NRS410.330. Agreement with Secretary of Transportation; regulations governing permits for outdoor advertising and submission of requests for retention of nonconforming signs.

  The Board shall:

      1.  Enter into the agreement with the Secretary of Transportation provided for by 23 U.S.C. § 131(d), setting forth the criteria governing unzoned commercial or industrial areas and the spacing, size and lighting of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of NRS 410.320. The criteria must be consistent with customary use in the outdoor advertising industry in this state insofar as such customary use is consonant with the objectives of the Legislature as declared in NRS 410.220 to 410.410, inclusive.

      2.  Prescribe regulations governing the issuance of permits by the Director for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of NRS 410.320. The regulations must be consistent with the criteria governing size, lighting and spacing of outdoor advertising as established by agreement between the Secretary of Transportation and the Board pursuant to subsection 1 of this section.

      3.  Prescribe regulations governing the issuance of permits by the Director for the erection and maintenance of outdoor advertising coming within the exception contained in subsection 1 of NRS 410.320. The regulations must be consistent with the national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131(c)(1).

      4.  Prescribe regulations governing the submission to the Director of any declaration, resolution, certified copy of an ordinance or other direction from the governing body of a county, city or other governmental agency that removal of signs which provide directional information about goods and services in the interest of the traveling public would cause an economic hardship in a specifically defined area. Any such declaration, resolution or ordinance must request the retention of the signs in the defined hardship area. Upon receipt of a declaration, resolution or ordinance, the Director shall forward it to the Secretary of Transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. § 131(o) and shall comply with the regulations of the Federal Highway Administration relating to applications for such exemptions. The regulations must provide that any local governing body submitting a request for exemption must perform the economic studies required by federal and state regulations to support the finding of economic hardship in the defined area, and submit the results of the studies to the director. This subsection does not apply to any highway which is a part of the interstate or primary highway system if such application would prevent this state from receiving federal funds or would result in sanctions against this state for noncompliance under 23 U.S.C. § 131.

      (Added to NRS by 1971, 1327; A 1977, 566; 1979, 1785; 1989, 1311)