Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-6-7 - Requirements for Outdoor Advertising on the State Highway System7.1.7.1.a. Purpose. This section's purpose is to regulate and control the erection and maintenance of outdoor advertising signs, displays and devices along the total highway system and further to set up specific limitations relating to size, spacing and lighting of those signs, displays and devices, located along those highways in West Virginia designated for federal-aid funding purposes as interstate and primary highways in accordance with Title 23, United States Code.7.1.b. This section is correlated to and applies along with that certain agreement dated the 6th day of January, 1969, between the United States of America, represented by the Secretary of Transportation, acting through the Federal Highway Administrator, and that agreement dated the 19th day of June, 1961, between the United States Secretary of Commerce and the State Road Commissioner and the "National Standards" of 23CFR, Chapter 1, §750.105 et.seq. as prepared and promulgated by the Bureau of Public Roads in relation to the National System of Interstate and Defense Highways.7.2. Licenses Required, Applications. No person may engage in the business of outdoor advertising in this state without first obtaining a license from the Commissioner. No person may construct, erect, operate, use, maintain, lease or sell any advertising sign, display or device in this State without first obtaining a license from the Commissioner. A license fee in the amount of one hundred and twenty-five dollars per year, payable in advance, will be charged licensees who obtain up to twenty (20) permits. Licensees, including subsidiaries and affiliates, who obtain twenty-one (21) or more permits will be charged a fee of one-thousand dollars per annum. 7.2.a. Applications for licenses or renewal of licenses must be made on forms furnished by the Commissioner and must be accompanied by the annual fee.7.2.b. Licenses expire on the thirtieth day of June of each year, and will not be prorated. Application for renewal of licenses must be made at least thirty (30) days prior to the date of expiration.7.3. Revocation of License. Whenever the Commissioner finds that any material information given on the application for license is knowingly false or misleading or that the licensee has violated any of the provisions of W. Va. Code § 17-22-1, et.seq., or this rule, he or she has the authority, after thirty (30) days' notice, in writing, to a licensee, to enter an order revoking any license granted. Upon revoking a license, the Commissioner will repay a proportionate part of the license fee unless the licensee shall, before the expiration of thirty (30) days, correct all false or misleading information and comply with the provisions of W. Va. Code §17-22,1, et. seq., and this section. 7.3.a. Orders. A Commissioner's order revoking a license shall be accompanied by the findings of fact and conclusions of law upon which the order was entered.7.3.b. Judicial Review. Any person adversely affected by an order entered by the Commissioner in conjunction with this section is entitled to a judicial review as set out in W. Va. Code § 17-22-13.7.4. Permits Required. No person may construct, erect, operate, use, maintain, or cause or permit to be constructed, erected, operated, used or maintained any outdoor advertising sign, display or device without first obtaining a permit from the Commissioner, and paying the permit application fee or annual permit renewal fee. In the case of new permits, an inspection fee will be charged by the Commissioner as provided in W. Va. Code § 17-22-15. 7.4.a. If a check submitted to the Division for a permit and/or license fee is returned for any reason, the permit and /or license shall be void from date of issuance. The applicant may be required to submit a new application and may thereafter be required to submit cash or a certified check with any application or renewal.7.4.b. License Required. Permits will not be issued to any person who has not obtained the license provided for in subsection 7.2 of this rule.7.4.c. Application. A separate application for a permit must be made for each separate advertising sign, display or device, on the form furnished by the Commissioner. Applications must be typed, signed by the applicant or the applicant's duly authorized representative, describe the size, shape, and nature of the sign and its actual or proposed location with sufficient accuracy to enable the Commissioner to locate it, and include any other information relevant to the particular sign as the Commissioner may reasonably require. With regard to sign permits for which the application was received after December 31, 2003 the following shall apply: 7.4.c.1. Where local government regulation exists, no permit may be issued unless the applicant submits along with the application either (1) a copy of the permit issued for the site by the local government or (2) a statement from the appropriate official indicating that the sign complies with all local zoning and other applicable requirements and that they will issue a permit to that applicant upon issuance of the state permit by the Division. With the prior written approval of the Commissioner of Highways, a county commission may enact and enforce outdoor advertising ordinances which place limitations or restrictions on outdoor advertising signs, displays or devices which are in addition to or more restrictive than the limitations or restrictions provided by the Commissioner of Highways.7.4.c.2. If requested by the Division, any application that is on the same real property of the qualifying business shall be accompanied by documentation confirming that the qualifying business has been in continuous significant operation at the location for one (1) year prior to submission of the application. Transient, temporary or sham businesses will not qualify.7.4.c.3. The proposed location for a new sign shall be clearly identified on the ground by a stake with no less than two (2) feet of the stake clearly visible above the ground line. Staking of the site is considered part of the application. The stake shall not be moved or removed by the applicant until the application is disapproved or, if it is approved, until the sign has been erected.7.4.c.4. No sign may be permitted or erected within 800 feet of areas from which vegetation has been removed unlawfully or areas within right of way limits from which vegetation has been unlawfully removed without prior written approval of the WVDOT.7.4.c.5. Permit applications will be considered in the order submitted. If applications are submitted for the same or conflicting sites, each will be dealt with in turn. An application which is not approved may be resubmitted if the Division is notified in writing within three (3) business days from certified receipt of denial and the application is resubmitted within ten (10) business days.7.4.c.6. The applicant is responsible for providing access to and entry upon all real property if entry is determined by the Division to be necessary for review of the application.7.4.c.7. Upon receipt of the permit application, the District Inspector will inspect the site in order to ascertain if the location qualifies. The Division reserves the right to consider any application for a sign permit for a period of up to ninety (90) days from the date the application is submitted. On or before the expiration of the ninety (90) day period, the Division shall either: (1) accept the application and issue the sign permit; (2) reject the application in writing stating the ground or grounds for the rejection; or (3) notify the applicant in writing that the Division requires additional time to review the application, not to exceed sixty (60) days, and stating the issues or matters requiring inquiry by the Division, including any request to the applicant for the submission of any additional information or documentation in support of the application. If within the ninety (90) day period the Division has not responded in writing indicating acceptance or rejection of the application, or specifying the need for further information, the applicant may deem the application rejected and proceed with the applicant's rights of appeal by judicial review in accordance with W. Va. Code § 17-22-15.7.4.c.8. For the purpose of permitting additional outdoor advertising along roads which have been designated scenic byways or backways, the Secretary of Transportation may segment a portion of the roads from designation as a scenic byway or backway only in accordance with federal regulations.7.4.c.9. The Division may issue a permit for a sign, which could otherwise be permitted even though it is located within the acquired right of way for a highway or interchange for which construction has not yet begun. However, the sign owner and the landowner must agree to remove the sign without cost to the Division and without compensation within thirty (30) days after written notice from the Division to the addresses provided in the application.7.4.c.10. Regardless of the date of application, if a permit is disapproved or an existing permit is revoked, appeals shall be pursued in accordance with W. Va. Code § 17-22-15. The applicant bears the burden of showing that the Division should issue the permit or, in the case of the revocation of a permit, that the revocation was not warranted under the applicable law or rule. A decision regarding any other applications for the same or conflicting sites submitted subsequent to the initial submission of the disapproved application or revoked permit may be held in abeyance pending the resolution of the appeal. If the Division's disapproval is sustained, the other applications will be considered in turn.7.4.c.11. No new application may be submitted by the same applicant or its assignee or successor for a site which has been disapproved unless there has been a significant change in the geometry or designation of a highway, the removal of an existing, conflicting sign, etc. This prohibition extends to any sites which depend for approval on the same facts which led to the disapproval of the first application.7.4.d. With regard to signs for which the permit application was received prior to January 1, 2004, a separate application for a permit must be made for each separate advertising sign, display or device, on the form furnished by the Commissioner. The applicant or his duly authorized representative must sign the application. Authorization to represent the applicant must be submitted to the Commissioner in writing.7.4.e. Bond of Out-of-State Licensee. Non-residents of this State, or any person having his or her principal place of business outside the state, or which is incorporated outside the state, must first furnish and file with the Commissioner a bond payable to the State of West Virginia, with approved surety in the sum of two thousand five hundred dollars before being eligible for an outdoor advertising license. Granting a license to a non-resident is also conditioned upon the licensee fulfilling all the requirements of law and observing and obeying all regulations relating to the business of outdoor advertising in the State of West Virginia. All money received from the forfeiture of any bond or bonds shall be deposited in the special fund created in W. Va. Code § 17-22-10.7.4.f. Payment. Every application shall be accompanied by a permit application fee of twenty dollars for each advertising sign, display or device as provided in W. Va. Code § 17-22-15. The fee shall be retained if the permit is issued. The Commissioner will also charge an inspection fee, which will be retained whether the permit is issued or not as provided in W. Va. Code § 17-22-15(b).7.4.g. Refusal of Permit. In the event that a permit application is denied, the Commissioner shall enter an order for the denial and shall send a copy of the order to the applicant by certified mail, return receipt requested. The order shall be accompanied by the findings of fact and conclusions of law upon which the order was entered.7.4.h. Change of Advertising Copy. The holder of a valid permit may change the advertising copy on the permitted structure or sign without payment of any additional fee.7.4.i. Expiration. Permits expire on the thirtieth day of June of each year and will not be prorated.7.4.j. Renewal. Permits may be renewed upon the payment of the $1.00 fee until June 30, 2005. Thereafter, the annual renewal fee shall be as follows: July 1, 2005 to June 30, 2006, $5.00; July 1, 2006 to June 30, 2007, $10.00; July 1, 2007 to June 30, 2008, $15.00; July 1, 2008 to June 30, 2009, $20.00; July 1, 2009 and beyond, $25.00 per outdoor advertising permit. No application is required for the renewal of a permit.7.4.k. Construction of the sign structure and a sign face must be completed within one year from the date of the permit's issuance. The Division may cancel permits and forfeit fees if construction is not completed within one year as provided in W. Va. Code § 17-22-15(e).7.4.l. With regards to signs for which the permit application was received prior to January 1, 2004, construction of the permitted sign or signs shall be initiated no later than one year from the date of issuance of the permit and shall be completed within a reasonable time thereafter. In the event of noncompliance with this provision, the permit may be cancelled at the discretion of the Commissioner.7.5. Revocation of Permits. Whenever the Commissioner finds that any material information given on the application for permit is knowingly false or misleading or that the permitee has violated any of the provisions of W. Va. Code § 17-22-1, et. seq. or this rule, he or she has the authority, after thirty (30) days notice in writing to the permitee, to enter an order revoking any permit issued. Upon revoking a permit, the Commissioner will repay a proportionate part of the fee unless the permitee shall, before the expiration of thirty (30) days, correct all false or misleading information and comply with the provisions of W. Va. Code, § 17-22-1, et. seq. and this rule. 7.5.a. Findings of Fact. A Commissioner's order revoking a permit shall be accompanied by the findings of fact and conclusions of law upon which the order was entered.7.5.b. Zoning Boards, Commissions or Other Public Agencies. The Commissioner may revoke a permit and return the permit fee if it is found that the construction, erection, operation, use or maintenance of any advertising sign, display or device for which a permit was issued is prevented by any zoning board, municipal building ordinance, commission or public agency with jurisdiction over these matters. However, the Commissioner will only return one half the fee if the advertising sign was erected or the inspection by the Commissioner or his representatives was performed as provided in W. Va. Code § 17-22-15(b). Also, any inspection fees charged will not be refunded as provided in W. Va. Code § 17-22-15(b).7.5.c. Judicial Review. Any person adversely affected by an order made and entered under this section refusing to grant or revoking a permit is entitled to judicial review as set out in W. Va. Code § 17-22-1, et. seq.7.6. Territorial Application. The territory under the jurisdiction of the Commissioner for the purposes of this rule includes all of the State. Authorized representatives of the Commissioner may enter into and upon any land which has outdoor advertising signs, displays or devices in the performance of their functions and duties under the provisions of W. Va. Code, § 17-22-1, et. seq., and this rule.7.7. Prohibition of Certain Outdoor Advertising. 7.7.a. No outdoor advertising sign, display or device may be erected or maintained within 660 feet of the nearest edge of and visible as to informative content from the right of way of any road within the state road system designated and classified for purposes of allocation of federal-aid highway funds as federal-aid interstate or federal-aid primary highways, except as provided in section 7.8 of this rule.7.7.b. No outdoor advertising sign, display, or device may be erected or maintained along the state road system designated and classified for purposes of allocation of federal-aid highway funds as federal-aid interstate or federal-aid primary highway outside of urban areas which are more than 660 feet off the nearest edge of the right of way visible from the main traveled way of the system and erected with the purpose of a message being read from that main traveled way except as otherwise provided in this rule.7.8. Exempted Areas. Outdoor advertising signs, displays and devices whose size, spacing and lighting are in conformance with this subsection may be erected within 660 feet of the nearest edge of the right of way of those roads designated for federal-aid funding purposes as federal-aid interstate or federal-aid primary highways within zoned and unzoned commercial or industrial areas except as provided in subsection 15 of this section. 7.8.a. Licensees must submit a written request for a variance with the permit application if he or she wants to place a sign, display or device within 660 feet of a two-lane non-controlled access highway in an unzoned commercial or industrial area on the opposite side of the highway from the activity establishing the zoning. The written request for a variance must specify the reasons. The Commissioner will base his or her decision to accept the variance on the conditions in the area and the documentation of the licensee. Once it is determined which side of the highway the unzoned commercial, industrial area or the single activity establishing the zone is located, this determination will not be changed.7.8.b. Size. 7.8.b.1. A sign may contain one or two advertisements per side, within the maximum allowed area.7.8.b.2. Advertising signs composed of stacked sign faces, one on top of the other, on the same structure and facing the same direction are limited to three hundred square feet per sign face.7.8.b.3. Advertising devices composed of separate sign faces in a side by side formation, on the same structure, facing the same direction are limited to three hundred square feet per sign face.7.8.b.4. Advertising devices composed of a single sign, facing a single direction may not exceed six hundred seventy-two square feet: Provided, that cutouts and extensions which expand the area may be allowed to the extent the area is expanded by no more than thirty percent of its original permitted configuration.7.8.b.5. No more than one sign structure is permitted at a location.7.8.b.6. Signs for which the permit application was received prior to January 1, 2004, shall adhere to the following:7.8.b.6.A. The maximum allowed area of any sign is 1200 square feet with a maximum height of 25 feet and a maximum length of 60 feet, inclusive of cutouts and extensions, but excluding decorative bases, and structural supports.7.8.b.6.B. A sign may contain one or two advertisements per facing, within the maximum allowed area.7.8.b.6.C. Back-to-back or V-type signs are permissible and will be treated as one structure with an area of 1200 square feet permitted for each facing.7.8.c. Spacing. 7.8.c.1. The following spacing applies to signs along Federal-Aid Interstate Highways and Controlled-Access Facilities Within Zoned and Unzoned Commercial or Industrial Areas. 7.8.c.1.A. Signs must be spaced at least 1,000 feet apart on the same side of the highway.7.8.c.1.B. No sign may be located within 1,000 feet of an interchange. This requirement does not apply within the boundaries of any municipality.7.8.c.2. The following spacing applies to signs along Federal-Aid Interstate Highways and Controlled-Access Facilities Within Zoned and Unzoned Commercial or Industrial Areas for which the permit application was received prior to January 1, 2004. 7.8.c.2.A. Signs must be spaced at least 500 feet apart on the same side of the highway.7.8.c.2.B. No sign may be located within 500 feet of an interchange. This requirement does not apply within the boundaries of any municipality.7.8.c.3. The following spacing applies to signs along other Federal-Aid Primaries. 7.8.c.3.A. Outside a municipality, signs must be spaced at least 500 feet apart on the same side of the highway.7.8.c.3.B. Inside municipalities, signs must be spaced at least 500 feet apart on the same side of the highway.7.8.c.4. The following spacing applies to signs along other Federal-Aid Primaries for which the permit application was received prior to January 1, 2004. 7.8.c.4.A. Outside a municipality, signs must be spaced at least 300 feet apart on the same side of the highway.7.8.c.4.B. Inside municipalities, signs must be spaced at least 100 feet apart on the same side of the highway.7.8.c.5. Signs that are double decked, side-by-side, back-to-back, or V-type will be permitted, with regards to spacing, if they meet the requirements of this subdivision.7.8.c.6. The foregoing spacing requirements do not apply to signs which in the opinion of the licensee are separated by an intervening building, structure or roadway. In order to receive a permit in variance to the spacing requirements of this subdivision licensees must submit written documentation along with the permit application explaining that a situation exists where an intervening building, structure or roadway would justify a variance from the spacing requirements. The Commissioner will review the permit application and the written documentation and may grant a variance based upon the sight distances in the area and the documentation submitted by the licensee.7.8.d. Lighting. Signs may be illuminated, subject to the following restrictions: 7.8.d.1. No outdoor advertising may contain lighting that is not shielded, and any lighting must be of sufficiently low intensity as not to cause glare or impair the vision of an operator of any motor vehicle.7.8.d.2. No off-premise sign may be illuminated by any rapid flashing intermittent light or lights that change in a time sequence faster than 12 cycles/revolutions per minute without a written acceptance of the variance from the Commissioner.7.8.d.3. No sign may be illuminated so as to obstruct the view of any connecting road or intersection or to obscure an official traffic device or signal.7.8.d.4. No off-premise sign may contain numerical displays in the form of LED's or other lights that change more than once in eight seconds.7.8.e. Off-premise Changeable Message Signs (CMS).7.8.e.1. Off-premise CMS may not contain or display flashing, intermittent or moving lights. For purposes of this section, the illumination of an advertising device containing a message center display does not constitute the use of a flashing, intermittent or moving light. No message center display may include an illumination that is in motion or appears to be in motion or that changes in intensity or exposes its message for less than eight (8) seconds or that has an interval between messages of two (2) seconds or less. No off-premise LED, OLED, illuminated message center display or similar device may exceed the following brightness limits measured as candelas per square feet at any focal point on any roadway or berm or any vehicular approach to any roadway: | Day | Night |
| Red | 300 | 100 |
| Green | 600 | 200 |
| Amber | 450 | 150 |
| Blue | 800 | 350 |
| White | 550 | 50 |
| All color | 650 | 250 |
7.8.e.2. Off-premise CMS must conform with size requirements described in paragraph 7.8.b.4.7.8.e.3. Off-premise CMS must be spaced a minimum of 1500 feet apart on the same side of the highway and 500 feet apart from another off-premise CMS structure located on the opposite side of the highway.7.8.e.4. Only conforming sign structures may be modified to an off-premise CMS upon compliance with off-premise CMS standards and approval of the WVDOT. Nonconforming sign structures may not be modified to an off-premise CMS.7.8.e.5. Each message displayed shall remain fixed for at least eight (8) seconds.7.8.e.6. When a message is changed, it must be accomplished within an interval of two (2) seconds or less.7.8.e.7. Off-premise CMS must contain a default design that will freeze the sign in one position if a malfunction occurs.7.8.e.8. Off-premise CMS may only be constructed as a single face, back to back or two-faced, V-shaped structures. Only one face may be visible in each direction of the main traveled way. Off-premise CMS may not be side by side or stacked.7.8.e.9. No cutouts or extensions are allowed on off-premise CMS structures.7.8.e.10. If a conforming sign is to be revised to an off-premise CMS, an application shall be submitted to the Commissioner noting the sign is to become an off-premise CMS and requesting approval for this change. No off-premise CMS may be erected or permitted unless the applicant first cancels any previous permits for that location.7.8.e.11. No off-premise CMS sign may exceed 672 square feet.7.9. Exceptions. 7.9.a. In lieu of exercising control over size, spacing and lighting of outdoor advertising signs, displays or devices in zoned commercial or industrial areas as set forth in subsection 7.8 of this rule, the Commissioner may certify to the Federal Highway Administrator that a state, regional, county, municipal or local zoning law, regulations, or ordinance or building ordinance has established effective control of size, spacing and lighting of outdoor advertising signs, displays and devices.7.9.b. The Commissioner will advise all licensees in the affected area of the action. The Commissioner's certification that a state, regional, county, municipal or local zoning law, regulations, or ordinance or building ordinance has established effective control of size, spacing and lighting of outdoor advertising signs, displays and devices will be effective as long as the control exercised is consistent with W. Va. Code § 17-22-1, et. seq. and this rule.7.9.c. The following signs are excepted from the license and permit requirements of this rule: 7.9.c.1. Directional or other official signs and notices required or authorized by law.7.9.c.2. Signs, displays and devices advertising the sale or lease of property on which they are located.7.9.c.3. Signs advertising activities conducted upon the property which they are located and markers of underground utility facilities.7.9.c.4. To fall within the purview of paragraphs c.2 and c.3 of this subsection, the sign, display or device must meet the following requirements: 7.9.c.4.A. For Sale or Lease Signs. One sign advertising the sale or lease of the property which is visible to traffic proceeding in any one direction may be erected.7.9.c.4.B. Business or Activity Sign. One double-faced sign or two signs, one visible in each direction may be erected not more than 500 feet from the center of the activity. The sign or signs may not exceed 150 square feet including border and trim but excluding structural supports. Center of activity is determined by the location of the cash register or the main business activity.7.9.c.4.C. Agriculture or Horticulture sign. Signs on real property, including parcels that are contiguous, occupied and cultivated and assessed for real property taxes as a farm, advertising agricultural or horticultural activities conducted on the real property, including without limitation non-traditional agriculture. Such signs must meet the requirements of Subsection 7.15 of this rule.7.9.c.5. No on-premise sign may be located if it is separated from the activity by an intervening parcel of land or building.7.9.d. Signs advertising activities, products or services offered or performed on the property upon which they are located are considered on-premise provided they meet the following requirements:7.9.d.1. The sign is physically located on the same property as the activity advertised.7.9.d.2. The purpose of the sign is the identification of the activity, product or service offered at the location.7.9.d.3. In the event a sign site is located on a narrow strip of land contiguous to the advertised activity or on land connected to the advertised activity by a narrow strip of land, the sign site is not considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configuration of land which cannot be put to any reasonable use related to the activity other than for signing purposes.7.9.d.4. Two or more activities which share a common property line may share a single on-premise sign so long as the sign is located on the common property line and meets all other requirements for on-premise signs.7.9.d.5. The sale of land between the main building and the advertising device or the diversion of the land to uses other than commercial or industrial by lease, rental agreement, easement, or license, etc., is prima facie evidence that the sign is no longer an on-premise sign. The diversion of land to other uses includes, but is not limited to, cultivation to raise crops or forest, even though land may be of a single ownership, or land which is separated from the activity by a public highway.7.9.d.6. If a business vacates a premise which is not thereafter occupied by another business within one year, the owner of the property must, without cost to the Division, dismantle and remove any free-standing on-premise sign. Any on-premise sign which is not so removed is unlawful.7.9.d.7. An on-premise sign may not be erected on the opposite side of the highway from the activity unless topographical conditions make it impossible to locate on the same side of the highway. The sight distance required to qualify for this variance is less than 250 feet.7.9.d.8. For the purpose of this rule, an on-premise advertising display that is located within the boundaries of a development project, that identifies the name of the development project, its business logo, or the name or logo of the retail business located within the development project, shall continue to be deemed an on-premise advertising display regardless of any of the following occurrences. 7.9.d.8.A. The creation or construction, in or about the project, of a common parking area, driveway, thruway, alley, passway, public or private street, roadway, overpass, divider, connector, or easement intended for ingress or egress, regardless of where or when created or constructed, and whether or not created or constructed by the project developer or its successor, or by reason of government regulation or condition.7.9.d.8.B. The sale, transfer, or conveyance of an individual lot, parcel, or parcels less than the whole, within the development project.7.9.d.8.C. The sale, transfer, conveyance, or change of name or identification of a business within the development project.7.9.d.8.D. The subdivision of the parcel that includes the development project in accordance with the Subdivision Map. This subdivision shall not be applicable in any case in which its application would result in a loss of federal highway funds by the State of West Virginia. This subdivision applies to all counties and municipalities.7.10. Purchase or Condemnation. The Commissioner may acquire all of the property rights and interests specified in W. Va. Code, § 17-22-5, when any sign, display or device is required to be removed by reason of the provisions of W. Va. Code, § 17-22-1, et. seq. or of this rule, by purchase at private sale, or in the event he or she is unable to do so, by proceeding in eminent domain. Just and full compensation shall be paid upon the removal of any outdoor advertising sign, display or device that is: 7.10.a. lawfully in existence;7.10.b. adjacent to any highway designated or redesignated as part of the federal-aid interstate or primary systems;7.11. Permit Identification Number. Every permit issued in accordance with this rule will be assigned a separate identification number and tag. Upon issuance of the permit, the permitee must fasten or affix the identification tag on the support or lower corner of the sign nearest the main traveled way so as to be readable from the edge of the highway and as directed by the Division. The tag will be issued for and may be attached only to the sign described in the permit application. Under no circumstances may the tag be moved from one sign to another nor may the sign to which it is attached be relocated to another location. The tag will contain a number, the expiration date of the permit and the name of the permittee. Construction, erection, operation, use or maintenance of an outdoor advertising sign, display or device without having the permit number tag affixed thereto shall be prima facie evidence that it is in violation of the provisions of W. Va. Code, § 17-22-1, et. seq. and this rule. 7.11.a. Replacement tags for those which are lost or vandalized must be obtained from the Division by submitting a copy of the application or the renewal permit list and replacement tag fee.7.11.b. Every permit issued in accordance with this rule will be assigned a separate identification number. It is the duty of each permittee to fasten the permit identification number tag to the sign for which it was furnished. The tag will contain a number, the expiration date of the permit and the name of the permittee. Construction, erection, operation, use or maintenance of an outdoor advertising sign, display or device without having the permit number tag affixed thereto shall be prima facie evidence that it is in violation of the provisions of W. Va. Code § 17-22-1, et. seq. and this rule.7.12. Removal After Expiration or Revocation of Permit. All outdoor advertising signs, displays and devices shall be removed by the permittee within thirty (30) days after the date of the expiration or revocation of the permit for the same.7.13. Measurements. 7.13.a. In determining unzoned commercial or industrial areas, measurements shall be made from the farthest or outer most edge of the used area of the commercial or industrial activity, structures, or other areas constituting an integral part of the commercial or industrial activity.7.13.b. With regard to signs for which the permit application was received prior to January 1, 2004, in determining unzoned commercial or industrial areas, measurements shall be made from the farthest or outer most edge of the used area of the commercial or industrial activity, structures, driveways, parking lots, storage areas, or other areas constituting an integral part of the commercial or industrial activity.7.13.c. When measuring the distance between signs, measurements shall be taken along the edge of the traveled way between lines perpendicular to the edge of the traveled way which intersect the face of the sign nearest the traveled way.7.13.d. When measuring unzoned commercial or industrial areas, measurements shall be taken within the control area from the outermost edge of the regularly used buildings and areas regularly used and required for storage and processing. Only those portions of the activity which are within the control area and which are visible from the main traveled way shall be considered.7.13.e. When measuring interchanges, where there is insufficient space to end an entrance ramp before beginning an exit ramp, the ramp shall be regarded as continuous and no signs may be permitted between the interchanges in areas which are not within the boundaries of an incorporated municipality.7.13.f. The distance requirement set forth in subdivision 8.c of this section shall be measured along the interstate or controlled access facility, from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.7.13.g. Official and on premise signs as set out in subsection 8.c of this section shall not be counted nor shall measurements be made from them for the purposes of determining compliance of spacing regulations.7.14. General Restrictions. 7.14.a. No advertising sign may be erected or maintained which involves rapid motion or rotation of the structure or any part thereof. Provided, that an advertising sign that does involve motion or rotation which is not rapid to effect changeable messages may be permitted in accordance with the provisions of W. Va. Code, § 17-22-4 and this rule.7.14.b. The Division shall have sole discretion to determine if a sign creates a traffic or safety hazard, by any means, without limitation to location, construction, orientation, or lighting or illumination. If the Division determines the sign to be a traffic or safety hazard, a notice will be given by certified mail to the sign-owner and landowner to correct any sign which does not conform to these standards within sixty (60) days of the date of mailing. If this determination is made, the sign shall be removed at the expense of the sign owner. A one-time extension of forty-five (45) days may be granted if the sign owner can show just cause for the delay because of unusual weather conditions or other reasons beyond the sign-owner's control. If the correction is not completed within the specified time, the sign must be removed at the sign-owner or landowner's expense.7.14.c. No outdoor advertising sign, display or device may use the words "stop" or "danger", or present or imply the need of requirement of stopping, or the existence of danger.7.14.d. No outdoor advertising sign, display or device may be a copy or imitate a traffic sign or other official signal.7.14.e. No outdoor advertising sign, display or device may attempt or purport to direct traffic.7.14.f. No outdoor advertising sign may contain lighting which is not shielded, and any lighting shall be of sufficiently low intensity as not to cause glare or impair the vision of the operator of any motor vehicle.7.14.g. No outdoor advertising display or device may be illuminated by any rapid flashing, intermittent light or lights.7.14.h. No outdoor advertising sign, display or device may be painted, affixed, or attached to any natural feature, including, but not limited to; rocks, cliffs, trees and shrubbery.7.14.i. No outdoor advertising sign, display or device may hinder the clear, unobstructed view of approaching or merging traffic, or obscure from view any traffic sign or other official signs.7.14.j. No outdoor advertising sign, display or device may be located as to obscure the view of any connecting road or intersection.7.14.k. No outdoor advertising sign, display or device may be erected, outside of any municipality, within five hundred feet of any church, school, cemetery, public park, public reservation, public playground, or State or national forest, except markers for underground utility facilities.7.14.l. No person may construct, operate or maintain an outdoor advertising sign, display or device without permission of the owner or other person in lawful possession or control of the land on which it is located.7.15. Control of Outdoor Advertising Along Federal-Aid Interstate and Defense Highways. This subsection is shall be construed and applied in conformity with the "National Standards" contained in 23CFR, § 750.105 et.seq. on the effective date of this rule. This subsection applies to all outdoor advertising along interstate and defense highways except in those situations where the provisions of Subsections 7.2 to 7.14 of this rule are stricter.7.15.a. All signs must be structurally safe and maintained in a good state of repair, which includes but is not limited to the following: 7.15.a.1. The sign face must be maintained free of peeling, chipping, rusting, wearing and fading so as to be fully legible at all times.7.15.a.2. All parts of the sign, including the cutouts, extensions, border, trim, and sign structure must be maintained in a safe manner, free from rusting, rotting, breaking and other deterioration.7.15.a.3. The sign face must not have any vegetation growing upon it or touching or clinging to it.7.15.a.4. Any sign which does not conform to the maintenance standards is in violation of this subdivision. A notice will be given by certified mail to the sign owner and landowner to repair any sign which does not conform to these standards within sixty (60) days of the date of mailing. If this determination is made, the sign must be repaired or removed at the expense of the sign owner. A one-time extension of forty-five (45) days may be granted if the sign-owner can show just cause for the delay because of unusual weather conditions or other reasons beyond the sign-owner's control. If the repairs are not completed within the specified time, the sign must be removed at the sign-owner or landowner's expense.7.15.b. Nonconforming signs must be maintained subject to the following restrictions: 7.15.b.1. No improvements, other than painting of the structure, may occur which will lengthen the life of the device.7.15.b.2. The right to maintain a nonconforming sign is confined to the permitted sign owner or his transferee.7.15.b.3. If a nonconforming sign is partially damaged by wind, rain, earthquake, or other natural forces including flood, tornado, or hurricane, by other catastrophic occurrences or casualties, it shall only be repaired as follows: 7.15.b.3.A. The sign owner shall notify the Division in writing of the extent of the damage and the cause of the damage, shall provide clear, color, on-site photographs of the damaged sign, and provide a description of the repair work to be undertaken including the cost of the same.7.15.b.3.B. Within thirty (30) days of receipt of the written notification, the Division shall determine in writing by notice to the sign owner of the percent of damage to the nonconforming sign. If the Division determines that the damage is less than 50 percent of the replacement cost as of the time of the damage, the Division shall authorize the sign owner in writing to perform the requested repairs which shall be promptly completed by the sign owner. If the Division determines that the damage is greater than 50 percent of the replacement cost as of the time of the damage, the Division shall so notify the sign owner in writing and the sign shall not be rebuilt or repaired but shall be dismantled at the cost of the sign owner or landowner and shall not be erected thereafter. Any nonconforming sign which is repaired without Division authorization becomes illegal.7.15.b.3.C. Any person aggrieved of a decision by the Division hereon shall have the right of appeal by judicial review in accordance with W. Va. Code § 17-22-15.7.15.b.4. A nonconforming sign which is destroyed by Act of God, catastrophic occurrence, vandalism or tortuous act, cannot be rebuilt, and the debris from the destroyed sign shall be removed by the sign owner, or by the Division at the sign owner's expense and the permit cancelled.7.15.b.5. A nonconforming sign when relocated or moved to a conforming location may no longer be considered a nonconforming sign and thereafter will be subject to all the provisions of law and of this rule. Reasonable repair and maintenance of a nonconforming sign is not a change which would terminate nonconforming use. Extension, enlargement, rebuilding, changing the materials of the sign structure, changing the size of the sign structure materials, adding guys or struts for stabilization of the sign or structure, adding lights to a non-illuminated sign, changing the height of the sign above ground or re-erection of the sign will make the sign illegal. Any changes to a nonconforming sign, such as the addition of catwalks, must be reviewed on a case-by-case basis and must be agreed to by the Federal Highway Administration prior to construction.7.15.b.6. A nonconforming sign owner may change the advertising message, including changing faces, as long as similar materials are used and the sign face is not enlarged. If the sign face or faces are reduced, they may never be increased.7.15.b.7. It is a violation of this rule for signs to be maintained from or across the right of way of Interstate or Federal-aid highways or across controlled access lines of Federal-aid primary routes.7.15.c. Territory Involved.7.15.c.1. General Area Protected. This section applies to all areas adjacent to interstate and defense highways, the entire right of way of which was acquired subsequent to July 1, 1956, and which areas are within 660 feet of the nearest edge of right of way limits within and without municipalities.7.15.c.2. Excepted Areas. The following areas are excepted areas within the meaning of this section. 7.15.c.2.A. Any area wherein a line drawn perpendicular to the centerline of the median and extended to both edges of the width of the normal right of way, intersects any right of way acquired for right of way purposes prior to July 2, 1956.7.15.c.2.B. Areas within a county that are zoned as commercial or industrial or the land use as of September 21, 1959, was clearly established by state law as commercial or industrial.7.15.c.2.C. Areas within the corporate boundaries of municipalities that are designated as commercial or industrial areas, as the corporate boundaries existed on September 21, 1959.7.15.d. On Premise Signs Within Protected Areas Outside of Information Sites. All on premise signs within protected areas outside of informational sites must comply with the Federal Standards of 23CFR, Chapter 1, §750.105 et.seq. for Class 2 signs, and with the following:7.15.d.1. For Sale or For Lease Signs. One sign advertising the sale or lease of the property upon which it is located and which is visible to traffic proceeding in any one direction may be erected. This may be one double-faced sign, one face being visible to traffic, proceeding in one direction, or two signs with the face of each visible only to traffic proceeding in one direction.7.15.d.2. Business or Activity Sign. One double-faced sign or two signs, one visible in each direction, and more than fifty (50) feet from the center of activity, advertising the activity being conducted on premises is permissible. 7.15.d.2.A. A business or activity sign may not exceed 20 feet in any one dimension or 150 square feet in area, including border and trim, but excluding supports.7.15.d.2.B. "Center of activity" is determined by the location of the cash register or main business activity, i.e., motel office.7.15.d.3. Signs Within 50 Feet of Advertised Activity. Within fifty (50) feet of the advertised activity any number of signs of any size may be erected.7.15.d.4. General Restrictions. Other than size and distance the following restrictions shall be applicable to on premise signs: 7.15.d.4.A. The signs may not attempt to direct traffic.7.15.d.4.B. The signs may not imitate a traffic sign.7.15.d.4.C. Lighting, if any, must be shielded.7.15.d.4.D. The signs may not contain or include or be illuminated by any rapid flashing light or lights.7.15.d.4.E. The signs may not be on or attached to any natural feature.7.15.d.4.F. The signs may not hinder clear, unobstructed view of official signs and approaching or merging traffic.7.15.d.4.G. Signs greater than fifty (50) feet from the business or activity may not have any letters, trade-marks, etc., advertising a product that are larger or more conspicuous than those advertising the activity.7.15.e. Signs Within 12 Air Miles of an Advertised Activity. All signs within twelve (12) air miles of an advertised activity shall comply with the Federal Standards of 23CFR, Chapter 1, §750.105 & §750.107 et. seq. for Class 3 signs and with the following regulations:7.15.e.1. The signs may advertise only activities being conducted within twelve (12) air miles of the sign and shall be visible only to interstate traffic not served by an information site within twelve (12) air miles of the advertised activity.7.15.e.2. The signs shall not be nearer than two (2) miles in advance of an intersection of the main traveled way and an exit roadway. This distance shall be measured from the edge of the exit roadway nearest to approaching traffic.7.15.e.3. The signs shall also be one thousand (1000) feet beyond the intersection of an entrance roadway and the main traveled highway. This distance shall be measured from the edge of the entrance roadway, including acceleration lanes, nearest to traffic which has passed the entrance roadway.7.15.e.4. Within the area located between two (2) and five (5) miles approaching an intersection, as above measured, not more than six (6) signs may be located, provided that there are not more than two (2) signs within any mile measured from any point and the signs shall not be less than one thousand (1000) feet apart.7.15.e.5. Beyond five (5) air miles from the advertised activity, an average of one (1) sign per mile is permitted.7.15.e.6. Other than distance, the following restrictions shall be applicable to all signs erected within twelve (12) air miles of an advertised activity. 7.15.e.6.A. Not more than one sign, advertising the same activity or attraction, visible to traffic moving in any one direction, will be permitted on any one interstate highway. The text must be visible to traffic.7.15.e.6.B. No sign may exceed twenty (20) feet in any dimension or one hundred fifty (150) square feet in area, including border and trim.7.15.e.6.C. The signs may not be erected in scenic areas.7.15.e.6.D. The provisions of subparagraph d.4.G of this subsection shall also apply to signs within twelve (12) air miles of an advertised activity.7.15.f. Signs in the Specific Interest of the Traveling Public Permitted. All signs in the specific interest of the traveling public referring to public places operated by the federal, state or local government are permitted within a protected area. 7.15.f.1. The following types of specific interest areas, when so designated by the Division, may have signs erected giving information concerning the area. 7.15.f.1.A. Natural phenomena (Man-made lakes not included).7.15.f.1.B. Historical sites.7.15.f.1.C. Areas of natural scenic beauty.7.15.f.1.D. Areas naturally suited for outdoor recreation.7.15.f.1.E. Places for camping, lodging, eating, and vehicle service repair. Trade names (as defined in 23CFR, Chapter 1, §750.105 et.seq.) if any, on Class 4 signs, per Federal Standards of 23CFR, Chapter 1, §750.105 et.seq., are permitted only if they identify or characterize such a place or service. If a Class 2 or 3 sign also qualifies as a Class 4 sign, per Federal Standards of 23CFR, Chapter 1, §750.105 et.seq., the trade name is not required to be of equal prominence.7.15.f.1.F. Farm Wineries as provided by W. Va. Code, § 17-22-7.7.15.f.2. All signs designated in paragraph f.1. of this subsection shall comply with the Federal Standards of 23CFR, Chapter 1, §750.105 et.seq. for Class 4 signs and with the following restrictions: 7.15.f.2.A. The signs must be more than twelve (12) miles from the nearest sign within an informational site serving interstate highway traffic to which the sign is visible. A sign qualifying both as a Class 3 and 4, per Federal Standards of 23CFR, Chapter 1, §750.107 et. seq., may be permitted under this subparagraph or under subdivisions 15.e or 15.f of this section.7.15.f.2.B. The provisions of subparagraph d.4.G of this subsection shall also be applicable to signs under subdivisions d, e and f of this section.7.15.g. Informational Sites, Signs Permitted. Signs relating to informational sites are permitted within protected areas. The signs shall comply with the Federal Standards of 23CFR, Chapter 1, §750.105 et. seq. for Class 3 and 4 signs and the following regulations: 7.15.g.1. The sign shall be placed upon a panel that may not exceed thirteen (13) feet in height or twenty-five (25) feet in length, including border and trim, but excluding supports.7.15.g.2. The sign may not exceed twelve (12) square feet.7.15.g.3. The text may not be legible from the main traveled way or turning roadway.7.15.g.4. Only one sign concerning one activity or place is permitted within any one site.7.15.g.5. Signs concerning a single activity or place may be permitted within more than one informational site, but no Class 3 sign, as defined by Federal Standards of 23CFR, Chapter 1, §750.105 et. seq., which does not also qualify as a Class 4 sign, by Federal Standards of 23CFR, Chapter 1, §750.105 et.seq., may be permitted if the informational site is within twelve (12) air miles of the advertised activity.7.15.g.6. No moving signs or any animated or moving parts are permitted.7.15.g.7. Illumination of panels may be by white lights only.7.15.g.8. No sign on a panel may contain, include or be illuminated by any other lights, or any flashing, intermittent, or moving lights.7.15.g.9. Lighting must be so effectively shielded as to prevent beams or rays of light from being directed at the highway.7.15.g.10. Lighting must be of sufficiently low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.