​Local Governments and Outdoor Advertising

The municipal government has a significant role in the outdoor advertising control within its community. A sign will not be permitted by PennDOT if it does not receive local approval first. After verifying local approval, the Department then checks whether all the information in an application complies with the Outdoor Advertising Control Act of 1971 before issuing a permit.

The local municipality is often a prospective sign owner's first step in the placement process when applying for building and zoning permits. This first contact is an opportunity to highlight the owner's responsibilities under State law and regulations, such as the need for a PennDOT permit for off-premise devices along controlled State highways, the prohibition against flashing lights and full-motion video displays, the prohibition against sign placement in the State right-of-way, and the availability of PennDOT resources and contacts to assist with the sign permitting process.

Of particular relevance to municipalities are the requirements for Gateway Signs and temporary event signs. See the Outdoor Advertising Control Outreach Guide in the useful links section of this page and the additional resources provided below for more information. 

Resources

The following documents are reference resources available for public use regarding outdoor advertising:

Signs that welcome drivers to a municipality (also called "Welcome To" signs) fall under certain regulations by State and Federal law if the signs stand within highway right-of-way or along an interstate or a highway on the enhanced National Highway System. To maintain the traveling safety of the roadway and to meet Federal and State requirements, the Pennsylvania Department of Transportation (PennDOT) actively conducts surveillance and governance of outdoor advertising devices (OADs) on these routes.

Right-of-way is real property rights obtained for a transportation-related facility or project funded under Title 23 of the United States Code. A Gateway Sign can only be in this land area if it meets the size, manufacturing, spacing, and content requirements detailed in PennDOT's Publication 46, Chapter 2, and the installation requirements in Publication 111.

On highways controlled by PennDOT according to the Outdoor Advertising Control Act of 1971 (referred to as "controlled routes"), a Gateway Sign may stand if it is considered "on-premise" according to Pennsylvania's 67 Pa. Code Section 445.5 or if an approved outdoor advertising permit is received from PennDOT. In brief, an on-premise sign is located on the same premises as what is being advertised (i.e., on municipal land or land the municipality has a vested interest in [by a deed, easement, lease, etc.]) and does not advertise any other activity. Otherwise, the sign is "off-premise" and must be permitted. See the text of the law for the specifics of what is considered on and off the premises.

The interactive map of PennDOT's Highway Beautification Management System (HBMS) can be used to determine if the roadway into your municipality is a controlled route: gis.penndot.gov/HBMS.

​Typically, only official traffic control devices are allowed within the highway right-of-way. However, exceptions can be made for temporary signs for special events when certain requirements are met.

The municipality hosting the event must pass a formal resolution accepting all responsibility for the sign, including any unintended harm that could result. Requirements for the resolution are that:

  • It states the sign's intended location, size, message, organization, and time period it will be displayed;
  • The event is nonprofit; and
  • No more than 20% of the sign's message is related to a commercial product.

Publication 46 and the Guidebook for County and Municipal Officials contain the full details of the requirements for a municipal resolution.

A resolution, and any questions related to banners and event signs, must be submitted to the PennDOT District Office. To see which counties are within each District, please click the link on the side of this page for District Office contacts. Other questions about outdoor advertising control (OAC) may be directed to the OAC Manager from your local PennDOT District Office.