Tennessee § 54-17-109 - Excepted signs.

§ 54-17-109. Excepted signs.

The following signs are excepted from § 54-17-108 : Official signs and notices, including directional and warning signs, authorized or required by law; Utility signs; and Signs other than outdoor advertising devices, as defined in § 54-21-102, if such signs: Have a sign face that does not exceed one hundred square feet (100 sq. ft.) in total area if the sign is an on-premises device; or Have a sign face that does not exceed twelve square feet (12 sq. ft.) in total area if the sign is not an on-premises device; Do not contain any flashing, intermittent, or moving lights; and Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twelve square feet (12 sq. ft.) and more than one (1) such sign is located on the same property. Acts 1971, ch. 431, § 9; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 7; T.C.A., § 54-2509; Acts 1992, ch. 693, § 16; 1995, ch. 476, § 2; 1995, ch. 530, §§ 1, 3-5; 1996, ch. 1000, §§ 1, 3-7; 1997, ch. 71, § 1; 1997, ch. 156, § 2; 2000, ch. 615, § 1; 2020, ch. 706, § 3. Compiler's Notes. Acts 1995, ch. 530, §§ 3 and 4 enumerated populations whose counties would not be subject to (15)(A). However, in light of § 5 of that act, set out in (15)(B), §§ 3 and 4 are deemed to be of no effect and have not been set out above. Acts 1996, ch. 1000, § 2 provided for the repeal of Acts 1995, ch. 518, § 6 concerning the inapplicability of that act to any scenic highway compiled in title 54, chapter 17, part 1. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 2020, ch. 706, § 11 provided that notwithstanding any law to the contrary, if the department of transportation receives documentation from a federal agency that compliance with a provision of this act jeopardizes federal funding or grant money for the department, then the department shall promulgate emergency rules to address the area of noncompliance with the federal law referenced in the federal agency documentation. The department shall comply with each provision of this act that does not jeopardize the federal funding or grant money. The emergency rules promulgated pursuant to this section may conflict with and take precedence over statutory provisions to effectuate the purposes of this section. The commissioner of transportation shall deliver to the executive secretary of the Tennessee code commission a copy of the documentation from the federal agency. Amendments. The 2020 amendment rewrote this section which read: “The following advertising structures, or parts of the structures, are excepted from all provisions of § 54-17-108 ; however, as to advertising structures referred to in subdivisions (1)-(3) and (10), this exception shall not apply if the structures are larger than one hundred square feet (100 sq. ft.) or more frequent than one (1) sign of permissible size to every one thousand feet (1,000') per road or highway frontage, except that an owner or lessee may display at least one (1) sale or rental sign of permissible size on each piece of property for sale or rent: “(1) Those constructed by the owner or lessee of a place of business or residence on land belonging to the owner or lessee and not more than one hundred feet (100') from the place of business or residence, and relating solely to merchandise services or entertainment sold, produced, manufactured or furnished at the place of business or residence; “(2) Those constructed, erected, operated, used or maintained on any farm by the owner or lessee of the farm and relating solely to farm produce, merchandise, service or entertainment sold, produced, manufactured or furnished on the farm; “(3) Those upon real property posted or displayed by the owner or by the authority of the owner, stating that real property is for sale or rent; “(4) Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of the officer's official or directed duties, or by trustees under deeds of trust, deeds of assignment or other similar instruments; “(5) Danger or precautionary signs relating to the premises on which they are located, signs warning of the condition of or dangers of travel on a highway or road, erected or authorized by the department of transportation or applicable local agency or forest fire warning signs erected under authority of the department of agriculture and signs, notices or symbols erected by the United States government under the direction of the United States forest service; “(6) Signs solely to denote route to any city, town, village or historic place or shrine; “(7) Notices of any railroad, bridge, ferry or other transportation or transmission company necessary for the direction or safety of the public; “(8) Signs, notices or symbols for the information of aviators as to location, directions and landings and conditions affecting safety in aviation; “(9) Signs or notices placed at a junction of two (2) or more roads in the state highway system denoting only the distance or direction of a residence or subdivision; “(10) Signs or notices erected or maintained on property giving the name of the owner, lessee or occupant of the premises; “(11) Advertisements, advertising signs and advertising structures within the corporate limits of cities or towns; “(12) Historical markers erected by duly constituted authorized public authorities; “(13) Highway or road markers and signs erected or caused to be erected by duly authorized public authorities; “(14) Signs erected on property warning the public against hunting and fishing or trespassing; “(15) (A) Except as provided in subdivision (15)(B), tourist oriented directional signs complying with chapter 5, part 13 of this title; “(B) (i) Subdivision (15)(A) shall not apply in counties having a population, according to the 1990 federal census or any subsequent federal census, of: not less than not more than 285,000 286,000 335,000 336,000 “(ii) Subdivision (15)(A) shall only apply to a local government coming under its provisions after January 1, 1996, which by vote of its local legislative body chooses to apply subdivision (15)(A) to itself. Any tourist oriented directional signs program (TODS) authorized by the general assembly before January 1, 1996, shall continue in operation as originally authorized; and “(16) Directional signs of eight square feet (8 sq. ft.) or less for churches and nonprofit educational institutions. The signs must be located off the roadway or highway right-of-way.” Effective Dates. Acts 2020, ch. 706, § 12. June 22, 2020. Cross-References. Advertising structures or junkyards prohibited on scenic highways, authority of commissioner to acquire, § 54-17-108 . Applicability to parkway system, § 54-17-206 . Billboard regulation and control, title 54, ch. 21. Removal or abatement of advertising structures and junkyards, § 54-17-110 . Attorney General Opinions. State billboard regulations, OAG 04-082 (4/30/04). Collateral References. Validity and construction of state or local regulation prohibiting off-premises advertising structures. 81 A.L.R.3d 486.