700 CMR, § 3.01
The following terms as used in 700 CMR 3.00 shall, unless otherwise expressly stated or unless the context clearly requires a different interpretation, have the following meaning:
Abandon: when a sign has not displayed advertising copy for a period of at least three months or to neglect or fail to perform maintenance upon a sign or to fail to obtain all necessary licenses and permits to erect and maintain a sign.
Business, Industrial or Commercial Activities: for purposes of outdoor advertising, one or more of the following criteria must be met:
Cut-out: any protrusion from the original footprint of the sign as noted on the permit application, which shall not exceed five feet in height and two feet in width.
Department or MassDOT: shall mean the Massachusetts Department of Transportation, a body politic and corporate established pursuant to M.G.L. c. 6C.
Directional Signs: signs as referenced in 23 CFR 750.153.
Director: director of the Office of Outdoor Advertising within the Massachusetts Department of Transportation.
Electronic Sign: a sign that changes its message or copy at intervals by programmable electronic, digital, or mechanical processes or by remote control.
Erect: to construct, reconstruct, alter, build, raise, assemble, place, fix, affix, attach, create, paint, draw, post, display or in any way bring in to being or establish. The term shall not include ordinary/customary maintenance.
Federal-state Agreement: any agreement entered into by and between the United States of America represented by the Secretary of Transportation acting by and through the Federal Highway Administration and the Commonwealth of Massachusetts, acting by and through the Massachusetts Department Transportation or its predecessors.
Federal Aid Primary Highway System: that portion of connected main highways as officially so designated or as may be hereafter so designated by the Department and approved by the Secretary of Transportation pursuant to Title 23, United States Code.
FHWA: shall mean the Federal Highway Administration.
Freeway Primary Highway System: the part of the Federal aid primary highway system, which is subject to limited access restrictions
Illegally Erected or Maintained Sign: a sign that is erected and/or maintained in violation of Massachusetts State law or Federal law.
Interstate System: the portion of the national system of interstate and defense highways located within the Commonwealth of Massachusetts, as officially designated, or as may hereafter so designated by the Department and approved by the Secretary of Transportation pursuant to the provisions of Title 23, United States Code.
Landmark Sign: a sign that was lawfully in existence on October 22, 1965 and determined by MassDOT and approved by FHWA to be considered a landmark sign as per applicable federal regulations.
Main Travelled Way: the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions in a main-traveled way. It does not include such facilities as frontage roads, turning roadways or parking areas.
Modify: to alter or change a sign in any manner that prolongs the useful life of the sign including, but not limited to, the following:
Non-conforming and/or Grandfathered Sign: a sign that was lawfully erected, but which does not comply with the provisions of M.G.L. c. 93D, M.G.L. c. 6C, 700 CMR 3.00, 23 U.S.C., 23 CFR 750.101, or which later fails to comply with the above referenced statutes and regulations due to changed conditions. Illegally erected or maintained signs are not Non-nonforming and/or Grandfathered signs. Only off-premise signs which have been continuously permitted by the Department and utilized since their erection may be eligible for Non-nonforming and/or Grandfathered status. These signs may not be altered in any way other than ordinary/customary maintenance. If any Non-conforming and/or Grandfathered sign is modified in any way or removed, it shall lose its Non-conforming and/or Grandfathered status. In no event shall on-premise signs be eligible for the protection of Non-conforming and/or Grandfathered status.
Office of Outdoor Advertising: the Office of Outdoor Advertising within the Massachusetts Department of Transportation.
On-premise or On-property Sign:
Ordinary/Customary Maintenance: any maintenance which does not prolong the useful life of the sign. Ordinary/Customary maintenance includes, but is not limited to, changing the message on the sign, painting fixtures and routine electrical repairs. Safety improvements may be allowed with the prior approval of the Director.
Outdoor Advertising: any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform; any part of the advertising or information contents of which is visible from any public way, public park or reservation.
Person: any individual, partnership, corporation, firm, trustee, group, association, city, town, authority, county, agency or other governmental unit, excluding the Massachusetts Department of Transportation.
Pillar Displays: signs located on public property that are free standing and installed or maintained by or under contract with a public agency, municipality, authority or political subdivision of the Commonwealth of Massachusetts. At least one face of pillar displays must contain a message that serves a public purpose to include but not limited to maps, tourist information and other general municipal content.
Public Park or Reservation: any park, conservation, reservation, cemetery, playground parcel or other land, regardless of ownership, which is available for public use and is in excess of 30,000 square feet in aggregate.
Public Way: as defined by the laws of the Commonwealth of Massachusetts.
Secretary: Secretary of the Massachusetts Department of Transportation.
Sign: any billboard, display, light, figure, painting, drawing, poster, object or device, whether fixed or movable, which advertises, promotes or calls attention to any business, article, substance, idea or any other thing or concept, including both the supporting structure, fixtures and informative contents thereof. Each sign face or message shall be considered a separate sign for purposes of permit and renewal applications, fees and permit numbers.
Street Furniture Signs: includes, but is not limited to, signs located on or within bus shelters, phone booths, restrooms, bicycle terminals, newspaper kiosks, trash receptacles or computer stations that are installed or maintained by or under contract with a public agency, municipality, authority or political subdivision of the Commonwealth of Massachusetts to provide a public service on public property. Signs affixed to bus shelters shall not exceed 25 square feet, unless otherwise approved by the Department.
Travelled Way: the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Un-licensed Permit: a permit which authorizes an applicant who is not otherwise licensed to engage in outdoor advertising, to display an off-premise sign which exclusively advertises the applicant's off-site business.
700 CMR, § 3.01