37 Miss. Code R. § 1-7501-09002-1700

Current through December 10, 2024

Section 37-1-7501-09002-1700

SPECIALLY AUTHORIZED SIGNS and NOTICES shall be controlled by this Section 1700. The standards, restrictions or processes herein are solely applicable to the sign types specifically named in Section 1700.1 below. Similarly, with the exception of the Definitions in Section 300, the administrative review process in Section 1800 or any other Section specified herein, none of the standards, restrictions or processes in the other sections of this Rule shall apply to the signs specified in Section 1700.1 below. The signs named in this section are specifically exempted from paying a permit fee.

1. SPECIALLY AUTHORIZED SIGNS and NOTICES include the following:

a. Directional Signs: Signs containing directional information about public places owned or operated by Federal, State or local governments of their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

b. Public Service Signs: These are signs located on school bus stop shelters which are authorized or approved by city, county or state law, regulations or ordinances at places approved by the city, county or MDOT. No shelters will be permitted on the MDOT right of way.

c. Service Club and Religious Information Signs: Signs and notices, whose erection is authorized by law, relating to meetings of non-profit service clubs or charitable associations, or religious services and directions to said meeting places.

d. Public Utility Signs: Warning signs, informational signs, notices or markers which are customarily erected and maintained by public or privately owned utilities, as essential to their operation.

e. Official Signs and Notices: Signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction pursuant to and in accordance with direction or authorization contained in Federal, State, or local law for the purposes of carrying out an official duty or responsibility.

NOTE: Historic monuments and markers authorized by State law erected by State or local government agencies or non-profit historical societies are not considered as being either outdoor advertising signs or directional or other Specially Authorized signs and notices and are not subject to control by this Rule.

f. Other Signs: Signs erected prior to June 15, 1966, and which do not conform to the size, location and spacing requirements of this Rule and are not otherwise prohibited in Section 1700.3 are authorized to be maintained as defined in this Rule.

g. "Welcome to (Community/City/County Name)" Encroachment Signs: Specially Authorized signs erected within communities and unincorporated areas of counties shall be maintained by public officers or elected county officials while carrying out an official duty or responsibility. Welcome to (Community/City/County Name) signs may be erected on or off the right-of-way subject to the provisions set out belowh. "Acknowledgement" sign: This Specially Authorized sign becomes a part of "Welcome to (Community/City/County Name)" encroachment sign permit acknowledging landscaping, maintenance, and appearance improvements at the site of said city/county permitted sign.

NOTE: Signs erected prior to June 15, 1966 and which do not conform to the requirements in this Section and are not otherwise prohibited in this section are authorized to be maintained as defined in this Section.

2. Authorized directional and other Specially Authorized signs on and/or adjacent to the highway right-of-way shall adhere to the following standards:

a.Directional Signs

i. Size: No directional signs shall exceed the following limits:

A. Maximum height of face- 20 feet

B. Maximum length of face- 20 feet

C. Maximum area - 150 square feet - including border and trim

ii. Spacing and location:

A. Each location of a directional sign must be approved by MDOT. Directional signs may be erected adjacent to the highway right-of-way.

B. No directional sign may be located within 2000 feet of an interchange, or at grade intersection.

C. No directional sign may be located within 2000 feet of the edge of a welcome center, rest area, parkland or scenic area.

D. No two (2) directional signs facing the same direction of travel shall be spaced less than one (1) mile apart.

E. Not more than three (3) directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity.

F. Signs located adjacent to the Interstate System shall be within 75 air miles of the activity.

G. Signs located adjacent to the Primary System shall be within 50 air miles of the activity.

H. Directional signs may be allowed on the right-of-way. Directional signs located on the right-of-way must be permitted through the Traffic Engineering Division of MDOT, subject to their regulations.

I. All signs not specifically authorized to be located on the right of way must be located adjacent to the right of way.

iii. Message Content:

The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating this attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases and pictorial or photographic representations of the activity or its environs are prohibited.

b.Public Service Signs

i. Size: Not to exceed thirty (32) square feet in area, including border and trim.

ii. Location: Located only on school bus shelters as described in Section 1700.1.b of this Rule. No shelters will be permitted on the right of way of State highways. Not more than one sign on each shelter may face in any one direction. Public Service Signs will not be allowed on the MDOT right-of-way. They may be erected adjacent to highway right-of-way.

iii. Message Content:

(1) Identify the donor, sponsor or contributor of said shelter:

(2) Contain safety slogans or messages which shall occupy not less than sixty (60) percent of the area of the sign: and

(3) Contain no other message.

c.Service Club and Religious Information Signs

i. Size: Not to exceed eight (8) square feet, including border and trim.

ii. Location:

A. Signs conveying information only may be erected on the premises of the Service Club or Religious Organization.

B. Signs conveying directional information for Service Clubs and Religious Organizations may be located adjacent to the highway right-of-way in any area not prohibited in Section 700.5 of this Rule. Signs conveying directional information must be located within 10 air miles of the premises of the Service Club or Religious Organization. Each Service Club or Religious Organization shall be limited to two (2) signs conveying directional information.

C. Signs conveying directional information for Service Club and Religious Information Organizations may not be located on the MDOT right-of-way or adjacent to an Interstate or a Freeway.

iii. For signs conveying information only, several notices may be placed on a single "billboard" type support; however, the size of each sign shall conform to the requirements of Section 1700.2.c.i above.

d.Public Utility Signs

There are no limitations as to size, spacing or location of these signs.

e.Official Signs and Notices

There are no limitations as to size and spacing of Official Signs and Notices. These signs may be located in any area adjacent to the highway right-of-way not prohibited by Section 700.5 of this Rule.

f."Welcome to (Community/City/County Name)"

Signs located on/or adjacent to the highway right-of-way are controlled by this rule. The District Engineer or his/her representative has the responsibility for the implementation of the "Welcome To" and "Acknowledgement" sign program. Questions of interpretation concerning these guidelines are to be discussed with the State Maintenance Engineer. Any deviation from these guidelines must be approved by the Chief Engineer. The District Engineer or his/her representative shall advise the applicant of the disposition of their application. It is preferable that "Welcome to (Community/City/County Name)" Signs be located adjacent to the right of way if at all possible. Where location adjacent to the right of way is impossible, the sign may be located on the right of way.

i. Signs located on the right of way shall be administered and approved by the District Engineer as an encroachment in conformity with the MUTCD and the following:

A. Size: The size of "Welcome to (Community/City/County Name)" signs permitted to be erected under this subsection will be determined by the District Engineer in consideration of the amount of available right-of-way.

B. "Welcome to (Community/City/County Name)" signs erected on highway right-of-way shall have the closest edge of said sign at least fifty (50) feet from the nearest edge of pavement and no closer than five (5) feet from the right-of-way line except in curb and gutter sections. In curb and gutter sections with a speed limit of forty-five (45) MPH or less, the minimum distance may be reduced to ten (10) feet from the outside edge of the curb.

C. "Welcome to (Community/City/County Name)" encroachment signs proposed on controlled access highways at uncontrolled exits or side roads will be considered on a case-by-case basis. Said determination shall be made by the District Engineer.

D. "Welcome to (Community/City/County Name)" encroachment signs shall be located at a site where the cutting of trees can be kept to a minimum.

ii. "Welcome to (Community/City/County Name)"Signs located adjacent to the right of way shall be approved by the State Maintenance Engineer subject to the following:

A. Size: The size of "Welcome to (Community/City/County Name)" signs permitted to be erected under this subsection will be determined by the State Maintenance Engineer on a case by case basis. However, the maximum size allocated for non-advertising recognition signs contained within the "Welcome to (Community/City/County Name)" shall be 24 square feet.

B. "Welcome to (Community/City/County Name)" signs shall be located at a site where the cutting of trees can be kept to a minimum.

iii. Spacing and Location: Whether they are located on or off of the right of way, "Welcome to (Community/City/County Name)" signs shall be located near the city limits or county line as dictated by terrain and to avoid visual conflict with other signs within the highway right-of-way. Each Community/City/County shall be limited to one such sign as close as practically possible at each location where the community/city limit or county line and the subject highway intersect. For unincorporated areas of a county, the sign should be as close as practically possible to the established boundary of the community and is subject to review by the State Maintenance Engineer and the State Traffic Engineer.

iv. "Welcome to (Community/City/County Name)" encroachment signs are strictly prohibited on or adjacent to the right-of-way of Interstates and Freeways effective July 1, 2017 for unincorporated areas.

v. Message Content regardless of location shall be restricted to "Welcome to (Community/City/County Name)" or "(Community/City/County Name) Welcomes You" and an established Community/City/County logo or slogan. No advertisements and/or other signs/messages shall be included, attached to, or in the proximity of the proposed sign except an "Acknowledgement" sign or "Recognition" sign. "Recognition" signs are designations, honors, or certifications bestowed upon the applicable City or County. "Acknowledgement" or "Recognition" signs shall conform with content and size provisions described herein and as approved by the State Maintenance Engineer.

g."Acknowledgement" Signs

i. Size: "Acknowledgement" Signs shall be no larger than 24 inches long by 24 inches wide. The top of an "Acknowledgement" Sign shall be no higher than four (4) feet above the ground.

ii. Spacing and Location: "Acknowledgement" signs may be located on highway right-of-way and must be within ten (10) feet of a "Welcome to ( Community/City/County Name)" Sign. One (1) "Acknowledgment" Sign is allowed for each "Welcome to (Community/City/County Name)" Sign. The "Acknowledgment" sign shall not block the view of the "Welcome to (Community/City/County Name)" Sign.

iii. Message Content: The "Acknowledgement" sign shall have white letters on a blue background. The Message on the sign shall read "maintained by (Sponsor's Name)" or "Sponsored by (Sponsor's Name)". No company logo, color, or advertisement of any kind will be allowed.

h."Recognition" Signs

i. Size: Each individual "Recognition" Sign may vary in size; however, all recognition signs shall be located within a maximum total 24 square foot area.

ii. Spacing and Location: "Recognition" signs may be located on or within ten (10) feet of a "Welcome to (Community/City/County Name)" Sign. If located on the "Welcome to (Community/City/County Name)" Sign, the recognition sign shall follow "Welcome to (Community/City/County Name)" or "(Community/City/County Name) Welcomes You" and any Community/City/County logo or slogan. Each'Recognition' sign may vary in size, but all'Recognition' Signs posted on a 'Welcome To' sign shall be located within an area not to exceed twenty four (24) square feet and shall be located below the Welcome to (Community/City/County Name) portion of the sign. Only one (1) "Recognition" Sign is allowed for each "Welcome to (Community/City/County Name)" Sign. Any "Recognition" not attached to the 'Welcome to (Community/City/County Name) sign structure shall not block the view of the "Welcome to (Community/City/County Name)" Sign.

iii. Message Content: "Recognition" signs shall include nonadvertising Designations, Honors, or Certifications bestowed upon the applicable City or County. "Recognition" signs shall conform with content and size provisions described herein and as approved by the State Maintenance Engineer. No company logo, color(s), or advertisement of any kind will be allowed.

3. Standards applying to all signs in this Section:

a. Other than Service Club and Religious Information signs, double faced or "V"-type structures will not be permitted for signs under this Section.

b. Construction should conform to the applicable requirements set forth in the current edition of the Outdoor Advertising Association of America's "Plant Operations Guideline Manual"; to the applicable local sign companies' specifications; or to the local governmental unit's (City or County) ordinances, whichever is more restrictive.

c. Wood shall not be used for structural purposes in the ground unless pressure treated with appropriate preservatives.

d. The backs of all structures not shielded by buildings or otherwise hidden should be completely painted in a neutral color to camouflage the back of the sign.

e. Methods of construction and materials used shall not produce a sign which, when viewed from the rear, presents an unsightly appearance.

f. Lighting: Signs may be illuminated in adherence to the customary practices of the sign industry in Mississippi subject to the following:

i. Signs which contain, include, or are illuminated by any flashing; intermittent or moving light or lights are prohibited

ii. Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Federal Aid Interstate or Federal Aid Primary Highway, or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

iii. No sign may be so illuminated as to interfere with the effectiveness of or to obscure an official traffic sign, device or signal.

iv. All wiring for signs placed on highway right-of-way shall be underground and in conduit and shall conform to the National Electric Code.

4. Directional Sign Selection Methods and Criteria for Privately-Owned Activities and Attractions to be located off the right of way.

a. Privately owned activities or activities eligible for directional signing are limited to:

i. Natural Phenomena

ii. Scenic Attractions

iii. Historic Sites

iv. Educational Sites

v. Cultural Sites

vi. Scientific Sites

vii. Religious Sites

viii. Outdoor Recreational Areas

b. To be eligible, privately owned activities or attractions must be nationally or regionally known, and of outstanding interest to the traveling public.

c. The owner(s) or any privately owned activity or attraction listed in Section 1700.4.a who desire to erect directional signs, must furnish the District Engineer of the district in which the activity or attraction is located a statement describing the activity or attraction. The statement should indicate the average number of visitors per day in summer and winter; state that adequate rest room and parking facilities are furnished; and show evidence that the activity or attraction is nationally or regionally known and of outstanding interest to the traveling public. Such evidence could be an approved listing in the National Register of Historic Places; a guest register with a listing of the home states of the visitors; or any other evidence that could establish the fact that the activity is nationally or regionally known and of outstanding interest to the traveling public.

d. The District Engineer shall forward the statements, evidence, etc., to the State Maintenance Engineer. After verification of the information submitted by the owner, the State Maintenance Engineer will submit the information to the Commission for approval.

e. If the Commission determines that the activity or attraction meets the requirements of Sections 1700.4.a and 1700.4.b, the owner(s) may submit an application on Form MND-805, Application for Permit to Erect Directional or Other Specially Authorized Signs Adjacent to Mississippi Federal Aid Primary or Interstate Highways, for erection of directional signs in accordance with the requirements of this Section. Effective July 1, 2017, signs erected by the Department for the member institutions of the Mississippi Association of Independent Colleges and Universities shall be administered by the Traffic Engineering Division.

5. Permits

General:

a. A permit must be secured from the Department by any person or company before erecting any sign controlled by this Section with the exception of Public Utility Signs as defined herein.

b. Procedure

i. For all signs under Section 1700.1.a through 1700.1.f.

A. Each person, company or entity desiring to erect a sign subject to the permitting requirements of this section shall make application on Form MND-805 listed above. Upon receipt of said application in proper form and properly executed, the District Engineer or his/her representative will inspect the proposed location, check all information required, sign for field inspection and forward the completed application to the State Maintenance Engineer for approval.

B. If the application is in order and complies with State statutes and the provisions of this section, the State Maintenance Engineer or his/her representative will approve applications for signs to be located off the right of way and shall enter the permit number on the form. The Traffic Engineering Division has the responsibility for approving signs to be located on the right-of-way. Copies of the approved permit will be forwarded to the appropriate District Engineer for distribution to the applicant and other affected parties.

C. The applicant shall advise the State Permit Officer in writing, as soon as the sign is erected in order that a final inspection can be made. For all signs located adjacent to the right-of-way, a permit marker, showing the permit number, shall be affixed to the sign by the Permit Officer for the Control of Outdoor Advertising in a prominent location that can be viewed from the highway. Permit markers will not be issued for signs located on the highway right-of-way.

ii. For "Welcome to (Community/City/County Name)" or

"Acknowledgement" signs, defined in Sections 1700.1.g. and 1700.1.h.

A. All Cities/Counties making application for a " Welcome to (Community/City/County Name)", "Acknowledgement", or Recognition sign shall submit Form MND-004, Application for Permit to Locate Certain Facilities on or to Perform Certain Work on State Highway Right of Way. Upon receipt of this application, the District Engineer will make the appropriate inspection and authorize the permit at his discretion. For all permits for signs under this paragraph to be located on the right-of-way, the District Engineer will notify the Traffic Engineering Division.

B. A permit for a recognition sign must be associated with an existing or proposed " Welcome To (Community/City/County Name) sign. Each organization, individual, business, and/or industry may make application to install an "Acknowledgement" sign recognizing their efforts for furnishing and maintaining landscaping and/or grounds at the "Welcome to (Community/City/County Name)" sign sites that are permitted on highway right-of-way. Although the application may be completed and submitted by the applicant, the permit will be granted in the name of the Community/City/County and will become a part of the "Welcome to (Community/City/County Name)" sign permit. The Community/City/County is responsible for approving the sponsor named on the "Acknowledgement" sign and for change of the sponsor, if necessary.

If anyone has any questions relative this program, contact the State Maintenance Engineer.

c. General Provisions

i. Each permit issued under this section will expire twelve (12) months from the date of approval. No extension of this time will be granted. If the work has not been completed before expiration application must be made for another permit.

ii. Nothing contained in this Rule shall be construed to limit in any way the authority or any municipality in which the sign is to be erected or to waive any requirement of a municipality for a permit for the erection of such sign.

iii. The denial of the application herein shall entitle the applicant to an administrative review in accord with Section 1800 in this Rule.

FEES: There are no fees chargeable on permit applications made under this Section.

6. Maintenance of Signs

a. Signs shall be satisfactorily maintained and failure to do so shall be sufficient cause for disapproval of subsequent permits.

b. Grounds surrounding the sign structure should be kept clean and all weeds should be cut regularly. Whenever practicable, locations should be planted with grass or otherwise landscaped. There should be a frequent check of condition of the area surrounding sign structures. Accumulated debris or weeds should be eliminated promptly

37 Miss. Code. R. § 1-7501-09002-1700

Amended 5/27/2021