2 CCR 601-3-6.00 - Signs Allowed in Control Areas

[§ 43-1-404, C.R.S., 23 USC § 131, 23 C.F.R. § 750.105; 23 C.F.R. § 750.108]

6.01 Advertising Devices Allowed

A. The following Signs may be allowed within the Control Area adjacent to the Controlled Route:

1. Repealed;

2. Advertising Devices, which include:

a. Signs in Areas Zoned for Commercial or Industrial Uses;

b. Nonconforming Signs;

c. Repealed;

d. Advertising Devices on Scenic Byways (See Rule 9.00);

e. Repealed;

f. Repealed;

g. Repealed; and

h. Changeable Electronic Variable Message Signs ("CEVMS").

6.02 Repealed.

6.03 Advertising Devices

6.03.1 General Requirements

A. Signs include:

1. Signs in Areas Zoned for Commercial or Industrial Uses;

2. Nonconforming Signs;

3. Repealed; and

4. Advertising Devices on Scenic Byways.

5. Repealed.

6. Repealed.

B. An Advertising Device shall comply with the requirements set forth in these Rules and 23 C.F.R. § 750.108. All Signs shall not:

1. Attempt to direct the movement of traffic or interfere with or resemble an official traffic sign, signal or device; [23 C.F.R. 750.108(a)]

2. Interfere with a driver's clear and unobstructed view of official signs and approaching, intersecting or merging traffic; [23 C.F.R. § 750.108(b)]

3. Contain or be illuminated by any flashing, intermittent or moving light(s); [23 C.F.R. 750.108(c)]

4. Contain any animated parts or moving parts; [23 C.F.R. 750.108(e)]

5. Be illuminated by lights that interfere with a driver's vision or cause glare so as to impair the driver's vision, or that interfere with a driver's operating the vehicle; [23 C.F.R. 750.108(d)]

6. Be erected or displayed upon any natural feature, fence, [23 C.F.R. 750.108(f)] or utility pole. [§ 43-1-411(4), C.R.S.]

C. No new Advertising Device shall be erected adjacent to a Scenic Byway. [§ 43-1-419, C.R.S.]

D. A Sign shall be considered abandoned if it meets the requirements of Rule 6.03.3 (B).

E. Measuring Distances between Signs [23 C.F.R. § 750.103]

1. Distances from the edge of the right-of-way shall be measured horizontally along a line perpendicular to the centerline of the highway.

2. All distances shall be measured along the centerline of the highway between two vertical planes which are normal or perpendicular to and intersect the centerline of the highway, and which pass through the termini of the measured distance.

6.03.2 Nonconforming Advertising Devices

A. CDOT has authority over all Nonconforming Signs located along a Controlled Route and that are Visible from the Main Traveled Way with the purpose of their messages being read, except such Signs in Urban Areas that are more than 660 feet from the nearest edge of the Controlled Route right-of-way. [23 C.F.R. 750.704; §43-1-406, C.R.S.]

B. Legal Requirements to Maintain and Continue Nonconforming Signs. [23 C.F.R. 750.707]

1. There must be existing Property rights in the Nonconforming Sign and the Sign owner must be able to prove the legal right to install a Sign on the Property.

2. The Nonconforming Sign must have been lawfully in place on the effective date of the state law or rule, and must have continued to be lawfully maintained following passage of the state law or rule.

3. The Nonconforming Sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed.

4. A Nonconforming Sign removed as a result of a right-of-way taking or for any other reason may be relocated to a conforming area but cannot be reestablished at a new location as a nonconforming use. [23 C.F.R. 750.707(d)(3)]

6.03.3 Sign Repairs[23 C.F.R. § 750.707; §43-1-413, C.R.S.]

A. Reasonable and Customary Repair of a Nonconforming Sign. This section provides guidance on what constitutes Reasonable and Customary Repair not to exceed 50% replacement cost per year. Nothing within this section allows for changing any aspect of or the character of a Nonconforming Sign. Such a change shall be considered a violation of § 43-1-413(1)(c), C.R.S.

1. The Nonconforming Sign must remain substantially the same as it was on the date it was designated as a Nonconforming Sign.

2. A Permittee is responsible for reasonable and customary repair and maintenance of the Nonconforming Sign.

3. A Permittee must notify CDOT prior to performing any customary repair or maintenance of the Nonconforming Sign if such customary repair or maintenance involves replacing the entire face or head of the Sign, or if it involves replacement of all supporting poles of the Sign.

4. Reasonable and customary repair and maintenance of the Nonconforming Sign, including a change of advertising message or design, is not a change that would terminate nonconforming rights, but such change shall be non-compensable. [§ 43-1-413(3), C.R.S.]

5. Reasonable and customary repair and maintenance of the Nonconforming Sign shall not exceed 50% of the replacement cost of the Device in any given calendar year.

6. Nonconforming Signs that require more than 50% of their replacement cost in repairs in any given calendar year to maintain minimum structural integrity and operational functionality will be determined by the Department as being obsolete (See Rule 6.03.3 B). Such Signs shall not be repaired, shall lose their nonconforming status and shall be removed as Illegal Signs by the Sign owner at his or her expense without compensation. [§ 43-1-412 and 413, C.R.S.; 23 C.F.R. 750.707(d)(6)]

7. Any repairs exceeding 50% of the replacement cost of the Nonconforming Sign shall constitute substantial repair in violation of § 43-1-413, C.R.S. if such customary repair or maintenance involves replacing the entire face or head of the Sign, or if it involves replacement of all supporting poles of the Sign. This shall result in termination of the right to maintain the Nonconforming Sign. (See Rule 6.03.3 C 5.)

B. Abandoned, Discontinued or Obsolete Nonconforming Signs. [23 U.S.C. § 131; 23 C.F.R. § 750.707; § 43-1-413(2)(f), C.R.S.]

1. Abandoned or Discontinued Signs

a. An abandoned or discontinued Sign is one that for one year or more years is without advertising matter, or is in need of substantial repair. Such Signs determined by the Department as abandoned or discontinued are subject to removal as Illegal Signs under § 43-1-412, C.R.S.

2. Obsolete Signs

a. For purposes of these Rules, "obsolescence" in § 43-1-413(2)(f), C.R.S. shall refer to Sign design, structure or other physical elements of the Sign, and not to displayed advertising.

b. A Nonconforming Sign will be determined obsolete and thus irreparable and illegal under § 43-1-413(2) and (4), C.R.S. if the cost to maintain and/or repair or replace the Sign exceeds 50% of the replacement cost of such device on the date that the Department determined the device is obsolete as set forth in these Rules.

C.Damage or Destruction of Nonconforming Signs. [23 C.F.R. § 750.707(d)(6); §43-1-413(2)(e), C.R.S.]

1. A Nonconforming Sign that is damaged or destroyed from any cause except willful destruction may lose its nonconforming status and become an Illegal Sign under the law. Illegal Signs shall be removed by the owner at their own expense and without compensation, pursuant to § 43-1-412, C.R.S.

2. Signs that are damaged or destroyed to the degree that the cost to repair such damage or destruction exceeds 50% of the Sign's replacement cost on the date the damage or destruction occurred shall not be repaired or replaced, but shall lose their nonconforming status and shall be removed as Illegal Signs pursuant to § 43-1-413 and 412, C.R.S.

3. A Permittee must notify CDOT prior to performing any repair of damage to or destruction of the Nonconforming Sign if such repair involves replacing of the entire face or head of the Sign, or if it involves replacement of all supporting poles of the Sign.

4. The Department shall determine whether a Sign has been damaged or destroyed to a degree that terminates the Nonconforming Sign's nonconforming status based on the schedule of compensation referenced in § 43-1-413(2)(e), C.R.S., as follows:

a. For purposes of these Rules, the schedule of compensation referenced in § 43-1-413(2)(e), C.R.S. is referred to as the "replacement cost schedule."

b. The replacement cost schedule is used to determine whether the cost to repair damage or destruction to a Nonconforming Sign exceeds 50% of the replacement cost of the Sign, in which case the Sign is determined as "obsolete". The replacement cost is the cost of the Sign as if installed new on its existing Sign site on the date the damage or destruction occurred.

c. If the damage or destruction to the Sign is the result of willful destruction, the 50 % rule and the replacement cost schedule do not apply and the Sign may be repaired or restored to its same physical characteristics as existed on the date it became nonconforming.

d. The procedure under (1) through (5) below shall determine whether the damaged or destroyed Nonconforming Sign may be repaired or restored:

(1) The Sign owner shall obtain and pay for one but not more than three repair cost estimates of the Nonconforming Sign. The estimates must be made by an independent licensed general contractor or other licensed professional (Sign installation contractor or similar). These estimates must be provided in 7 business days from the damage or destruction of the Sign;

(2) The Department also may obtain an equal number of repair cost estimates for the Nonconforming Sign under (1) above. The estimates must be made by an independent licensed general contractor or other licensed professional (Sign installation contractor or similar). These estimates must be provided in 7 business days from the damage or destruction;

(3) The Department shall, at its discretion, either accept the single estimate or average of up to three estimates obtained in section (1) as the repair cost of the Sign or shall use the average of all of the estimates obtained in sections (1 and 2) to establish the repair cost of the Nonconforming Sign.

(4) The cost to replace the entire Nonconforming Sign shall be determined according to the replacement cost schedule that is based on the Federal Highway Administration Non-Regulatory Supplement Federal-Aid Policy Guide, Transmittal 35 Attachment: Sign and Site Valuation Formula and Schedule Guide for Controlling Outdoor Advertising Pursuant to 23 U.S.C. 131 dated February 16, 2006, NS 23 C.F.R. 750D, Parts I, II, III. The data relied upon as developed using the FHWA Guide shall be processed based on elements of the real estate appraisal methodology known as the Cost Approach. Replacement cost shall not include the cost of land, the cost of renting land, nor any factor other than the Nonconforming Sign itself.

(5) The Department shall make a determination whether the Sign may be repaired or restored based on (3) and

(6) Whether the cost of repairing or restoring the Sign exceeds 50% of the replacement cost of the Nonconforming Sign on the date of damage or destruction. (Repair cost/replacement cost = percentage of repair to replacement).

5. If the Department determines that the cost to repair or restore the Sign is greater than 50% of the Sign's replacement cost, the Nonconforming Sign shall not be repaired or restored and shall lose its right to be maintained. Such determination must be made within 7 business days of the completion of the procedure in subsection 4. d. above. The Nonconforming Sign shall become illegal as described in § 43-1-413, C.R.S., the Permit shall be revoked and the Sign structure will be removed at the owner's expense without compensation, as described in § 43-1-412, C.R.S.

D. Repairs Authorized

1. No damage or destruction to the Nonconforming Sign shall be repaired without prior written Department approval, which must be given within the time set forth in subsection C.

2. Upon Department notice to the Sign owner that the repairs may be made, the repairs must be completed within 60 days from the date of such notification or the Permit shall be revoked and the Sign structure will be removed as an Illegal Sign at the Sign owner's expense and without compensation.

3. The Department may extend the 60-day repair period an additional 30 days for conditions beyond the Sign owner's control and upon written proof of good faith effort to repair the Sign.

E. Acquisition Procedures for Nonconforming Signs pursuant to § 43-1-414(1), C.R.S. This section of the Rules applies where the Department either acquires a Sign by gift, exchange or agreement, or eminent domain.

1. Eminent Domain. If the Nonconforming Sign is acquired by eminent domain, CDOT shall follow the procedures set forth in § 38-1-101, et seq. C.R.S. and § 24-56-101, et seq., C.R.S. If the acquisition is not through eminent domain, the following procedures apply.

2. Non-Eminent Domain Purchase. The Department and Nonconforming Sign owner may agree on a purchase price for CDOT to acquire the Sign for any purpose, which price may be based on an appraisal performed as described below.

a. Appraisal of Nonconforming Sign pursuant to § 43-1-414(4), C.R.S. If the Department appraises the value of the Nonconforming Sign, the appraisal shall be conducted according to the standards and practices set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), 2014-2015 edition.

CDOT may compensate the owner and acquire the Nonconforming Sign at a price that is not less than the Sign's appraised market value according to such market value definition referenced in USPAP.

b. The Sign appraisal shall take into account normal depreciation of the Sign according to appraisal standards and practices set forth in the 2014-2015 USPAP.

c. Nonconforming Sign owners must obtain the Department's prior approval if any modification is made to a Nonconforming Sign in conformance with these Rules. Nonconforming Signs that have been modified without prior approval of the Department may lose their nonconforming status.

d. Nonconforming Signs that have been modified with approval of the Department will be appraised and the owner compensated according to the Sign's original design and construction as if no design changes or modifications had been made; however, where these same changes shall have resulted in a decrease in value, the appraisal and compensation shall reflect those design changes or modifications made and any lower value resulting therefrom. [§ 43-1-414(2), C.R.S.]

3. Sign Site. Where CDOT acquires a Sign by gift, exchange, agreement or purchase, the Department also may appraise and compensate the owner of the underlying Sign site for any Property right extinguished as a result of the Sign acquisition.

6.03.4 Termination of Nonconforming Sign

1. The right to maintain a Nonconforming Sign shall be terminated by the Department if any of the conditions listed in § 43-1-413(2), C.R.S. occur.

2. If the right to maintain the Nonconforming Sign is terminated, it shall become illegal and be removed pursuant to § 43-1-412 C.R.S., and these Rules.

6.03.5 Tourist-Related Nonconforming Advertising Devices - Exemption[23 C.F.R. 750.503; §43-1-414, C.R.S.]

1. Tourist Related Nonconforming Advertising Devices which comply with state and federal requirements may be exempted from removal pursuant to § 43-1-414(5), C.R.S.

2. "Tourist Related Advertising Device" means any legally erected and maintained Advertising Device which was in existence on May 5, 1976, and which provides directional information about goods and services in the interest of the traveling public limited to the following: lodging, campsites, food service, recreational facilities, tourist attractions, educational or historical sites or features, scenic attractions, gasoline stations, or garages.

Notes

2 CCR 601-3-6.00

38 CR 02, January 25, 2015, effective 2/14/2015 44 CR 21, November 10, 2021, effective 11/30/2021