[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR750.709]

[Page 364]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 750--HIGHWAY BEAUTIFICATION--Table of Contents
 
                 Subpart G--Outdoor Advertising Control
 
Sec. 750.709  On-property or on-premise advertising.

    (a) A sign which consists solely of the name of the establishment or 
which identifies the establishment's principal or accessory products or 
services offered on the property is an on-property sign.
    (b) When a sign consists principally of brand name or trade name 
advertising and the product or service advertised is only incidental to 
the principal activity, or if it brings rental income to the property 
owner, it shall be considered the business of outdoor advertising and 
not an on-property sign.
    (c) A sale or lease sign which also advertises any product or 
service not conducted upon and unrelated to the business or selling or 
leasing the land on which the sign is located is not an on-property 
sign.
    (d) Signs are exempt from control under 23 U.S.C. 131 if they solely 
advertise the sale or lease of property on which they are located or 
advertise activities conducted on the property on which they are 
located. These signs are subject to regulation (subpart A, part 750, 
chapter I, 23 CFR) in those States which have executed a bonus 
agreement, 23 U.S.C. 131(j). State laws or regulations shall contain 
criteria for determining exemptions. These criteria may include:
    (1) A property test for determining whether a sign is located on the 
same property as the activity or property advertised; and
    (2) A purpose test for determining whether a sign has as its sole 
purpose the identification of the activity located on the property or 
its products or services, or the sale or lease of the property on which 
the sign is located.
    (3) The criteria must be sufficiently specific to curb attempts to 
improperly qualify outdoor advertising as ``on-property'' signs, such as 
signs on narrow strips of land contiguous to the advertised activity 
when the purpose is clearly to circumvent 23 U.S.C. 131.