Understanding the Laws Governing Billboard Placement

Billboards are a common advertising medium used in cities, towns, and rural areas throughout the United States. However, placing a billboard on your property is not as simple as raising a sign. The process is governed by a complex web of state, local, and sometimes federal laws and regulations. This article aims to provide a comprehensive guide on what you need to know before considering a billboard structure.

Why Billboard Laws Vary

The United States has no single comprehensive law that governs all billboard structures. Typically, the laws regulating billboards are controlled by city or county ordinances. It's important to consult with a real estate attorney to understand the specific regulations in your area. This is especially critical if you plan to purchase land with the intention of placing a billboard, as the regulations can vary significantly from one location to another.

State and Local Regulations

Billboards are subject to a myriad of regulations at the state and local levels. Some states, such as Hawaii, Alaska, Maine, and Vermont, do not allow billboards at all, while others have significant restrictions. In the US, the Federal Highway Administration (FHWA) regulates the placement of billboards on federal-aid highways via the Highway Beautification Act (HBA). This act aims to balance the need for advertising with the preservation of scenic highways and communities.

At the state level, some states have more liberal regulations, while others have stringent policies to prevent billboard clutter. Many local municipalities also have zoning ordinances and building codes that further restrict where and how billboards can be placed. These ordinances often take into account the potential impact on traffic, local aesthetics, and the overall quality of life in the community.

When Can Billboard Structures Be Erected?

The creation of new billboard structures is often rare and involves a complex legal process. Even when a community allows billboards, the process can be lengthy and involve various stakeholders, including local officials, business interests, and environmental groups. New structures typically require a combination of federal, state, and local approvals, as well as compliance with zoning, building, and transportation regulations.

Occasionally, new billboards do get built, but these instances are the exception rather than the rule. The circumstances behind each successful application are unique and may involve a complex set of legislations, grandfather clauses, non-traditional permits, trading of locations, and other specific conditions. It is crucial to thoroughly research local laws and consult with legal experts before making any assumptions about billboard placement.

Buying Land with Billboards in Mind

If you are considering purchasing land with the intent to place a billboard, it is essential to understand the risks involved. Placing a billboard on your property requires compliance with numerous regulations, and failure to do so can result in significant legal and financial consequences. Additionally, it's important to be aware that the profitability and value of a billboard can fluctuate over time, and relying on billboard revenue to justify purchasing property may not be a sound financial strategy.

Instead of buying land with the intention of placing a billboard, consider purchasing it for other reasons such as development potential, real estate appreciation, or living in a desirable location. Furthermore, it's advisable to buy land for its long-term value and enjoyment, rather than for short-term financial gains related to billboard advertising.

Conclusion

In summary, before considering placing a billboard on your property, it's crucial to understand the laws and regulations in your jurisdiction. Billboards are regulated at the federal, state, and local levels, and compliance is necessary to avoid legal issues and potential fines. Whether you are a property owner or a business looking to advertise, thorough research and legal advice are essential steps in the process of billboard placement.