[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR750.503]

[Page 365-366]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 750_HIGHWAY BEAUTIFICATION--Table of Contents
 
          Subpart E_Signs Exempt From Removal in Defined Areas
 
Sec. 750.503  Exemptions.

    (a) The Federal Highway Administration (FHWA) may approve a State's 
request to exempt certain nonconforming signs, displays, and devices 
(hereinafter called signs) within a defined area from being acquired 
under the provisions of 23 U.S.C. 131 upon a showing that removal would 
work a substantial economic hardship throughout that area. A defined 
area is an area with clearly established geographical boundaries defined 
by the State which the State can evaluate as an economic entity. Neither 
the States nor FHWA shall rely on individual claims of economic 
hardship. Exempted signs must:
    (1) Have been lawfully erected prior to May 5, 1976, and must 
continue to be lawfully maintained.
    (2) Continue to provide the directional information to goods and 
services offered at the same enterprise in the defined area in the 
interest of the traveling public that was provided on May 5, 1976. 
Repair and maintenance of these signs shall conform with the State's 
approved maintenance standards as required by subpart G of this part.
    (b) To obtain the exemption permitted by 23 U.S.C. 131(o), the State 
shall establish:
    (1) Its requirements for the directional content of signs to qualify 
the signs as directional signs to goods and services in the defined 
area.
    (2) A method of economic analysis clearly showing that the removal 
of signs would work a substantial economic hardship throughout the 
defined area.
    (c) In support of its request for exemption, the State shall submit 
to the FHWA:

[[Page 366]]

    (1) Its requirements and method (see Sec. 750.503(b)).
    (2) The limits of the defined area(s) requested for exemption, a 
listing of signs to be exempted, their location, and the name of the 
enterprise advertised on May 5, 1976.
    (3) The application of the requirements and method to the defined 
areas, demonstrating that the signs provide directional information to 
goods and services of interest to the traveling public in the defined 
area, and that removal would work a substantial economic hardship in the 
defined area(s).
    (4) A statement that signs in the defined area(s) not meeting the 
exemption requirements will be removed in accordance with State law.
    (5) A statement that the defined area will be reviewed and evaluated 
at least every three (3) years to determine if an exemption is still 
warranted.
    (d) The FHWA, upon receipt of a State's request for exemption, shall 
prior to approval:
    (1) Review the State's requirements and methods for compliance with 
the provisions of 23 U.S.C. 131 and this subpart.
    (2) Review the State's request and the proposed exempted area for 
compliance with State requirements and methods.
    (e) Nothing herein shall prohibit the State from acquiring signs in 
the defined area at the request of the sign owner.
    (f) Nothing herein shall prohibit the State from imposing or 
maintaining stricter requirements.

Subpart F [Reserved]