Arizona Secretary of State - Ken Bennett


 
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Supp. 13-2
RULE INTERPRETATION:
The Office of the Secretary of State does not interpret or enforce rules in the Administrative Code. Questions should be directed to the state agency responsible for the promulgation of the rule as provided:
Name: Jane McVay
Address: Arizona Department of Transportation
Government Relations and Policy Development Office
206 S. 17th Ave., MD 140A
Phoenix, AZ 85007
Telephone: (602) 712-4279

TITLE 17. TRANSPORTATION

CHAPTER 3. DEPARTMENT OF TRANSPORTATION
HIGHWAYS

ARTICLE 1. REPEALED

Section

R17-3-101. Reserved

R17-3-102. Repealed

ARTICLE 2. MANAGEMENT OF CONTRACTOR BIDDING

Article 2, consisting of Sections R17-3-201 through R17-3-204, adopted effective March 3, 1987.

Section

R17-3-201. General

R17-3-202. Contractor Prequalification

R17-3-203. Reduced Prequalification Amounts or Disqualifications

R17-3-204. Access to Department Prequalification Files

ARTICLE 3. RELOCATION ASSISTANCE

Article 3, consisting of Sections R17-3-301 through R17-3-304, repealed; new Article 3, consisting of Sections R17-3-301 through R17-3-306, made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1).

Section

R17-3-301. Relocation Assistance; Adoption of Federal Regulations

R17-3-302. Relocation Assistance; 49 CFR 24, Subpart A - General

R17-3-303. Relocation Assistance; 49 CFR 24, Subpart C - General Relocation Requirements

R17-3-304. Repealed

R17-3-305. Relocation Assistance; 49 CFR 24, Subpart E - Replacement Housing Payments

R17-3-306. Repealed

ARTICLE 4. REPEALED

Article 4, consisting of Sections R17-3-406 through R17-3-408, repealed by final rulemaking at 8 A.A.R. 849, effective February 8, 2002 (Supp. 02-1).

Section

R17-3-401. Repealed

R17-3-402. Repealed

R17-3-403. Recodified

R17-3-404. Repealed

R17-3-405. Reserved

R17-3-406. Repealed

R17-3-407. Repealed

R17-3-408. Repealed

Editor’s Note: The Article 5 heading “Highway Encroachments and Permits” is published as submitted by the Department (Supp. 04-4).

ARTICLE 5. HIGHWAY ENCROACHMENTS AND PERMITS

Article 5, consisting of Sections R17-3-501 through R17-3-509, made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Section

R17-3-501. Definitions

R17-3-502. Applicability

R17-3-503. Who Can Apply for an Encroachment Permit

R17-3-504. General Application Procedures

R17-3-505. Supporting Documentation

R17-3-506. Encroachment Permit Requirements

R17-3-507. Review Procedures

R17-3-508. Unauthorized Encroachments; Enforcement Actions

R17-3-509. Hearings

ARTICLE 6. RESERVED

ARTICLE 7. HIGHWAY BEAUTIFICATION

Section

R17-3-701. Outdoor Advertising Control

Exhibit 1. Expired

Exhibit 2. Expired

Exhibit 3. Expired

Exhibit 4. Expired

Exhibit 5. Expired

Exhibit 6. Expired

Exhibit 7. Expired

Exhibit 8. Expired

Exhibit 9. Expired

R17-3-701.01. Outdoor Advertising Control: Restrictions on the Erection of Billboards and Signs and Restrictions on the Issuance of Permits

R17-3-702. Repealed

R17-3-703. Arizona Junkyard Control

ARTICLE 8. ARIZONA PARKWAYS AND HISTORIC AND SCENIC ROADS

Article 8 consisting of Sections R17-3-801 through R17-3-809 adopted effective May 30, 1984.

Section

R17-3-801. General Provisions

R17-3-802. Meetings and Organization of PHSRAC

R17-3-803. Request to Designate a Road

R17-3-804. PHSRAC’s Process

R17-3-805. Reconsideration of PHSRAC’s Decision

R17-3-806. Review of Existing Designated Parkway or Historic or Scenic Road

R17-3-807. Approvals and Agreements Between Agencies for Designation

R17-3-808. Construction and Maintenance Standards; Signing

R17-3-809. Repealed

ARTICLE 9. HIGHWAY TRAFFIC CONTROL DEVICES

Section

R17-3-901. Signing for Colleges and Universities

R17-3-902. Logo Sign Programs

R17-3-903. Repealed

R17-3-904. MUTCD Requirements for Logo Signs

Appendix A. Repealed

Appendix B. Repealed

R17-3-905. Rural Logo Sign Requirements

R17-3-906. Existing Leases

Illustration A. Repealed

Illustration B. Repealed

Illustration C. Repealed

R17-3-907. Repealed

R17-3-908. Repealed

R17-3-909. Repealed

ARTICLE 1. REPEALED

R17-3-101. Reserved

R17-3-102. Repealed

Historical Note

Former Rule, ASHC Resolution. Former Section R17-3-10 renumbered without change as Section R17-3-102 (Supp. 88-4). Repealed effective May 31, 1991 (Supp. 91-2).

ARTICLE 2. MANAGEMENT OF CONTRACTOR BIDDING

R17-3-201. General

A. Definitions.

1. “Application” means a request for contractor prequalification, consisting of an application booklet available from the Department’s office of Contracts and Specifications, and a financial statement prepared according to the requirements of this subsection and R17-3-202.

2. “Board” means the Contractor Prequalification Board.

3. “Compiled financial statement” means a financial statement prepared for form, appropriateness, and arithmetic accuracy. It does not express an opinion or provide any assurance regarding the financial statement.

4. “Contractor” means the individual, partnership, firm, corporation, joint venture, or any combination acceptable to the Department, that seeks to contract with the Department for constructing or reconstructing state transportation facilities, unless the context requires otherwise.

5. “Contractor prequalification” means the Department’s process of review and evaluation of a contractor’s work history and current financial condition before a contractor is allowed to submit a proposal for constructing or reconstructing state transportation facilities.

6. “Department” means the Arizona Department of Transportation.

7. “Examined financial statement” means a financial statement that includes the amounts and disclosures in the firm’s financial statement, an assessment of the accounting principles used and the significant estimates made by management, and an evaluation of the overall financial statement presentation.

8. “Financial statement” means a financial report prepared according to generally accepted accounting principles by an independent certified public accountant or an independent public accountant. The financial statement includes a cover letter on the accountant’s letterhead, a balance sheet, a statement of cash flows, an income statement, and all notes and appropriate supporting schedules.

9. “Joint venture” means the combination of two or more contractors for the purpose of submitting a proposal to the Department and performing a contract for constructing or reconstructing state transportation facilities.

10. “Prequalification amount” means the dollar limitation of each contract, based on the Department’s estimate of contract value, for which a contractor may submit a proposal to the Department for constructing or reconstructing state transportation facilities.

11. “Reviewed financial statement” means a financial statement that includes an inquiry of company personnel, and a review of the analytical procedures applied to the financial data. It does not express an opinion regarding the financial statement taken as a whole.

12. “State Engineer” has the meaning in A.R.S. § 28-6901(3).

B. Contractor Prequalification Board.

1. The State Engineer shall appoint the Board to consider and decide on applications for contractor prequalification.

2. The Board will be comprised of three Department employees, one of whom shall be a professional engineer, registered by the Arizona Board of Technical Registration, and one a certified or licensed public accountant.

3. The Board’s authority to determine prequalification does not limit the Department’s ability to establish additional criteria for contracts.

Historical Note

Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).

R17-3-202. Contractor Prequalification

A. Criteria. An applicant for contractor prequalification shall include on the application and the Board shall consider the following information in determining the prequalification amount for a contractor:

1. Key personnel and their work experience,

2. Organizational structure,

3. History of past or current projects and contracts,

4. Company affiliations,

5. Equipment owned or controlled,

6. Any applicable licenses,

7. Type of work requested,

8. Individuals authorized to act on behalf of the contractor,

9. Any prequalification or bidding disputes with a government agency, and

10. Financial condition.

B. Prequalification Expiration and Extension.

1. Prequalification expires 15 months after the end of a contractor’s fiscal year, as reflected on the financial statement. Due to the time necessary to prepare an examined financial statement, the Board may grant up to a 60 day extension on the expiration of prequalification, if:

a. The contractor submits a letter from its accountant stating the reasons for delay in preparing the examined financial statement,

b. The letter from the accountant states the anticipated completion date of the examined financial statement, and

c. The contractor submits an interim compiled or reviewed financial statement that was prepared within the previous six months.

2. The Board will notify each contractor in writing of its decision on the contractor’s prequalification amount.

C. Joint Ventures.

1. Each contractor in a proposed joint venture shall be prequalified. The joint venture shall submit a joint venture statement of intent at least five calendar days before the applicable bid opening date.

2. If one or more of the parties to the joint venture are corporations, a copy of a resolution from the Board of Directors authorizing the corporation to enter into the joint venture and execute all contract documents shall be submitted with the statement of intent.

3. Contractors operating as a joint venture on a continuing basis may file for prequalification as a joint venture.

4. The Board may allow a contractor operating as a joint venture to prequalify for a pro rata share of the entire contract amount. The percentage share of work shall not exceed each individual contractor’s prequalification amount.

D. Classification of Contractors. The Board shall categorize contractors into the following classifications:

1. Inexperienced firms: Firms that have no experience as contractors in transportation facilities construction work;

2. New firms: Recently organized firms that have officers with experience with other contractors in positions of responsibility for transportation facilities construction;

3. Unknown firms: Firms that have experience as contractors but have not completed a transportation facilities construction contract as a contractor for the Department within the past five years or at any time;

4. Known firms: Firms that have successfully completed at least one transportation facilities construction contract within the past five years as a contractor for the Department.

E. Classification of Financial Statements.

1. All financial statements shall be examined, reviewed, or compiled according to generally accepted accounting principles, by either an independent certified public accountant or an independent public accountant, registered and licensed under the laws of any state. A contractor shall not submit a financial statement prepared by either a certified or public accountant who is directly or indirectly interested in or affiliated with the business of the contractor.

2. A contractor that desires a prequalification amount in excess of $1.5 million shall submit an examined financial statement.

3. A contractor that submits a reviewed financial statement will be limited to a maximum prequalification amount of $1.5 million.

4. A contractor that submits a compiled financial statement will be limited to a maximum prequalification amount of $300,000.

F. Prequalification Limits. In determining the prequalification amount for each contractor, the amount set by the Board may be less than the maximum amount set out in this subsection due to the Board’s evaluation of the contractor’s information under R17-3-202(A).

1. Inexperienced firms. An inexperienced firm will be limited to a maximum prequalification amount of $300,000 until the contractor has satisfactorily completed at least one transportation facilities construction contract for any public agency.

2. New firms. A new firm will be limited to a maximum prequalification amount of five times the firm’s net worth.

3. Unknown firms. An unknown firm will be limited to a maximum prequalification amount of five times the firm’s net worth or the amount of the largest transportation facilities construction contract it has successfully completed as a contractor for any other public agency, whichever is larger.

4. Known firms. A known firm will be limited to a maximum prequalification amount of ten times the firm’s net worth. An unlimited prequalification amount may be granted if the product of ten times the firm’s net worth exceeds $100 million.

5. All firms. Evidence of additional assets pledged in behalf of a contractor or letters from a contractor’s surety company may be considered in establishing higher prequalification amounts than stated in subsections (F)(2) through (F)(4). A parent company that pledges assets in behalf of a contractor shall submit a financial statement.

G. Reconsideration of Prequalification Determination.

1. If a contractor is dissatisfied with the Board’s decision, the contractor may request in writing a hearing, within 15 days of receiving the Board’s decision. The hearing shall be conducted under A.R.S. § 41-1062. The letter shall indicate the basis for the request and shall provide supportive data. The Board shall review the request and accompanying information and decide on the request within 30 calendar days of its receipt.

2. If the contractor is still dissatisfied with the decision of the Board, the contractor may appeal to the State Engineer. The Board shall notify the contractor about the appeal procedures.

H. Issuance of Bidding Documents. A contractor shall not request bid documents for a contract for which it is not prequalified.

I. The Department may waive the prequalification requirement on an individual contract when it is in the best interest of the state. The advertisement for bids shall identify if prequalification is waived.

Historical Note

Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).

R17-3-203. Reduced Prequalification Amounts or Disqualifications

A. The Board may reduce the prequalification amount of a contractor already prequalified or disqualify a contractor from bidding if a contractor:

1. Falsifies any document or misrepresents any material fact in the information furnished to the Department;

2. Fails to enter into a contract with the Department;

3. Defaults on a previous contract with any public agency;

4. Has an unsatisfactory work performance record with the Department on the basis of workmanship, competent superintendence, adequate and proper equipment, timely completion, or failure to submit required documentation for closing out a contract; or

5. Fails to provide notification to the Board, within 30 calendar days of occurrence, of any change in ownership, corporate officers or general partners, bankruptcy, receivership, court supervised reorganization, or the entry of a judgment in a judicial or administrative proceeding adverse to the contractor.

B. The Board shall notify a contractor in writing of its intention to reduce the prequalification amount or to disqualify a contractor. The Board’s notice to reduce prequalification or to disqualify a contractor shall become a final determination unless the contractor requests a hearing with the Board within 20 calendar days after receiving such notification. The Board shall notify the contractor about the hearing procedures.

C. The contractor may appeal the Board’s decision to the State Engineer. The Board shall notify the contractor about the appeal procedures.

Historical Note

Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).

R17-3-204. Access to Department Prequalification Files

Prequalification files are considered to be strictly confidential. The files will be available only to:

1. Members of the Board,

2. The Director of the Department or any authorized agents of the Department,

3. Members of the Arizona State Transportation Board,

4. The division administrator of the Federal Highway Administration or any authorized representatives,

5. Agents of surety upon the filing of an application for bond duly signed by an authorizing party of the prequalified contractor,

6. Members of the Arizona State Board of Accountancy or their duly authorized representatives, and

7. The contractor that is the subject of the file.

Historical Note

Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).

ARTICLE 3. RELOCATION ASSISTANCE

Article 3, consisting of Sections R17-3-301 through R17-3-304, repealed; new Article 3, consisting of Sections R17-3-301 through R17-3-306, made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1).

R17-3-301. Relocation Assistance; Adoption of Federal Regulations

A. The Department incorporates by reference 49 CFR 24.1 through 24.10, 49 CFR 24.201 through 24.209, 49 CFR 24.301 through 24.305, 49 CFR 24.401 through 24.404, 49 CFR 24.501 through 24.503, 49 CFR 24.601 through 24.603, and Appendix A to Part 24 as it relates to Subparts A, C, D, and E, revised as of October 1, 2010, and no later amendments or editions, as amended by this Article. These sections apply to relocation assistance activity provided by the Department. The incorporated material is on file with the Arizona Department of Transportation and is available from the U.S. Government Printing Office, P. O. Box 979050, St. Louis, MO 63197-9000. The incorporated material can be ordered online by visiting the U.S. Government Online Bookstore at http://bookstore.gpo.gov or is available free of charge at http://gpo.gov.

B. The following definition applies for the purpose of this Article unless indicated otherwise.

“Department” means the Arizona Department of Transportation.

Historical Note

Former Rule, Right of Way Resolution 70-60. Former Section R17-3-12 renumbered without change as Section R17-3-301 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

R17-3-302. Relocation Assistance; 49 CFR 24, Subpart A - General

A. 49 CFR 24.2, “Definitions and acronyms” is amended as follows:

“Agency” means the Arizona Department of Transportation.”

“Contribute materially” in paragraph (a)(7) is amended to read:

The term “contribute materially” means that during the two taxable years before the taxable year in which displacement occurs, a business contributed at least 33 1/3% of the owner’s or operator’s average annual gross income from all sources.

“Decent, safe, and sanitary dwelling” in paragraph (a)(8) is amended to read:

The term decent, safe, and sanitary dwelling means a dwelling that meets applicable housing and occupancy codes. However, any of the following standards that are not met by an applicable code shall apply unless waived for good cause by the federal agency or state agency funding the project. The dwelling shall:

Be structurally sound, weathertight, and in good repair;

Contain a safe electrical wiring system adequate for lighting and other devices; and

Contain heating and cooling systems capable of sustaining a healthful temperature for a displaced person, except in those areas where local climatic conditions do not require such systems.

“Initiation of negotiations” has the same meaning as prescribed in A.R.S. § 28-7141.

“Notice of intent to acquire or notice of eligibility for relocation assistance” as described in 49 CFR 24.203(d) and 49 CFR 24.203(b) means:

Written notice furnished to a person to be displaced that establishes eligibility for relocation benefits before the initiation of negotiations.

“Persons not displaced” in paragraph (a)(9)(ii)(A) is amended to read:

A person who moves before the initiation of negotiations, unless this requirement is waived by the Department due to a move necessitated for reasons beyond the person’s control.

“Program or project” in paragraph (a)(22) is amended to read:

The phrase “program” or “project” means any displacing activity or series of activities undertaken by the Department, related to construction or reconstruction of a transportation facility, or a facility necessary for maintaining a transportation facility.

“Salvage value” in paragraph (a)(23) is deleted.

“Uneconomic remnant” in paragraph (a)(27) is deleted.

“Uniform Act” in paragraph (a)(28) is amended to read:

The term “Uniform Act” means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et seq.).

“Utility facility” in paragraph (a)(31) is deleted.

“Utility relocation” in paragraph (a)(32) is deleted.

B. 49 CFR 24.5 “Manner of notices” is amended to read:

Each notice which the agency is required to provide to a property owner or occupant under this part shall be personally served or sent by certified or registered first-class mail, return receipt requested, and documented in agency files. Each notice shall be written in plain, understandable language. Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling. Each notice shall indicate the name and telephone number of a person to contact for answers to questions or other needed help.

C. 49 CFR 24.9 “Recordkeeping and reports” is amended to read:

Paragraph (a) Records. The agency shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this part. These records shall be retained for at least three years after each owner of a property and each person displaced from the property receives the final payment to which each owner of property is entitled under this part, or in accordance with the applicable regulations of the federal funding agency, whichever is later.

D. 49 CFR 24.10 “Appeals” is amended to read:

In addition to the provisions of A.R.S. §§ 41-1061 through 41-1067, the following provisions apply:

1. Actions that may be appealed. A person who believes the Department has failed to properly determine the person’s eligibility for, or the amount of, a relocation payment may file a written appeal. A person shall include all contested issues in one appeal.

2. Process. To appeal, a person shall submit a letter stating name and address and the reasons for disagreeing with the Department’s decision to the Right-of-Way Group, Arizona Department of Transportation, 205 S. 17th Ave., MD 612E, Phoenix, AZ 85007-3212.

3. Time limit. The person shall file the written appeal within 60 days after receiving notice of the Department’s determination on the person’s claim. The date the appeal request is received begins the official time limit constraints, as prescribed in subsections (D)(4) and (8) of this Section. Filing the appeal does not extend any eligibility periods or a required date to vacate a property.

4. Hearing date. Within 45 days of receipt of the appeal request, the Department shall set a mutually acceptable date for a hearing before a hearing officer.

5. Review of files. After making a written request to the Department at the address in subsection (D)(2) of this Section, the person may review and receive a copy of any non-confidential documentation contained in the Department’s files regarding the person’s appeal.

6. Scope of review. The Department shall consider and review the person’s arguments, statements, and documents in support of the appeal, allowing reasonable latitude for the hearing of relevant material.

7. Right to representation. The person has a right to be represented by legal counsel or another representative in connection with the person’s appeal, but solely at the person’s own expense.

8. Determination. Within 30 days of the hearing, the hearing officer shall make a recommendation to the Chief Right-of-Way Agent. The Department shall promptly issue a written decision and provide a copy to the person by certified mail. The Department shall explain the basis on which its decision was made, and what relief, if any, is to be provided.

9. Judicial review. If the Department does not grant the relief requested, the Department shall advise the person of the right to seek judicial review.

Historical Note

Former Rule, Right of Way Resolution 71-42. Former Section R17-3-13 renumbered without change as Section R17-3-302 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

R17-3-303. Relocation Assistance; 49 CFR 24, Subpart C - General Relocation Requirements

49 CFR 24.206 “Eviction for cause” is amended to read:

1. Eviction for cause must conform to A.R.S. §§ 12-1171 through 12-1183. The Department may determine that a person who is an unlawful occupant (as defined in 49 CFR 24.2) is still eligible for advisory relocation assistance. Any person who occupies the real property and is not in unlawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that the factors in subsections (1)(a) or (b) apply. The Department shall use the following factors to determine eligibility of an unlawful occupant for advisory relocation assistance:

a. The person received an eviction notice before the initiation of negotiations and, as a result of that notice, is later evicted; or

b. The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement; and

c. The eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part;

d. The person occupying the property and the owner dispute the issue of lawful occupancy;

e. The duration of prior legal occupancy of the person occupying the property;

f. Financial or medical hardship of the person occupying the property; or

g. The cost of the relocation assistance is less than the cost of an appeal.

2. For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available.3. The state may initiate eviction proceedings due to:

a. Unlawful activities being conducted on state-owned property,

b. Willful destruction of state-owned property,

c. Refusal to vacate state-owned property after all required notices to vacate have been delivered and appropriate assistance provided, or

d. Failure to pay rent when there is no hardship.

Historical Note

Former Rule, Right of Way Resolution 71-69. Former Section R17-3-14 renumbered without change as Section R17-3-303 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

R17-3-304. Repealed

Historical Note

Former Rule, Right of Way Resolution 70-51. Former Section R17-3-11 renumbered without change as Section R17-3-304 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section repealed by final rulemaking at 19 A.A.R. 141 effective March 10, 2013 (Supp. 13-1).

R17-3-305. Relocation Assistance; 49 CFR 24, Subpart E - Replacement Housing Payments

49 CFR 24.401 “Replacement housing payment for 180-day homeowner-occupants” in paragraph (d)(3) is amended to read:

The interest rate on the new mortgage used in determining the amount of the payment shall not exceed the prevailing fixed interest rate for conventional mortgages currently charged by mortgage lending institutions in the area in which the replacement dwelling is located. If a displaced person chooses to buy down the interest rate, the agency shall:

1. Require documents indicating the initial interest rate,

2. Require documents indicating the final interest rate, and

3. Limit reimbursement to the lower of the amount the displaced person actually paid to buy down the interest rate or the amount for which the person qualified under the established market interest rate.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

R17-3-306. Repealed

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section repealed by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

ARTICLE 4. REPEALED

R17-3-401. Repealed

Historical Note

Former Rule, Traffic Engineering Resolution; Repealed effective June 18, 1979 (Supp. 79-3). New Section R17-3-05 adopted effective August 4, 1982 (Supp. 82-4). Former Section R17-3-05 renumbered without change as Section R17-3-401 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 2750, effective June 7, 2001 (Supp. 01-2).

R17-3-402. Repealed

Historical Note

Former Rule, ASHC Resolution. Repealed effective January 3, 1977 (Supp. 77-1). New Section R17-3-08 adopted effective March 25, 1982 (Supp. 82-2). Former Section R17-3-08 renumbered without change as Section R17-3-402 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 2748, effective June 7, 2001 (Supp. 01-2).

R17-3-403. Recodified

Historical Note

Former Rule, Right of Way Resolution 71-15. Former Section R17-3-09 renumbered without change as Section R17-3-403 (Supp. 88-4). Section recodified to A.A.C. R17-4-428 at 7 A.A.R. 1260, effective February 20, 2001 (Supp. 01-1).

R17-3-404. Repealed

Historical Note

Adopted as an emergency effective April 13, 1983 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-2). Former Section R17-3-20 renumbered without change as Section R17-3-404 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 2750, effective June 7, 2001 (Supp. 01-2).

R17-3-405. Reserved

R17-3-406. Repealed

Historical Note

Former Rule, Traffic Engineering Report. Former Section R17-3-02 renumbered without change as Section R17-3-406 (Supp. 88-4). Section repealed by final rulemaking at 8 A.A.R. 849, effective February 8, 2002 (Supp. 02-1).

R17-3-407. Repealed

Historical Note

Former Rule, ASHC Resolution; Former Section R17-3-06 repealed, new Section R17-3-06 adopted effective April 25, 1978 (Supp. 78-2). Former Section R17-3-06 renumbered without change as Section R17-3-407 (Supp. 88-4). Section repealed by final rulemaking at 8 A.A.R. 849, effective February 8, 2002 (Supp. 02-1).

R17-3-408. Repealed

Historical Note

Former Rule, General Order 21. Former Section R17-3-08 renumbered without change as Section R17-3-408 (Supp. 88-4). Section repealed by final rulemaking at 8 A.A.R. 849, effective February 8, 2002 (Supp. 02-1).

ARTICLE 5. HIGHWAY ENCROACHMENTS AND PERMITS

R17-3-501. Definitions

In this Article, unless otherwise defined, these terms have the following meanings:

“Abutting property” means real property or interest in real property bordering a state highway right-of-way.

“Adopt-a-highway” means a Department program that allows a group of persons access to a state highway right-of-way to conduct litter pickup on a designated portion of the state highway.

“Airspace” means the space above real property.

“Applicant” means a person or entity seeking to obtain an encroachment permit.

“Department” means the Arizona Department of Transportation.

“District Office” means one of the Department’s Engineering and Maintenance district offices.

“Encroachment” means any use of, intrusion upon, or construction of improvement within a state highway right-of-way by any person or entity other than the Department for any purpose, temporary or fixed, other than public travel authorized by state statute.

“Encroachment owner” means the person or entity responsible for creating or maintaining an encroachment on a state highway right-of-way.

“Encroachment permit” means a written approval granted by the Department for construction of a fixed or temporary improvement within a state highway right-of-way, or for any activity requiring the temporary use of or intrusion upon a state highway right-of-way.

“Engineering stationing” means the Department identification system to identify the location of a state highway feature.

“Improvement” means any constructed facility or object, or alteration to any existing physical facility or object, or change in the elevation, slope, or drainage of a state highway right-of-way.

“Permittee” means a person or entity to whom the Department issues an encroachment permit, and who is responsible for meeting the obligations, responsibilities, and specifications stated in the encroachment permit.

“Right-of-way” means the real property or interest in real property on which state transportation facilities and appurtenances to the facilities are constructed or maintained.

“Special event” means any temporary organized or supervised activity that could affect the normal operation of a state highway.

“State highway” has the meaning prescribed in A.R.S. § 28-101(47).

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-502. Applicability

A. A person or entity shall not encroach on a state highway right-of-way without obtaining an encroachment permit.

B. Only the following types of encroachments qualify for a Department encroachment permit:

1. Access improvements to abutting properties, consistent with subsection (C)(6);

2. Utility construction and maintenance, including underground and overhead;

3. Drainage improvements;

4. Airspace encroachments, such as overhanging signs, awnings, and banners;

5. Landscaping;

6. Special events;

7. Removing or improving an existing encroachment;

8. Rest area coffee breaks;

9. Change in the principal activity or function of an abutting property where an access or utility encroachment has been constructed;

10. Adopt-a-highway;

11. Activities, such as surveying, performed to compile information about physical features in the highway right-of-way;

12. Traffic control unrelated to the types of encroachments listed above for specific incidents, such as hazardous material removal, accident clean-up, or check points by government enforcement; and

13. For such uses as the Director specifies.

C. An encroachment not listed under subsection (B) is ineligible to qualify for an encroachment permit and is an unauthorized encroachment. An unauthorized encroachment also includes:

1. Outdoor advertising signs, except as an overhang in subsection (B)(4);

2. Parking areas;

3. Sales of any service or thing;

4. Bicycling, walking, horseback riding, or other activities prohibited under A.R.S. § 28-733;

5. Any commercial or industrial activity; or

6. Access to undeveloped property abutting a state highway, unless the applicant demonstrates a plan for:

a. Immediate development of the property evidenced by construction plans or building permits, or

b. Continuing maintenance of the undeveloped property.

D. A new owner of an existing permitted encroachment shall apply for an encroachment permit in the new owner’s name within 30 days from the date of purchase of the abutting real property.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-503. Who Can Apply for an Encroachment Permit

A. Any person or entity, other than the Department, seeking an encroachment upon a state highway right-of-way shall apply to the Department for an encroachment permit.

B. Any person or entity is eligible to apply for an encroachment permit, except for an encroachment involving:

1. Access, only an abutting property owner is eligible to apply.

2. Landscaping and aesthetic enhancements, only an abutting property owner or a political subdivision is eligible to apply.

3. Utility installation, only an ultimate owner who will be responsible for maintenance and liability of the utility after it is put into service is eligible to apply. An ultimate owner includes a utility company, improvement district, political subdivision, or abutting property owner. A contractor or developer may apply if the contractor or developer provides evidence that an ultimate owner has approved plans and agrees to obtain an encroachment permit as a new owner upon completion of the utility installation.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-504. General Application Procedures

A. An applicant shall obtain an encroachment permit application form from the District Office serving the Department’s district in which the proposed encroachment will be located.

B. An applicant shall include the following information on a District Office’s encroachment permit application:

1. Name, address, city, state, zip code, telephone number, and signature of proposed encroachment owner;

2. Name, address, city, state, zip code, telephone number, and signature of applicant, if different from proposed encroachment owner;

3. Applicant’s legal relationship to proposed encroachment owner;

4. City nearest to the proposed encroachment;

5. Location of proposed encroachment from the nearest milepost (in feet), including state highway route number, side of highway, and engineering stationing (if applicable); and

6. Purpose of proposed encroachment, as listed in R17-3-502(B), and a description of the proposed work or activity in the right-of-way.

C. By signing an application, an applicant or proposed encroachment owner, or both, agree to accept the following general obligations and responsibilities:

1. Assume all legal liability and financial responsibility for the encroachment activity for the duration of the permit;

2. Be responsible for any repair or maintenance work to the encroachment for the duration of the permit;

3. Comply with the Department’s traffic control standards;

4. Obtain written approval from the abutting property owner if the encroachment encroaches on abutting property;

5. Upon notice from the Department, repair any aspect or condition of the encroachment that causes danger or hazard to the traveling public;

6. Remove the encroachment and restore the right-of-way to its original or better condition if the Department cancels the encroachment permit, and terminates all rights under the permit;

7. Reimburse the Department for costs incurred or deposit with the Department money necessary to cover all costs incurred for activities related to the encroachment, such as inspections, restoring the right-of-way to its original or better condition, or removing the encroachment;

8. Notify a new owner to apply for an encroachment permit, as required by R17-3-502(D);

9. Apply for a new encroachment permit if the use of the permitted encroachment changes;

10. Keep a copy of the encroachment permit at the work site or site of encroachment activity;

11. Construct the encroachment according to plans that the Department approves as part of the final permit;

12. Obtain required permits from other government agencies or political subdivisions;

13. Remove any defective materials, or materials that fail to pass the Department’s final inspection, and replace with materials the Department specifies.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-505. Supporting Documentation

An applicant for an encroachment permit shall provide supporting documentation relevant to the type of encroachment activity and necessary to allow the Department to analyze the proposed encroachment’s impact on the state highway and right-of-way, using such criteria as:

1. Whether the proposed encroachment is for commercial or residential access;

2. The proposed encroachment’s impact on roadway features within the right-of-way;

3. The amount of traffic the proposed encroachment will generate;

4. Duration of the proposed encroachment;

5. The proposed encroachment’s potential to disrupt traffic or change traffic patterns;

6. The surrounding terrain and physical features of the right-of-way and the abutting property; and

7. The number, size, and intended use of any buildings that would be accessed via the proposed encroachment.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-506. Encroachment Permit Requirements

A. An encroachment permit consists of the materials submitted by an applicant under R17-3-504 and R17-3-505, and additional requirements from the Department as described in subsection (B). An encroachment permit will list in detail the requirements with which the permittee shall comply in order to perform the requested encroaching activity. Some of the requirements are general and apply to every encroachment permit. Others are specific to a particular encroachment activity.

B. The Department shall set encroachment permit requirements to:

1. Maintain the integrity of the Department’s right-of-way and transportation facilities;

2. Mitigate the risk to traffic safety;

3. Improve traffic movement, efficiency, and capacity;

4. Mitigate adverse drainage on state property or abutting property affecting state property;

5. Mitigate environmental impacts;

6. Mitigate maintenance costs to transportation facilities;

7. Mitigate potential liability for the Department or the state; and

8. Mitigate potential harms to national or state security.

C. By accepting an encroachment permit, a permittee agrees to the requirements described in the permit. If the permittee disagrees with the requirements, the permittee shall return the permit immediately to the District Office.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-507. Review Procedures

A. The Department shall conduct an administrative completeness review and substantive review of an application for an encroachment permit under A.R.S. §§ 41-1072 through 41-1077 and A.A.C. R17-1-102.

B. The Department shall decide whether to grant an encroachment permit based solely on the documents and information before the Department.

C. Decision.

1. The Department shall approve an encroachment permit if:

a. The proposed encroachment use is lawful,

b. The applicant provides complete and accurate information,

c. The proposed encroachment use qualifies under R17-3-502(B), and

d. The applicant agrees to comply with the Department’s requirements as set out in the permit.

2. The Department shall deny an encroachment permit application if:

a. The proposed encroachment use is unlawful,

b. The applicant provides incomplete or inaccurate information,

c. The proposed encroachment use does not qualify under R17-3-502(B), or

d. The permittee disagrees with the requirements in the permit.

3. An applicant may appeal the Department’s denial decision on an encroachment permit application as prescribed in R17-3-509.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-508. Unauthorized Encroachments; Enforcement Actions

A. An encroachment is unauthorized if:

1. A permittee fails to comply with the permit requirements,

2. A permittee provides false or inaccurate information on the encroachment permit application,

3. A person or entity fails to obtain an encroachment permit, or

4. The encroachment is unauthorized under R17-3-502(C).

B. An encroachment owner shall remove any unauthorized encroachment at the owner’s own cost.

C. After considering the totality of the circumstances and in consultation with the Office of the Attorney General, the Department may refer a matter to the Office of the Attorney General according to A.R.S. §§ 28-7053 and 28-7054 for:

1. Enforcement against the owner of an unauthorized encroachment, or

2. Recovery of costs from the encroachment owner for the Department removing an unauthorized encroachment if the encroachment owner fails to remove the unauthorized encroachment.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-509. Hearings

The Department shall inform an applicant or permittee of the hearing procedures when the Department:

1. Denies an application for an encroachment permit, or

2. Determines that an encroachment is unauthorized.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

ARTICLE 6. RESERVED

ARTICLE 7. HIGHWAY BEAUTIFICATION

R17-3-701. Outdoor Advertising Control

A. Purpose. The purpose of this subsection is to present the definitions of specialized terms used in describing outdoor advertising signs and matters relating to outdoor advertising signs. Terms used in this rule are defined as follows:

1. “Abandoned sign” means a sign for which neither the sign owner nor the landowner claim any responsibility.

2. “Back-to-back sign” means a sign that carries faces attached on each side of the structure and is read from opposite directions.

3. “Directional” means signs containing directional information about public places owned or operated by federal, state, or local government or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, religious, and rural activity sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

4. “Directional and other official signs and notices” includes only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

5. “Double-faced sign” means a sign that has two faces facing in the same direction.

6. “Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way bring into being or establish.

7. “Face” means the surface of an outdoor advertising structure on which the design is posted or painted, usually made of galvanized metal sheets, fiberboard, plywood or plastic.

8. “Federal or state law” means a federal or state constitutional provision or statute, or an ordinance, rule, or regulation enacted or adopted by a state or federal agency or a political subdivision of a state pursuant to a federal or state constitution or statute.

9. “Illegal sign” means a sign that was erected or maintained, or both, in violation of the state law.

10. “Intended to be read from the main-traveled way” is defined by any of the following criteria:

a. More than 80% of the average daily traffic (as determined by traffic counts) viewing the outdoor advertising is traveling in either or both directions along the main-traveled way.

b. Message content is of such a nature that it would be only of interest for the traffic using the main-traveled way.

c. The sales value of the outdoor advertising is directly attributable to advertising circulation generated by traffic along the main-traveled way.

11. “Interchange” means a junction of two or more highways by a system of separate levels that permit traffic to pass from one to another without the crossing of traffic streams.

12. “Landmark sign” means a sign of historic or artistic significance that existed on October 22, 1965, which may be preserved or maintained as determined by the Director and approved by the Secretary of Transportation.

13. “Lease” means an agreement, oral or in writing, by which possession or use of land or interests in land is given by the owner to another person for a specified period of time.

14. “Maintain” means to allow to exist, including such activities necessary to keep the sign in good repair, safe condition, and change of copy.

15. “Nonconforming sign” means a sign that was lawfully erected but does not comply with the provisions of state law or state laws passed at a later date or later fails to comply with state law or state regulations due to changed conditions. Illegally erected or maintained signs are not nonconforming signs.

16. “Normal maintenance (nonconforming sign)” means the maintenance customary to keep a sign in ordinary repair, upkeep or refurbishing. The maintenance does not include:

a. Maintenance that exceeds 50% of the appraised value using current appraisal schedules for a sign, or

b. Repairs to a sign damaged to such an extent that 60% or more of the uprights require replacement for wood uprights, or 30% or more of the length of each upright support above ground requires replacement for metal uprights.

17. “Obsolete sign” means a directional or other official sign the purpose of which is no longer pertinent.

18. “Official signs and notices” means signs and notices, other than traffic regulatory signs and notices, erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to direction or authorization contained in federal, state, or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies are official signs.

19. “Off-premise sign” means an outdoor advertising sign that advertises an activity, service or product and that is located on premises other than the premises at which the activity or service occurs or the product is sold or manufactured.

20. “On-premise sign” means any sign that meets the following requirements (such signs are not controlled by state statutes):

a. Premises. The sign must be located on the same premises as the activity or property advertised.

b. Purpose. The sign must have as its purpose:

i. The identification of the activity, or its products or services, or

ii. The sale or lease of the property on which the sign is located, rather than the purpose of general advertising.

c. In the case of an on-premise sign advertising an activity, the premises must include all actual land used or occupied for the activity, including its buildings, parking, storage and service areas, streets, driveways and established front, rear, and side yards constituting an integral part of such activity, provided the sign is located on property under the same ownership or lease as the activity. Uses of land that serve no reasonable or integrated purpose related to the activity other than to attempt to qualify the land for signing purposes are not premises. Generally these will be inexpensive facilities, such as picnic grounds, playgrounds, walking paths, or fences.

21. “Parkland” means any publicly owned land that is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

22. “Public service signs” means signs that are located on school bus stop shelters and that:

a. Identify the donor, sponsor, or contribution of the shelters;

b. Contain safety slogans or messages, which must occupy not less than 60% of the area of the sign;

c. Contain no other message;

d. Are located on school bus shelters that are authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and

e. May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

23. “Public utility signs” means warning markers that are customarily erected and maintained by publicly or privately owned public utilities to protect their facilities.

24. “Re-erection” means the placing of any sign in a vertical position subsequent to its initial erection. Re-erection shall only occur in the event the sign has been damaged by tortious acts, or in the course of normal maintenance.

25. “Scenic area” means any area of particular scenic beauty or historical significance as determined by the federal, state, or local officials having jurisdiction of the area, and includes interests in land that have been acquired for the restoration, preservation, and enhancement of scenic beauty.

26. “Scenic overlook or rest area” means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control for the convenience of the traveling public.

27. “Service club and religious notices” means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious service, that do not exceed eight square feet in area.

28. “V-type signs” means signs that are oriented at an angle to each other, the nearest points of which are not more than 10 feet apart.

29. “Within the view of and directed at the main-traveled way” means any sign that is readable from the main-traveled way for more than five seconds traveling at the posted speed limit or for such a time as the whole message can be read, whichever is less.

B. Outdoor advertising permit application procedure.

1. Purpose. The purpose of this subsection is to present the procedures to be followed by applicants in requesting permits for the erection of outdoor advertising facilities.

2. Permit form and fee required. Each application for a permit to erect an outdoor advertising facility must be made on the appropriate Arizona Department of Transportation form and shall be accompanied by a check or money order in the amount of $20.00 payable to the Arizona Department of Transportation.

a. The initial application fee shall be valid for a period of one year from date of issuance. It shall be renewable annually upon payment of a $5.00 fee.

b. Renewal fees will become delinquent 30 days after the annual renewal date. On becoming delinquent, such sign structures will be in violation and a new initial application fee of $20.00 will be required.

3. Applications mailed to maintenance permit engineer. Applications for outdoor advertising permits should be mailed to: Arizona Department of Transportation, Intermodal Transportation Division; 206 South 17th Avenue; Phoenix, Arizona 85007; Attention: Maintenance Permits Section. Assistance to applicants is available at District offices.

4. Separate application for each sign. Each outdoor advertising sign, display or device requires a separate application with fee. All required information describing the location of the sign, the sign qualification standards, and the permitted area identification shall be completely entered on the permit form.

5. Legal description of sign site required. Applicants shall be required to obtain a certification from the governing zoning authority certifying that the zoning is correct for the legal description of the proposed sign location. In cases where the legal description is listed incorrectly on the application, a new certification must be obtained for the correct legal description. Legal descriptions shall adequately describe the property for which the application is made.

6. Location diagram required. Applicants shall submit a location diagram indicating highway route number and such physical features as: buildings, bridges, culverts, poles, mileposts and other stationary land marks necessary to adequately describe the location. The sketch will also indicate the distance in feet the sign is to be erected from the nearest milepost or a street intersection and other off-premise signs in the same vicinity.

7. Applicants must mark site locations. Applicants are required to place an identifiable device or object bearing applicant’s name at the proposed sign location to aid field inspectors in site evaluations.

8. Landowner’s permission mandatory. Applicants shall be required to obtain a signed certification stating that the applicant has the permission of the landowner to erect the sign at the noted legal description, or in lieu of the signed certification, furnish a copy of an executed lease.

9. Each pending application field checked. Each pending application will be field checked for compliance with the state act and regulations by the district. The findings of the field check will be forwarded to the Maintenance Permit Engineer, Maintenance Section, for final examination and, if approved, permit issuance.

10. Noncompliance. Each application for a permit to erect an outdoor advertising facility which does not comply with all requirements of the law and the Arizona Department of Transportation regulations, will be denied and the application fee may be retained by the state. Exception will be made in cases where applicants did not have knowledge of previous applications or permits for the same site. An additional $20.00 fee shall be added to the regular permit fee for signs illegally erected prior to the issuance of a permit.

11. Permit decals on sign structures. Applicants shall affix permit decals on a permanent surface near the portion of the sign structure closest to the main-traveled way and clearly visible from the roadway. Permit decals to replace any which have been issued and were improperly affixed, lost or destroyed, whether before or after attaching to the sign structure, may be purchased at a cost of $5.00. Signs bearing permit decals for signs other than the sign for which they were issued shall be in violation.

12. Forfeiture of permit fee. Outdoor advertising facilities for which permits have been issued shall be erected within 120 days and shall bear the official permit identification issued for the specific facility. If the applicant mails a written request for extension of time prior to expiration of the 120 days, an additional 60-day extension may be granted. Any permit canceled because no sign was erected within the prescribed time will result in forfeiture of the $20.00 fee.

13. Denial of permit renewals. An existing permit will not be renewed for an approved location on which no sign structure exists.

14. Removal and re-erection time limits. If an outdoor advertising sign is removed from a permitted location for any reason, the permit shall expire within 30 days from date of removal, except that the permittee may notify the Arizona Department of Transportation, Intermodal Transportation Division; Maintenance Permits Section, of intent to re-erect which will allow 120 days for re-erection. Failure to re-erect which will allow 120 days for re-erection. Failure to re-erect within the 120 days allowed will cancel the existing permit.

15. Transfer of permits. Permits are transferable upon sale of sign provided a new owner furnishes the Arizona Department of Transportation with notification of sale within 30 days after date of sale.

16. Calendar days. All references to days made in this permit application procedure, as well as those references in all rules and regulations applying to outdoor advertising control, shall mean calendar days.

C. Administrative rules.

1. Purpose. The purpose of this subsection is to present administrative rules developed by the Arizona Department of Transportation for control of outdoor advertising.

2. Restrictions on rights-of-way use. No sign shall be erected or maintained from or by use of interstate highway rights-of-way. Any observed action of this type will result in cancellation of the permit. Signs may be erected and maintained from primary and secondary highways only if no other access is available and an encroachment permit is issued.

3. Nonconforming signs shall be in violation if:

a. A sign is enlarged (increased in any dimensions of the sign face or structural support),

b. A sign is replaced (an existing sign is removed and replaced with a completely different sign),

c. A sign is rebuilt to a different configuration or material composition beyond normal maintenance,

d. A sign is relocated (moved to a new position or location without being lawfully permitted), or

e. A sign which was previously non-illuminated has lighting added.

4. Commercial or industrial activities. Commercial or industrial activities which define a business area, or an unzoned commercial or industrial area must be in operation at the time the permit application is made. Should any commercial or industrial activity, which has been used in defining or delineating a business area, or an unzoned commercial or industrial area, cease to operate for a period of six continuous months, any signs qualified by such activity shall become nonconforming.

5. On premise. Should any activity which has been used in defining an on-premise sign cease to operate for a period of six continuous months any signs qualified by that activity shall be considered as off premise and will require appropriate permits. If the signs are then not permitable they will be in violation.

6. Municipal limit between signs. When a municipal limit falls between signs the spacing requirement shall be 300 feet between signs on primary or secondary highways.

7. Proposed interstate alignment locations. Signs existing or to be erected on primary or secondary highway systems which have been declared by the Director of Transportation as an interstate freeway alignment prior to construction of such interstate or freeway shall be classified as though the Interstate or Freeway already exists, requiring spacing criteria for Interstate or other freeways.

8. Double-faced, back-to-back, and V-type signs. Double-faced, back-to-back and V-type sign structure permits will be limited to a single sign ownership for each site. No more than two faces will be allowed facing each direction of travel. Double-faced signs shall not exceed 350 square feet per face. V-type signs will be limited to a 10’ spacing between faces at the apex. V-type sign spacing from other signs shall be measured from the middle of the apex.

9. Multifaced community signs. Local chambers of commerce may obtain permits to erect signs with more than two faces. These signs shall not exceed 1,200 square feet in area with a maximum overall vertical facing of 25 feet and a maximum overall horizontal facing of 60 feet, including border and trim, and excluding base or apron supports and other structural members. All other laws, rules and regulations will apply to multifaced community signs as to other off premise signs.

10. New sign making existing sign nonconforming. If a new sign which would otherwise be conforming will make an existing sign nonconforming, the new sign shall not be allowed.

11. Hearing requests. The land owner or sign owner may request a hearing in connection with a permit application denied or other action taken by the Arizona Department of Transportation in connection with the rules prescribed in this Section. Within seven days after notice of the action is mailed or posted, the land owner or sign owner may make written request for a hearing on the action. The Director of the Department of Transportation shall designate a hearing officer, who shall be an administrative employee of the Department of Transportation, to conduct and preside at the hearings. When a hearing is requested, the hearing shall be held within 30 days after the request, and the party requesting the hearing shall be given at least five days notice of the time of the hearing. All hearings shall be conducted at Department of Transportation administrative offices. A full and complete record and transcript of the hearing shall be taken. The presiding officer shall within 10 days after the hearing make a written determination of the presiding officer’s findings of fact, conclusions and decision and shall mail a copy of the same, by certified mail, to the owner or the party who requested the hearing.

12. Landmark signs. The Director will submit a one-time declaration listing all landmark signs to the Secretary of Transportation. The preservation of these signs would be consistent with the purposes of state highway beautification laws.

13. Blanked out or discontinued nonconforming signs. When an existing nonconforming sign ceases to display advertising matter for a period of one year the use of the structure as a nonconforming outdoor advertising sign is terminated.

14. Vandalized signs. Legal nonconforming signs may be rebuilt to their original configuration and size when they are destroyed due to vandalism and other criminal or tortious acts.

D. Standards for directional and other official signs.

1. Purpose. The purpose of this subsection is to present standards applicable to directional and other official signs.

2. Scope and application. The standards presented in this Chapter apply to directional and other official signs and notices which are erected and maintained within 660 feet of the nearest edge of the right-of-way of the interstate, federal-aid primary and secondary highway systems and which are visible from the main-traveled way of the systems. These types of signs must conform to national standards, promulgated by the Secretary of Transportation under authority set forth in 23 U.S.C. 131(c). These standards do not apply, however, to directional and other official signs erected on the highway right-of-way.

3. Standards for directional signs. The following apply only to directional signs:

a. General. The following signs are prohibited:

i. Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.

ii. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic.

iii. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

iv. Obsolete signs.

v. Signs which are structurally unsafe or in disrepair.

vi. Signs which move or have any animated or moving parts.

vii. Signs located in rest areas, parklands or scenic areas.

b. Size. No sign shall exceed the following limits, which include border and trim, but exclude supports.

i. Maximum area -- 150 square feet.

ii. Maximum height -- 20 feet.

iii. Maximum length -- 20 feet.

c. Lighting. Signs may be illuminated, subject to the following:

i. Signs which contain, include, or are illuminated by any flashing, intermittent or moving light or lights are prohibited.

ii. Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver’s operation of a motor vehicle are prohibited.

iii. No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

d. Spacing.

i. Each location of a directional sign must be approved by the Arizona Department of Transportation.

ii. No directional sign may be located within 2,000 feet of an interstate, or intersection at grade along the interstate system or other freeways (measured along the interstate of freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

iii. No directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area.

(1) No two directional signs facing the same direction of travel shall be spaced less than one mile apart;

(2) Not more than three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

(3) Directional signs located adjacent to the Interstate System shall be within 75 air miles of the activity; and

(4) Directional signs located adjacent to the Primary System shall be within 50 air miles of the activity.

(5) No directional signs shall be located within 500 feet of an off-premise outdoor advertising sign on any state highway.

e. Message content. The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit number. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.

f. Selection methods and criteria for privately owned activities or attractions to obtain directional sign approval.

i. Privately owned activities are attractions eligible for directional signing are limited to the following categories:

(1) Natural phenomena,

(2) Scenic attractions,

(3) Historic sites,

(4) Educational sites,

(5) Cultural sites,

(6) Scientific sites,

(7) Religious sites, and

(8) Outdoor recreational areas.

ii. To be eligible, privately owned attractions or activities must be nationally or regionally known, and of outstanding interest to the traveling public.

iii. The Director, Arizona Department of Transportation, will appoint a Selection Board for Directional Signing Qualifications consisting of three administrative or professional employees of the Department of Transportation, one of whom shall be designated as chairperson, to judge and approve the qualifications for directional signing of privately owned activities or attractions as limited to the categories in subsection (D)(3)(f)(i) and the qualification in subsection (D)(3)(f)(ii).

iv. Applicants for directional signs involving privately owned activities or attractions, shall first qualify the activity or attraction by submitting an official qualification form to the attention of the maintenance permit engineer, highways division, Arizona Department of Transportation. The maintenance permit engineer will forward the application for qualification, along with any technical data which may assist the selection board in making the selection board’s determination, to the selection board.

v. Applicant shall indicate one or more categories (as listed in subsection (D)(3)(f)(i) that is applicable to the activity or attraction for which qualification is sought. Applicants shall submit a statement and supporting evidence that the activity or attraction is nationally or regionally known and is of outstanding interest to the traveling public.

vi. The selection board will, upon approval or rejection of an application, give notification of the selection board’s determination in writing, to the applicant and to the maintenance permit engineer.

vii. The maintenance permit engineer will not issue any permits for directional signs for any privately owned activity or attraction until receipt of qualification approval by the selection board. All directional sign permits issued for the Department of Transportation by the maintenance permit engineer will meet the standards for directional and other official signs as incorporated in the “Rules and Regulations for Outdoor Advertising along Arizona Highways” approved and issued by the Director, Arizona Department of Transportation.

g. Rural activity signs are intended to give directions to rural activity sites located along rural roads connecting to state highways. The signs must be located in areas primarily rural in nature. Rural activities that may qualify include ranches, recreational areas and mines. Signs for private residences, subdivisions, and commercial activities are not permitted. Industrial activities that are located in primarily rural areas such as mines or material pits may be allowed. The signs shall not be located in business areas, unzoned commercial or industrial areas, or within municipal limits. The selection board may make final determination of eligibility for those signs when necessary. Not more than one sign pertaining to a rural activity facing the same direction of travel may be erected along a single route approaching the rural connecting road. Signs will be limited to 10 square feet in area. All other standards for directional signs shall apply.

h. No application fee is required for official signs and notices, public utility signs, service club and religious notices, public service signs or directional signs erected by federal, state or local governments. Other directional signs require a permit application and $20.00 fee.

Historical Note

Adopted effective January 3, 1977 (Supp. 77-1). Former Section R17-3-711 renumbered without change as Section R17-3-701 (Supp. 88-4). Amended by final rulemaking at 18 A.A.R. 2347, effective November 10, 2012 (Supp. 12-3).

Exhibit 1. Expired

Historical Note

Exhibit 1 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Exhibit 2. Expired

Historical Note

Exhibit 2 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Exhibit 3. Expired

Historical Note

Exhibit 3 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Exhibit 4. Expired

Historical Note

Exhibit 4 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Exhibit 5. Expired

Historical Note

Exhibit 5 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Exhibit 6. Expired

Historical Note

Exhibit 6 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Exhibit 7. Expired

Historical Note

Exhibit 7 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Exhibit 8. Expired

Historical Note

Exhibit 8 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Exhibit 9. Expired

Historical Note

Exhibit 9 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

R17-3-701.01. Outdoor Advertising Control: Restrictions on the Erection of Billboards and Signs and Restrictions on the Issuance of Permits

A. Outdoor advertising shall not be erected under A.R.S. § 28-2102(A)(4) or (5) in a zoned area:

1. Which is not part of a comprehensive zoning plan and which is created primarily to permit outdoor advertising structures, or

2. In which limited commercial or industrial activities are permitted as an incident to other primary land uses.

B. A permit for outdoor advertising shall not be issued under A.R.S. § 28-2106(4) in a zoned area:

1. Which is not part of a comprehensive zoning plan and which is created primarily to permit outdoor advertising structures, or

2. In which limited commercial or industrial activities are permitted as an incident to other primary land uses.

Historical Note

Emergency rule adopted effective May 17, 1994, pursuant to A.R.S. § 41-1026, valid for 90 days (Supp. 94-2). Permanently adopted without change effective August 12, 1994 (Supp. 94-3).

R17-3-702. Repealed

Historical Note

Adopted effective September 9, 1977 (Supp. 77-5). Amended effective May 11, 1981 (Supp. 81-3). Former Section R17-3-712 renumbered without change as Section R17-3-702 (Supp. 88-4). Section R17-3-702 and Exhibits 1-9 repealed by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

R17-3-703. Arizona Junkyard Control

A. Purpose. The purpose of this Section is to describe the Arizona Department of Transportation’s responsibility to effectively control junkyards within 1000 feet of the right-of-way on interstate highways under A.R.S. §§ 28-7941 through 28-7946.

B. Definitions. For purposes of this Section:

1. “Department” means the Arizona Department of Transportation.

2. “Director” means the Director, Arizona Department of Transportation or the Director’s designated representative.

3. “Screening” means the use of vegetative planting, fencing, masonry wall or other constructed structure, earthen embankment, or a combination of any of these that effectively hides from view a deposit of junk from the main-traveled way.

4 “Screening license” means a license issued by the Director as required by A.R.S. § 28-7943 and as described in this Section.

5. “Unzoned industrial area” means the same as in A.R.S. § 28-7901(11).

C. Screening license application procedure.

1. Screening license required. The Department requires a screening license for a junkyard that:

a. Was established or expanded after July 1, 1974;

b. Is located within 1000 feet of the nearest edge of the right-of-way of the interstate highway system;

c. Is within view of the main-traveled way of the interstate highway system; and

d. Is not located in a zoned or unzoned industrial area.

2. Screening license form. An applicant shall use the Department “junkyard permit application” form to apply for a screening license, and provide the following information:

a. Name, address, and telephone number of the owner;

b. Legal description of the land where the junkyard to be screened is located;

c. Name and address of the junkyard business;

d. Location of the junkyard, including:

i. The highway route number,

ii. Distance, in feet, to nearest highway milepost,

iii. Distance, in feet, from the highway right-of-way to the junkyard boundaries.

e. Zoning classification of the land where the junkyard is located; and,

f. Type, size, and date of establishment of the junkyard.

3. Application mailed to Permits Manager. An applicant shall mail the completed junkyard permit application, required documentation and the $25.00 fee, in the form of a check or money order payable to the Arizona Department of Transportation, to:

Arizona Department of Transportation

Intermodal Transportation Division

206 South 17th Avenue, MD 004R

Phoenix, AZ 85007

Attention: Maintenance Permits Manager, Maintenance Section

4. Required documentation. Along with the junkyard permit application, an applicant shall submit the following documentation:

a. A location diagram or plat of the junkyard area that indicates:

i. The highway route number;

ii. Distance, in feet, to nearest highway milepost;

iii. Physical features such as buildings, bridges, culverts, utility poles, and other stationary improvements or site features that adequately describe the location; and

iv. Distance, in feet, from the highway right-of-way to the junkyard boundaries.

b. A drawing or plan, drawn to scale, of the junkyard screening design to be used, that includes:

i. Plan view;

ii. Elevation;

iii. Construction details of fencing, berms, and plantings used alone or in combination;

iv. If applicable, plant pit size, backfill material to be used, planting and staking details, botanical names of plant materials, plant size at the time of planting, and the spacing between plants; and

v. Any details necessary to show design and construction materials to be used.

5. Extensions. A request for an extension shall be in writing. The Department shall grant a 60 day extension in the following circumstances:

a. If an applicant requests an extension for completion of screening within 90 days after the Department approves a screening license; and

b. If the Department gives a junkyard owner a violation notice and the junkyard owner requests an extension to submit the screening application within 60 days of receiving the violation notice.

6. License issuance or denial.

a. The Department shall grant an application for a screening license only if the application complies with all requirements of A.R.S. §§ 28-7941 through 28-7946 and this Section.

i. A junkyard owner has 180 days from the date of approval to screen the junkyard.

ii. The Department shall field check each approved license to ensure compliance with the screening requirements of A.R.S. §§ 28-7941 through 28-7946, and this Section.

b. If the Department denies an application because the screening plan does not comply with A.R.S. §§ 28-7942 through 28-7946 or this Section, an applicant may, within 10 days of the denial, request permission in writing to submit an amended application and amended screening plan without paying an additional fee.

c. A junkyard owner who fails to complete the junkyard screening within 180 days from approval of the screening license, or other prescribed period, may be found guilty under subsection (D)(9).

7. Invalidation of screening license. An existing screening license shall become invalid at a previously approved location when the junkyard is enlarged or substantially changed in use so that the screening no longer adequately screens the junk. An owner shall apply for a new and separate screening license.

8. Transfer of screening license. To transfer a screening license upon sale of a junkyard, a new owner shall submit to the Department written notification of sale within 30 days after date of sale. Upon sale of a junkyard, the new owner shall continue all screening maintenance.

D. Screening.

1. Purpose. This subsection describes the requirements governing the location, planting, construction, and maintenance, of materials used in screening junkyards as required in A.R.S. § 28-7942(D).

2. Junkyard expansions. A junkyard owner shall be responsible for any expense to expand an existing junkyard screen. Screening expansions shall be aesthetically compatible, as the Director determines, with existing screens.

3. Screening location. Fences and screens shall be located so as not to be hazardous to the traveling public. New junkyards and expansions shall have screens in place before any junk is deposited.

4. Acceptable screening. When fencing is used alone or in combination with plant material, the fencing shall be capable of screening the junk entirely from view. When planting is used alone or in combination with an earthen berm, the number, type, size, and spacing of the plants shall be capable of screening the junk entirely from view, as determined by the Department.

5. Acceptable fencing materials. Acceptable fencing includes: steel or other metals; durable woods such as heart cypress, redwood, or other wood treated with a preservative; and walls of concrete block, brick, stone, or other masonry. Metal fencing shall be stained, colored, coated, or painted to blend into surroundings and be aesthetically unobtrusive.

6. Acceptable plant materials. Plant materials used shall be predominantly evergreen. In general, the minimum size of plant materials used shall be equal to five-gallon containers. An applicant may obtain a list of acceptable plant materials from the Department.

7. Screening maintenance. A junkyard owner shall ensure that screening does not enter the right-of-way. A junkyard owner shall maintain all screening in good condition by:

a. Maintaining fences, walls, or other structural material in good appearance by timely painting and repair.

b. Adequately watering, cultivating, mulching, or giving other maintenance to plant material, including spraying for insect control, to keep the planting in healthy condition; and

c. Removing all dead plant material immediately and replacing it promptly during the following planting season. Replacement plants shall be at least as large as the initial planting as approved on the screening license.

8. Abandoned, destroyed, or voluntarily discontinued junkyards. A junkyard that ceases to operate for a period of one year or longer, shall comply with A.R.S. § 28-7943 and obtain a screening license to be reopened.

9. Violation.

a. The Department shall issue a violation notice to a junkyard owner for failing to comply with A.R.S. §§ 28-7941 through 28-7946. A junkyard owner shall have 60 days from the date the violation notice is issued to apply for a screening license and submit a screening plan for the Department’s review and approval.

b. A person who violates any provision of A.R.S. §§ 28-7941 through 28-7946 or this Section for junkyard control can be found guilty of a misdemeanor under A.R.S. § 28-7946.

Historical Note

Adopted effective September 7, 1979 (Supp. 79-5). Amended effective June 13, 1980 (Supp. 80-3). Former Section R17-3-713 renumbered without change as Section R17-3-703 (Supp. 88-4). Amended by final rulemaking at 8 A.A.R. 844, effective February 8, 2002 (Supp. 02-1).

ARTICLE 8. ARIZONA PARKWAYS AND HISTORIC AND SCENIC ROADS

R17-3-801. General Provisions

The following definitions apply:

“Corridor Management Plan (CMP)” means a written document developed with public involvement that specifies the actions, procedures, controls, operational practices, and administrative responsibilities and strategies to manage and protect the resources of a designated road.

“Department” means the Arizona Department of Transportation.

“Designate” means to grant status as a parkway, historic road, or scenic road to certain physical boundaries of a road or area under A.R.S. §§ 41-512 through 41-518.

“Interstate highway” has the meaning in A.R.S. § 28-7901(4).

“PHSRAC” means the Arizona Parkways, and Historic and Scenic Roads Advisory Committee.

“Road” means any federal, state, county, Indian, or municipality roadway or right-of-way.

“Request” means a written statement submitted to PHSRAC by an agency, group, or individual to ask PHSRAC to consider an initial assessment to recommend certain road segments for a designated road.

“Resources” means the cultural, natural, scenic, or historic qualities of a requested parkway or historic or scenic road.

“State highway” has the meaning in A.R.S. § 28-101(47).

“Viewshed” means the three visual areas that can be seen from a specific stopping point on or near a roadway, comprised of the:

Foreground (the area up to one-third mile from the edge of the roadway where individual parts of a plant are distinguishable);

Middleground (the area beginning one third from the edge of the roadway and extending to three miles from the roadway where individual plants are distinguishable); and

Background (the area more than three miles from the roadway, where individual plants are indistinguishable but are visible as vegetative cover).

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

R17-3-802. Meetings and Organization of PHSRAC

A. Chairperson.

1. At the first meeting of the fiscal year, PHSRAC shall elect a chairperson and vice chairperson. The chairperson and vice chairperson shall assume the duties of office at the close of the first meeting.

2. If the chairperson or vice chairperson resigns or vacates the office before the term expires, PHSRAC shall elect a replacement to serve the remainder of the term at the next scheduled meeting.

3. The chairperson shall preside at all meetings, appoint subcommittees of PHSRAC, and perform other duties as necessary to the office of chairperson.

4. If the chairperson is absent or incapacitated, the vice chairperson shall exercise the duties of the chairperson.

B. Meetings.

1. PHSRAC shall meet at least once each six months at a time and place designated by the chairperson.

2. The chairperson, the vice chairperson with the chairperson’s approval, or any six members of PHSRAC may call a meeting as necessary to conduct PHSRAC’s business.

3. PHSRAC shall notice all meetings as prescribed in A.R.S. Title 38, Article 3.1.

C. PHSRAC’s decisions become effective by a majority vote of attending members if a quorum is present. A quorum consist of six or more members of PHSRAC present at a meeting convened under A.R.S. Title 38, Article 3.1.

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

R17-3-803. Request to Designate a Road

A. Any agency, group, or individual may request PHSRAC to recommend that the Transportation Board designate a road. An applicant agency, group, or individual shall submit a written request to the Chairman of PHSRAC, care of the Department. The request shall identify the applicant and state the road segment to be included in a proposed designated road.

B. At a meeting convened under A.R.S. Title 38, Article 3.1, PHSRAC shall conduct an initial assessment of the request based on the factors in R17-3-804(A). PHSRAC shall decide by majority vote whether to allow the applicant to submit an application and report as described in subsection (C).

C. If PHSRAC approves an initial assessment, PHSRAC shall provide the applicant with a copy of the “Application Procedures for Designation of Parkways and Historic or Scenic Roads in Arizona.” The applicant shall submit the following:

1. A written letter of support for designation of the road by the entity having jurisdiction over the road. If the proposed designated road is a state highway, a local community group shall submit the letter of support; and

2. A report that includes the following for the proposed designated road:

a. Recommended road segment to be designated;

b. Area on either side of the road necessary to protect the historic, cultural, or visual resources of the proposed designated road;

c. Adjacent land ownerships;

d. Existing major land use along the proposed designated road;

e. Area zoning;

f. Still photos or other supportive material of outstanding and representative scenery, or other resources;

g. Recommendations to protect or enhance the historic, cultural, or visual resources of the proposed designated road;

h. Visual impact of existing outdoor advertising; and

i. Inventory of resources as prescribed in subsection (D).

D. An inventory of resources includes the following, as applicable to the proposed designated road:

1. Natural resources such as geology, hydrology, climate, biota, and topography;

2. Visual resources, including a systematic:

a. Selection of appropriate viewsheds,

b. Classification of the proposed designated road’s scenic elements and viewsheds, and

c. Evaluation of the visual quality of each viewshed.

3. Cultural resources, including:

a. Architectural resources, including structures, landscaping, or other human constructions, that possess artistic merit and represent the architectural class or time period of human achievement;

b. Historical resources, including sites, districts, structures, artifacts, or other evidence of human activities that represent aspects or events of national, state, or local history;

c. Archaeological resources, including sites, artifacts, or structures that date from

i. Prehistoric or aboriginal periods; or

ii. Historic periods, or non-aboriginal activities for which only vestiges remain; and

d. Cultural development resources, including:

i. Political or governmental development,

ii. Social or cultural impact on civilization in the proposed area, or

iii. Technological or economic impact of civilization in the proposed area.

E. For a proposed designated road that is part of the Arizona state highway system, the Department shall prepare the report required in subsection (C)(2).

F. The Department shall submit the inventory of resources to the Arizona Historical Advisory Committee of the Arizona State Library, Archives, and Public Records for its evaluation of the value of any historical resource of a proposed designated road.

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

R17-3-804. PHSRAC’s Process

A. After receiving all information requested in R17-3-803(C) and (D), PHSRAC shall evaluate the extent and quality of the resources for the proposed designated road. PHSRAC shall consider the following factors in deciding to recommend designation to the Transportation Board:

1. The memorability of the visual impression from contrasting landscaping elements;

2. The integrity of the visual order in the natural and human-built landscape, and the extent to which the landscape is free from visual encroachment;

3. The degree to which visual aspects of the landscape elements join to form a harmonious, composite, and visual pattern;

4. Degree of the historical or cultural contribution to the area, state, or nation;

5. Proximity and access of the proposed designated road to the historical place or area;

6. Sufficient land area for a parkway to accommodate visitor facilities; and

7. Evaluation by the Arizona Historical Advisory Committee.

B. At a meeting convened under A.R.S. Title 38, Article 3.1, PHSRAC shall discuss and vote on a recommendation for designation of a road to the Transportation Board. PHSRAC shall:

1. Approve and recommend a designation by a majority vote, or

2. Deny a request for designation.

C. If PHSRAC approves and recommends designation, PHSRAC shall submit the recommendation to the Director to present to the Transportation Board. The Transportation Board has sole authority to designate a road as a parkway, historic, or scenic road

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

R17-3-805. Reconsideration of PHSRAC’s Decision

A. If PHSRAC denies a request to designate a proposed road at the initial assessment stage, as described in R17-3-803(B), the agency, group, or individual that requested designation may prepare and submit an application and report under R17-3-803(C) to PHSRAC at its own cost. The agency, group, or individual shall submit the application and report within one year from the date of PHSRAC’s decision denying the request.

B. If PHSRAC denies an application to designate a road, the agency, group, or individual may request that PHSRAC reconsider its decision:

1. The entity requesting reconsideration has 60 days from the date of PHSRAC’s decision to present additional information to PHSRAC. Additional information includes data that emphasizes the factors PHSRAC considers in R17-3-804(A), and emphasizes the road’s unique features or special qualities that could be protected or enhanced. The Department shall prepare the additional information if the road is a state highway.

2. PHSRAC shall not reconsider its decision if the entity requesting reconsideration does not submit additional information.

C. If additional information is presented, PHSRAC shall discuss and vote on the request for reconsideration at a meeting convened under A.R.S. Title 38, Article 3.1.

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Correction to subsection (C) (Supp. 88-4). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

R17-3-806. Review of Existing Designated Parkway or Historic or Scenic Road

A. Review.

1. PHSRAC shall review a designated road to compare and ensure that the present conditions and resources comply with the conditions and resources that existed at the time the road was designated in order to ensure continued designation.

2. PHSRAC shall conduct a review:

a. At least every five years from initial designation,

b. At the design stage of any construction or reconstruction proposed by the Department or the entity having jurisdiction of the designated road, or

c. If the entity having jurisdiction or a local community group recommend deletion of the designated road.

B. Corridor Management Plan (“CMP”).

1. The Department incorporates by reference the Federal Highways Administration’s Notice of FHWA interim policy, published in the Federal Register, 60 F.R. 26759, May 18, 1995, and no later amendments or editions. The incorporated material is on file with the Department.

2. The entity having jurisdiction or any member of the public shall use the guidelines outlined in the Notice of FHWA interim policy, incorporated by reference in R17-3-806(B)(1), to prepare a CMP.

3. The entity having jurisdiction or any member of the public shall submit a CMP to PHSRAC as stated in R17-3-803(A), for PHSRAC’s review.

4. At a meeting convened under A.R.S. Title 38, Article 3.1, PHSRAC shall discuss and vote on whether to recommend to the Department or the entity having jurisdiction to adopt and implement the CMP, using the guidelines outlined in the Federal Highways Administration’s Notice of FHWA interim policy.

C. Deletion.

1. Based on its review conducted under subsection (A), PHSRAC shall discuss and vote on a recommendation for deletion of a designated road at a meeting convened under A.R.S. Title 38, Article 3.1.

2. Reconsideration. The entity having jurisdiction of a designated road or a local community group may request that PHSRAC reconsider its decision if PHSRAC recommends deletion of a designated road.

a. The entity requesting reconsideration has 60 days from the date of PHSRAC’s decision to present additional information to PHSRAC. Additional information includes data that emphasizes the factors PHSRAC considers in R17-3-804(A), and emphasizes the road’s unique features or special qualities that could be protected or enhanced. The Department shall prepare the additional information if the road is a state highway.

b. PHSRAC shall not reconsider its decision if the entity requesting reconsideration does not submit additional information.

c. PHSRAC shall use the procedures described in R17-3-805 to reconsider its decision.

3. PHSRAC shall submit a recommendation for deletion to the Director for the Director to present to the Transportation Board.

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

R17-3-807. Approvals and Agreements Between Agencies for Designation

If the Transportation Board designates a road that is not a state highway, the designation becomes effective after the Department and the entity having jurisdiction complete an interagency agreement and file the agreement with the Secretary of State. The agreement shall include the following:

1. PHSRAC’s resource listing and evaluation for designation as recommended to the Director for the Director’s presentation to the Transportation Board,

2. Requirements or recommendations for protecting unique features and resources,

3. Provisions for Department-approved signing,

4. Provisions for an access road or subdivision access to a parkway as restricted under A.R.S. § 41-514(F),

5. Statements regarding the conditions of the designation,

6. Provisions if the Transportation Board deletes a road and cancels an agreement, or

7. Provisions that the Department, the Arizona Parks Board, or the Arizona Historical Society do not have any financial or legal responsibility for another agency or government unit by designating a highway as a parkway or historic or scenic road.

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

R17-3-808. Construction and Maintenance Standards; Signing

A. Under A.R.S. § 41-516, the Department or entity having jurisdiction may allow a design exception effecting construction or maintenance in order to protect and enhance a special feature or unique resource of the designated road, based on engineering judgment and the current standards of the American Association of State Highway and Transportation Officials.

B. The Department or entity having jurisdiction shall provide signing to identify the designated road, based on the current edition of the Manual on Uniform Traffic Control Devices adopted under A.R.S. § 28-641, and the following criteria:

1. A logo associated with a sign that identifies a designated road shall not be used without PHSRAC’s written permission.

2. The Department shall provide signing identifying a designated state highway depending on the level of fiscal constraint and available funding.

3. The Department shall not allow signing identifying a designated road on an interstate highway.

4. PHSRAC and the Director shall review any other signing related to identifying a designated road, such as historical markers, in order to ensure the signing conforms to Department standards and resource character of the road.

5. A sign shall not visually interfere with or distract from an adjacent traffic control device, or the historic or scenic quality of an area.

6. Signing identifying the designated road should be as close as practicable to the established termini. Within the designated road, signing shall be at least five miles apart. If the termini of the designated road are less than ten miles apart, no additional signing shall be installed within the designated road.

7. If a designated road begins or ends at a point at a junction or intersection of another road, the signing for the designated road shall be located beyond the junction and beyond any signing that is installed immediately after the junction or intersection. Signing for the designated road may be incorporated with or into advance guide signing for the other road if spacing allows.

8. If an intersecting road is a designated road, and the beginning or end is not immediately adjacent to the junction or intersection, any signing shall be located only on the designated road.

9. If the Transportation Board deletes a road, the Department or entity having jurisdiction shall remove all designation signing.

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

R17-3-809. Repealed

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Section repealed by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

ARTICLE 9. HIGHWAY TRAFFIC CONTROL DEVICES

R17-3-901. Signing for Colleges and Universities

A. Definitions.

“Community College” has the meaning as prescribed in A.R.S. § 15-1401.

“Department” means the Arizona Department of Transportation.

“FHWA” means the Federal Highway Administration of the U.S. DOT.

“Major metro area” means an urban area with a population of at least 50,000.

“Municipality” means an incorporated city or town.

“MUTCD” means the Manual on Uniform Traffic Control Devices, a national standard for the design and application of traffic control devices that is published by the U.S. DOT/FHWA and that is the standard for traffic control devices on the streets and highways of this state as required by A.R.S. § 28-641.

“Nonconforming sign” means an erected sign that does not comply with this Section or A.R.S. § 28-642(D) due to changes in the statutes, rules, or changed conditions. Examples of changed conditions include the reconstruction of a highway or physical deterioration of a sign.

“Regionally accredited college or university” means a college or university accredited by a regional institutional accrediting association recognized by the Arizona State Board for Private Postsecondary Education.

“Rural area” means all areas other than a major metro area or an urban area.

“Signing” means standard highway supplemental guide signs as specified in the MUTCD.

“State highway” has the same meaning as prescribed in A.R.S. § 28-101.

“State University” means a university established and maintained by the Arizona Board of Regents under A.R.S. § 15-1601.

“Trailblazing sign” means a sign installed by a local governmental agency, off the state highway, to guide traffic to a college or university.

“Trip” means a one-way commute to or from a college or university, calculated by the Department based on the number of students or dorm beds, using the following equivalents:

One student = 1 1/2 trips

One dorm bed = three trips.

“Urban area” means a municipality having a population of at least 10,000 but less than 50,000.

“U.S. DOT” means the United States Department of Transportation.

B. Application for signing. A college or university referenced in A.R.S. § 28-642(D) may request signing by submitting a letter on its letterhead to the Department’s State Traffic Engineer. The letter shall contain the following information:

1. Name of college or university;

2. Complete street address;

3. Names of agencies granting accreditation;

4. Number of students;

5. Number of dormitory beds, if applicable; and

6. Signature of a person authorized to sign for the college or university.

C. Requirements. To be considered for signing, a college or university referenced in A.R.S. § 28-642(D) shall satisfy the following:

1. Is on a road that intersects a state highway. If a college or university is on a road that does not intersect a state highway, it still may qualify if:

a. The governing political subdivision submits to the Department, within 30 days from the Department’s receipt of the request for signing, written confirmation stating that the governing political subdivision will install and maintain trailblazing signs; and

b. The governing political subdivision installs trailblazing signs before the Department places signing on the state highway.

2. Meets all the requirements under subsection (C)(2)(a), (b), or (c) of this Section.

a. If in a major metro area:

i. Generates at least 4000 trips per weekday.

ii. Is three miles or less from a state highway, except the distance may be increased 1/4 mile for each 10% increase in the required number of trips per weekday to a maximum of five miles.

b. If in an urban area:

i. Generates at least 2000 trips per weekday.

ii. Is four miles or less from a state highway, except the distance may be increased 1/4 mile for each 10% increase in the required number of trips per weekday to a maximum of five miles.

c. If in a rural area:

i. Generates at least 1000 trips per weekday.

ii. Is five miles or less from the state highway, except the distance may be increased 1/4 mile for each 10% increase in the required number of trips per weekday to a maximum of 15 miles.

D. Exceptions to standards. The Department may place supplemental guide signs on state highways to direct traffic to colleges and universities. The Department shall determine whether to place supplemental guide signs for a college or university based on the specific criteria and the guidelines in the MUTCD.

E. Nonconforming signs. The Department may remove a nonconforming sign if:

1. Other signs have greater priority under the criteria in the MUTCD,

2. Physical spacing of signs is limited for an upcoming interchange or intersection, or

3. A greater number of trips are generated by the subject of other guide signs.

F. College or university. Only the initial, main campus of a college or university referenced in A.R.S. § 28-642(D) may qualify for signing, unless otherwise permitted by statute.

Historical Note

Adopted effective May 7, 1991 (Supp. 91-2). Amended by final rulemaking at 8 A.A.R. 3838, effective August 12, 2002 (Supp. 02-3). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

R17-3-902. Logo Sign Programs

A. Definitions.

“Attraction” means any of the following:

“Arena” means a facility that has a capacity of at least 5000 seats, and is a:

Stadium or auditorium;

Track for automobile, boat, or animal racing; or

Fairground that has a tract of land where fairs or exhibitions are held and permanent buildings that include bandstands, exhibition halls, and livestock exhibition pens.

“Cultural” means an organized and permanent facility that is open to all ages of the public, and is a:

Facility for the performing arts, exhibits, or concerts; or

Museum with professional staff, and an artistic, historical, or educational purpose, that owns or uses tangible objects, cares for them, and exhibits them to the public.

“Domestic farm winery” means a site licensed by the Arizona Department of Liquor Licenses and Control under A.R.S. § 4-205.04 that produces at least 200 gallons and not more than 40,000 gallons of wine annually that is commercially packaged for off-premises sale, and is open to the public for tours to provide an educational format for informing visitors about wine.

“Domestic microbrewery” means a site licensed by the Arizona Department of Liquor Licenses and Control under A.R.S. § 4-205.08 that produces not less than 5000 gallons of beer in each calendar year following the first year of operation and not more than 1.24 million gallons of beer in a calendar year, and is open to the public for tours to provide an educational format for informing visitors about beer.

“Dude ranch” means a facility offering overnight lodging, meals, horseback riding, and activities related to cattle ranching;

“Farm-related” means an established area or facility where consumers can purchase directly from Arizona producers locally-grown, consumer-picked or pre-picked produce, or local products produced from locally-grown produce.

“Golf course” means a facility offering at least 18 holes of play. Golf course excludes a miniature golf course, driving range, chip-and-putt course, and indoor golf.

“Historic” means a structure, district, or site that is listed on the National or Arizona Register of Historic Places as being of historical significance, and includes an informational device to educate the public about the facility’s historic features.

“Mall” means a shopping area with at least 1 million square feet of retail shopping space.

“Recreational” means a facility for physical exercise or enjoyment of nature that includes at least one of the following activities: walking, hiking, skiing, boating, swimming, picnicking, camping, fishing, playing tennis, horseback riding, skating, hang-gliding, and climbing;

“Scenic tours” means a business that offers guided tours of scenic areas in Arizona through various means, including air, motorized vehicle, animal, walking, or biking;

“Average annual daily traffic” means the total volume of traffic passing a point or segment of an interstate or other state highway in both directions for one year, divided by the number of days in the year, adjusted for hours of the day counted, days of the week, and seasons of the year.

“Business” means an entity that provides a specific service open for the general public and is located on a roadway within the required distance of an interstate or other state highway.

“Contract” means a written agreement between a contractor and the Department to operate a logo sign program or any aspect of a logo sign program that describes the obligations and rights of both parties.

“Contractor” means a person or entity that enters into an agreement with the Department to operate a logo sign program or any aspect of a logo sign program, and that is responsible for those aspects of a logo sign program as provided in the contract.

“Department” means the Arizona Department of Transportation.

“Exit ramp” means a roadway by which traffic may leave a controlled access highway.

“FHWA” means the Federal Highway Administration of the U.S. DOT.

“Food court” means a collective food facility that exists in one contiguous area and contains a minimum of three separate food service businesses.

“Highway” has the same meaning as prescribed in A.R.S. § 28-101.

“Interchange” means the point at which traffic on a system of interconnecting roadways that have one or more grade separations, moves from one roadway to another at a different level.

“Intersection” has the same meaning as prescribed in A.R.S. § 28-601.

“Interstate system” has the same meaning as prescribed in A.R.S. § 28-7901.

“Lease agreement” means a written contract between a contractor and a responsible operator, or between the Department and a responsible operator, to lease space for a responsible operator’s logo on a contractor’s or the Department’s specific service information sign.

“Logo” means an identification brand, symbol, trademark, name, or a combination of these, for a responsible operator.

“Logo sign” means a specific service information sign consisting of a lettered board attached to a separate rectangular panel that displays an identification brand, symbol, trademark, name, or a combination of these, for a responsible operator.

“Logo sign panel” means a separate rectangular panel on which a logo is placed.

“Municipality” means an incorporated city or town.

“MUTCD” means the Manual on Uniform Traffic Control Devices, a national standard for the design and application of traffic control devices that is published by the U.S. DOT/FHWA and that is the standard for traffic control devices on the streets and highways of this state as required by A.R.S. § 28-641.

“Primary business” means:

A gas service business that is within three miles of an intersection or exit ramp; is in continuous operation to provide services at least 16 hours per day, seven days per week for the interstate system; and 12 hours per day, seven days per week, for other highways;

A food service business that is within three miles of an intersection or exit ramp terminal and is in continuous operation to serve at least two meals per day at least six days per week;

A lodging service business that is within three miles of an intersection or exit ramp terminal;

A camping service business that is within five miles of an intersection or exit ramp terminal;

An attraction service business, or staging area of that business, that is within three miles of an intersection or exit ramp terminal; or

A 24-hour pharmacy that is within three miles in any direction of an interchange or exit ramp terminal on the interstate system.

“Ramp terminal” means the area where an exit ramp intersects with a roadway.

“Responsible operator” means a person or entity that:

Owns or operates an eligible business, pursuant to subsection (C) of this Section,

Has authority to enter into a lease,

Enters into a lease for a logo sign through the rural or urban logo sign program, and

Has not become ineligible to participate.

“Rural logo sign program” means a system to install and maintain specific service information signs on a rural state highway outside of an urbanized area, as provided in A.R.S. § 28-7311(E)(2).

“Rural state highway” means any class of state highway, located outside of an urbanized area as provided in A.R.S. § 28-7311 (E)(2).

“Secondary business” means a business as follows:

A gas service business that is within three to 15 miles of an intersection or exit ramp terminal, and is in continuous operation to provide services at least eight hours per day, five consecutive days per week;

A food service business that is within three to 15 miles of an intersection or exit ramp terminal, and is in continuous operation to serve at least two meals per day (either breakfast and lunch, or lunch and dinner) for a minimum of five consecutive days per week;

A lodging service business that is within three to 15 miles of an intersection or exit ramp terminal;

A camping service business that is within five to 15 miles of an intersection or exit ramp terminal; or

An attraction service business, or staging area of that business, that is within three to 15 miles of an intersection or exit ramp terminal.

“Specific service” means gas, food, lodging, camping, attractions, or 24-hour pharmacies.

“Specific service information sign” means a rectangular sign panel that contains directional information, one or more logos, and the following words:

“GAS,” “FOOD,” “LODGING,” “CAMPING,” “ATTRACTION,” OR “24-HOUR PHARMACY.”

“Staging area” means a regular, designated site where a scenic tour begins.

“State highway” has the same meaning as prescribed in A.R.S. § 28-101.

“Trailblazing sign” means a specific service information sign that provides additional directional guidance to a location, route, or building from another highway or roadway.

“Urbanized area” has the same meaning as prescribed in A.R.S. § 28-7311(E)(2).

“Urban logo sign program” means a system to install and maintain specific service information signs on an interstate system or other state highway within an urbanized area, as provided in A.R.S. § 28-7311.

“U.S. DOT” means the United States Department of Transportation.

B. Administration.

1. The Department may operate an urban and a rural logo sign program, or may select a contractor to administer an urban and a rural logo sign program. An urban logo sign program may be implemented on state highways in any urbanized areas in the state. A rural logo sign program may be implemented on state highways located outside of urbanized areas in the state. If the Department utilizes a contractor to administer an urban and a rural logo sign program, the Department shall solicit offers, as provided in A.R.S. §§ 41-2501 through 41-2673, to select a contractor.

2. The Department may contract separately for an urban and a rural logo sign program.

3. A contract shall specify the standards that a contractor shall use, which are contained in the MUTCD, U.S. DOT/FHWA current edition as adopted by the Department under A.R.S. § 28-641 and any other requirements and standards prescribed by the Department.

4. The Department may propose its own form of a written lease agreement with a responsible operator. The Department shall prescribe the form of any written lease agreement between a contractor and a responsible operator. A contractor’s lease agreement with a responsible operator shall include, by reference, the terms and conditions of the Department’s contract with a contractor under A.R.S. §§ 41-2501 through 41-2673. A contractor or the Department may terminate program participation of any responsible operator under subsection (C)(1) of this Section.

C. Eligibility criteria for primary and secondary businesses.

1. Any business is ineligible to place a logo on a logo sign panel on a particular state highway if it already has a highway guide sign installed on that state highway by a contractor or the Department. Any business is ineligible for program participation if:

a. Thirty calendar days have elapsed since a contractor or the Department issued a notice of default to a business, during which time a business failed to cure the default, or

b. A business has defaulted on a lease.

2. Gas service business. To be eligible to place a logo on a logo sign panel, a gas service business shall:

a. Provide gasoline, diesel fuel, oil, and water for public purchase or use;

b. Provide sanitary restroom facilities and drinking water;

c. Provide a telephone available for public use; and

d. Meet the additional requirements for a primary or secondary gas service business in the definition of a primary or secondary business in subsection (A) of this Section.

3. Food service business. To be eligible to place a logo on a logo sign panel, a food service business shall:

a. Provide sanitary restroom facilities for customers;

b. Provide a telephone available for public use;

c. If a food service business is part of a food court located within a shopping mall, the shopping mall may qualify as the responsible operator if the food court:

i. Complies with this Section, and

ii. Has clearly identifiable, on-premise signing consistent with the logo sign that is sufficient to guide motorists directly to the entrance to the food court.

d. Have a license where required; and

e. Meet the additional requirements for a primary or secondary food service business in the definition of a primary or secondary business in subsection (A) of this Section.

4. Lodging service business. To be eligible to place a logo on a logo sign panel, a lodging service business shall:

a. Provide five or more units of sleeping accommodations;

b. Provide a telephone available for public use;

c. Have a license, where required;

d. Provide sanitary restroom facilities for customers; and

e. Meet the additional requirements for a primary or secondary lodging service business in the definition of a primary or secondary business in subsection (A) of this Section.

5. Camping service business. To be eligible to place a logo on a logo sign panel, a camping service business shall:

a. Be able to accommodate all common types of travel trailers and recreational vehicles;

b. Have a license, where required;

c. Provide sanitary restroom facilities and drinking water;

d. Be available on a year-round basis unless camping in the community is of a seasonal nature in which case, the facilities in question shall be open to the public 24 hours per day, seven days per week during the entire season; and

e. Meet the additional requirements for a primary or secondary camping service business in the definition of a primary or secondary business in subsection (A) of this Section.

6. Attraction service business. To be eligible to place a logo on a logo sign panel, an attraction service business shall meet the following requirements, if applicable:

a. Derive less than 50% of its sales from:

i. The sale of alcohol consumed on the premises, or

ii. Gambling.

b. Derive more than 50% of its sales or visitors during the normal business season from motorists who do not reside within a 25-mile radius of the business.

c. Provide at least 10 parking spaces.

d. Provide historical, cultural, amusement, or leisure activities to the public.

e. Be in continuous operation at least six hours per day, six days per week, except:

i. An arena attraction shall hold events at least 28 days annually;

ii. A cultural attraction shall be open at least 180 days annually;

iii. A domestic farm winery or domestic microbrewery shall be open for tours at least 40 days annually;

iv. A farm-related attraction shall be open at least 120 days annually; or

v. A dude ranch shall be open at least 150 days annually.

f. Meet the additional requirements for a primary or secondary attraction service business in the definition of a primary or secondary business in subsection (A) of this Section.

7. Twenty-four hour pharmacy business. To be eligible to place a logo on a logo sign panel, a 24-hour pharmacy business shall:

a. Operate continuously 24 hours per day, seven days per week;

b. Have a state-licensed pharmacist present and on duty at all times; and

c. Meet the additional requirements for a primary 24-four hour pharmacy business in the definition of a primary business in subsection (A) of this Section.

D. Responsible operator pricing and lease procedures.

1. In the rural and urban logo sign programs, a contractor or the Department may use:

a. Rate schedules that are established and periodically adjusted by the Department; or

b. Competitive pricing established by one or more offers from potential or current responsible operators.

2. A contractor or the Department may use competitive pricing or rate schedules to determine the ranking order of potential or current responsible operators who may be awarded a logo sign lease at each appropriate highway interchange or location.

3. Along with the amount of available signage, competitive pricing or rate schedules may be based on any one or a combination of the following additional factors:

a. The average, annual, daily traffic at, or adjacent to, the highway location of the specific service information sign;

b. The population mix and relative distribution between primary and secondary businesses that appear to meet all the program requirements;

c. The ranking order determined by a contractor or the Department as established by competitive pricing proposed or offered by potential or current responsible operators, or rate schedules, at each appropriate highway interchange or location; or

d. The competitive market conditions, as well as economic, regulatory, logistical, and other related factors as determined by the Department.

4. If any of the factors in subsection (D)(3) of this Section are used in competitive pricing or rate schedules, a contractor or the Department shall make information relevant to these factors available to businesses on the contractor’s or the Department’s website.

5. If the factors in subsection (D)(3) of this Section do not resolve the business rankings at a location, a contractor or the Department shall prioritize the remaining requests for placement of a logo on a specific service information sign panel based on the following additional factors in the order listed below:

a. The responsible operator situated closest to the highway intersection or exit ramp terminal;

b. A gas service business or a food service business that provides the most days and hours of service to the public; and

c. The first-in-time, eligible responsible operator to request placement of a logo on a logo sign panel.

6. If a potential responsible operator requests placement of a logo on a specific service information sign panel at a highway intersection or interchange where there are no available placements, and does so no later than 90 calendar days before the first expiration of an existing lease with a lower-ranked responsible operator at that location, a contractor or the Department may award a lease to the highest-ranked responsible operator at that location. A contractor or the Department may establish a waiting list of requesting businesses and potential responsible operators.

7. A contractor or the Department may choose not to renew an existing lease or a lease expiring within the next 90 calendar days, if another eligible business with higher priority requests placement of a logo on a specific service information sign panel at the same location.

E. Secondary businesses.

1. Lease limitations. For a secondary business, a contractor or the Department may enter into a lease for up to five years or renew a lease for up to five years, with the following terms:

a. A contractor or the Department shall review the lease of a responsible operator at the beginning of the 24th month of the lease term to determine if the responsible operator complies with all other terms of the lease;

b. After the 24-month review, a contractor or the Department may terminate the lease and remove the appropriate logo from the logo sign panel if another eligible business with higher priority requests lease space for a logo on a logo sign panel; and

c. A contractor or the Department shall notify a responsible operator at least 90 calendar days before terminating the lease and removing a logo from the logo sign panel.

2. A contractor or the Department may display the following additional information on a specific service information sign for a secondary business, as space allows, based on the following ranking order:

a. Distance,

b. Days and hours of operation, and

c. Seasonal operation.

F. Contractor or Department responsibility.

1. A contractor shall follow all Department design standards and specifications for all sign panels, supports, and materials, as provided in the contract and the MUTCD.

2. A contractor or the Department shall ensure that a business complies with all criteria established in this Section. A contractor or the Department may choose not to enter into a lease agreement or renew a lease agreement if the eligibility criteria in subsection (C) of this Section are not met. If a responsible operator becomes ineligible to place a logo on a logo sign panel, a contractor or the Department shall remove a logo from a logo sign panel after notifying a responsible operator as provided in the lease.

3. A contractor or the Department shall require that a responsible operator certify in writing as directed that a responsible operator will comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and contractual requirements of the rural or urban logo sign program.

4. Nothing in these rules shall require a contractor or the Department to place or maintain a specific service information sign at any particular interchange or intersection. A contractor or the Department shall not place a specific service information sign that obstructs or interferes with a traffic control device.

5. A contractor shall not remove or relocate an existing official traffic control device, as defined in A.R.S. § 28-601, to accommodate a specific service information sign without prior written approval by the Department, or a local authority under A.R.S. § 28-643.

6. A contractor or the Department shall provide a copy of the signed lease agreement to a responsible operator. A responsible operator shall deliver a logo for the logo sign panel to a contractor or the Department for installation, or contract with a contractor to fabricate a logo for a logo sign panel to a responsible operator’s, and the Department’s, specifications.

7. Within 30 calendar days after receipt of a written request from a responsible operator, a contractor or the Department shall return any pre-paid lease payments to a responsible operator if a responsible operator’s logo is not installed on a logo sign panel within 90 calendar days of tendering the payments, for reasons solely caused by the Department or a contractor.

8. A contractor shall obtain an encroachment permit under R17-3-501 through R17-3-509 before erecting or modifying a specific service information sign along a state highway.

9. If a contractor requests an encroachment permit under R17-3-501 through R17-3-509, the Department’s staff shall decide the best placement of a specific service information sign and shall cooperate with a contractor to provide information to the motoring public as prescribed in subsection (E)(2) of this Section.

10. If an urban or rural logo sign program is terminated, a contractor or the Department shall:

a. Notify a responsible operator by certified mail, or a mutually agreed upon electronic communication method, of the program termination and the location where a responsible operator may claim its logo;

b. Remove all sign panels and supports, as directed by the Department; and

c. Refund any unused lease payments on a prorated basis to each responsible operator.

11. A contractor or the Department shall solely determine the position and location of new or additional logos on logo sign panels or specific service information signs when logo sign vacancies occur on a logo sign panel or a specific service information sign panel, and a new responsible operator wishes to lease space on that panel, or a waiting list exists.

12. In a lease agreement with a responsible operator, a contractor or the Department may collect all applicable taxes.

G. Urbanized or rural boundary changes. If the boundaries of an urbanized area, as identified in a subsequent decennial census, are relocated or adjusted, a contractor or the Department shall allow:

1. The logo signs within the urbanized area boundaries and outside of those boundaries to remain in place until the minimum lease obligations between a contractor or the Department and a responsible operator have been fulfilled; or

2. Until lease termination, whichever occurs first.

H. Signage transition. Logo signage in place at the end of a lease term following boundary changes in subsection (G) of this Section may be transitioned from the urban to the rural logo sign program or from the rural to the urban logo sign program as appropriate.

I. Elimination of exit ramp or interchange. When the Department eliminates an exit ramp or interchange from the state highway system, a contractor or the Department may install and maintain a specific service information sign at an exit ramp or interchange directly preceding the exit ramp or interchange that the Department eliminates in each direction, as follows:

1. On request of a responsible operator, the Department may relocate a logo sign panel or a specific service information sign, as deemed appropriate by the Department.

2. A business affected by exit ramp or interchange elimination shall meet all eligibility criteria for continued program participation as prescribed in Subsection C of this Section and the following:

a. Be located directly off the interstate or other state highway, and

b. Had previous routine access from the eliminated exit ramp or interchange with direct access from:

i. The crossroad at the eliminated exit ramp or interchange;

ii. The frontage road of the interstate or other state highway at the eliminated exit ramp or interchange, within 1000 feet of the crossroad; or

iii. The frontage road of the interstate or other state highway at the eliminated exit ramp or interchange, within 1000 feet of the crossroad, as the frontage road existed before the exit ramp or interchange was eliminated.

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Former Section R17-3-911 renumbered without change as Section R17-3-909 (Supp. 88-4). Former Sections R17-3-902 through R17-3-909 renumbered without change as Section R17-3-902 (Supp. 89-1). Amended effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 5047, effective November 4, 2003 (Supp. 03-4). Amended by final rulemaking at 11 A.A.R. 3856, effective September 15, 2005 (Supp. 05-3). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

R17-3-903. Repealed

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1). New Section made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Repealed by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

R17-3-904. MUTCD Requirements for Logo Signs

A. Number of sign panels and services allowed. No more than four specific service information sign panels are allowed on an interstate or other state highway at the approach to an intersection, interchange, or exit ramp.

1. Each specific service information sign panel shall contain a maximum of six logos as provided in Chapter 2J of the current version of the MUTCD.

2. No more than two specific service information sign panels for each type of specific service are allowed on an interstate or other state highway at the approach to an intersection, interchange, or exit ramp. A contractor or the Department may combine types of specific services as prescribed in subsection (A)(3) of this Section.

3. Except for existing logo signs displayed or approved for display as of July 6, 2012, no more than three types of services shall be represented on any specific service information sign panel. If three types of services are displayed on one specific service information sign panel, the panel shall have two logo sign panels for each service, or a total of six logo sign panels. If two types of services are displayed on one sign, the logo sign panels shall be limited to either three for each type, for a total of six logo sign panels, or four for one type and two for the other type, for a total of six logo sign panels.

4. One service type shall appear on no more than two specific service information sign panels.

5. When logos for more than six businesses of a specific service type are displayed at the same interchange or intersection approach, no more than 12 logos of a specific service type shall be displayed on no more than two specific service information sign panels.

B. Sign sequence. A contractor or the Department shall install successive specific service information signs for participating responsible operators in the direction of travel for the following as specified in the MUTCD:

1. Twenty-four hour pharmacies,

2. Attractions,

3. Camping,

4. Lodging,

5. Food, and

6. Gas services.

C. Seasonal requirements. If a responsible operator operates on a seasonal basis, a contractor or the Department shall:

1. Remove or cover a logo on a logo sign panel during the off-season; or

2. Display the dates of operation, if additional information is not required on the sign under R17-3-902(E)(2).

D. Sign standards. If the Department decides to move a specific service information sign because of construction or reconstruction of transportation facilities, or the placement of other signs or traffic control devices, the standards of the MUTCD apply regarding the new placement.

E. Trailblazing signs.

1. A contractor or the Department shall install a trailblazing sign for a responsible operator along a highway if a responsible operator’s business is not located on, and is not visible from, an intersection with a highway as directed from the specific service information sign.

2. A contractor or the Department may locate a trailblazing sign near all intersections where the direction of the route changes or where a motorist may be uncertain which road to follow.

3. A trailblazing sign is limited to four or fewer logo sign panels.

4. A contractor or the Department shall obtain written approval from a local governing authority to install and maintain a trailblazing sign along a highway that is not under the Department’s maintenance jurisdiction.

5. A contractor or the Department shall not install a logo on a specific service information sign panel until all necessary trailblazing signs have been installed.

6. A trailblazing sign shall indicate by arrow the direction to a responsible operator’s business.

7. A trailblazing sign may:

a. Duplicate the logo sign or specific service information sign, or both;

b. Consist of two lines of text; or

c. Include the type of specific service and distance to a responsible operator’s business.

F. Sign requirements. A logo sign shall comply with A.R.S. § 28-648. Descriptive advertising words, phrases, or slogans are prohibited on a logo sign, except:

1. If a responsible operator does not have an official trademark or logo, a responsible operator may display as its logo, on a logo sign panel, the name indicated in its partnership agreement, incorporation documents, or other documentation.

2. A contractor or the Department may place supplemental wording on logo sign panels in accordance with the MUTCD.

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1). New Section made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 4132, effective September 9, 2003 (Supp. 03-3). Amended by final rulemaking at 9 A.A.R. 5047, effective November 4, 2003 (Supp. 03-4). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

Appendix A. Repealed

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Appendix A repealed by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1).

Appendix B. Repealed

Historical Note

Adopted effective May 3, 1993 (Supp. 93-2). Appendix B repealed by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1).

R17-3-905. Rural Logo Sign Requirements

A. In addition to R17-3-902 through R17-3-904 and R17-3-906, the spacing between specific service information signs on a rural state highway shall be in accordance with the MUTCD based on engineering judgment.

B. Agreement. A community official designated by a municipality or town organized under Arizona law may sign a written agreement with a contractor or the Department to prohibit installation of logos on logo sign panels or specific service information sign panels on rural state highways within the recognized boundaries of the community.

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1). New Section made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

R17-3-906. Existing Leases

Any change to R17-3-902 through R17-3-905 does not affect a responsible operator’s lease before the current lease expires.

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1). New Section made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 5047, effective November 4, 2003 (Supp. 03-4). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

Illustration A. Repealed

Historical Note

New Illustration made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Illustration repealed by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2).

Illustration B. Repealed

Historical Note

New Illustration made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Illustration repealed by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2).

Illustration C. Repealed

Historical Note

New Illustration made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Illustration repealed by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2).

R17-3-907. Repealed

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Former Section R17-3-907 repealed and a new Section R17-3-907 adopted effective June 18, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1).

R17-3-908. Repealed

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Former Section R17-3-908 repealed and a new Section R17-3-908 adopted effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1).

R17-3-909. Repealed

Historical Note

Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Former Section R17-3-911 renumbered without change as Section R17-3-909 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1).

 


Scott Cancelosi
Director
Public Services Division

A.A.C. Table of Contents

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Editor
Arizona Administrative Code