Outdoor Advertising Control Program Tacoma Billboard Community Workgroup October 20, 2014 • WSDOT OAC Program • Type 4/5 Off premise Signs
Outdoor Advertising Control Layers of the Laws Federal Law Sec. 131 23 USC Federal Regulations 23 CFR Part 750 S/F Agreements RCW 47.42 (1961 & 1971) WAC 468-66 Other RCW/WAC Local Agency Controls
What Does the Program Do? • The Program regulates advertising signs visible to most state highways. – Signs may be permitted at lawful locations – Illegally maintained signs are abated • Majority of our cases involve signs on private property • We do deal with a number of signs in the r/w
Highway Advertising Control Brief Program History • Program has been around for 50+ years • Federal Requirement – 50 States Comply • Why/What For ????? – Public Safety - Mitigate Distraction to Motorist – Federal Legal Requirement – 10% Sanction – Protect highway facilities (electrical,etc) – Protect Scenic Environment
Why - Before
Why - After
Why - Before
Why – After
Why? Federal Law Grant-in-Aid Program Penalties – 10% of WSDOT Federal Aid Funds • 2010 FFY $32,682,862.90 • 2011 FFY $33,161,490.80 • 2012 FFY $33,639,289.50 • 2013 FFY $34,589,156.90 • 2014 FFY $34,105,890.70 • 2015 FFY $35,059,916.50 • 6-Year Total $203,238,607.30
Why? – State Auditor Investigation & Finding Circa 2000 • Program was investigated by the State Auditors Office and a finding was issued - sanctioning the department. This finding stated that the department was not removing illegal signs in an expeditious manner, and putting 10 percent of WSDOT’s federal-aid highway money at risk • In response, the department made a commitment to dedicate resources and focus on the advertising control program to mitigate the State Auditor findings • Over the years, the dedicated focus ebbed and flowed and measureable results were highly variable across the department’s 6 Regions.
OAC - Program Operations Recent History • 2009 - OAC Budget cut as this Program was included on Governor Directed Freeze List • Looking at the unpredictable performance of the regions, and in light of the budget cut, a new strategy was initiated • As of 09-11biennium, the program was centralized at WSDOT HQ Traffic Office = My assistant and I, plus one part-time floating FTE to cover the entire state. – So with 6000 miles of regulated highways, we’re challenged to find ways to keep on top of the illegal signs and permit review requirements . . .
2013 Amendments to RCW 47.42 - Scenic Vistas Act • Law now allows permit tags up to 28 s.i.; allowing us to move forward with the new tag project • Law now requires WSDOT to collect an annual permit renewal fee - $150. Rental income signs • Law now directs WSDOT to invoke a $100/day fine for noncompliance if a sign remains in place following the 15-day opportunity for voluntary compliance
Legal Off-Premise Advertising Signs - Permits
Tags on Signs
Old Tags on Signs
New Permit Tags Coming in 2014
New Tag in Place
8 Permissible Sign Types - Type 4/5 Signs • Type 4/5 signs are defined as off-premise advertising signs. • Type 4 signs are w/in 12 air miles of the advertise activity. Old Federal language • Type 4/5 signs require WSDOT permits along state highways.
Type 4/5 Signs • Type 4/5 permit requirements - – Must meet size, spacing, lighting & zoning criteria – Must provide consent of underlying property owner – $300 permit application review fee • Permits are issued by sign face – Back to back and flanking sign faces are allowed in some locations. One structure could potentially have up to four permits.
Type 4/5 Signs • Specific regulations for Interstate, Primary and Scenic Highways. • Interstate – Max size is 150 sf. Spacing requirements protects interchanges. • Primary – Max size is 672 sf. Spacing varies between limited and nonlimited access highway segments; and, between incorporated/unincorporated areas.
Type 4/5 Signs • Scenic – Blanket prohibition on off premise signs. Exemptions from Scenic system in City/Towns – reverts to underlying system. ___________________________________ • Currently, there are 1850 permits statewide • Around 1600 rental income signs
Type 4/5 Signs Tacoma • Regulated State Highways in Tacoma are: • I-5, I-705 • SR 7, SR 16, SR 163, SR 509 • SR 163 and part of SR 509 were added to NHS as part of MAP 21 • 21 Billboard structures w/ 38 permits in Tacoma – predominantly SR 7
Questions Pat O’Leary WSDOT Highway Advertising Control Program (360) 705-7296 olearyp@wsdot.wa.gov
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