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Ark. Code Ann. § 27-74-204

Permitted advertising

Applied in 6 court decisions — leading case Files v. Arkansas State Highway & Transportation Department (1996)

Most recently applied in 2011 Ark. App. 695 - Lamar Co. v. Arkansas State Highway & Transportation Department (November 2011)

Acts 1967, No. 640, Art. 1, § 5; 1977, No. 386, § 3; A.S.A. 1947, § 76-2506; Acts 1993, No. 554, § 2; 1993, No. 691, § 2.

How often courts cite this section

199620002010201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) With the exception of and excluding those highways, or portions of highways, which are designated by the State Highway Commission as scenic byways, nothing contained in this chapter shall prohibit the erection and maintenance of outdoor advertising signs, displays, and devices consistent with customary use within six hundred sixty feet (660') of the nearest edge of the right-of-way of interstate, primary, and other state highways designated by the commission: Within those areas which are zoned industrial or commercial under authority of the laws of this state; or

(2) Within those unzoned commercial or industrial areas which may be determined by agreement between the commission and the United States Secretary of Transportation.

(3) Neither shall these prohibitions apply to signs, displays, and devices: Advertising the sale or lease of property upon which they are located;

(4) Advertising activities conducted on the property upon which they are located;

(5) Which locate, identify, mark, or warn of the presence of pipelines, utility lines, or rail lines, and appurtenances thereto, including, but not limited to, markers used in maintenance, operation, observation, and safety; and

(6) Granted an exemption by the United States Secretary of Transportation pursuant to 23 U.S.C. § 131(o).

(7) The erection of outdoor advertising signs, displays, and devices along a scenic byway shall be limited to those permitted by 23 U.S.C. § 131(c).

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.