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27-74-211. Rules — Adoption and promulgation.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-74-211. Rules — Adoption and promulgation.
(a) After survey to determine existing outdoor advertising structures in this state and after public hearing, the State Highway Commission shall determine customary use in the display of outdoor advertising in this state with regard to size, lighting, and spacing in areas zoned commercial or industrial and in unzoned areas used for commercial or industrial purposes.
(b) The definition of an unzoned commercial or industrial area shall be determined by agreement between the commission and the United States Secretary of Transportation but shall be no more restrictive than that required by Title 23 of the United States Code. The commission shall then adopt and promulgate rules governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the purview of this chapter, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this chapter consistent with customary usage, the purposes of this chapter, and in agreement with the United States Secretary of Transportation.
(c) In the event that federal statutes, rules, or regulations conflict with the provisions of §§ 27-74-210 — 27-74-212 or rules promulgated thereunder, the commission is authorized to promulgate rules necessary to comply with federal law after first obtaining the advice of the Legislative Council thereon while pursuing, insofar as possible, the legitimate objectives of those sections.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-74-211
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:27-74-211
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 092c575d4ed123615200c2938295be6c998258cc7c6770ae29a2dcba88c66c41
Source location: content.xml paragraph 25377
Stored source content
27-74-211. Rules — Adoption and promulgation.
(a) After survey to determine existing outdoor advertising structures in this state and after public hearing, the State Highway Commission shall determine customary use in the display of outdoor advertising in this state with regard to size, lighting, and spacing in areas zoned commercial or industrial and in unzoned areas used for commercial or industrial purposes.
(b) The definition of an unzoned commercial or industrial area shall be determined by agreement between the commission and the United States Secretary of Transportation but shall be no more restrictive than that required by Title 23 of the United States Code. The commission shall then adopt and promulgate rules governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the purview of this chapter, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this chapter consistent with customary usage, the purposes of this chapter, and in agreement with the United States Secretary of Transportation.
(c) In the event that federal statutes, rules, or regulations conflict with the provisions of §§ 27-74-210 — 27-74-212 or rules promulgated thereunder, the commission is authorized to promulgate rules necessary to comply with federal law after first obtaining the advice of the Legislative Council thereon while pursuing, insofar as possible, the legitimate objectives of those sections.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-74-210. Land predominantly used for residential purposes.
(a) It is the legislative intent and purpose of this section to specifically define a certain term used in the agreement entered into between the State Highway Commission and the United States Secretary of Transportation pursuant to the authority granted in this chapter, as amended, particularly the term “land predominantly used for residential purposes” as that term is used in enumerating exclusions in the definition of “unzoned commercial, business, or industrial areas,” in order to clarify the terms of agreement and to enable the commission to more effectively and efficiently and uniformly administer the provisions of this chapter, as implemented by the agreement entered into between the commission and the United States Secretary of Transportation.
(b) As used in the agreement entered into between the commission and the United States Secretary of Transportation pursuant to the provisions of this chapter, “land predominantly used for residential purposes” means only those tracts of land within an unzoned commercial, business, or industrial area on a primary or interstate highway which are occupied by a building regularly and principally used as a residence and those tracts of land adjacent to those residential tracts which are under the same ownership as the residential tracts and which are actively used and maintained for residential purposes.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-74-210
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-74-210. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-74-212. Time limit for action on application for permit.
(a) It is the intent and purpose of this section to require the State Highway Commission to act on each application for a permit for the erection and maintenance of outdoor advertising coming within the purview of this chapter within sixty (60) days after such application is filed with the commission to assure the prompt disposition of such applications and to avoid the unnecessary hardship and expense to applicants which could result from unreasonable delay in taking action on the applications.
(b) When an application is filed with the commission or the Arkansas Department of Transportation under § 27-74-211 or rules adopted pursuant thereto for a permit to erect or maintain outdoor advertising, the commission or the department shall either grant or deny such permit within sixty (60) days from the date on which the application was filed with the commission or the department.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-74-212
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-74-212. This identifies an authority to review, not proof of applicability.