411 Neb. Admin. Code, ch. 5, § 002
For the purpose of these Rules and Regulations the following definitions are provided:
"Activity Plaque" means a sign that displays the identification of a specific qualified activity or business, the distance to the activity, and the directional arrow, and forms a part of a Tourist-Oriented Directional Sign (TODS) panel.
"Agent" means a person, corporation, or business that enters into a contract with the Department of Roads for the purpose of operating the Tourist-Oriented Directional Signing (TODS) Program.
"Annual Fee" means the fair market rental value of the sign site and any cost associated with the fabrication, erection, maintenance or servicing of Tourist-Oriented Directional Signs, such costs or criteria therefore being established by contract.
"Conforming Advertising Devices" means those devices that have been lawfully erected, as described under Neb.Rev.Stat. §§ 39-213 through 39-226 and the Rules and Regulations Title 410, Chapter 3, section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System.
"Department" means the State of Nebraska Department of Roads.
"Directional Advertising Device" includes, but is not limited to: advertising devices containing directional information about public places owned or operated by federal, state or local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. Such devices shall conform to standards promulgated by the Department pursuant to Neb.Rev.Stat. § 39-215, which standards shall conform to the national policy.
"District Office" means the headquarters for any one of the eight geographical subdivisions of the Nebraska Department of Roads.
"Erect" means construct or allow to be constructed.
"Expressway" means a divided arterial highway for through traffic with full or partial control of access which may have grade separations at intersections.
"FHWA" means the Federal Highway Administration, the U.S. Department of Transportation.
"Federal Authority" refers to 23 USC 109(d), 315, and 402(a); 49 CFR 1.48(b); and federal requirements.
"Gore" means the area immediately beyond the divergence of two traveled ways, bounded by the edges of those traveled ways.
"Freeway" means a divided arterial highway designed primarily for through traffic with full control of access and with grade separations at all intersecting road crossings, including all interchanges and approach and exit roads thereto.
"Highway" means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
"Highway Miles" means the distance in miles calculated by traveling on any highway, as opposed to air miles.
"Illegal Sign" means a device erected that does not comply with the requirements of Neb.Rev.Stat. §§ 39-213 through 39-226 and the Rules and Regulations Title 410, Chapter 3, Section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System.
"Immediate Area" means within a 40-mile radius (air miles) as determined by the postal address of the visitor.
"Interchange" means a grade-separated intersection with one or more turning roadways for travel between any of the highways radiating from and forming part of such intersection.
"Intersection" means the area embraced within the prolongation or connection of the lateral curb lines or, if there are not lateral curb lines, the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. When a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a highway shall not constitute an intersection.
"Interstate Highway System" means any highway included as a part of the Dwight D. Eisenhower National System of Interstate and Defense Highways established by the Federal Aid Highway Act of 1956, as amended, and defined in Title 23 of the United States Code and any other subsequent acts of Congress.
"Local Authority" means every county, municipal, and other local board or body having power to enact laws, rules or regulations relating to traffic under the Constitution of Nebraska and the laws of the state and generally including the directors of state institutions, the Nebraska Game and Parks Commission, and all natural resources districts with regard to roads not a part of the state highway system and within the limits of such institution, of an area under Nebraska Game and Parks Commission control, or of an area owned or leased by a natural resources district, but outside the limits of any incorporated city or village.
"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.
"Maintenance" means to preserve, keep in repair, continue or replace a TODS Panel/Activity plaque.
"Major Portion of Income or Visitors" means a percentage of the annual income derived from the activity or visitors to the activity during the normal season of the activity. Sales from the use of catalogs, brochures, etc., which do not result in the purchaser's presence at the business or activity site shall be excluded from the computation of what constitutes a major portion of income or visitors.
"Municipality" means a political entity of the State of Nebraska having corporate status and engaged in exercising some of the functions of government in a limited locality.
"Nonconforming Advertising Device" means a sign which was lawfully erected, but which does not now comply with the provisions of the State Law or State Rules and Regulations.
"Normal Season and Normal Business Season" means the period of the year the activity, business, or service is continuously open to the public.
"Official Traffic Control Device" means all signs, signals, markings, and devices placed or displayed by authority of the public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
"Owner" means the holder of title or the holder of a leasehold estate or other interests from the owner of real property.
"Qualified Tourist-Oriented Activity" means businesses, services and activities the major portion of whose income or visitors are derived during the normal business season from motorists not residing in the immediate area of the activity and meeting the criteria established by these Rules and Regulations.
"Responsible Operator" means a person or Agent other than an owner who operates a qualified activity and who has authority to enter into agreements relevant to matters covered by these Rules and Regulations.
"Retroreflective" means when light rays strike a surface and are redirected directly back to its source. It is the most commonly used means of making signs visible to the driver at night.
"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event the highway includes two or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.
"Route" means particular roads which collectively assist motorists in reaching their destination(s).
"Rural and Rural Area" means an area outside the limits of any municipality.
"Rural Conventional Road" means all highways and streets which comprise the designated state highway system, further described as 1) all highways or streets outside the limits of any municipality, exclusive of freeways and interchanges on expressways, and 2) all highways or streets within municipalities having a population of forty thousand people or less, exclusive of freeways and interchanges on expressways.
"Seasonal Closure" means when an activity is not open to the public for more than 14 continuous days.
"Seasonal Plaque" means a plaque that must be removed or covered during certain portions of the calendar year based upon seasonal closures of the activity.
"State Signing Standards" means those drawings and specifications published and adopted for use by the Department.
"Symbol" means the standard designs used in preference to word messages as shown in the MUTCD and the Standard Highway Signs and Markings book, published by the U.S. Department of Transportation and found on its website, http://mutcd.fhwa.dot.gov.
"Tourist" means motorists not residing in the immediate area of the activity.
"Tourist-Oriented Directional Sign (TODS) Panels" means a traffic control device located within the right-of-way of Rural Conventional Roads bearing separately affixed Activity plaques (not to exceed four) which provides specific directional information to qualified activities.
"Trailblazers" means supplemental guidance signs providing directional information from the Rural Conventional Road to a particular activity.
"Urban Area" means the area inside the limits of any municipality.
"Visible" as used in Neb.Rev.Stat. §§ 39-215, 39-216 and 39-220 in reference to advertising signs, displays, or devices, means 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 will be considered visible even though the message or advertising content may be seen but not read.
411 Neb. Admin. Code, ch. 5, § 002