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Highway Advertising Control Act

Illinois · Professions, Occupations, and Business Operations · §§ 225-440-1 to 225-440-9-5 · 54 sections

Overview

The act regulates outdoor advertising signs and billboards along interstate and primary highways, barring their erection or maintenance in most locations while carving out permitted categories such as on-premise, off-premise, real estate, public-utility, and municipal network signs. It works largely through definitions — terms like business area, unzoned commercial or industrial area, main-traveled way, visible, and maintain — that determine where a sign may stand and under what size, spacing, and lighting standards, and it grandfathers certain signs already in place. Administration rests with the state transportation agency, which issues implementing rules, nominates highways for scenic byway designation, and may accept federal funds tied to the national highway beautification requirements the act is designed to satisfy.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

  • 225 ILCS 440/1Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/10Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/11Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/12The Department may accept any allotment of funds by the United States, or by any agency thereof, appropriated to carry out the purposes of Section 131 of Title 23, United States Code, as amended from time to time
  • 225 ILCS 440/13Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/14Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/14.01The Department shall adopt rules regarding implementation and enforcement of this Act, which rules are not inconsistent with the terms of this Act; provided however, that the Department shall not add to, or increase the severity of the regulatory standards set forth in Section 6 of this Act
  • 225 ILCS 440/14.02Scenic byways; nomination
  • 225 ILCS 440/14.1Applicability
  • 225 ILCS 440/15"An Act relating to the restriction, prohibition, regulation, and control of billboards and other outdoor advertising devices on certain lands adjacent to National System of Interstate and Defense Highways in Illinois", approved June 28, 1965, is repealed
  • 225 ILCS 440/16This Act takes effect July 1, 1972
  • 225 ILCS 440/2This Act shall be known and may be cited as the "Highway Advertising Control Act of 1971"
  • 225 ILCS 440/3As used in this Act, unless the context otherwise requires, the terms defined in the Sections following this Section and preceding Section 4 have the meanings ascribed to them in those Sections
  • 225 ILCS 440/3.01"Department" means the Department of Transportation of the State of Illinois
  • 225 ILCS 440/3.02"Interstate highway" means any highway designated by the Department and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways on the effective date of this Act or thereafter
  • 225 ILCS 440/3.03Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/3.04"Expressway" means a primary highway constructed as a freeway which has complete control of access
  • 225 ILCS 440/3.05"Main-traveled way" means the traveled way of a highway on which through traffic is carried
  • 225 ILCS 440/3.06"Maintain" means to allow to exist and includes the periodic changing of advertising messages as well as the normal maintenance or repair of signs and sign structures
  • 225 ILCS 440/3.07Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/3.08Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/3.09Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/3.10Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/3.11"Unzoned commercial or industrial area" means any area adjacent to the right-of-way of a primary highway not zoned by any county or municipality and which lies within 600 feet of any commercial or industrial activity
  • 225 ILCS 440/3.12Business area
  • 225 ILCS 440/3.13"Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity
  • 225 ILCS 440/3.14Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/3.15Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/3.16"Scenic byway" means that portion of a highway that has been nominated by the Department to the United States Department of Transportation for designation as a national scenic byway or All-American Road, and that has received national designation
  • 225 ILCS 440/3.17On-premise sign
  • 225 ILCS 440/3.18Off-premise sign
  • 225 ILCS 440/3.19Real estate sign
  • 225 ILCS 440/3.20Municipal network sign
  • 225 ILCS 440/4Signs shall not be erected or maintained along primary or Interstate highways except those described in Sections 4.01 through 4.08
  • 225 ILCS 440/4.01Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/4.02Real estate signs
  • 225 ILCS 440/4.03On-premise signs
  • 225 ILCS 440/4.04Off-premise signs
  • 225 ILCS 440/4.05Signs in existence in a "business area", except signs which do not comply with Section 5, subsection (b) of Section 6.02, subsection (a) of Section 6.03 or Section 8 of this Act
  • 225 ILCS 440/4.06Signs affixed by public utilities to their poles and other facilities for identification
  • 225 ILCS 440/4.07(Repealed)
  • 225 ILCS 440/4.08Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/5Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/6Signs permitted under Section 4.04 must comply with the requirements of Sections 6.01, 6.02 and 6.03
  • 225 ILCS 440/6.01Size of signs
  • 225 ILCS 440/6.02Lighting
  • 225 ILCS 440/6.03Spacing
  • 225 ILCS 440/6.04Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/7Professions, Occupations, and Business Operations › 225 ILCS 440 — Highway Advertising Control Act of 1971
  • 225 ILCS 440/8Within 90 days of July 1, 1972, or the owner being notified of a new controlled route subject to this Act being added, each sign, except signs described by Sections 4.01, 4.02, and 4.03, must be registered with the Department by the owner of the sign, on forms obtained from the Department
  • 225 ILCS 440/8.1Hearing; findings and recommendations
  • 225 ILCS 440/8.2Administrative review
  • 225 ILCS 440/9In order to obtain compliance with this Act, the Department may after July 1, 1973 acquire property and other rights by purchase, gift, condemnation or otherwise
  • 225 ILCS 440/9.5Eminent domain

Enacted in other states

South Carolina

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