendments filed February 14, 2024; effective 5/14/2024.Authority: T.C.A. §§ 54-21-102, 54-21-103, 54-21-108, 54-21-111, 54-21-113, 54-21-118, and 54-21-119.