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Tuesday, October 19, 2010

State highway signage policies

Arkansas statutes address the matter of placing unauthorized signs and/or conducting commercial activities on highway rights of way.
Only official directional, informational and/or regulatory highway signs, placed by or authorized by the Arkansas Highway and Transportation Department, AHTD, are permitted on state-owned highway property. All other signs are subject to being removed.
The smaller type signs that are placed on the right of way are subject to removal by department personnel and will be stored at the nearest AHTD Area Maintenance Headquarters. Owner of the larger type signs will be notified and given an opportunity to remove the sign. If not removed, the department will remove the sign and take it to the nearest Area Maintenance Headquarters. Sign owners may pick up their signs at the Area Maintenance Headquarters during normal business hours.
In addition, state law prohibits commercial activities such as roadside stands or the display of or the sale of items on highway right of way. Those conducting these type activities are subject to being asked to move the activity from the right of way.
5-67-101. Advertising signs generally.
(a) It shall be unlawful for any persons, firms, or corporations to place any advertising signs on the highway right-of-way in this state, excepting signs placed under the direction of the State Highway Commission.
(b) Any person violating the provisions of this section or § 5-39-213 shall be guilty of a misdemeanor and on conviction shall be fined in any sum not less than twenty five dollars, $25.00, nor more than one hundred dollars, $100.00.
History, Acts 1941, No. 359 §§ 2, 3 A.S.A. 1947, §§ 41-3355, 41-3356
27-67-304. Use of right-of-way.
(a) The rights-of-way provided for all state highways shall be held inviolate for state highway purposes or functional encroachments, installations, signs other than traffic signs or signals, posters, billboards, roadside stands, gasoline pumps, or other structures or uses shall be permitted within the right-of-way limits of state highways.
(b) Political subdivisions, rural electric cooperatives, rural telephone cooperatives, private television cables, and public utilities of the state may use any right-of-way or land, property, or interest therein, the property of the State Highway Commission, for the purpose of laying or erecting pipelines, sewers, wires, poles, ditches, railways, or any other purpose, under existing agreements or permits or such agreements or permits hereinafter made by the commissioner under existing laws, provided that such use does not interfere with the public use of the property for highway purposes.
(c) No private television cable shall be placed upon the right-of-way limit of any state highway until such person, firm, association, partnership, or corporation first executes a bond payable to the commission in an amount to be determined by the district engineer located in the district in which such cable is to be located.
History, Acts 1953, No. 419, § 5; 1975, No. 654, § 1; A.S.A. 1947, § 76-544.

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