Oklahoma HB 2053: Transportation; outdoor advertising; defining term; effective date.

Bill Text

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ENGROSSED HOUSE
BILL NO. 2053 By: Stinson of the House

and

Frix of the Senate

An Act relating to transportation; amending 69 O.S.
2021, Section 1273, which relates to outdoor
advertising definitions; defining term; and providing
an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1273, is
amended to read as follows:
Section 1273. As used in Section 1271 et seq. of this title:
(a) "Sign", "outdoor advertising" or "outdoor advertising
device" means any outdoor sign, display, device, notice, figure,
painting, drawing, message, placard, poster, billboard or other
thing which is designed, intended or used to advertise or inform,
but shall not include surface markers showing the location or route
of underground utility facilities or pipelines or public telephone
coin stations installed for emergency use.
(b) "Main traveled way" 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

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opposite directions is a main traveled way. It does not include
such facilities as frontage roads, turning roadways or parking
areas.
(c) "To erect" and its variants means to construct, build,
raise, assemble, place, affix, attach, create, paint, draw or in any
other way bring into being or establish. But these shall not
include any of the foregoing activities when performed as incident
to the change of advertising message or customary maintenance of the
sign structure.
(d) "Unzoned commercial or industrial areas" means those areas
which are not zoned by state or local law, regulation or ordinance,
and on which there is located one or more permanent structures
devoted to a commercial or industrial activity or on which a
commercial or industrial activity is actually conducted, whether or
not a permanent structure is located thereon, and the area along the
highway extending outward six hundred (600) feet from and beyond the
edge of such activity on both sides of the highway. Provided,
however, the unzoned area shall not include land on the opposite
side of an interstate or dual-laned limited access primary highway
from the commercial or industrial activity establishing the unzoned
commercial or industrial area or land on the opposite side of other
federal-aid primary highways, which land is deemed scenic by an
appropriate agency of the state.

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All measurements shall be from the outer edges of the regularly
used buildings, parking lots, storage or processing areas of the
commercial or industrial activities, not from the property lines of
the activities, and shall be along or parallel to the edge of
pavement of the highway. Such an area shall not include any area
which is beyond six hundred sixty (660) feet from the nearest edge
of the right-of-way. In unzoned commercial or industrial areas,
signs shall not be located:
(1) Within three hundred (300) feet of any building used
primarily as a residence, unless the owner of the
building consents in writing to allow the sign to
exist; or
(2) Within five hundred (500) feet of any of the
following: public park, garden, recreation area or
forest preserve, church, school and officially
designated historical battlefield.
All spacing considerations are determined by whether or not they
exist within the adjacent or control area.
(e) "Commercial and industrial activities" means those
activities, clearly visible from the main traveled way, generally
recognized as commercial or industrial by zoning authorities in this
state, except that none of the following shall be considered
commercial or industrial:

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(1) Agricultural, forestry, ranching, grazing, farming and
related activities, including, but not limited to,
wayside fresh produce stands;
(2) Outdoor advertising structures;
(3) Transient or temporary activities;
(4) Activities more than six hundred sixty (660) feet from
the nearest edge of the right-of-way;
(5) Activities conducted in a building principally used as
a residence; and
(6) Railroad tracks and minor sidings.
(f) "Official signs" means signs and notices erected and
maintained by public officers or public agencies within their
territorial jurisdiction and pursuant to and in accordance with
direction or authorization contained in federal or state law for the
purposes of carrying out an official duty or responsibility.
(g) "Informational signs" means signs containing directions or
information about public places owned or operated by federal, state
or local governments or their agencies, publicly or privately owned
natural phenomena, historic, cultural,