After January 1, 2020, applications for non-reflective Official Business Directional Signs are no longer being accepted.
1.Sign Eligibility. To qualify for an official business directional sign, the applicant must be one of the following:B. A point of interest; orC. A cultural, historic, recreational, educational or religious facility2.Location Requirements and Maximum Number of Signs AllowedA.General Requirements(1) Signs shall be located within the public right-of-way on approaches to intersections where travelers must change direction from one travel way to another, or at a defined decision point where the motorist must make a decision to leave a roadway to enter a separately named roadway, to reach a business, service, or point of interest, or where appropriate at requested intersections.(2) A business, point of interest, or facility shall not be permitted more than one sign at any one intersection approach. Each place of business, point of interest or facility shall be eligible for a maximum number of six official business directional signs.(3) Destinations having a supplemental guide sign on the interstate and not located on the roadway where the ramps intersect are required to have OBDS continuity signs. These signs do not count toward the overall maximum number of signs described in sub-¶ (2) above.(4) The place of business, point of interest or facility must be within a ten mile radius of the proposed location of the sign.(5) Signs shall be located so as to avoid visual conflict with other signs, to have the least impact on the scenic environment and to take advantage of the natural terrain. Signs shall not be permitted at locations where the directional information contained thereon may be misinterpreted, misleading, or otherwise confusing to the traveling public.B.Interstate and Controlled Access HighwaysSigns shall not be permitted within the right-of-way of the interstate highway system and fully controlled access highways.
C.Lateral Clearances and Vertical ClearancesLateral and vertical clearances shall conform to the MUTCD.
D.Intersection Sign Placement(1) Signs must be within 2,500 feet of the intersection where a change in direction is required unless a waiver is issued in accordance with this rule.(2) Signs shall be located so as not to interfere with, obstruct, or divert a driver's attention from a traffic control sign or device. Traffic control signs or devices placed at intersection approaches subsequent to the placement of official business directional signs shall have precedence as to location and may require the relocation of official business directional signs. Unless traffic safety is not adversely affected, official business directional signs in general shall be at least 200 feet from traffic control signs or devices.(3) In order to provide continuous guidance to the motorist, if a change in direction is necessary, or if there is a road designation change at any intersection within the direct route to the business that is located between an OBDS sign and the business location, the applicant shall be required to provide additional OBDS at those intersections, not to exceed the maximum allowable number of signs described within section (b).(4) Successive sign assemblies shall be spaced sufficiently apart for drivers to comprehend the messages contained thereon.E.Official Business Directional Sign AssembliesThere shall be a maximum of three signs per assembly and each sign shall be mounted three inches from the next sign below or above it. Reflectorized and pre-existing non-reflectorized signs may exist on the same sign assembly.
3.MaterialsSign panel material shall be high density overlaid plywood a minimum of one-half inch thick or other comparable material. All material furnished under this Section shall be durable and weather resistant. MaineDOT is not responsible for sign material that does not meet these criteria.
4.Reflectorized SignsA.General(1) Reflectorized signs shall be standard in design, color, and reflectorization.(2) Sign legends shall be specific in identifying the name of the appropriate business or other service. Messages, symbols, and logos which interfere with, imitate, or resemble any official traffic control device or serve to advertise rather than identify a business are prohibited.B.Size(1) Sign sizes, layout, and letter sizes shall conform to the dimensions and details shown in Appendix, Figure 2. To protect highway safety and visual quality, the Department may require signs to be smaller than 12 by 48 inches for certain intersections and areas.(2) Sign sizes at particular locations must be consistent with the visual and aesthetic character of those locations and with sign sizes which have been previously approved.(3) Signs erected prior to the enactment of these rules are not required to meet the new size standards outlined under this sub-section. Replacement of those signs must comply with the new size standards.C.Color(1) The background color of all signs shall be blue and shall be in accordance with MUTCD Color Specifications ( 23 CFR § 655) Blue-294.(2) All legend and border of all signs shall be white. The edges and back of the signboards shall be sealed and painted a dark shade of brown.(3) Signs erected prior to the enactment of these rules are not required to meet the new color standards outlined under this sub-section. Replacement of those signs must comply with the new color standards.D.Lettering and Layout(1) All lettering used in the name of the business or service, including the directional legend, shall be Helvetica Bold or Highway Series, Gothic, E Modified font, medium lower-case lettering with initial upper-case. Letter sizes and number of characters per line within the legend shall be as shown in Appendix, Figure 2.(2) The logo or symbol, if used, shall be located on the opposite end of the sign from the directional arrow. Text may be used in lieu of a symbol or a logo within this section of the sign(3) Layout of the signboard and legend including the logo or symbol shall conform to good graphic layout practices.E.Symbols and LogosA symbol or logo may be used at the owner's option and may be of any color or colors. If a symbol is used, it shall be identical to the appropriate design as set forth in Appendix, Figure 1. In addition, a specific business logo or text may be used instead of a symbol or logo within the logo section of the sign.
F.Reflectorization(1) The background, sign legend, and border of all signs shall be reflective with high intensity prismatic reflective sheeting with clear overlay and transparent ink to display the same shape and color for both day and night. Reflective sheeting shall consist of a smooth, flat exterior film with spherical glass lens elements embedded beneath the surface and a pre-coated adhesive backing protected by a removable liner. Reflective sheeting must be of a "Federal ASTM-D-4956-99" or "ASTM-D-4956-07" rating. Vinyl overlay is not permitted.(2) Illumination by special interior or exterior supplemental lighting is not permitted.G.Installation and Maintenance(1) Official business directional signs shall be furnished by the owner or the applicant. The signs shall be installed by the Department at approved locations on sign posts furnished by the Department. The Department shall be responsible for maintenance of the sign supports.(2) Signboards that become lost, stolen, defaced, or otherwise damaged or deteriorated shall be replaced by the owner and reinstalled by the Department. All replacement signs shall meet the current standards of this section.(3) The owners of Official Business Directional Signs that represent businesses, service facilities, or points of interest no longer offering such traveler assistance, or of signs that are no longer applicable because of business name changes, business relocations, or for any other reason, shall notify the Department so that such signs can be removed.(4) Failure to properly maintain the OBDS sign panel by the owner or to notify the Department if OBDS sign is no longer applicable will result in removal of the sign by the Department.5. Businesses or organizations that have an OBDS sign removed because of failure to maintain an active OBDS account due to non-payment shall have no expectation that the former sign location on an OBDS post will be available after any potential reactivation of the cancelled account. Incases where there are waiting lists for the placement of OBDS signs, the Department may deny an appeal to reactivate a lapsed OBDS account and refuse to issue a reinstallation permit.6.Waiver ProvisionsA. Whenever the Commissioner determines that the standards for sign assemblies as set forth above will adversely affect highway safety at an intersection or the visual quality of the immediate neighborhood, the Commissioner may impose more stringent standards including prohibition.B. Whenever the Commissioner determines that a change in the distances, number of signs per assembly, and number of assemblies at an approach to an intersection will not interfere with highway safety nor adversely impact the visual quality of the immediate neighborhood, the Commissioner may waive the requirements contained in Distances and OBDS Sign Assemblies.C. The Commissioner may waive the specific requirements for location and number of OBDS signs if an applicant can show unusual hardship due to conditions of topography, access or other physical characteristics.D. In place of Official Business Directional Signs, the Commissioner may order the installation of an Official Information Center to be located within a reasonable distance of the intersection. Once such a center is established, no OBDS sign shall be permitted at such intersection.E. The Commissioner shall designate to the State Traffic Engineer of the Department the authority to exercise the responsibilities of this section.7.Seasonal BasisThe owner of a business, service, or point of interest that is temporarily or seasonally closed may cover the OBDS sign during the off-season. The cover must be held firmly in place so as not to injure or deface the signboard.
8.AdministrationThis section governs the review and approval of applications, municipal certification requirements, fees for initial applications and for sign renewals, non-transferability of licenses, and variance provisions.
A.Applications(1) Application for an Official Business Directional Sign shall be made on forms furnished by the Department. Applications will be processed and permits issued in the order of receipt of applications by DOT.(2) Any application for an Official Business Directional Sign is subject to review by the Department. The Department shall have final responsibility and authority to determine the specific size and location of any OBDS sign. Signs not deemed to meet the intent and purpose of the law or the criteria established in these regulations shall not be approved or erected.(3) Businesses or organizations that have an OBDS application on a waiting list and have been notified by MaineDOT that they have become eligible for an OBDS sign installation at the requested intersection must submit all necessary applications and required fees within 30 days of the notification. Failure to submit all necessary applications and required fees within 30 days will result in elimination from the waiting list.B.Conformity with Laws(1) The applicant for an Official Business Directional Sign shall provide certification from an appropriate municipal official that the proposed sign is in conformity with all applicable municipal sign ordinances, unless the OBDS sign is needed for continuity signage for supplemental interstate guide signs or interstate logo signs(2) A municipality may not deny OBDS signage to a business located in another municipality if there is sufficient space to place the sign at any given intersection. The municipality may impose color and size restrictions on any OBDS within their municipality.C.Application FeesA $30 refundable application fee will be required for each requested OBDS sign. Applications fees will be used as payment for the first year of program membership for approved applications. Application fees that are submitted with applications that are not ultimately approved will be refunded. MaineDOT shall notify the business if applications are denied for any reason.
D.Renewal Fees(1) Permits for business directional signs are to be renewed annually at a fee determined by the Commissioner.(2) Failure to pay renewal fees within ninety days from the initial billing will result in removal of OBDS signs by the State. Renewal fees are not refundable for installations of less than a full year.(3) A $30 reactivation fee per sign will be charged to businesses/organizations that apply to reactivate a cancelled account. This fee is in addition to the renewal fee.E.Non-transferabilityPermits for the installation of directional signs are not transferable except in the following cases: Business name change, with same ownership; new ownership, but same business name; or change of legend with same ownership.
9.ReconsiderationAny interested party with standing (as defined by Maine Law) may request reconsideration of a licensing decision by the State Traffic Engineer, but must do so in writing within 30 business days after notice of the Department's licensing decision.
The request for reconsideration must set forth the findings and conclusions of the Department to which the person objects, the basis of those objections, the nature of the relief requested, and whether a hearing is requested. If requested and if the State Traffic Engineer determines a hearing is warranted, a hearing will be held ordinarily within 15 business days of receiving the reconsideration request.
The State Traffic Engineer will issue a written decision, ordinarily within 15 business days of receiving the reconsideration request or, if a hearing is held, within 15 business days of the close of the hearing. The decision will set forth the State Traffic Engineer's reasons for either affirming or modifying the original licensing decision.
The running of the time for appeal pursuant to Part 9 of this rule and the Administrative Procedure Act is tolled by a timely request for reconsideration filed under this section. The full time for appeal commences and is computed from the date of the final Department action addressing the request for reconsideration. The filing of a request for reconsideration, however, is not an administrative or judicial prerequisite for the filing of an appeal under Part 9.
10.AppealsAppeal of final decisions of the State Traffic Engineer must be made in writing to the Commissioner within 15 business days of notice of the licensing or reconsideration decision (whichever is later) of the State Traffic Engineer. The appeal decision of the Commissioner or his or her designee will be considered final agency action.
Judicial review of such final agency action must be in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §11001, et seq. and Rule 80C of the Maine Rules of Civil Procedure.
17-229 C.M.R. ch. 205, § 2