Congress has declared that outdoor advertising and junkyards in areas adjacent to the Highway Beautification Control System (HBCS) should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and preserve natural beauty.
The State of Nebraska, by enacting legislation which became effective March 27, 1972, has elected to participate in the control of advertising signs and junkyards.
Highway Beautification efforts by the Right of Way Division consists of two areas: outdoor advertising and junkyards.
Outdoor Advertising Control: Control the erection and maintenance of outdoor advertising signs, displays and devices along the HBCS. This control may also include the acquisition of the various property interests necessary for removal of nonconforming advertising signs, displays, and devices.
Junkyard Control and Acquisition: Control the location and maintenance of junkyards along the HBCS. This control may also include the acquisition of the property rights necessary to screen, relocate, remove or dispose of nonconforming junkyards along the HBCS.
No permit shall be granted for the location and maintenance of a junkyard within one thousand feet of the nearest edge of the right of way of any roadway of the HBCS except the following:
All junkyards within 1,000 feet of the Nebraska HBCS must obtain a permit from the Department of Roads which is renewable January 1 of each year.
What are the penalties if the Department does not adequately control junkyards and advertising signs?
The penalty for noncompliance with the Federal Highway Beautification Act, P.L. 89-285 is a 10 percent reduction of the Department’s annual federal-aid highway apportionment.
How does the Department provide for effective control?
The Department has established control procedures through permit systems, inventories, and periodic surveillance of the controlled routes to discover illegal signs and junkyards and monitor other areas controlled by the Act.
What is an illegal sign or junkyard?
An illegal sign or junkyard is one which is erected or established and/or maintained in violation of the law.
What is a conforming sign or junkyard?
A conforming sign or junkyard is one that complies entirely with all the provisions of the State laws.
What is a nonconforming sign or junkyard?
A sign or junkyard is considered to be nonconforming if it was erected or established prior to the effective date of the State law, but does not conform to the law’s requirements.
A nonconforming sign or junkyard must be maintained in accordance with the State law. Failure to do so may result in loss of the right to operate and require removal of the nonconforming sign or junkyard without compensation.