Colorado § 43-1-411 - Issuance of permits prohibited - when.

§ 43-1-411. Issuance of permits prohibited - when.

(1) No permit shall be issued for the erection, use, or maintenance of any advertising device which is or would be:

(a) At a point where it would encroach upon the right-of-way of a public highway without written approval of the department;

(b) Along the highway within five hundred feet of the center point of an intersection of such highway at grade with another highway or with a railroad in such manner as materially to obstruct or reduce the existing view of traffic on the other highway or railroad trains approaching the intersection and within five hundred feet of such center point;

(c) Along a highway at any point where it would reduce the existing view of traffic in either direction or of traffic control or official highway signs to less than five hundred feet;

(d) Designed, used, or intended to be designed or used to include more than two advertising panels on an advertising device facing in the same direction.

(2) On or after July 1, 1981, no permit shall be issued for any advertising device which required a permit under state law prior to July 1, 1981, and for which no permit was obtained.

(3) No permit shall be issued for any advertising device which simulates any official, directional, or warning sign erected or maintained by the United States, this state, or any county or municipality or which involves light simulating or resembling traffic signals or traffic control signs.

(4) No permit shall be issued for any advertising device nailed, tacked, posted, or attached in any manner on trees, perennial plants, rocks, or other natural objects or on fences or fence posts or poles maintained by public utilities.

(5) No permit shall be issued nor any renewal issued for any advertising device which becomes decayed, insecure, or in danger of falling or otherwise is unsafe or unsightly by reason of lack of maintenance or repair, or from any other cause.

(6) No permit shall be issued for any advertising device which does not conform to size, lighting, and spacing standards as prescribed by rules and regulations adopted by the department, where such rules and regulations were adopted prior to the erection of said device.

Source: L. 81: Entire part R&RE, p. 2013, § 1, effective July 1. L. 2001: (1)(d) amended, p. 411, § 2, effective April 19.

Editor's note: This section is similar to former § 43-1-418 as it existed prior to 1981.

ANNOTATION

Subsection (6) is no more restrictive than the prohibition contained in prior regulations under the old act, and therefore the prohibition is not unconstitutionally retrospective with respect to removal of a noncomplying sign under both the old and new acts. Nat. Advertising Co. v. Dept. of Highways, 718 P.2d 1038 (Colo. 1986).