2 Colo. Code Regs. § 601-3-1.00

Current through Register Vol. 47, No. 11, June 10, 2024

Section 2 CCR 601-3-1.00 - Definitions

1.1 All definitions set forth in 23 C.F.R. § 750.102, 23 C.F.R. § 750.703, and § 43-1-403, C.R.S. shall apply to these Rules. If there is a conflict between the definitions in state and federal law and regulations and these Rules, the state and federal law definitions shall govern. Definitions are not listed in alphabetical order.

1.2 "Advertising Device" has the same meaning pursuant to § 43-1-403(1), C.R.S.

1.3 "Applicant" means a person, entity or agency who applies for an Outdoor Advertising Permit from CDOT to maintain or erect an Advertising Device.

1.4 "Bonus Area" shall have the definition set forth in § 43-1-406(2)(b), C.R.S., and means any portion of the area within six hundred sixty (hereinafter "660 feet") feet of the nearest edge of the right-of-way of any portion of the federal interstate system of highways which is constructed upon any part of right-of-way, the entire width of which was acquired for right-of-way after July 1, 1956, or may be acquired in the future. A portion shall be deemed so constructed if, within such portion, no line normal or perpendicular to the center line of the highway and extending to both edges of the right-of-way will intersect any right-of-way acquired for right-of-way on or before July 1, 1956. Bonus areas do not include Kerr areas or Cotton areas.

1.5 "CEVMS" or "Changeable Electronic Variable Message Sign" means a self-luminous advertising Sign which emits or projects any kind of light, color, or message change which ranges from static images to image sequences to full motion video. This shall include "Variable Message Sign" which means an advertising Sign, display or device with moving parts whose message may be changed by electronic or by remote control or other process through the use of moving or intermittent light or lights. [43-1-404(1)(f)(I), C.R.S.]

1.6 Repealed.

1.7 "Conforming Sign" means a Sign legally erected and maintained in accordance with state, federal, and local laws.

1.8 "Comprehensive Development" has the same meaning pursuant to § 43-1-403 (1.5), C.R.S.

1.9 "Control Area" means the area within 660 feet of the nearest edge of the State Highway right-of-way where an Advertising Device is Visible from the Main Traveled Way, and areas outside of Urban Areas that are more than 660 feet of the nearest edge of such right-of-way where an Advertising Device is Visible from the Main Traveled Way of the system, and erected with the purpose of its message being read from the Main Traveled Way.

1.10 "Controlled Route" means any route on the National Highway System, which includes the interstate system, State Highways, and any route on the former federal-aid primary system in existence on June 1, 1991.

1.11 "Department" means the Colorado Department of Transportation ("CDOT") created pursuant to § 43-1-103, C.R.S.

1.12 Repealed.

1.13 "Illegal Sign" means a Sign erected or maintained in violation of state or federal law, these Rules or local law or ordinance.

1.14 "Main Traveled Way" means 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 separate roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas. [23 C.F.R. 750.703(h)]

1.15 "Maintain" means to allow to exist, or to preserve, keep in repair, continue or replace an Advertising Device. [§ 43-1-403(9), C.R.S. 23 C.F.R. 750.102 and 23 C.F.R. 750.153]

1.16 "Nonconforming Advertising Device" or "Nonconforming Sign" means a Sign which was lawfully erected but which fails to conform to the sizing, lighting, spacing or location requirements of law enacted at a later date or because of changed conditions, except those advertising devices allowed by § 43-1-404(1), C.R.S. [23 C.F.R. 750.707; § 43-1-413, C.R.S., § 43-1-403(12); § 43-1-404(1)(e)(I), C.R.S.]

1.17 "Notice of Noncompliance" means the notice provided to the Applicant, Permittee or property owner providing the information regarding a violation as set forth in § 43-1-412, C.R.S., and these Rules.

1.18 Repealed.

1.19 Repealed.

1.20 Repealed.

1.21 "Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

1.22 "Permit" means an official certificate or document which the Department issues or renews annually to allow an Advertising Device to display advertising.

1.23 "Permit Number Identifier" means a series of numbers assigned by the Department that is unique to the Advertising Device.

1.24 "Permittee" means a person, entity or agency that applies for and receives an Advertising Permit from the Department to maintain an Advertising Device.

1.25 Repealed.

1.26 "Property" means an area of land owned by one entity or person that is not severed by land owned by another, nor severed by a public roadway.

1.27 "Rest Area" means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control for the convenience of the traveling public. [23 C.F.R. 750.153(l)]

1.28 "Sign" means any Advertising Device as defined in § 43-1-403(1), C.R.S. For purposes of these Rules, Sign shall have the same meaning as Advertising Device unless otherwise specified.

1.29 "State Highway System" for purposes of these Rules shall consist of the non-federal-aid system, including sections thereof within Urban Areas, the federal-aid primary and secondary system, the interstate system and freeways, including State Highways designated as scenic byways by the Colorado Transportation Commission. [23 USC 131(t); § 43-2-101(1) and § 43-1-419, C.R.S.]

1.30 "State Highway" shall have the same meaning as defined in § 43-2-101, C.R.S. and shall include freeways for purposes of these Rules.

1.31 "Urban Area" pursuant to 23 U.S.C. 101(33) means an urbanized area designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area (as defined by 23 U.S.C. 101(34)), within boundaries to be fixed by responsible State and local officials.

1.32 "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. [23 C.F.R. 750.153(j)]

1.33 "Zoned for Commercial or Industrial Uses" means those districts established by the zoning authorities under authority of state law as being most appropriate for commerce, industry, or trade, regardless of how labeled. They are commonly categorized as commercial, industrial, business, manufacturing, highway service or highway business (when these latter are intended for highway-oriented business), retail, trade, warehouse, and similar classifications. [23 C.F.R. 750.703]

1.34 "Compensation" has the same meaning pursuant to § 43-1-403 (1.3), C.R.S.

2 CCR 601-3-1.00

38 CR 02, January 25, 2015, effective 2/14/2015

44 CR 21, November 10, 2021, effective 11/30/2021