411 Neb. Admin. Code, ch. 4, § 002

Current through September 17, 2024
Section 411-4-002 - DEFINITIONS

For the purpose of these Rules and Regulations the following definitions are provided:

002.01 Agent

"Agent" shall mean a person, corporation, or business that enters into a contract with the Department of Roads for the purpose of operating the Specific Informational and Business (Logo) Sign Program.

002.02 Annual Business Sign Fee

"Annual Business Sign Fee" shall mean the fair market rental value of the sign site and any cost associated with the fabrication, erection, maintenance or servicing of Specific Informational and Business (Logo) signs.

002.03 Business (Logo) Sign

"Business (Logo) Sign" shall mean a Type "A" sign that displays the name, brand or trademark of a qualified business or attraction, and is attached to a Specific Informational sign.

002.04 Combination Signs

"Combination Signs" shall mean Specific Informational signs displaying availability of two types of services. Combination signs may be erected only in remote rural areas, where no more than two qualified businesses are available or will become available within two years, for each of two or more types of services.

002.05 Department

"Department" shall mean the Nebraska Department of Roads.

002.06 District Office

"District Office" shall mean the headquarters for any one of the eight geographical subdivisions of the Nebraska Department of Roads.

002.07 Expressway

"Expressway" shall mean a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections.

002.07A Expressways are subdivided as follows:
002.07A1 Category 1 - Expressways with at-grade intersections only.
002.07A2 Category 2 - Expressways with at-grade intersections located between interchanges on expressways.
002.08 Gores

"Gore" shall mean the area immediately beyond the divergence of two traveled ways, bounded by the edges of those traveled ways.

002.09 Interstate Highway System

"Interstate Highway System" shall mean the National System of Interstate and Defense Highways established by the Federal Aid Highway Act of 1956, and defined in Title 23 of the United States Code.

002.10 Lease

"Lease" shall mean the written contract between the Department or the Agent and the owner or responsible operator.

002.11 MUTCD

"MUTCD" refers to the Manual on Uniform Traffic Control Devices and the Nebraska Supplement thereto, adopted in the Rules and Regulations, Title 411, Chapter 1, section 001, pursuant to Neb.Rev.Stat. § 60-6,118, and found on Nebraska Department of Roads' website: http://nebraskatransportation.org/traffeng/mutcd.htm.

002.12 Notice

"Notice" shall mean notification by means of certified mail.

002.13 Owner

"Owner" shall mean the holder of fee title or the holder of a leasehold estate from the owner of real property.

002.14 Primary Highway System

"Primary Highway System" shall mean roads and streets which were designated as the Federal-Aid Primary System, as it existed on June 1, 1991, by the Department and approved by the Federal Highway Administration and which are shown on the map provided for in Neb.Rev.Stat. § 39-1311. Expressways are a part of the Primary Highway System.

002.15 Qualified Business

"Qualified Business" shall mean a business furnishing gas, food, lodging, camping or attraction, and meeting the criteria established by these Rules and Regulations.

002.16 Responsible Operator

"Responsible Operator" shall mean a person or Agent other than an owner who operates a qualified business and who has authority to enter into agreements relevant to matters covered by these Rules and Regulations.

002.17 Rural Area

"Rural Area" shall mean an area outside of an urban area; except that if the land within the urban area has a character that is sparsely populated, or is primarily devoted to agricultural use, or where the roadside development does not appear to be urban in character, then such land may also be considered rural. The decision of whether specific areas are rural areas under this section shall be made by the Department, and such decision shall be final.

002.18 Specific Informational Signs

"Specific Informational Signs" (Type B Signs) shall mean signs bearing separately affixed Business (Logo) signs.

002.19 Supplemental Directional Signs

"Supplemental Directional Signs" (Type B Signs) shall mean Specific Informational signs bearing separately affixed Business (Logo) signs located adjacent to an exit ramp.

002.20 Serve at least two meals per day

"Serve at least two meals per day" shall mean that the business shall be open to the public not later than 10:30 a.m. and shall serve, as a minimum, a breakfast and lunch, or a lunch and dinner.

002.21 Trailblazer Signs

"Trailblazer Signs" (Type A Signs) shall mean Business (Logo) signs located along the route leading from the Interstate or Primary Highway to qualified businesses.

002.22 Traveled Way

"Traveled Way" shall mean the through traffic lanes of the Interstate or Primary Highway System and shall include exit, entrance ramps and acceleration, deceleration lanes.

002.23 Urban Area

"Urban Area" shall mean the developed area inside and outside the corporate limits of municipalities with a population of 5,000 or more as shown on the urban area maps on file with the Department of Roads.

002.24 Visible

"Visible," as used in Neb.Rev.Stat. §§ 39-215, 39-216 and 39-220 in reference to advertising signs, displays, or devices, shall mean the message or advertising content of such sign, display, or device is capable of being seen without visual aid by a person of normal visual acuity. A sign shall be considered visible even though the message or advertising content may be seen but not read.

411 Neb. Admin. Code, ch. 4, § 002