Bill Text: IL HB2764 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Highway Advertising Control Act of 1971. Repeals a provision concerning registration and fees for signs near highways. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0056 [HB2764 Detail]

Download: Illinois-2013-HB2764-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Highway Advertising Control Act of 1971 is
amended by changing Sections 3.12, 4.02, 4.03, 4.04, 5, and 8
and by adding Sections 3.17, 3.18, and 3.19 as follows:
(225 ILCS 440/3.12) (from Ch. 121, par. 503.12)
Sec. 3.12. Business area. (a) "Business area" means any
part of an area adjacent to and within 660 feet of the
right-of-way which is at any time zoned for business,
commercial or industrial activities under the authority of any
law of this State; or not so zoned, but which constitutes an
unzoned commercial or industrial area as defined in Section
3.11. However, as to signs along Interstate highways, the term
"business area" includes only areas which are within
incorporated limits of any city, village, or incorporated town,
as such limits existed on September 21, 1959, and which are
zoned for industrial or commercial use, or both, or to portions
of Interstate highways which traverse other areas where the
land use, as of September 21, l959, was established by State
law as industrial or commercial, or both.
With respect to signs owned or leased by the State or a
political subdivision, an area zoned for business, commercial,

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or industrial activities that is adjacent to and within 660
feet of an Interstate highway and that is in Township 41 North,
Range 10 East of the Third Principal Meridian, shall be deemed
a "business area" for purposes of this Act. This zoning must
have been a part of comprehensive zoning and not have been
created primarily to permit outdoor advertising structures as
described in 23 CFR 750.
(b) The changes to this Section made by this amendatory Act
of the 95th General Assembly are intended to comply with the
federal Highway Beautification Act of 1965, 23 U.S.C. 131, and
the regulations promulgated thereunder by the Secretary of the
United States Department of Transportation. To the extent that
the Secretary of the United States Department of Transportation
or any court finds the changes to this Section made by this
amendatory Act to be inconsistent with or preempted by such law
or regulations, the changes shall be repealed to the extent
necessary to cure such inconsistency or preemption.
(c) The provisions of this amendatory Act of the 95th
General Assembly shall not be applicable if such application
would impact the receipt, use, or reimbursement of federal
funds by the Illinois Department of Transportation.
(Source: P.A. 95-340, eff. 1-1-08.)
(225 ILCS 440/3.17 new)
Sec. 3.17. On-premise signs. "On-premise sign" means any
sign advertising a business or activity conducted on the

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property on which they are located.
(225 ILCS 440/3.18 new)
Sec. 3.18. Off-premise signs. "Off-premise sign" means any
sign advertising a business or activity not being conducted on
the same property as the sign.
(225 ILCS 440/3.19 new)
Sec. 3.19. Real estate signs. "Real estate sign" means any
sign advertising solely the sale or lease of the property on
which the sign is located.
(225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
Sec. 4.02. Real estate signs. Real estate signs as defined
in Section 3.19 of this Act. However, real estate signs must
comply only with the provisions in Section 5 of this Act. Signs
advertising the sale or lease of property on which they are
located, which signs, if along Interstate highways outside a
"business area", comply with the following requirements:
(a) There may not be more than one such sign designed to
attract traffic on the Interstate highway proceeding in any one
direction;
(b) The sign may not exceed 150 square feet in size;
(c) No such sign may be erected or maintained which
attempts or appears to attempt to direct the movement of
traffic or which interferes with, indicates or resembles any

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official traffic sign, signal or device;
(d) No such sign may be erected or maintained which
prevents the driver of a vehicle from having a clear and
unobstructed view of official signs and approaching or merging
traffic;
(e) No such sign may be erected or maintained which
contains, includes, or is illuminated by any flashing,
intermittent or moving light or lights;
(f) No lighting may be used in any way, in connection with
any such sign, unless it is so effectively shielded as to
prevent beams or rays of light from being directed at any
portion of the main-traveled way of the highway, or is of such
low intensity or brilliance as not to cause glare or to impair
the vision of the driver of any motor vehicle, or to otherwise
interfere with any driver's operation of a motor vehicle;
(g) No such sign may be erected or maintained which moves
or has any animated or moving parts and no such sign may be
erected or maintained upon trees or painted or drawn upon rocks
or other natural features.
(Source: P.A. 77-1815.)
(225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
Sec. 4.03. On-premise signs. On-premise signs as defined in
Section 3.17 of this Act. However, on-premise signs must comply
only with the provisions in Section 5 of this Act. Signs
advertising activities conducted on the property on which they

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are located; which, if along Interstate highways outside a
"business area" comply with the following requirements:
(a) There may not be more than one such sign located more
than 50 feet from such activity designed to attract traffic on
the Interstate highway proceeding in any one direction;
(b) No such sign visible to traffic on an Interstate
highway and located more than 50 feet from such activity, which
displays any trade name referring to or identifying any service
rendered or any product sold, used or otherwise handled, may be
permitted unless the name of the advertised activity is
displayed as conspicuously as such trade name. This restriction
does not apply if the trade name identifies or characterizes
places for lodging, eating, telephone facilities, vehicle
service and repair, or identifies vehicle equipment, parts,
accessories, fuels, oils or lubricants being offered for sale
at such places;
(c) No such sign in excess of 20 feet in length, width or
height, or 150 square feet in area, including border and trim,
but excluding supports, may be erected or maintained more than
50 feet from the activities conducted upon the property where
the sign is located;
(d) The sign must comply with subparagraphs (c), (d), (f)
and (g) of Section 4.02;
(e) No such sign may be erected or maintained which
contains, includes, or is illuminated by any flashing,
intermittent or moving light or lights except those which may

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be changed at reasonable intervals by electronic process or by
remote control as long as these do not interfere with the
effectiveness of an official traffic control device.
(Source: P.A. 81-550.)
(225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
Sec. 4.04. Off-premise signs. Off-premise signs Signs
which are erected in business areas after the effective date of
this Act and which comply, when erected, with Sections 5, 6
(subject to provisions of Section 7) and 8 of this Act.
(Source: P.A. 77-1815.)
(225 ILCS 440/5) (from Ch. 121, par. 505)
Sec. 5. No sign may be erected or maintained that:
(a) attempts or appears to attempt to direct the movement
of traffic or which interferes with, indicates, or resembles
any official traffic sign, signal, or device, or which prevents
the driver of a vehicle from having a clear and unobstructed
view of official signs and approaching or merging traffic;
Imitates or resembles an official traffic sign, signal or
device;
(a-5) contains, includes, or is illuminated by any
flashing, intermittent, or moving light or lights, except those
changed at reasonable intervals by electronic process or by
remote control, as long as they do not interfere with the
effectiveness of an official traffic control device, or those

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giving public service information, such as, without
limitation, time, weather, date, and temperature; no lighting
may be used in any way in connection with any sign, unless it
is so effectively shielded as to prevent beams or rays of light
from being directed at any portion of the main-traveled way of
the highway, or is of such low intensity or brilliance as not
to cause glare or to impair the vision of the driver of any
motor vehicle or to otherwise interfere with any driver's
operation of a motor vehicle;
(b) is Is erected, painted or drawn upon trees, rocks, or
other natural features;
(c) is Is structurally unsafe or in disrepair;
(c-5) advertises or promotes activities that are illegal
under federal or State law in effect at the location of those
signs or activities; or
(d) is Is erected adjacent to a scenic byway that is a
primary or Interstate highway after the effective date of this
amendatory Act of 1996, except those signs described in
Sections 4.01, 4.02, 4.03, 4.06, and 4.08 of this Act.
(Source: P.A. 89-605, eff. 8-2-96.)
(225 ILCS 440/8) (from Ch. 121, par. 508)
Sec. 8. Within 90 days after the effective date of this
Act, each sign, except signs described by Sections Section
4.01, and signs along primary highways described by Sections
4.02, and 4.03, must be registered with the Department by the

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owner of the sign, on forms obtained from the Department.
Within 90 days after the effective date of this amendatory Act
of 1975, each sign located beyond 660 feet of the right-of-way
located outside of urban areas, visible from the main-traveled
way of the highway and erected with the purpose of the message
being read from such traveled way, must be registered with the
Department by the owner of the sign on forms obtained from the
Department. The Department shall require reasonable
information to be furnished including the name of the owner of
the land on which the sign is located and a statement that the
owner has consented to the erection or maintenance of the sign.
Registration must be made of each sign and shall be accompanied
by a registration fee of $5.
No sign, except signs described by Sections Section 4.01,
and signs along primary highways described by Sections 4.02,
and 4.03, may be erected after the effective date of this Act
without first obtaining a permit from the Department. The
application for permit shall be on a form provided by the
Department and shall contain such information as the Department
may reasonably require. Upon receipt of an application
containing all required information and appropriately executed
and upon payment of the fee required under this Section, the
Department then issues a permit to the applicant for the
erection of the sign, provided such sign will not violate any
provision of this Act. The application fee shall be as follows:
(1) for signs of less than 150 square feet, $50;

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(2) for signs of at least 150 but less than 300 square
feet, $100; and
(3) for signs of 300 or more square feet, $200.
Upon change of sign ownership the new owner of the sign
shall notify the Department and supply the necessary
information to renew the permit for such sign at no cost within
60 days after the change of ownership. Any permit not so
renewed shall become void.
Owners of registered signs shall be issued an identifying
tag, which must remain be securely affixed to the front face of
the sign or sign structure in a conspicuous position by the
owner within 60 days after receipt of the tag; owners of signs
erected by permit shall be issued an identifying tag which must
remain be securely affixed to the front face of the sign or
sign structure in a conspicuous position by the owner upon
completion of the sign erection or within 10 days after receipt
of the tag, whichever is the later.
(Source: P.A. 87-1205.)
(225 ILCS 440/4.07 rep.)
Section 10. The Highway Advertising Control Act of 1971 is
amended by repealing Section 4.07.
Section 99. Effective date. This Act takes effect upon
becoming law.