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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>68297</law_id><section_number>33.2-1200</section_number><catch_line>Policy; definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-1221</reference><reference>33.2-1807</reference><reference>4.1-111</reference><reference>4.1-112.2</reference><reference>4.1-113.1</reference><reference>4.1-1401</reference><reference>4.1-1402</reference><reference>58.1-3503</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation</unit><unit label="chapter" level="3" order_by="1" identifier="12">Outdoor Advertising in Sight of Public Highways</unit><unit label="article" level="4" order_by="1" identifier="1">General Policies and Regulations</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> In <span class="dictionary">order</span> to promote the safety, convenience, and enjoyment of travel on and protection of the public investment in <span class="dictionary">highways</span> within the Commonwealth, attract tourists and promote the prosperity, economic well-being, and general welfare of the Commonwealth, and preserve and enhance the natural scenic beauty or aesthetic features of the <span class="dictionary">highways</span> and adjacent areas, the General Assembly declares it to be the policy of the Commonwealth that the erection and <span class="dictionary">maintenance</span> of outdoor advertising in areas adjacent to the rights-of-way of the <span class="dictionary">highways</span> within the Commonwealth shall be regulated in accordance with the terms of this article and regulations promulgated by the <span class="dictionary">Board</span> pursuant thereto. <a id="paragraph-247090" class="section-permalink" href="https://vacode.org/33.2-1200/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> As used in this article, unless the context requires a different meaning:
			&#x201C;<span class="dictionary">Advertisement</span>&#x201D; means any writing, printing, picture, painting, display, emblem, drawing, sign, or similar device that is posted or displayed outdoors on <span class="dictionary">real property</span> and is intended to invite or to draw the attention of or solicit the patronage or support of the public to any goods, merchandise, real or personal property, business, services, entertainment, or amusement manufactured, produced, bought, sold, conducted, furnished, or dealt in by any <span class="dictionary">person</span>. &#x201C;<span class="dictionary">Advertisement</span>&#x201D; includes any part of an <span class="dictionary">advertisement</span> recognizable as such.
			&#x201C;Advertising structure&#x201D; means any rigid or semirigid <span class="dictionary">material</span>, with or without any <span class="dictionary">advertisement</span> displayed thereon, situated upon or attached to <span class="dictionary">real property</span> outdoors, primarily or principally for the purpose of furnishing a background or base or support upon which an <span class="dictionary">advertisement</span> may be posted or displayed.
			&#x201C;<span class="dictionary">Area of an advertising structure</span>&#x201D; means the area determined from its outside measurements, excluding as a part thereof the height and overall width of supports and supporting structure and any other portion or portions thereof beneath the normal area upon which an <span class="dictionary">advertisement</span> is posted or intended to be posted.
			&#x201C;<span class="dictionary">Billboard sign</span>&#x201D; means any sign, <span class="dictionary">advertisement</span>, or advertising structure as defined in this section owned by a <span class="dictionary">person</span>, firm, or corporation in the <span class="dictionary">business of outdoor advertising</span>.
			&#x201C;<span class="dictionary">Business of outdoor advertising</span>&#x201D; means the erection, use, or <span class="dictionary">maintenance</span> of <span class="dictionary">advertising structures</span> or the posting or display of outdoor <span class="dictionary">advertisements</span> by any <span class="dictionary">person</span> who receives profit gained from rentals or any other compensation from any other <span class="dictionary">person</span> for the use or <span class="dictionary">maintenance</span> of such <span class="dictionary">advertising structures</span> or the posting or display of such <span class="dictionary">advertisements</span>, except reasonable compensation for <span class="dictionary">materials</span> and labor used or furnished in the actual erection of <span class="dictionary">advertising structures</span> or the actual posting of <span class="dictionary">advertisements</span>. &#x201C;<span class="dictionary">Business of outdoor advertising</span>&#x201D; does not include the leasing or rental of <span class="dictionary">advertising structures</span> or <span class="dictionary">advertisements</span> used to advertise products, services, or entertainment sold or provided on the premises where the <span class="dictionary">advertising structures</span> or <span class="dictionary">advertisement</span> is located.
			&#x201C;<span class="dictionary">Centerline of the highway</span>&#x201D; means a line equidistant from the edges of the median separating the <span class="dictionary">main traveled ways</span> of a divided highway or the centerline of the <span class="dictionary">main traveled way</span> of a nondivided highway.
			&#x201C;<span class="dictionary">Distance from edge of a right-of-way</span>&#x201D; means the horizontal distance measured along a line normal or perpendicular to the <span class="dictionary">centerline of the highway</span>.
			&#x201C;<span class="dictionary">Federal-aid primary highway</span>&#x201D; means any highway within that portion of the primary state highway system as established and maintained under Article 2 (&#xA7; <a class="law" title="Primary state highway system" href="/33.2-310/">33.2-310</a> et seq.) of Chapter 3, including extensions of such system within municipalities, that has been approved by the <span class="dictionary">Secretary</span> of Transportation pursuant to 23 U.S.C. &#xA7; 103(b), as that system existed on June 1, 1991.
			&#x201C;Highway&#x201D; means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth.
			&#x201C;<span class="dictionary">Historic place, museum, or shrine</span>&#x201D; includes only places that are maintained wholly at public expense or by a nonprofit organization.
			&#x201C;<span class="dictionary">Information center</span>&#x201D; means an area or site established and maintained at <span class="dictionary">rest areas</span> for the purpose of informing the public of places of interest within the Commonwealth and providing such other information as the Commonwealth may consider desirable.
			&#x201C;<span class="dictionary">Interchange</span>&#x201D; means a grade separated intersection with one or more <span class="dictionary">turning roadways</span> for travel between intersection legs, or an intersection at grade, where two or more highways join or cross.
			&#x201C;<span class="dictionary">Lawfully erected</span>&#x201D; means any sign that was erected pursuant to the issuance of a permit from the <span class="dictionary">Commissioner of Highways</span> under &#xA7; <a class="law" title="Permits required" href="/33.2-1208/">33.2-1208</a>, unless the local governing body has <span class="dictionary">evidence</span> of noncompliance with <span class="dictionary">ordinances</span> in effect at the time the sign was erected.
			&#x201C;<span class="dictionary">Legible</span>&#x201D; means capable of being read without visual aid by a <span class="dictionary">person</span> of normal visual acuity.
			&#x201C;<span class="dictionary">Maintain</span>&#x201D; means to allow to exist.
			&#x201C;<span class="dictionary">Main traveled way</span>&#x201D; means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a <span class="dictionary">main traveled way</span>. &#x201C;<span class="dictionary">Main traveled way</span>&#x201D; does not include such facilities as frontage roads, <span class="dictionary">turning roadways</span>, or parking areas.
			&#x201C;<span class="dictionary">National Highway System</span>&#x201D; means the federal-aid highway system referenced in 23 U.S.C. &#xA7; 103(b), and regulations adopted pursuant thereto. For the purpose of this article, outdoor advertising controls on the <span class="dictionary">National Highway System</span> shall be implemented as those highways are designated and approved by congressional action or designation by the U.S. <span class="dictionary">Secretary</span> of Transportation and such designation and approval shall be kept on file in the central office of the <span class="dictionary">Department</span> of Transportation and placed in the minutes of the Commonwealth Transportation <span class="dictionary">Board</span> by the <span class="dictionary">Commissioner of Highways</span>. Prior to congressional approval or designation by the U.S. <span class="dictionary">Secretary</span> of Transportation, highways classified as National System of Interstate and Defense Highways, Dwight D. Eisenhower National System of Interstate and Defense Highways, <span class="dictionary">Interstate System</span>, or <span class="dictionary">federal-aid primary highway</span> as defined in this section shall be considered as the <span class="dictionary">National Highway System</span>.
			&#x201C;Nonconforming sign,&#x201D; &#x201C;nonconforming <span class="dictionary">advertisement</span>,&#x201D; or &#x201C;<span class="dictionary">nonconforming advertising structure</span>&#x201D; means one that was <span class="dictionary">lawfully erected</span> adjacent to any highway in the Commonwealth but that does not comply with the provisions of state <span class="dictionary">law</span>, state regulations, or <span class="dictionary">ordinances</span> adopted by local governing bodies passed at a later date or that later fails to comply with state <span class="dictionary">law</span>, state regulations, or <span class="dictionary">ordinances</span> adopted by local governing bodies due to changed conditions.
			&#x201C;<span class="dictionary">Person</span>&#x201D; includes an individual, partnership, association, or corporation.
			&#x201C;<span class="dictionary">Post</span>&#x201D; means <span class="dictionary">post</span>, display, print, paint, burn, nail, paste, or otherwise attach.
			&#x201C;<span class="dictionary">Real property</span>&#x201D; includes any property physically attached or annexed to <span class="dictionary">real property</span> in any manner whatsoever.
			&#x201C;<span class="dictionary">Rest area</span>&#x201D; means an area or site established and maintained within or adjacent to the right-of-way or under public supervision or control for the convenience of the traveling public.
			&#x201C;<span class="dictionary">Scenic area</span>&#x201D; means any public park or area of particular scenic beauty or historical significance designated as a <span class="dictionary">scenic area</span> by the <span class="dictionary">Board</span>.
			&#x201C;Sign&#x201D; means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is <span class="dictionary">visible</span> from any highway.
			&#x201C;<span class="dictionary">Trade name</span>&#x201D; includes a brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or services.
			&#x201C;Traveled way&#x201D; means the portion of a roadway for the movement of vehicles, exclusive of shoulders.
			&#x201C;<span class="dictionary">Turning roadway</span>&#x201D; means a connecting roadway for traffic turning between two intersection legs of an <span class="dictionary">interchange</span>.
			&#x201C;<span class="dictionary">Urban area</span>&#x201D; means an <span class="dictionary">urbanized area</span> or, in the case of an <span class="dictionary">urbanized area</span> encompassing more than one state, that part of the <span class="dictionary">urbanized area</span> within the Commonwealth, or an <span class="dictionary">urban place</span>.
			&#x201C;<span class="dictionary">Urbanized area</span>&#x201D; means an area so designated by the U.S. Census Bureau, within boundaries fixed by the <span class="dictionary">Commissioner of Highways</span>, in his discretion, in cooperation with the governing bodies of the localities affected and the appropriate federal authority. Such boundaries shall, at a minimum, encompass the entire <span class="dictionary">urbanized area</span> within a state as designated by the U.S. Census Bureau.
			&#x201C;<span class="dictionary">Urban place</span>&#x201D; means an area so designated by the U.S. Census Bureau having a population of 5,000 or more and not within any <span class="dictionary">urbanized area</span>, within boundaries fixed by the <span class="dictionary">Commissioner of Highways</span>, in his discretion, in cooperation with the governing bodies of the localities affected and the appropriate federal authority. Such boundaries shall, at a minimum, encompass the entire <span class="dictionary">urban place</span> designated by the U.S. Census Bureau.
			&#x201C;<span class="dictionary">Virginia byway</span>&#x201D; and &#x201C;<span class="dictionary">scenic highway</span>&#x201D; means those highways designated by the <span class="dictionary">Board</span> pursuant to &#xA7; <a class="law" title="Designation of scenic highways and Virginia byways" href="/33.2-405/">33.2-405</a>. For the purposes of this article, a <span class="dictionary">Virginia byway</span> means a scenic byway as referenced in 23 U.S.C. &#xA7; 131(s).
			&#x201C;<span class="dictionary">Visible</span>&#x201D; means capable of being seen (whether or not <span class="dictionary">legible</span>) without visual aid by a <span class="dictionary">person</span> of normal visual acuity. <a id="paragraph-247091" class="section-permalink" href="https://vacode.org/33.2-1200/#B"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7;&#xA7; 33-298, 33-310; 1954, c. 588; 1960, c. 406; 1962, c. 176; 1966, c. 663; 1970, c. 322, &#xA7;&#xA7; 33.1-351, 33.1-363; 1976, c. 14; 1980, c. 275; 1984, c. 750; 1993, c. 538; 1996, c. 777; 2000, cc. 432, 449; 2002, c. 672; 2012, c. 145; 2013, c. 127; 2014, c. 805.</history><metadata></metadata></law>
