Tennessee § 54-17-206 - Advertising structures, junkyards, and trash dumping.

§ 54-17-206. Advertising structures, junkyards, and trash dumping.

The provisions of the Scenic Highway System Act of 1971, compiled in part 1 of this chapter, regarding signs, outdoor advertising devices, junkyards, and trash dumping applies to the Tennessee parkway system. If a conflict exists between this part and part 1 of this chapter regarding signs, outdoor advertising devices, junkyards, and trash dumping, due to a road having been designated as being on both the scenic highway system pursuant to part 1 of this chapter and the parkway system pursuant to this part, then part 1 of this chapter shall prevail. It is the intent of the general assembly that nothing contained in this subsection (a) shall be construed as having any retroactive force or taking away any vested right or be applied to any contractual obligation. Subsection (a) shall not apply to those parts of the system lying within any comprehensively zoned area, unless otherwise provided by the zoning regulations and within one-half (½) mile of any section of the parkway system where it crosses an interstate highway system. The following signs are excepted from this part: 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 five hundred square feet (500 sq. ft.) in total area if the sign is an on-premises device; or Have a sign face that does not exceed twenty square feet (20 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 twenty square feet (20 sq. ft.) and more than one (1) such sign is located on the same property. Acts 1982, ch. 865, § 7; 1984, ch. 613, §§ 1, 2, 4; 1990, ch. 873, § 1; 1991, ch. 233, § 1; 2020, ch. 706, § 6. Compiler's Notes. 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 designated former (a)(1) as present (a), inserted “The provisions of the Scenic Highway System Act of 1971, compiled in” and “signs, outdoor” twice, substituted “devices” for “structures” twice and “subsection (a)” for “subdivision (a)(1)”; designated former (a)(2) as present (b) and substituted “Subsection (a)” for “Subdivision (a)(1)”; designated former (a)(3) as present (c) and rewrote the subsection, which read: “The commissioner of transportation may authorize the construction of advertising structures described in § 54-17-109(1) no larger than five hundred square feet (500 sq. ft.) and the construction and maintenance of signs that do not exceed eight square feet (8 sq. ft.) in area for nonprofit service clubs, charitable associations or religious services in accordance with criteria contained in rules and regulations that the commissioner is authorized to promulgate.”; and deleted former (a)(4) and (b), which read: “(a)(4) The commissioner may also authorize the construction of advertising structures of the size specified in subdivision (a)(3) for business establishments located within five (5) miles of a parkway route that provide services to persons traveling on that route. This subdivision (a)(4) shall apply only to that portion of Highway 79 located west and south of the Tennessee River that is in the Tennessee parkway system.; (b) All business establishments shall be entitled to erect and maintain two (2) directional signs of less than seventy-five square feet (75 sq. ft.) indicating the location of their business premises, with the spacing and zoning required by present laws.” Effective Dates. Acts 2020, ch. 706, § 12. June 22, 2020. Cross-References. Advertising, junkyards, and trash on scenic highway system, §§ 54-17-108 — 54-17-111 . Exemption of certain advertising structures from permits and fees, § 54-21-107 . Attorney General Opinions. State billboard regulations, OAG 04-082 (4/30/04).