                                 CODE OF VIRGINIA

SPECIAL PROVISIONS PERTAINING TO INTERSTATE SYSTEM, NATIONAL HIGHWAY SYSTEM, AND
FEDERAL-AID PRIMARY HIGHWAYS (§ 33.2-1217)

A. Notwithstanding the territorial limitation set out in &#xA7; 33.2-1202, no
sign or advertisement adjacent to any Interstate System, National Highway
System, or federal-aid primary highway shall be erected, maintained, or
displayed that is visible from the main traveled way within 660 feet of the
nearest edge of the right-of-way, except as provided in subsections B and D, and
outside of an urban area, no sign or advertisement beyond 660 feet of the
nearest edge of the right-of-way of any Interstate System, National Highway
System, or federal-aid primary highway that is visible from the main traveled
way shall be erected, maintained, or displayed with the purpose of its message
being read from the main traveled way, except as set forth in subsection C.

B. The following signs, advertisements, or advertising structures may be
erected, maintained, and displayed within 660 feet of the right-of-way of any
Interstate System, National Highway System, or federal-aid primary highway:
			Class 1: Official signs. Directional and official signs and notices,
including signs and notices pertaining to the availability of food, lodging,
vehicle service and tourist information, natural wonders, scenic areas, museums,
and historic attractions, as authorized or required by law; however, where such
signs or notices pertain to facilities or attractions that are barrier free,
such signs or notices shall contain the International Symbol of Access. The
Board shall determine the type, lighting, size, location, number, and other
requirements of signs of this class.
			Class 2: On-premises signs. Signs not prohibited by other parts of this
article that are consistent with the applicable provisions of this section and
that advertise the sale or lease of, or activities being conducted upon, the
real property where the signs are located, provided that any such signs that are
located adjacent to and within 660 feet of any Interstate System highway and do
not lie in commercial or industrial zones within the boundaries of incorporated
municipalities, as such boundaries existed on September 21, 1959, wherein the
use of real property adjacent to the Interstate System is subject to municipal
regulation or control, or in areas where land use as of September 21, 1959, was
clearly established by state law as industrial or commercial, shall comply with
the following requirements:

   1. Not more than one sign advertising the sale or lease of the same property
   may be erected or maintained in such manner as to be visible to traffic
   proceeding in any one direction on any one Interstate System highway;

   2. Not more than one sign visible to traffic proceeding in any one direction
   on any one Interstate System highway and advertising activities being
   conducted upon the real property where the sign is located may be erected or
   maintained more than 50 feet from the advertised activity; and

   3. No sign, except one that is not more than 50 feet from the advertised
   activity, that displays any trade name that refers to or identifies any
   service rendered or product sold may be erected or maintained unless the name
   of the advertised activity is displayed as conspicuously as such trade name.
   				Class 3: Other signs. Any signs or advertisements that are located within
   areas adjacent to any Interstate System, National Highway System, or
   federal-aid primary highway that are zoned industrial or commercial under
   authority of state law or in unzoned commercial or industrial areas as
   determined by the Board from actual land uses. The Board shall determine the
   size, lighting, and spacing of signs of this class, provided that such
   determination shall be no more restrictive than valid federal requirements on
   the same subject.

C. The following signs, advertisements, or advertising structures may be
erected, maintained, and displayed beyond 660 feet of the right-of-way of any
Interstate System, National Highway System, or federal-aid primary highway
outside urban areas:

   1. Class 1 and Class 2 signs, advertisements, or advertising structures set
   forth in subsection B.

   2. All other signs, advertisements, or advertising structures erected,
   maintained, or displayed more than 660 feet from the nearest edge of the
   right-of-way of an Interstate System, National Highway System, or federal-aid
   primary highway, unless such sign or advertisement is visible from the main
   traveled way of such highways and erected, maintained, or displayed with the
   purpose of its message being read from the main traveled way of such highways.
   				In determining whether a sign, advertisement, or advertising structure is
   &#8220;erected, maintained, or displayed with the purpose of its message being
   read,&#8221; the Commissioner of Highways shall consider, at a minimum, the
   nature of the business or product advertised thereon, the availability of such
   business or product to users of the controlled highway, and the visibility of
   the sign, advertisement, or advertising structure from the main traveled way
   of the controlled highway. Such visibility may be measured by considering the
   size or height of the sign, advertisement, or advertising structure; the
   configuration, size, and height of recognizable emblems, images, and lettering
   thereon; the angle of the sign, advertisement, or advertising structure to the
   main traveled way of the controlled highway; the degree to which physical
   obstructions hinder the view of the sign, advertisement, or advertising
   structure from the main traveled way of the controlled highway; and the time
   during which such sign, advertisement, or advertising structure is exposed to
   view by travelers on the main traveled way of the controlled highway traveling
   at the maximum and minimum speeds posted.

D. In order to provide information in the specific interest of the traveling
public, the Department is authorized to maintain maps, permit informational
directories and advertising pamphlets to be made available at rest areas, and
establish information centers at rest areas for the purpose of informing the
public of places of interest within the Commonwealth and providing such other
information as may be considered desirable.

E. Notwithstanding any other provision of law, lawfully erected and maintained
nonconforming signs, advertisements, and advertising structures shall not be
removed or eliminated by amortization under state law or local ordinances
without compensation as described in subsection F.

F. The Commissioner of Highways is authorized to acquire by purchase, gift, or
the power of eminent domain and to pay just compensation upon the removal of
nonconforming signs, advertisements, or advertising structures lawfully erected
and maintained under state law or state regulations, provided that subsequent to
November 6, 1978, whenever any local ordinance that is more restrictive than
state law requires the removal of such signs, advertisements, or advertising
structures, the local governing body shall initiate the removal of such signs,
advertisements, or advertising structures with the Commissioner of Highways, who
shall have complete authority to administer the removal of such signs,
advertisements, or advertising structures. Upon proof of payment presented to
the local governing bodies, the local governing bodies shall reimburse the
Commissioner of Highways the funds expended that are associated with the removal
of such signs, advertisements, or advertising structures required by local
ordinances, less any federal funds received for such purposes. Notwithstanding
the provisions of this subsection, nothing shall prohibit the local governing
bodies from removing signs, advertisements, or advertising structures that are
made nonconforming solely by local ordinances so long as those ordinances
require the local governing bodies to pay 100 percent of the cost of removing
them and just compensation upon their removal.
			Such compensation is authorized to be paid only for the taking from the owner
of such sign or advertisement of all right, title, leasehold, and interest in
such sign or advertisement and the taking from the owner of the real property on
which the sign or advertisement is located of the right to erect and maintain
such sign or advertisement thereon.
			The Commissioner of Highways shall not be required to expend any funds under
this section unless and until federal-aid matching funds are made available for
this purpose.

HISTORY: Code 1950, § 33-317.1; 1960, c. 406; 1962, c. 176; 1966, c. 663; 1970,
c. 322, § 33.1-370; 1976, cc. 14, 29; 1980, c. 275; 1993, c. 538; 2000, cc.
432, 449; 2013, cc. 585, 646; 2014, c. 805; 2018, cc. 352, 353.