Kan. Admin. Regs. § 36-17-8 - Selection methods and criteria; directional and official signs and notices

(A) Application: The following standards apply to directional and official signs and notices which are erected and maintained along the interstate and federal-aid primary system with the intent of their message being visible from the main traveled way of the system. These standards do not apply to directional and official signs erected on the highway right-of-way.

(B) Definitions.

(1) "Directional and official signs and notices," includes only official signs and notices, public utility signs, service club and religious notices, public service signs and directional signs.

(2) "Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies may be considered official signs.

(3) "Public utility signs" means warning signs, information signs, notices or markers which are customarily erected and maintained by publicly or privately-owned public utilities, as essential to their operations.

(4) "Service club and religious notices" means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs of charitable associations, or religious services, which signs do not exceed eight (8) square feet in area.

(5) "Public service signs" means signs located on school bus stop shelters, which signs:

(a) Identify the donor, sponsor, or contributor of said shelters;

(b) Contain safety slogans or messages which shall occupy not less than sixty (60) percent of the area of the signs;

(c) Contain no other message;

(d) Are located on school bus shelters which are authorized or approved by city, county, or state law, regulation, or ordinance and at places approved by the city, county, or state agency controlling the highway involved; and

(e) May not exceed thirty-two (32) square feet in area. Not more than one sign on each shelter shall face in any one direction.

(6) "Directional signs" means signs 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.

(C) Standards for directional signs:

(1) General. The following signs are prohibited:

(a) Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.

(b) Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

(c) Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(d) Obsolete signs.

(e) Signs which are structurally unsafe or in disrepair.

(f) Signs which move or have any animated or moving parts.

(g) Signs located in rest areas, parkland, or scenic areas.

(2) Size.

(a) No sign's display area shall exceed the following limits:

(i) Maximum area 150 square feet.

(ii) Maximum height 20 feet.

(iii) Maximum length 20 feet.

(b) All dimensions include border and trim, but exclude supports.

(3) Lighting. Signs may be illuminated, subject to the following:

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

(c) No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

(4) Spacing.

(a) Each location of a directional sign must be approved by the secretary of transportation.

(b) No directional sign may be located within two thousand (2,000) feet of an interchange, or intersection at grade along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

(c) No directional sign may be located within two thousand (2,000) feet of a rest area, parkland, or scenic area.

(d)

(i) No two (2) directional signs facing the same direction of travel shall be spaced less than one (1) mile apart;

(ii) Not more than three (3) directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

(iii) Signs located adjacent to the interstate system shall be within seventy-five (75) air miles of the activity; and

(iv) Signs located adjacent to the primary system shall be within fifty (50) air miles of the activity.

(e) Message content. The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases and pictorial or photographic representations of the activity or its environs are prohibited.

(D) Selection methods and criteria. The following apply to directional signs:

(1) Privately owned activities or attractions eligible for directional signing are limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific and religious sites and outdoor recreational areas.

(2) To be eligible, privately-owned attractions or activities must be nationally or regionally known and of outstanding interest to the traveling public.

(3) Each directional sign shall be approved by the right-of-way department of the Kansas department of transportation.

(4) The right-of-way department of the Kansas department of transportation shall make final determinations of eligibility for directional signs and official signs. In making determinations for directional signs the department shall, when it is deemed necessary, avail itself of the experience and knowledge of the following state agencies, hereby recognized as being the state authority on the various categories contained in (D) above: state historical society, state park and resources authority, and the state forestry, fish and game commission.

Notes

Kan. Admin. Regs. § 36-17-8

Authorized by K.S.A. 1977 Supp. 68-2233a; effective, E-76-30, June 19, 1975; effective May 1, 1976; amended May 1, 1978.