§ 136-126 – Title of Article.
136-126. Title of Article. This Article may be cited as the Outdoor Advertising Control Act. (1967, c. 1248, s. 1.)
§ 136-127 – Declaration of policy.
136-127. Declaration of policy. The General Assembly hereby finds and declares that outdoor advertising is a legitimate commercial use of private property adjacent to roads and highways but that the erection and maintenance of outdoor advertising signs and devices in areas in the vicinity of the right-of-way of the interstate and primary highway systems within […]
§ 136-128 – Definitions.
136-128. Definitions. As used in this Article: (1) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. (1a) "Illegal sign" means one which was erected and/or maintained in violation of State law. (1b) "Information center" means an area or site established […]
§ 136-129 – Limitations of outdoor advertising devices.
136-129. Limitations of outdoor advertising devices. No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way of the interstate or primary highway systems in this State so as to be visible from the main-traveled way thereof after the effective date of this Article as determined by G.S. […]
§ 136-129.1 – Limitations of outdoor advertising devices beyond 660 feet.
136-129.1. Limitations of outdoor advertising devices beyond 660 feet. No outdoor advertising shall be erected or maintained beyond 660 feet of the nearest edge of the right-of-way of the interstate or primary highway systems in this State outside of the urban areas so as to be visible and intended to be read from the main-traveled […]
§ 136-129.2 – Limitation of outdoor advertising devices adjacent to scenic highways, State and National Parks, historic areas and other places.
136-129.2. Limitation of outdoor advertising devices adjacent to scenic highways, State and National Parks, historic areas and other places. (a) In addition to the limitations contained in G.S. 136-129 and G.S. 136-129.1, in order to further the purposes set forth in Article 10 of this Chapter and to promote the reasonable, orderly, and effective display […]
§ 136-130 – Regulation of advertising.
136-130. Regulation of advertising. The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing: (1) The erection and maintenance of outdoor advertising permitted in G.S. 136-129, (2) The erection and maintenance of outdoor advertising permitted in G.S. 136-129.1, (2a) The erection and maintenance of outdoor advertising permitted in […]
§ 136-131 – Removal of existing nonconforming advertising.
136-131. Removal of existing nonconforming advertising. The Department of Transportation is authorized to acquire by purchase, gift, or condemnation all outdoor advertising and all property rights pertaining thereto which are prohibited under the provisions of G.S. 136-129, 136-129.1 or 136-129.2, provided such outdoor advertising is in lawful existence on the effective date of this Article […]
§ 136-131.1 – (See editor's note for expiration of section) Just compensation required for the removal of billboards on federal-aid primary highways by local authorities.
136-131.1. (See editor’s note for expiration of section) Just compensation required for the removal of billboards on federal-aid primary highways by local authorities. No municipality, county, local or regional zoning authority, or other political subdivision, shall, without the payment of just compensation in accordance with the provisions that are applicable to the Department of Transportation […]
§ 136-131.2 – Modernization of outdoor advertising devices.
136-131.2. Modernization of outdoor advertising devices. No municipality, county, local or regional zoning authority, or other political subdivision shall, without the payment of just compensation as provided for in G.S. 136-131.1, regulate or prohibit the repair or reconstruction of any outdoor advertising for which there is in effect a valid permit issued by the Department […]
§ 136-131.5 – Relocation of lawfully existing outdoor advertising sign.
136-131.5. Relocation of lawfully existing outdoor advertising sign. (a) Subject to subsection (c) of this section, in order to minimize the amount of just compensation due, whenever property on which a lawfully erected outdoor advertising sign is located is acquired by a public or private condemnor, as defined in G.S. 40A-3, or the Department of […]
§ 136-132 – Condemnation procedure.
136-132. Condemnation procedure. For the purpose of this Article, the Department of Transportation shall use the procedure for condemnation of real property as provided by Article 9 of Chapter 136 of the General Statutes. (1967, c. 1248, s. 7; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
§ 136-133 – Permits required.
136-133. Permits required. (a) No person shall erect or maintain any outdoor advertising within 660 feet of the nearest edge of the right-of-way of the interstate or primary highway system, except those allowed under G.S. 136-129, subdivisions (2) and (3) in this Article, or beyond 660 feet of the nearest edge of the right-of-way of […]
§ 136-133.1 – Outdoor advertising vegetation cutting or removal.
136-133.1. Outdoor advertising vegetation cutting or removal. (a) The owner of an outdoor advertising sign permitted under G.S. 136-129(a)(4) [G.S. 136-129(4)] or G.S. 136-129(a)(5) [G.S. 136-129(5)] who obtains a selective vegetation removal permit, and the owner’s designees, may cut, thin, prune, or remove vegetation in accordance with this section, G.S. 136-93(b), 136-133.2, and 136-133.4. The […]
§ 136-133.2 – Issuance or denial of a selective vegetation removal permit.
136-133.2. Issuance or denial of a selective vegetation removal permit. Except as provided in G.S. 136-133.1(g), permits to remove vegetation may be granted for outdoor advertising locations that have been permitted for at least two years prior to the date of application. The Department shall approve or deny an application submitted pursuant to this section, […]
§ 136-133.3 – Appeals of selective vegetation removal permit decisions.
136-133.3. Appeals of selective vegetation removal permit decisions. (a) An applicant for a selective vegetation removal permit issued pursuant to G.S. 136-133.2 may appeal a decision of the Department pertaining to the denial or conditioning of a permit for selective vegetation removal pursuant to the provisions of this section. (b) Within 30 days of service […]
§ 136-133.4 – Selective vegetation removal permits.
136-133.4. Selective vegetation removal permits. (a) Selected vegetation within the approved limits shall be cut, thinned, pruned, or removed by the permittee or the permittee’s agent in accordance with accepted International Society of Arboriculture (ISA) standards. (b) Permits are valid for a period of one year. The permittee may cut, thin, prune, or remove vegetation […]
§ 136-133.5 – Denial of a permit for proposed outdoor advertising.
136-133.5. Denial of a permit for proposed outdoor advertising. (a) When a district engineer determines that a proposed outdoor advertising structure would not conform to the standards of outdoor advertising as set out in the Outdoor Advertising Control Act, the district engineer shall refuse to issue a permit for that proposed outdoor advertising structure. (b) […]
§ 136-134 – Illegal advertising.
136-134. Illegal advertising. Any outdoor advertising erected or maintained adjacent to the right-of-way of the interstate or primary highway system after the effective date of this Article as determined by G.S. 136-140, in violation of the provisions of this Article or rules adopted by the Department of Transportation, or any outdoor advertising maintained without a […]
§ 136-134.1 – Judicial review.
136-134.1. Judicial review. Any person who is aggrieved by a final decision of the Secretary of Transportation after exhausting all administrative remedies made available to him by rules and regulations enacted pursuant to this Article is entitled to judicial review of such decision under this Article. In order to obtain judicial review of the Secretary […]