New Statewide Sign Regulations Opposed by ISA as Not Good for Business in Kentucky
For many years, billboards and other off-premise signs have been subject to regulations on both a municipal and a state level. On-premise signs are not subject to most Highway Beautification Act provisions and generally are exempt from state controls, regulated instead only through local permits. But newly proposed regulations in Kentucky could have a significant impact on any on-premise signs visible from interstates and highways. On behalf of the on-premise sign industry, ISA’s Kenny Peskin (@signcodeguy) testified before the Kentucky Transportation Cabinet (KYTC) in Frankfort, Ky. on February 24–26. Under the proposals, on-premise signs still would not require a state-issued permit, but must comply with the provisions of the state regulations. This distinction has proven important in several other states when sign owners are ordered to comply with longstanding regulations (dating back decades) that never have been enforced since adoption.
Many of the key objections raised by ISA included:
- a failure of the state to include on-premise sign users as an affected group in the regulatory impact statement;
- the improper application of billboard-appropriate definitions to describe (and regulate) on-premise signs;
- a failure to recognize that on-premise signs often are not permanently attached to the ground and may overhang the right-of-way (sidewalk); and
- that the state regulations lack provisions to preserve historically protected signs that may display obsolete content.
- Other objections and clarifications filled the 20 pages of ISA’s written comments opposing this regulation.
Additionally, ISA joined with several representatives of the outdoor advertising industry in opposition to proposed brightness standards for EMCs and digital billboards. The proposed Kentucky regulations would establish nighttime brightness limits at roughly 1/3 the appropriate levels supported by both ISA and OAAA (the leading national outdoor advertising industry association). The proposed daytime brightness levels would be set at approx. 5 percent of a reasonable level, rendering EMCs invisible during the day.
Following the hearings, the KYTC will respond to each point raised by ISA and other commenters. In the coming months, the state’s response will be released and additional versions of the proposed regulations may be released. ISA plans to continue its work to improve statewide regulations in Kentucky so as to minimize the impacts on the on-premise sign industry.
For additional information, please contact ISA’s Kenneth Peskin or Midwest Sign Association Executive Director Dee Scott.
