Billboard Laws and Regulation | Scenic America (2024)

Billboard Laws and Regulation

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Lady Bird’s Law and its Legacy

Billboards that are located within 660 feet of federal-aid roads are regulated under the Highway Beautification Act (HBA) of 1965, also known as “Lady Bird’s Law.” Federal-aid roads include all national highways and many other public roads that are not classified as local roads or rural minor collectors.

Passed by Congress and signed by President Lyndon B. Johnson, the HBA:

  • Requires states to maintain “effective control” of outdoor advertising along federal highways or else be subject to a loss of 10 percent of their federal-aid highway fund.
  • Prohibits billboards in areas with non-commercial activity.
  • Prohibits new billboards that don’t conform to certain size, spacing, and lighting requirements.

When the HBA was passed,each state was required to enter into a mandatory agreement with the federal governmentthat set forth sign controls in commercial and industrial areas based on customary usage within the individual state at the time the agreement was signed.

Billboards that are not located along federal aid roads are regulated by local sign ordinances that vary by community. Local cities, towns, or counties may impose stricter regulations on outdoor advertising than the state or federal government does. Additionally, nonconforming signs on state or local roads not covered by the Highway Beautification Act are often governed by local ordinances that do not allow them to be substantially altered or expanded either.

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Who owns the land on which billboards are sited?

Billboard companies usually lease the land where billboards are erected from third-party landlords. In almost all states, billboard structures are considered trade fixtures permanently affixed to the land unless otherwise characterized in the lease agreement between the landowner and the sign company.

The value of billboards is derived directly from public use of the roadways.

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Billboards and the First Amendment

Most local jurisdictions have the right to enact strict bans on digital signs in spite of state rules that may permit them. In almost all states, localities may ban billboards outright or may restrict the size and types of billboards that are allowed.

The only thing they cannot restrict is the content and what appears on the billboard.

In 2022, the U.S. Supreme Court affirmed the constitutionality of digital billboard bans in the case of City of Austin v. Reagan.

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FAQs

Billboard Laws and Regulation | Scenic America? ›

New billboards continue to be constructed annually.

Are there laws about what you can put on a billboard? ›

Billboards and the First Amendment

In almost all states, localities may ban billboards outright or may restrict the size and types of billboards that are allowed. The only thing they cannot restrict is the content and what appears on the billboard.

What US states ban billboards? ›

Combined with those on local and state roads there are likely over 2 million billboards in the United States today. Four states prohibit all billboards: Maine, Vermont, Alaska and Hawaii. Larger cities with prohibitions on new billboards include Houston, Los Angeles, St. Paul and Kansas City.

Can you put a billboard anywhere? ›

Billboards can be placed almost anywhere, with a few restrictions. They are prohibited in Hawaii, Alaska, Maine, and Vermont, though you do have many other outdoor ad format options in these states.

What is the Beautification Act of America? ›

In its finalized form, the Highway Beautification Act placed restrictions on the size, spacing, and lighting of roadside billboards, allowed the masking of junkyards or garbage dumps to preserve roadside beauty, and the authorization of use of the Highway Trust Fund for landscaping and recreation services within the ...

What is not allowed on billboards? ›

Illegal activities: Billboards cannot promote or endorse illegal activities such as drug use, gambling (where prohibited), or any other criminal behavior. False or misleading information: Advertisem*nts that contain false, deceptive, or misleading statements are generally prohibited.

What is the billboard rule? ›

We've all heard the Six-Second Billboard Rule: how any information the viewer can't absorb in six seconds is wasted. In reality, even six seconds is a bit optimistic. A focused, impactful three-second “read” that allows some breathing space is actually more effective.

What is the difference between a billboard and a hoarding? ›

Billboards and advertising hoardings are similar in their promotional purposes, but with a difference in their usual locations. While billboards can be seen in various different locations, hoardings are only found around construction projects as an interesting combination of a safety barrier and promotional display.

What is the difference between a billboard and a banner? ›

Reach and Visibility: Billboard advertising offers a wide reach as it is placed in high-traffic areas, capturing the attention of a large audience. On the other hand, banner ads can be strategically placed on websites, targeting specific online audiences.

Are billboards government owned? ›

Some real estate companies own and lease Billboard space on their properties including spaces on buildings and rooftops. In places where outdoor advertising is regulated by the government, local governments may own and manage Billboards. In some cases, even individuals may own Billboards.

What places banned billboards? ›

Currently, four states—Vermont, Alaska, Hawaii, and Maine—have prohibited billboards. Vermont's law went into effect in 1968, Hawaii's law went into effect in 1927, Maine's law went into effect in 1977, and Alaska's law went into effect upon its achievement of statehood in 1959.

How profitable is owning a billboard? ›

Most billboards use impressions to determine how successful they are. In some areas, billboards can earn as much as 5,000 and can go as high as 20,000 a month in high-traffic areas. Billboards can bring in over 100,000 a month in the most coveted locations.

Can you put anything you want on a billboard? ›

If you can find a billboard company that will sell you the space, and you're willing to spend the money, you can post anything you want, as long as it's truthful.

What is the American Decency Act? ›

The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate p*rnographic material on the Internet. In the 1997 landmark case Reno v.

What is the Clean Act USA? ›

The Clean Air Act (CAA) (42 U.S.C. 7401 et seq.) is a comprehensive Federal law that regulates all sources of air emissions. The 1970 CAA authorized the U.S. Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards (NAAQS) to protect public health and the environment.

What is the United States Face Act? ›

What is the Freedom of Access to Clinic Entrances Act? The FACE Act makes it a federal crime to use force, the threat of force, or physical obstruction to prevent individuals from obtaining or providing reproductive health care services.

Can you put a personal message on a billboard? ›

Send personal messages, birthday, special occasion, and anniversary wishes, and graduation announcements with a billboard personal message or greeting card. Pick a card and sign it, choose from our billboard inventory map and post it on local billboards.

What is the new billboard policy? ›

Billboard removed merchandise bundles from consideration in 2020, less than a year after instituting other restrictions aimed at reducing gamification of album sales. Under the new rules, artists may only sell two different “fan bundle” variations, which must come with a physical copy of the album and a merch item.

References

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