C.R.S. Section 43-1-404
Advertising devices allowed

  • exception
  • legislative declaration

(1)

The following advertising devices as defined in section 43-1-403 may be erected and maintained when in compliance with all provisions of this part 4 and the rules adopted by the department:

(a)

to (c) Repealed.

(d)

Advertising devices located in areas which were zoned for industrial or commercial uses under authority of state law prior to January 1, 1970;

(e)

Intentionally left blank —Ed.

(I)

Advertising devices located along primary and secondary highways in areas which were zoned for industrial or commercial uses under authority of state law on and after January 1, 1970, provided:

(A)

The advertising device shall be no larger than one hundred fifty square feet; and

(B)

The advertising device must be located within one thousand feet of an industrial or commercial building.

(C)

to (E) Repealed.

(II)

In enacting the provisions of this paragraph (e), the general assembly declares each and every provision is necessary and not severable in order to further the substantial state interests contained in section 43-1-402. It is not the intent of the general assembly to allow advertising devices in areas zoned for industrial or commercial uses on or after January 1, 1970, unless each and every provision contained in this paragraph (e) is satisfied.

(III)

Repealed.

(f)

Intentionally left blank —Ed.

(I)

Notwithstanding any other provision of law, with the exception of section 43-1-416, any advertising device, except for a nonconforming advertising device, may contain a message center display with movable parts and a changeable message that is changed by electronic processes or by remote control. The illumination of an advertising device containing a message center display is not the use of a flashing, intermittent, or moving light for the purposes of any rule, regulation, and standard promulgated by the department or any agreement between the department and the secretary of transportation of the United States. No message center display may include any illumination that is in motion or appears to be in motion, that changes in intensity or exposes its message for less than four seconds, or that has an interval between messages of less than one second. No advertising device with a message center display may be placed within one thousand feet of another advertising device with a message center display on the same side of a highway and facing the same direction of travel. No message center display may be placed in violation of section 131 of title 23 of the United States code.

(II)

Subparagraph (I) of this paragraph (f) shall not apply if the department receives written notification from the applicable federal authority that the proposed advertising device with a message center display will directly cause the repayment or denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, but only to the extent necessary to prevent the repayment or denial of the moneys or to eliminate the inconsistency with federal law.

(2)

Nonconforming advertising devices in compliance with this part 4 and the rules and regulations adopted by the department pursuant to this part 4 may be maintained.

(3)

Nothing in this section shall be construed to allow advertising devices which are prohibited in bonus areas adjacent to the interstate system as provided for in section 43-1-406.

(4)

Notwithstanding paragraphs (d) and (e) of subsection (1) of this section, any advertising device which is more than six hundred sixty feet off the nearest edge of the right-of-way, located outside urban areas as such areas are defined in 23 U.S.C. sec. 101, and which is visible from the roadway of the state highway system and erected with the purpose of its message being read from such roadway is prohibited. Advertising devices beyond six hundred sixty feet of the right-of-way which were lawfully erected under state law prior to January 4, 1975, shall be compensated for and removed pursuant to this part 4.

(5)

Intentionally left blank —Ed.

(a)

Notwithstanding any other provision of law, except for section 43-1-416, as an alternative to removing any advertising device that is otherwise permitted by this part 4 or acquiring all real and personal property rights pertaining to the device, the department may permit the advertising device to be remodeled and relocated on the same property in a commercial or industrial zoned area, or on another area where the device would otherwise be permitted under this article.

(b)

Paragraph (a) of this subsection (5) shall not apply if the department receives written notification from the applicable federal authority that the proposed advertising device to be remodeled and relocated will directly cause the repayment or denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, but only to the extent necessary to prevent the repayment or denial of the moneys or to eliminate the inconsistency with federal law.

Source: Section 43-1-404 — Advertising devices allowed - exception - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-43.­pdf (accessed Oct. 20, 2023).

43‑1‑101
Legislative declaration 43‑1‑102
Definitions 43‑1‑103
Department created - executive director 43‑1‑104
Department divisions, sections, and units 43‑1‑105
Powers and duties of the executive director 43‑1‑106
Transportation commission - efficiency and accountability committee - powers and duties - rules - definitions 43‑1‑107
Duties of deputy director 43‑1‑108
Transfer of functions, employees, and property - contracts 43‑1‑109
Chief engineer 43‑1‑110
Powers and duties of the chief engineer - hearings - rule-making 43‑1‑111
Engineer to acquire property 43‑1‑112
Legal services 43‑1‑112.5
Establishment of annual allowable revenues and expenditures by general assembly 43‑1‑113
Funds - budgets - fiscal year - reports and publications 43‑1‑113.5
Creation and administration of transportation infrastructure revolving fund 43‑1‑114
Highway maintenance division - creation 43‑1‑115
Transportation data collection 43‑1‑116
Engineering, design, and construction division - created - duties - environmental justice and equity branch 43‑1‑117
Transportation development division - created - duties - freight mobility and safety branch - repeal 43‑1‑117.5
Transit and rail division - created - powers and duties - pilot project to expand transit - report - repeal 43‑1‑118
Employees - duties 43‑1‑119
Applications for licenses - authority to suspend licenses - rules 43‑1‑120
Bicycle and pedestrian policy - codification - legislative declaration 43‑1‑121
Interstate 70 mountain corridor - recommendation regarding short-term mobility solutions 43‑1‑122
Removal of graffiti from departmental facilities - memorandums of understanding 43‑1‑123
Project closure and project reporting requirements 43‑1‑124
Study of transportation commission districts 43‑1‑125
Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition 43‑1‑126
Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle 43‑1‑127
Registration of carpooling service internet applications - limitations - disclosure - definitions 43‑1‑128
Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions 43‑1‑129
Road usage charge study - report - repeal 43‑1‑130
Autonomous motor vehicles study - report - repeal 43‑1‑131
Transportation planning study - report - rules 43‑1‑201
Short title 43‑1‑202
Public highways or roads 43‑1‑202.5
Public rights in roads - transfer of right-of-way 43‑1‑202.7
Recording of documents vacating or abandoning a roadway 43‑1‑203
Definitions 43‑1‑204
State highway 43‑1‑205
Offices 43‑1‑207
Petition for acceptance of road as state highway 43‑1‑208
State highway - damages - eminent domain 43‑1‑209
Subsurface support deemed acquired 43‑1‑210
Acquisition and disposition of property - department of transportation renovation fund 43‑1‑210.5
Rights-of-way use by adjacent landowners 43‑1‑211
Department to acquire land - buildings 43‑1‑212
Department - rental agreements 43‑1‑213
Fees and taxes - not reduced 43‑1‑214
Property exempt from taxation 43‑1‑215
Agreements enforceable 43‑1‑216
Notices and tenders by mail 43‑1‑217
Inclusion of streets in highways 43‑1‑218
State and school lands 43‑1‑219
State highway fund - created - state supplementary fund - created 43‑1‑220
Sources of funds - assumption of obligations 43‑1‑221
Proceeds from sale of bonds 43‑1‑222
Cash available for small payments 43‑1‑223
Supervision of construction 43‑1‑224
Cooperation with federal departments 43‑1‑225
Power of transportation commission - relocation of utility facilities - payment of cost 43‑1‑226
Legislative declaration 43‑1‑227
Ten-year plan reporting requirements 43‑1‑401
Short title 43‑1‑402
Legislative declaration 43‑1‑403
Definitions 43‑1‑404
Advertising devices allowed - exception - legislative declaration 43‑1‑405
Informational sites authorized 43‑1‑406
Bonus areas 43‑1‑407
Permits 43‑1‑408
Application for permit - contents - rules 43‑1‑409
Permit term - renewal - fees 43‑1‑410
Denial or revocation of permit or renewal 43‑1‑411
Issuance of permits prohibited - when 43‑1‑412
Notice of noncompliance - removal authorized 43‑1‑413
Nonconforming advertising devices 43‑1‑414
Removal of nonconforming devices 43‑1‑415
Administration and enforcement - authority for agreements - rules 43‑1‑416
Local control of outdoor advertising devices 43‑1‑417
Violation and penalty 43‑1‑418
Outdoor advertising program cost recovery center 43‑1‑419
Scenic byways - Independence pass scenic area highway 43‑1‑420
Specific information signs and tourist-oriented directional signs authorized - rules 43‑1‑501
Legislative declaration 43‑1‑502
Definitions 43‑1‑503
Permits required - exceptions 43‑1‑504
Permits issued - when 43‑1‑505
Permit fees - expiration - renewal 43‑1‑506
Regulations 43‑1‑507
Judicial review 43‑1‑508
Violations - penalties 43‑1‑509
Screening - removal of existing junkyards 43‑1‑601
Transportation services for the elderly and for persons with disabilities 43‑1‑602
Department to promulgate rules 43‑1‑603
Participation of political subdivisions 43‑1‑701
Public transportation projects in nonurbanized areas 43‑1‑702
Rules and regulations 43‑1‑801
State rail plan - administration and implementation - local rail service assistance 43‑1‑802
Financing 43‑1‑803
Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition 43‑1‑901
Transit planning 43‑1‑902
Rules and regulations 43‑1‑1001
Urban mass transportation grants 43‑1‑1002
Rules and regulations 43‑1‑1101
Legislative declaration 43‑1‑1102
Definitions 43‑1‑1103
Transportation planning 43‑1‑1104
Transportation advisory committee 43‑1‑1105
Metropolitan planning commissions 43‑1‑1201
Definitions 43‑1‑1202
Department powers - definition 43‑1‑1203
Unsolicited and comparable proposals 43‑1‑1204
Public-private initiative agreement - definition 43‑1‑1205
Revenue - disposition - use 43‑1‑1206
Rules 43‑1‑1207
Applicability - public highway use by public and private entities 43‑1‑1209
Notice of investment opportunities 43‑1‑1301
Legislative declaration - intent 43‑1‑1302
Definitions 43‑1‑1303
Duties of the executive director - TLRC approval - property eligible for acquisition 43‑1‑1304
Notice of rail line or right-of-way availability 43‑1‑1305
Acquisition for state rail bank 43‑1‑1306
Disposition of state rail bank property 43‑1‑1307
Powers and duties of the TLRC concerning state acquisition of abandoned railroad rights-of-way 43‑1‑1308
Recommendations and findings of the TLRC 43‑1‑1309
State rail bank fund - creation 43‑1‑1310
Effect of transfer of railroad rights-of-way 43‑1‑1311
Survey required - railroad track removal 43‑1‑1401
Legislative declaration 43‑1‑1402
Definitions 43‑1‑1403
Authority to use a design-build contract process 43‑1‑1404
Criteria 43‑1‑1405
Public notice procedures 43‑1‑1406
General procedures 43‑1‑1407
Stipulated fee 43‑1‑1408
Commission approval required 43‑1‑1409
Rule-making authority 43‑1‑1410
Utility relocation - legislative declaration 43‑1‑1411
Project specific utility relocation agreements 43‑1‑1412
Utility relocation delays 43‑1‑1501
Definitions 43‑1‑1502
Provision of retail and commercial goods and services at transfer facilities on department property 43‑1‑1503
Department transfer facilities - provision of retail and commercial goods and services 43‑1‑1504
Possessory interests in transfer facilities - taxation 43‑1‑1601
Safe routes to school program 43‑1‑1602
Federal funds 43‑1‑1603
Use of funds 43‑1‑1604
Rules
Green check means up to date. Up to date

Current through Fall 2024

§ 43-1-404’s source at colorado​.gov