Section 226.530

Title XIV ROADS AND WATERWAYS

Chapter 226

Effective - 28 Aug 1995   

  226.530.  Permits — rulemaking. — The state highways and transportation commission is required to issue one-time permanent permits as provided in section 226.550 for the erection and maintenance of outdoor advertising along the interstate and primary highway systems and subject to section 226.540 to promulgate only those rules and regulations of minimal necessity and consistent with customary use to secure to this state any federal aid contingent upon compliance with federal laws, rules and regulations relating to outdoor advertising.  No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1965 2d Ex. Sess. p. 900 § 4, A.L. 1972 S.B. 382, A.L. 1995 S.B. 3)

(1977) Held, it was intent of legislature to require permits for all signs other than those in areas zoned commercial and industrial.  Different treatment in zoned and unzoned areas is a reasonable classification. National Advertising Co. v. State Highway Commission (A.), 549 S.W.2d 536.

(1992)  The commission has discretion to permit logo signs, where logo signs announce the availability of purveyors of food, fuel and lodging at highway exits.  Program represents a use of the right of way by the commission and does not violate section which refers to restrictions on signs on private property, but visible from the highway.  The signs give specific information of interest to the traveling public.  Missouri Outdoor Advertising Association, Inc. v. Missouri State Highways and Transportation Commission, 826 S.W.2d 342 (Mo. en banc).

(1993) Local ordinance which directly prohibits any new off-premises commercial signs and does not merely supplement or enlarge billboards act is preempted by sections 226.500 to 226.600, RSMo, because ordinance conflicts with express purpose of statutes.  National Advertising Co. v. Mo. State Highway and Transportation Commission, 862 S.W.2d 953 (Mo. App. E.D.).