N.H. Admin. Code § Tra 601.06

Current through Register No. 50, December 12, 2024

Section Tra 601.06 - On-Premise Outdoor Advertising Devices

(a) To be classified as an on-premise advertising device, the device shall be:

(1) Owned by the owner, co-owner, lessee, or tenant of the real property on which the device is erected or maintained; and

(2) Used solely for the communication of information permitted by RSA 236:70, II and RSA 236:73, III.

(b) The following devices shall not qualify as an on-premise advertising device:

(1) A device sought to be erected pursuant to RSA 236:88-a on land owned or used by the State of New Hampshire for transportation purposes;

(2) A device on property taxed by municipal officials to an entity other than the advertised entity, unless the advertised entity occupies the property as a co-owner, or under a written lease or tenancy agreement;

(3) A device on property that cannot be put to any reasonable use related to the advertised activity other than the erection of signage, including but not limited to a device placed at the end of a narrow strip of property; or land normally inaccessible due to topographical characteristics;

(4) A device on land when the only legal basis for use of the land by the owner of the device is an easement;

(5) A device located on land so burdened by an easement appurtenant to another property or in gross to another person that it cannot be put to any reasonable use related to the advertised activity other than the erection of signage;

(6) A device on land owned by the advertised entity, but used or devoted to a purpose unrelated to, or not accessory to, the advertised entity;

(7) A device advertising products, services or activities not produced, available, conducted or performed on the land where the device is located;

(8) A device consisting primarily of brand name or trade name advertising, if:

a. The owner of the land receives compensation or rental income for its existence; or

b. The product or service advertised is only incidental to the principal activity conducted on the land;

(9) A device advertising directions to, or the sale or lease of the land upon which it is placed, but which also advertises any product, service, or business activity unrelated to the sale or lease of the land on which the device is located;

(10) A device which advertises the sale or lease of the land upon which it is placed, but which also identifies a corporation or business activity as the property owner more conspicuously than the for sale or lease message;

(11) A device located more than 50 feet from the advertised activity, measured as follows:

a. For a business, commercial or industrial use, from the regularly used buildings, parking lots, storage or processing areas, or other structures essential to the conduct of the business;

b. For noncommercial use, from the major structures on the property; and

c. For all uses, no measurement shall be made from a driveway, fence, or other facility used for the purpose of access, landscape improvement, or to delineate a boundary;

(12) A device that can only be installed or maintained from a point on land owned by another or by the state; and

(13) A device located on land owned by the advertised activity, but physically separated from the activity by a publicly accessible way.

(c) If the owner, lessee, or occupant of the parcel of land ceases to conduct the activity advertised on the device, the structure or device shall thereafter be treated as a new off-premise advertising device unless the advertising copy is changed to a use permitted by RSA 236:73 III, IV, or V within a reasonable time, not to exceed 90 days.

(d) A device within a business center shall continue to be classed as on-premise regardless of any of the following occurrences:

(1) The creation or construction of a publicly accessible common parking area, driveway, public or private street, overpass, divider, connector, or easement intended for ingress or egress, regardless of where or when created or constructed;

(2) The sale, transfer, or conveyance of an individual lot, parcel, or parcels less than the whole, within the development project; or

(3) The sale, transfer, conveyance, or change of name or identification of a business within the business center.

N.H. Admin. Code § Tra 601.06

#8005, eff 12-17-03; ss by #10033, eff 11-23-11