37 Miss. Code R. § 1-7501-09002-1000

Current through August 31, 2024
Section 37-1-7501-09002-1000

The following standards or requirements apply to all signs erected under permits issued through this Rule. These standards are subject to the standards set out in § 49-23-1, et seq., Mississippi Code of 1972 and shall conform to any amendments thereto from and after the adoption of this Rule.

1. Maximum Size and Height
a. The maximum area for each face of a sign erected before July 1, 2003 shall be 1,200 square feet.
b. For sign structures erected on or after July 1, 2003, the total aggregate sign face area for any one direction of travel, including side-by'side configurations, shall be 672 square feet, the maximum height shall be fourteen (14) feet and the maximum length shall be forty-eight (48) feet, inclusive of any border and trim on the sign face, but excluding any embellishment on, and cut-out extension of, the sign face, the base or apron, supports and other structural members. The height of any sign structure shall not exceed forty (40) feet.
c. For sign structures erected on or after April 15, 2008, the height of any sign structure shall not exceed forty (40) feet above the level of the road grade unless the grade of the land adjacent to the road is higher than the level of the road grade, then the height of the sign structure may exceed forty (40) feet above the level of the road grade but shall not exceed forty (40) feet above the grade of the site where the sign is placed. Any embellishment on or cut-out extension of any sign face shall not exceed twenty percent (20%) of the square footage of such sign face.
d. The area of any sign face shall be measured by the smallest square, rectangle, triangle or circle or combination thereof which will encompass the entire sign. Any embellishment on or cut-out extension of any sign face shall not exceed twenty percent (20%) of the square footage of such sign face.
e. Maximum size for a Tri-Vision face will be that area prescribed herein as of the date of erection. Each face will have three (3) rotating displays with only one (1) display being viewed at a time.
f. Where the visibility of an outdoor advertising structure in affected by the installation of a noise attenuation barrier, the permittee may apply for relief by the following methods:
i. Relocation of the sign;
ii. A modification of the height of the sign to mitigate the reduced visibility. Application for modification to the height of the sign must be made to the State Maintenance Engineer and approved by the Commission. The municipality or county in which the sign is located must concur with the height modification.
2. Location:
a. INTERCHANGES: Signs shall not be located adjacent to or within five hundred (500) feet of an interchange, safety Rest Area/Welcome Center, scale area or any other facility requiring ramps for access to or from the main traveled way. Said five hundred (500) feet is to be measured along the roadway from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. In the absence of a widening point, such as in a continuous ramp, the distance measured along the roadway will be 500 feet from the gore point plus an additional 1300 feet which represents the standard design length of a freeway acceleration/deceleration ramp. The 500 feet shall be measured independently for each direction of travel and a sign legal in one direction shall not be placed in such a manner that it can be read from the opposing direction if within the opposing traffic control zone. Within the limits of an incorporated city, town, or village an interchange of the "split diamond" configuration will be treated as two separate interchanges for the purpose of this subsection.
b. INTERSECTIONS: Signs shall not be located within five hundred (500) feet of an intersection at grade of two (2) or more State Controlled Routes. Said five hundred (500) feet to be measured from the centerlines of the at-grade routes.
3. Spacing: The distance between signs shall be measured along the nearest edge of the traveled way between points directly opposite the center of the sign supports nearest the traveled way for each respective sign.
a. No two (2) signs shall be spaced less than five hundred (500) feet except as to signs in existence on April 15, 2008. This spacing limitation shall apply to areas within incorporated cities, towns, villages and in zoned and unzoned industrial or commercial areas outside of incorporated limits of cities, towns, or villages.
b. All outdoor advertising signs and other advertising devices located within one-half mile of an intersection of two (2) or more primary highways, or a primary highway and the Great River Road, or an interchange on the interstate system shall be erected and/or maintained with a minimum spacing between structures of five hundred (500) feet, unless separated by another commercial building or structure, other than outdoor advertising, in which case outdoor advertising may be permitted on one or more sides of the building(s). The minimum spacing requirements of five hundred (500) feet between structures shall not apply to signs in existence on April 15, 2008.
c. Minimum spacing between two consecutive Tri-Vision sign structures viewed from the same side of the highway will double the applicable minimum spacing. The minimum spacing for a Tri-Vision sign structure adjacent to a conventional sign shall be determined in the same manner as spacing between two conventional signs.
d. Minimum spacing between a Digital Sign Structure and any other outdoor advertising sign structure located on the same side of the highway will be double the applicable minimum spacing (1,000 Feet). Other signs adjacent to the Digital Sign that read in the opposite direction from the Digital Sign will not be considered when measuring the spacing. i.e. where the digital sign reads only to northbound traffic, a conventional sign that is less than 1000 feet from the Digital sign and reads only to southbound traffic will not be considered as a violation of this spacing rule. This paragraph applies only to the spacing of Digital Sign Structures and does not apply to conventional signs or tri-vision signs.
4. Lighting
a. Signs which were in existence without lighting on March 6, 1972, and which do not comply with the permit requirements of this Rule are not to be illuminated.
b. Signs which were in existence on March 6, 1972, without lighting, and which comply with the permit requirements of this Rule, together with signs erected by permit under authority of this Rule may be illuminated in adherence to the customary practices of the sign industry in Mississippi on June 15, 1966, but not in a manner prohibited in Section 700.
5. Tri-Vision Signs
a. Tri-Vision Signs shall have no more than two (2) faces with three (3) rotating displays per face; dwell time for each face shall be at least ten (10) seconds; twirl time of each face shall be three (3) seconds or less. Tri-Vision signs shall contain a default design that will freeze the sign in one position if malfunction occurs. Tri-Vision signs may not be erected in a side by side or stacked configuration.
i. No conventional sign structure can be converted to a Tri-Vision sign unless the site is a conforming site. Sign owners are required to obtain all applicable city/municipality/county permit(s) and furnish MDOT with certified copies of same to allow a Tri-Vision Face on converted or new signs. Nonconforming, grandfathered, or illegal sign structures will not be allowed to be retro-fitted with a Tri-Vision sign. Before applying to MDOT for a permit to convert a sign to a Tri-Vision Sign, Sign owners are required to comply with all applicable permitting requirements of the city or county.

Certified copies of the local permits must be furnished to MDOT with the request to modify the sign.

ii. All retro-fitted Tri-Vision signs on permitted, conforming structures must first be approved for compliance with these rules by the State Maintenance Engineer or his/her representative.
6. Digital Signs
a. In addition to the provisions set out herein. Digital sign structures shall be governed by the following:
i. The display change time shall be not more than (1) second with duration of each display not less than (8) seconds. Digital/LED Display structures shall contain a default design that will freeze the display in one still position if a malfunction occurs. The owner of every permitted Digital/LED Display sign will provide the MDOT State Maintenance Engineer with an on-call contact person and phone number for each permitted Digital/LED Display sign. The contact person must have the authority and ability to make immediate modifications to the displays and lighting levels should the need arise.
ii. Digital/LED Display - Displays shall not create excessive brightness or glare. Such displays shall contain static messages only without movement. Movement is herein defined as the appearance or illusion of movement, either text or images, of any part of the sign structure, design, or pictorial, segment of the sign, including the movement of any illumination or the flashing, scintillating, or varying of light intensity.
iii. The digital billboard must have capability to adjust its intensity in response to ambient lighting conditions. Should MDOT, at its sole discretion, find the sign, any display or effect thereon, to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interferes with the operation of a motor vehicle, upon request, the owner of the sign shall immediately reduce lighting intensity of the sign to a level acceptable to MDOT. Failure to reduce lighting intensity on request shall be cause for revocation of the permit.
iv. No conventional sign structure can be converted to Digital/LED Display unless the site is a conforming site. Sign owners are required to obtain all applicable city/municipality/county permit(s) and furnish MDOT with certified copies of same to allow a digital sign face on converted or new signs. Nonconforming, grandfathered, or illegal sign structures will not be allowed to be retro-fitted with a Digital/LED Display. Before applying to MDOT for a permit to convert a sign to Digital/LED Display, Sign owners are required to comply with all applicable permitting requirements of the city or county. Certified copies of the local permits must be furnished to MDOT with the request to modify the sign.
v. All retro-fitted Digital/LED Displays on permitted, conforming structures must first be approved for compliance with these rules by the State Maintenance Engineer or his/her representative.
b "Immediate" or "immediately" referred to in Sections 1000.6.a.1. and 1000.6.a.iii. above, shall be considered by the Department to mean that the owner shall promptly and diligently begin and complete modifications as soon as it is advised of the need thereof. If the malfunction poses a hazard to the safety of the traveling public, the sign shall be turned off on arrival by the owner or its maintenance personnel until such repairs can be made.
7. Alternative Energy Devices (AED) A device that produces electricity from solar or wind energy.
a. New permit applications for ODA shall be accompanied with a depiction and description of the AED to be utilized on the sign structure at the proposed sign site. An Application to Modify ODA Sign Permit (MND-801) shall be approved by the State Permit Officer prior to conversions to an AED on existing conforming signs.
b. Solar collector panels, batteries etc. may be located on separate support(s) or on the sign structure, provided they do not exceed the maximum height of sign (40'). Wind Turbines shall be on separate supports, movement on the sign structure is prohibited.
c. AEDs cannot display logos or advertising nor should they present an unsightly appearance, glare or otherwise be distractive when viewed from the main traveled way.
8. Conflicts

Many of the limits set out herein are controlled by Statute. Any conflict between the language in this section and the statutory language shall be controlled by the language of the Statute. Any modification to said statutes enacted after adoption of this rule shall have control over the limits set out herein.

37 Miss. Code. R. § 1-7501-09002-1000

Amended 5/27/2021