For the purposes of this chapter, the following definitions shall apply:

"Commercial or industrial activities" means those activities generally recognized as commercial or industrial by zoning authorities in this Commonwealth, except that none of the following activities shall be considered commercial or industrial:

1. Outdoor advertising structures.

2. Agricultural, forestry, grazing, farming, and related activities including, but not limited to, wayside fresh produce stands.

3. Transient or temporary activities.

4. Activities not visible from the main-traveled way.

5. Activities more than 300 feet from the nearest edge of the right of way.

6. Activities conducted in a building principally used as a residence.

7. Railroad tracks and minor sidings.

"National highway system" means the federal-aid highway system described in subsection (b) of § 103 of Title 23, United States Code, and regulations adopted pursuant to that law, or as defined in § 33.2-1200 of the Code of Virginia.

"Unzoned commercial or industrial areas" means those areas on which there is located one or more permanent structures devoted to a business on industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 500 feet from and beyond the edge of such activity. Each side of the highway will be considered separately in applying this definition.

"Zoned commercial or industrial areas" means those areas which are reserved for business, commerce, or trade pursuant to a comprehensive state or local zoning ordinance or regulation. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway.

A. In zoned commercial and industrial areas where the locality has regulations governing the size, spacing and lighting of signs, such regulations shall control and govern when so certified to the appropriate federal authority by the commissioner.

B. In all other zoned and unzoned commercial and industrial areas, the criteria set forth in this part shall apply.

A. The maximum area for any advertisement shall be 1,200 square feet with a maximum height of 25 feet and maximum length of 60 feet, inclusive of any border and trim but excluding ornamental base or apron supports and other structural members.

B. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire advertisement.

C. A sign structure may contain one or two advertisements per facing, not to exceed the maximum area.

D. Double-faced structures will be permitted with the maximum area being allowed for each facing.

A. Interstate highway and freeways on the national highway or federal-aid primary systems.

1. No two structures shall be spaced less than 500 feet apart.

2. No structure may be located within 500 feet of an interchange, or intersection at grade, or rest area (measured along the interstate or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

B. Nonfreeway federal-aid primary or national highway system routes.

1. Outside of municipalities. No two structures shall be spaced less than 300 feet apart.

2. Inside municipalities. No two structures shall be spaced less than 100 feet apart.

C. Explanatory notes.

1. Official and "on premise" signs, as defined in § 131(c) of Title 23, United States Code, shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements.

2. The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.

Signs may be illuminated, subject to the following restrictions:

1. Signs which contain, include, or are illuminated by any flashing intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information.

2. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or primary highway and 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.

3. No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.

4. All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the Commonwealth.

Notwithstanding 24VAC30-120-20 A and 24VAC30-120-20 B, no signs, advertisements or advertising structures may be erected, maintained or displayed adjacent to interstate highways except:

1. In zoned commercial or industrial areas within the boundaries of incorporated municipalities as such boundaries existed on September 21, 1959.

2. In other areas zoned commercial or industrial as of September 21, 1959.

At any time that a locality adopts a comprehensive zoning ordinance which also controls outdoor advertising including size, lighting and spacing controls in zoned commercial and industrial areas, the regulation of signs under these rules and regulations shall be transferred from 24VAC30-120-20 B to 24VAC30-120-20 A when so certified to the appropriate federal authority by the commissioner. Upon the written request of such locality or any other interested party, the commissioner will review such certification request for compliance with this section.

At such time as the commissioner determines that such locality no longer has a comprehensive zoning ordinance which also controls outdoor advertising including size, lighting and spacing controls in zoned commercial and industrial areas, such certification shall be withdrawn and the regulation of signs under these rules and regulations shall be retransferred from 24VAC30-120-20 A to 24VAC30-120-20 B.

The following definitions 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 interstate, federal-aid primary and national highway systems, which are not erected on the highway right of way and which are visible from the main-traveled way of the system.

"Directional and other official signs and notices" means only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

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

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

"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.

"Freeway" means a divided arterial highway for through traffic with full control of access.

"Interstate system" means the national system of interstate and defense highways, described in § 103(e) of Title 23, United States Code.

"Maintain" means to allow to exist.

"Main-traveled way" means the through traffic lanes of the highway, exclusive of frontage roads, auxiliary lanes and ramps.

"National highway system" means the federal-aid highway system described in subsection (b) of § 103 of Title 23, United States Code, and regulations adopted pursuant to that law, or as defined in § 33.2-1200 of the Code of Virginia.

"Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with 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 may be considered official signs.

"Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

"Primary system" means the federal-aid highway system described in § 103(b) of Title 23, United States Code.

"Public service signs" means signs located on school bus stop shelters, which:

1. Identify the donor, sponsor, or contributor of said shelter;

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

3. Contain no other message;

4. Are located on school bus shelters which 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

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

"Public utility signs" means warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.

"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.

"Scenic area" means any area of particular scenic beauty or historical significance as determined by the federal, state, or local officials having jurisdiction thereof, and includes interests in land which has been acquired for the restoration, preservation, and enhancement of scenic beauty.

"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 services, which signs do not exceed eight square feet in area.

"Sign" means an outdoor sign, light, display device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main-traveled way of the interstate or federal-aid primary highway.

"Single route" means one numbered highway or a combination of numbered highways affording a means of reaching an advertised activity from any one point.

"State" means any one of the 50 states, the District of Columbia, or Puerto Rico.

"Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

The following signs are prohibited:

1. 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.

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

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

4. Obsolete signs.

5. Signs which are structurally unsafe or in disrepair.

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

7. Signs located in rest area, parklands or scenic areas.

8. Signs that identify ancillary sites, areas, features or activities.

A. No sign shall exceed the following limits:

1. Maximum area -- 150 square feet

2. Maximum height -- 20 feet.

3. Maximum length -- 20 feet.

B. All dimensions include border and trim, but exclude supports.

Signs may be illuminated, subject to the following:

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

2. 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.

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

A. Each location of a sign must be approved by the state Department of Transportation.

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

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

D. 1. No two signs facing the same direction of travel shall be spaced less than one mile apart;

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

3. Signs located adjacent to the interstate system shall be within 75 air miles of the activity; and

4. Signs located adjacent to the primary system shall be within 50 air miles of the activity.

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

The Commissioner of Highways, under § 33.2-1201 of the Code of Virginia, has the duty to administer and enforce provisions of Chapter 12 (§ 33.2-1200 et seq.) of Title 33.2 of the Code of Virginia. The board and the Commissioner of Highways recognize that there are other state agencies which have as their primary purpose the control and administration of the type of specific unique phenomena or site, for which a directional sign application may be made, that have valuable experience and knowledge in the matters contained in the definition of "directional signs." Therefore, the following state agencies are hereby recognized for the purpose of making recommendations whether a site, area, agency, or phenomena falls within the definition of "directional signs" set forth in 24VAC30-120-80:

Department of Conservation and Recreation

Department of Historic Resources

The Library of Virginia

The recommendations must be based upon criteria presently utilized or hereinafter adopted by one of these agencies.

After the recommendation is received the commissioner must employ the following standards in addition to those which appear elsewhere to ascertain whether a site, area, agency, or phenomena is eligible for directional signs.

1. That publicly or privately owned activities or attractions eligible for directional signing are limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific, and religious sites; and areas naturally suited for outdoor recreation.

2. Any of the above must be nationally or regionally known as determined by the commissioner.

3. Any of the above must be of outstanding interest to the traveling public as determined by the Commissioner of Highways.

The area, site, agency, or phenomena seeking to qualify for "directional signs" shall be the principal area, site, agency, or phenomena which would appear on proposed sign and not ancillary to the message which would appear on the sign.

The commissioner shall make the final determination whether a site, area, agency or phenomena is eligible for directional signs. The signs must conform to the requirements and standards set out herein in Part II (24VAC30-120-80 et seq.).

The original text of Part III pertains to traffic signs and other markers, which are exempt from the Administrative Process Act. The department has filed a replacement to this part as VR 385-01-63 ("Supplemental Signing Criteria") to comply with provisions of the Virginia Register Act (§ 2.2-4100 et seq. of the Code of Virginia). This document is available for inspection at the Department of Transportation, in the Office of Public Affairs in the Department's principal office at 1401 East Broad Street, Richmond, VA 23219.

Part IV
Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures

The definitions set out in § 33.2-1200 of the Code of Virginia and the following definitions shall apply:

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

"Nonconforming sign" means one which was lawfully erected but which does not comply with the provisions of state law or state regulations passed at a later date or which later fails to comply with state law or state regulations due to changed conditions.

An example of changed conditions would be a sign or advertisement lawfully in existence in a commercial area which at a later date becomes noncommercial and thus required to be protected, or a sign or advertisement lawfully erected on a federal-aid secondary highway later upgraded to a federal-aid primary highway. Illegally erected or maintained signs or advertisements are not nonconforming signs.

"Nonconforming sign - grandfather clause" means a sign lawfully in existence on certain dates or as specified in the state-federal agreement erected in a commercial or industrial area which does not conform to size, lighting, or spacing criteria.

A. To be classified as a nonconforming sign or structure, such sign or structure must have been in lawful existence on the effective date of the state law or regulation or changed condition and must continue to be lawfully maintained.

B. To be allowed to continue as nonconforming, a sign or structure must remain substantially unchanged from its condition as of the effective date of the state law or regulations or changed condition.

1. Replacement, extension, or enlargement of the sign or structure is a substantial change in the existing use.

2. The change of location or height of such sign or structure is a substantial change in the existing use.

3. A change of the message content is not a substantial change in existing use. In the event a sign has been blank for a period of 18 consecutive months, the owner will be given written notice of 120 days to display a message on or remove such sign structure. In the event a message is not displayed on the sign structure within 120 days from the postdate of the aforementioned written notice, the permit shall be cancelled.

4. Rebuilding, or re-erecting the sign or structure, is a substantial change in existing use if such rebuilding, or re-erection expenses exceed 50% of the current replacement cost new of the entire sign or structure.

EXCEPTION:

If it can be demonstrated to the satisfaction of the commissioner that a nonconforming sign or structure has been vandalized or subject to other criminal or tortious act, then the replacement, rebuilding, or re-erecting of such sign or structure will not be considered a substantial change in existing use irrespective of the cost of such replacement; however, it will be considered a substantial change in existing use if damage to nonconforming signs or structures is caused by natural disasters, hurricanes, high winds, hail, or the like, and such damage exceeds 50% of the current replacement cost new of the entire sign or structure. In the event vandalism and an act of God combine to damage a nonconforming sign or structure, the commissioner shall determine the percentage allocated to each cause of damage before determining whether a substantial change in existing use has occurred.

5. Normal upkeep and repair of such sign or structure on a frequent basis, to the extent that the total cost of such repairs in the 12-month period would not exceed 50% of the current replacement cost new of the entire sign or structure, is not a substantial change in existing use.

C. In reaching a determination on the cost point in subdivisions B 4 and B 5 of this section the following will apply:

1. The sign owner shall furnish the commissioner cost data supporting any contention that such sign or structure is not damaged more than 50% of the current replacement cost new.

2. The commissioner may also utilize any other data available to him.

3. A sign or advertising structure lawfully in existence under the "Grandfather Clause" (see 24VAC30-120-160, Definitions) must conform to the criteria set out herein.

4. Certain standard maintenance practices and techniques utilized by the industry relating to how repairs are accomplished may be individually approved, in which case nonconforming rights shall not be terminated.

5. A nonconforming sign or structure that does not conform to the foregoing criteria shall constitute a substantial change in existing use thereby terminating nonconforming rights and legal status.

D. Once the sign owner has submitted the data per subsection C of this section, the commissioner, per §§ 33.2-1201 and 33.2-1219 of the Code of Virginia, shall make a determination whether the cost of the requested or required repairs exceeds 50% of the current replacement cost new of the entire billboard or structure. The determination shall be communicated to the sign owner and the building official of the locality. The sign owner is required to apply for a building permit from the locality before repairs can be commenced. If the building official of the locality objects to the commissioner's determination, for good cause shown, he may submit the objection to the commissioner, with a copy to the sign owner, within 30 days of the building permit application by the sign owner. Upon receipt of the objection the commissioner, per §§ 33.2-1201 and 33.2-1219 of the Code of Virginia, shall consider the documentation submitted by the building official and reissue a determination, which shall be binding upon the locality.

The right to continue a nonconforming sign, advertisement, or advertising structure is not confined to its owner or any one individual or corporation so using the land. Thus, a nonconforming sign, advertisement, or advertising structure may be sold, leased or otherwise transferred without affecting its status.

The owner is responsible for the maintenance and continuance of a sign, advertisement, or advertising structure in conformity with the foregoing, which is not construed to relieve owner of such responsibility, nor to waive applicable provisions of the Code of Virginia relating to outdoor advertising including, but not limited to, §§ 33.2-1200, 33.2-1211, 33.2-1216, 33.2-1217, 33.2-1220, and 33.2-1227 of the Code of Virginia.

Application for Outdoor Advertising Permit OA-105A (rev. 2/2024)

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

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

"Maintain" means to allow to exist.

"Main-traveled way" means the through traffic lanes of the highway, exclusive of frontage roads, auxiliary lanes, and ramps.

"Nonconforming sign" means one that was lawfully erected but that does not comply with the provisions of state law or state regulation passed at a later date, or that later fails to comply with state law or state regulation due to changed conditions. An example of changed conditions would be a sign or advertisement lawfully in existence in a commercial area that at a later date becomes noncommercial and thus is required to be protected. Illegally erected or maintained signs or advertisements are not nonconforming signs.

"Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge, or historic site.

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

The sign owner is responsible for the maintenance and continuance of a sign, advertisement, or advertising structure in conformity with this chapter. Compliance with this chapter does not relieve the owner of complying with, nor does it waive, the applicable provisions of the Code of Virginia relating to outdoor advertising.

The following signs are prohibited:

1. 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.

2. Signs that obscure or interfere with the effectiveness of an official traffic sign, signal, or device, or that obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

3. Signs that are structurally unsafe or in disrepair.

4. Signs that move or have any animated or moving parts.

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

Signs may be illuminated subject to §33.2-1216 (2) of the Code of Virginia. Signs that are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways under the jurisdiction of the Commissioner of Highways, that are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or that otherwise interfere with any driver's operation of a motor vehicle are prohibited.

A. Zoned commercial or industrial areas are areas reserved for business, commerce, or trade pursuant to a comprehensive zoning ordinance or regulation.

Unzoned commercial or industrial areas are those areas for which there is no zoning ordinance and on which one or more permanent structures devoted to a business or industrial activity is located or a commercial or industrial activity is conducted. Unzoned commercial or industrial areas include the areas along a highway extending outward 500 feet from and beyond the edge of such commercial or industrial activity. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway. Each side of the highway shall be considered separately.

The following activities and structures are not considered commercial or industrial:

1. Outdoor advertising structures.

2. Agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands.

3. Transient or temporary activities.

4. Activities not visible from the main-traveled way.

5. Activities more than 300 feet from the nearest edge of the right of way.

6. Activities conducted in a building principally used as a residence.

7. Railroad tracks and minor sidings.

B. In zoned commercial or industrial areas where the locality has regulations governing the size, spacing, and lighting of signs, such regulations shall control and govern when so certified to the appropriate federal authority by the Commissioner of Highways.

C. In all other zoned and unzoned commercial or industrial areas, the criteria set forth in this part shall apply.

Notwithstanding 24VAC30-122-50 B and 24VAC30-122-50 C, signs, advertisements, or advertising structures may not be erected, maintained, or displayed adjacent to interstate highways except:

1. In zoned commercial or industrial areas within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959; or

2. In all other areas zoned commercial or industrial as of September 21, 1959.

When a locality adopts a comprehensive zoning ordinance that also controls outdoor advertising, including size, spacing, and lighting controls in zoned commercial or industrial areas, the regulation of signs under part I of this chapter shall be transferred from 24VAC30-122-50 C to 24VAC30-122-50 B when certified to the appropriate federal authority by the Commissioner of Highways. Upon the written request of the locality, the Commissioner of Highways will review the certification request for compliance with this section.

At such time as the Commissioner of Highways determines that a locality no longer has a comprehensive zoning ordinance that also controls outdoor advertising, including size, spacing, and lighting controls in zoned commercial or industrial areas, the certification shall be withdrawn and the regulation of signs under part I of this chapter shall be re-transferred from 24VAC30-122-50 B to 24VAC30-122-50 C.

A. The maximum area for any advertisement shall be 1,200 square feet with a maximum height of 25 feet and a maximum length of 60 feet, inclusive of any border trim but excluding ornamental base or apron supports and other structural members.

B. The area shall be measured by the smallest regular shapes that will encompass the entire advertisement.

C. A sign structure may contain one or two advertisements per facing, each facing not to exceed 1,200 square feet.

D. Double-faced structures will be permitted with the maximum area being allowed for each facing.

A. On interstate highways and freeways on the National Highway System or Federal-Aid Primary system:

1. Structures shall be spaced at least 500 feet apart.

2. Structures may not be located within 500 feet of an interchange, intersection, or rest area (measured along the interstate or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way).

B. On non-freeway Federal Aid Primary or National Highway System routes:

1. Outside of municipalities, structures shall be spaced at least 300 feet apart.

2. Inside municipalities, structures shall be placed at least 100 feet apart.

C. Official signs, as defined in § 131(c) of Title 23, United States Code, and on-premise signs may not be counted nor may measurements be made from them for the purposes of determining compliance with spacing requirements.

D. The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.

A. Directional signs are signs containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. Directional signs may be erected and maintained off highway right of way but within 660 feet of the nearest edge of the right of way of interstate, Federal-Aid Primary, and National Highway Systems, where they may be visible from the main-traveled way of the highway system.

B. The message on a directional sign shall be limited to the identification of the approved site, area, feature, or activity, and directional information useful to the traveler in locating the site, area, feature, or activity, such as mileage, route number, or exit number. Descriptive words or phrases on pictorial or photographic representations of the activity or its environs are prohibited.

C. Official signs and notices are signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction in accordance with 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 non-profit historical societies may be considered official signs.

In addition to those criteria which appear elsewhere in state or federal law or regulation, the Commissioner of Highways shall ascertain whether a site, area, agency, or phenomena is eligible for directional signs by determining that the publicly or privately owned activities or attractions eligible for directional signing are limited to those specified in 24VAC30-122-100 A, are nationally or regionally known, and are of outstanding interest to the traveling public. The area, site, agency, or phenomena seeking to qualify for directional signs shall be the principal area, site, agency, or phenomena which would appear on the proposed sign and not ancillary to the message that would appear on the sign.

The Commissioner of Highways shall make the final determination whether a site, area, agency, or phenomena is eligible for directional signs.

Signs that identify ancillary sites, areas, features, or activities are prohibited. Signs that are erected or maintained upon trees or painted or drawn upon rocks or other natural features are prohibited.

A. Directional and other official signs and notices may not exceed the following limits:

1. Maximum area: 150 square feet.

2. Maximum height: 20 feet.

3. Maximum length: 20 feet.

B. All dimensions include border and trim but exclude supports.

A. Each location of a directional or other official sign must be approved by the Commissioner of Highways.

B. Signs may not be located within 2,000 feet of an interchange or intersection along the interstate system or other freeways, measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.

C. Signs may not be located within 2,000 feet of a rest area, parkland, or scenic area.

D. The following spacing requirements apply to route signing:

1. Two signs facing the same direction of travel may not be spaced less than one mile apart;

2. No more than three signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

3. Signs located adjacent to the interstate system shall be within 75 air miles of the activity; and

4. Signs located adjacent to the primary system shall be within 50 air miles of the activity.

A. To be classified as a nonconforming sign or structure, the sign or structure must have been in lawful existence on the effective date of the state law, regulation, local ordinance, or changed condition which caused the sign to be nonconforming and must continue to be lawfully maintained.

B. To be allowed to continue as nonconforming, a sign or structure must remain substantially unchanged from its condition as of the effective date of the state law, regulation, local ordinance, or changed condition which caused the sign to be nonconforming.

1. Substantial changes in existing condition include:

a. Replacement, extension, or enlargement of the sign or structure;

b. Change in the location or height of such sign or structure; or

c. Rebuilding or re-erecting the sign or structure if such rebuilding or re-erection expenses exceed 50% of the current replacement cost new of the entire sign or structure. If it can be demonstrated to the satisfaction of the Commissioner of Highways that a nonconforming sign or structure has been vandalized or subject to other criminal or tortious acts, then the replacement, rebuilding, or re-erecting of such sign or structure will not be considered a substantial change in existing condition irrespective of the cost of such replacement; however, it will be considered a substantial change in existing condition if damage to nonconforming signs or structures is caused by natural disasters, hurricanes, high winds, hail, or similar causes, and such damage exceeds 50% of the current replacement cost new of the entire sign or structure. In the event vandalism and an act of God combine to damage a nonconforming sign or structure, the Commissioner of Highways shall determine the percentage allocated to each cause of damage before determining whether a substantial change in existing condition has occurred.

2. Substantial changes in existing condition do not include:

a. Normal upkeep and repair of such sign or structure on a frequent basis, to the extent that the total cost of such repairs in the 12-month period would not exceed 50% of the current replacement cost new of the entire sign or structure; or

b. A change of the message content. In the event a sign has been blank for a period of 24 consecutive months, the owner will be given written notice of 30 days to display a message on or remove the sign structure. In the event a message is not displayed on the sign structure within 30 days from the postdate of the written notice, the permit shall be revoked.

C. In reaching a determination on the cost point in subdivisions B 1 c and B 2 a of this section, the following apply:

1. The sign owner shall furnish the Commissioner of Highways cost data supporting any contention that such sign or structure is not damaged more than 50% of the current replacement cost new.

2. The Commissioner of Highways may also utilize any other available data.

3. The sign structure must be in place at its original location until the Commissioner of Highways' determination is made.

D. Once the sign owner has submitted the data as required in subdivision C 1 of this section, the Commissioner of Highways, in accordance with §§ 33.2-1201 and 33.2-1219 of the Code of Virginia, shall make a determination whether the cost of the requested or required repairs exceeds 50% of the current replacement cost new of the entire sign or structure. The determination shall be communicated to the sign owner and the building official of the locality. The sign owner is required to apply for a building permit from the locality before repairs can commence. If the building official of the locality objects to the Commissioner of Highways' determination, for good cause shown, the building official may submit the objection to the Commissioner of Highways, with a copy to the sign owner, within 30 days of the building permit application by the sign owner. Upon receipt of the objection, the Commissioner of Highways, in accordance with §§ 33.2-1201 and 33.2-1219 of the Code of Virginia, shall consider the documentation submitted by the building official and reissue a determination, which shall be binding on the locality.

E. A nonconforming sign or structure that does not conform to the criteria in subsection B of this section shall constitute a substantial change in existing use, thereby terminating nonconforming rights and legal status.

A nonconforming sign, advertisement, or advertising structure may be sold, leased, or otherwise transferred without affecting its status.

Application for Outdoor Advertising Permit, OA-105A (rev. 12/2025)