[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR750.708]

[Page 386]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 750--HIGHWAY BEAUTIFICATION--Table of Contents
 
                 Subpart G--Outdoor Advertising Control
 
Sec. 750.708  Acceptance of state zoning.

    (a) 23 U.S.C. 131(d) provide that signs ``may be erected and 
maintained within 660 feet of the nearest edge of the right-of-way 
within areas . . . which are zoned industrial or commercial under 
authority of State law.'' Section 131(d) further provides, ``The States 
shall have full authority under their own zoning laws to zone areas for 
commercial or industrial purposes, and the actions of the States in this 
regard will be accepted for the purposes of this Act.''
    (b) State and local zoning actions must be taken pursuant to the 
State's zoning enabling statute or constitutional authority and in 
accordance therewith. Action which is not a part of comprehensive zoning 
and is created primarily to permit outdoor advertising structures, is 
not recognized as zoning for outdoor advertising control purposes.
    (c) Where a unit of government has not zoned in accordance with 
statutory authority or is not authorized to zone, the definition of an 
unzoned commercial or industrial area in the State-Federal agreement 
will apply within that political subdivision or area.
    (d) A zone in which limited commercial or industrial activities are 
permitted as an incident to other primary land uses is not considered to 
be a commercial or industrial zone for outdoor advertising control 
purposes.