Colorado § 43-1-415 - Administration and enforcement - authority for agreements - rules.

§ 43-1-415. Administration and enforcement - authority for agreements - rules.

(1) The department shall administer and enforce the provisions of this part 4 and shall promulgate and enforce rules and standards necessary to carry out the provisions of this part 4 including, but not limited to:

(a) Rules necessary to qualify the state for payments made available by congress to those states that meet federal standards of roadside advertising control;

(b) Rules relating to the maintenance of nonconforming advertising devices;

(c) Rules to control the erection and maintenance on all state highways of advertising devices located in areas zoned for industrial or commercial uses;

(d) Rules governing the removal and acquisition of nonconforming advertising devices;

(e) Rules necessary to permit the exemption of tourist-related advertising devices by the secretary of transportation under 23 U.S.C. sec. 131 (o);

(f) Rules governing specific information signs under section 43-1-420.

(2) Nothing in this part 4 shall be construed to permit advertising devices to be erected or maintained which would disqualify the state for payments made available to those states which meet federal standards of roadside advertising control.

(3) The department may enter into agreements with the secretary of transportation of the United States to carry out the national policy concerning outdoor advertising adjacent to the interstate system and federal-aid primary highways and to accept any allotment of funds by the United States, or any department or agency thereof, appropriated in furtherance of federal-aid highway legislation.

(4) The rules of the department must not impose any additional requirements or more strict requirements than those imposed by this part 4.

Source: L. 81: Entire part R&RE, p. 2017, § 1, effective July 1. L. 92: (4) added, p. 1343, § 3, effective July 1. L. 2021: (1) and (4) amended, (SB 21-263), ch. 388, p. 2592, § 7, effective June 30.

Editor's note: This section is similar to former § 43-1-410 as it existed prior to 1981.

Cross references: For promulgation of rules and regulations, see article 4 of title 24.

ANNOTATION

Department did not abuse its authority by providing that a billboard is deemed abandoned if the billboard has been blank or has displayed obsolete advertising materials for six months. Lack of any intent requirement in the regulation does not cause the regulation to be more strict than the federal Outdoor Advertising Act. Nat'l Advertising Co. v. Dept. of Transp., 932 P.2d 871 (Colo. App. 1997).