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Advertising Device Control History

Ohio entered into an agreement effective July 1, 1961 with the Federal government for carrying out the National Policy relative to advertising adjacent to the National System of Interstate and defense highways. Under this agreement, Ohio was to receive bonus payments for maintaining effective control. Ohio became one of 25 bonus states. Later, two states; North Carolina and Georgia declined their bonus status and returned all moneys received from the Federal Highway Administration.

The Highway Beautification Act was enacted in 1965. This Federal Legislation required all states to maintain effective control of all outdoor advertising. In 1968 the State of Ohio signed an agreement with the Federal Government for maintaining effective control along interstates and federal aid primary highways. This agreement also established criteria for size, lighting, and spacing of signs, displays, and devices consistent with customary use, which may be erected and maintained within 660 feet of the nearest edge of the right of way. This agreement tied 10% of Ohio's transportation funding to the effective control of Outdoor Advertising.

Chapter 5516 of the Ohio Revised Code was enacted by Amended Substitute Senate Bill 361, effective December 7, 1971. A change in wording from Department of Highways to Department of Transportation was enacted by Amended House Bill 200, effective September 28, 1973. An extension of controls from 660 feet to 3,000 feet was enacted by Amended Senate Bill 221, effective November 28, 1975. This 1975 legislation created Chapter 5516.061. An exemption for landmark signs was enacted by Amended Senate Bill 259, effective August 24, 1977, and provision for payment of just compensation for advertising devices removed due to local ordinances was enacted by Amended House Bill 1031, effective August 22, 1980. Substitute House Bill 714, effective June 26, 1986 authorized the logo sign test program. As a result, several of the existing sections of the code were renumbered or relettered to accommodate the new Subsection 5516.02(B). Substitute House Bill 428, effective December 23, 1986 made several word corrections and United States Code references to the existing law. This substitute House Bill also removed language pertaining to the Logo Sign test program in Ohio Revised Code 5516.02. All language pertaining to the Ohio Logo program is now contained in Ohio Revised Code 4511.101.

The Intermodal Surface Transportation Efficiency Act (ISTEA) was passed December 18, 1991. This Federal Legislation reaffirmed the importance of maintaining effective control of outdoor advertising or lose 10% of Ohio's transportation funding. This legislation also stated that no new advertising device permits were to be granted along highways designated as Scenic byways. Ohio's program underwent a dramatic shift and devoted more resources to regulation of outdoor advertising.

Chapter 5516 of the Ohio Revised Code was changed by enacting amended House Bill 154 (The Ohio Department of Transportation Budget Bill) which was passed July 31, 1993. The changes included Section 5516.01 Subsection (A) (Definitions) which added wording to further define an "advertising device." Section 5516.06 added wording for clarification purposes. Both sections were updated to more closely match wording in the 1968 agreement. Section 5516.10 was divided into (3) subsections, (A), (B), (C) of which subsection (B) added wording to exempt directional/official advertising devices from fees charged by the Director of Transportation. Lettering and assorted restructuring to 5516 in general also occurred at this time to coincide with the previous changes enacted by substitute House Bill 714 in 1986.