{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/33.2-1200.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/33.2-1200.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/33.2-1200.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/33.2-1200.html"}],"law_id":359809,"edition_id":2,"section_id":359809,"structure_id":51483,"section_number":"33.2-1200","catch_line":"Policy; definitions","history":"Code 1950, \u00a7\u00a7 33-298, 33-310; 1954, c. 588; 1960, c. 406; 1962, c. 176; 1966, c. 663; 1970, c. 322, \u00a7\u00a7 33.1-351, 33.1-363; 1976, c. 14; 1980, c. 275; 1984, c. 750; 1993, c. 538; 1996, c. 777; 2000, cc. 432, 449; 2002, c. 672; 2012, c. 145; 2013, c. 127; 2014, c. 805.","full_text":"A\n\nIn order to promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways within the Commonwealth, attract tourists and promote the prosperity, economic well-being, and general welfare of the Commonwealth, and preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, the General Assembly declares it to be the policy of the Commonwealth that the erection and maintenance of outdoor advertising in areas adjacent to the rights-of-way of the highways within the Commonwealth shall be regulated in accordance with the terms of this article and regulations promulgated by the Board pursuant thereto.\n\nB\n\nAs used in this article, unless the context requires a different meaning:\n\t\t\t&#8220;Advertisement&#8221; means any writing, printing, picture, painting, display, emblem, drawing, sign, or similar device that is posted or displayed outdoors on real property and is intended to invite or to draw the attention of or solicit the patronage or support of the public to any goods, merchandise, real or personal property, business, services, entertainment, or amusement manufactured, produced, bought, sold, conducted, furnished, or dealt in by any person. &#8220;Advertisement&#8221; includes any part of an advertisement recognizable as such.\n\n\t\t\t&#8220;Advertising structure&#8221; means any rigid or semirigid material, with or without any advertisement displayed thereon, situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed.\n\n\t\t\t&#8220;Area of an advertising structure&#8221; means the area determined from its outside measurements, excluding as a part thereof the height and overall width of supports and supporting structure and any other portion or portions thereof beneath the normal area upon which an advertisement is posted or intended to be posted.\n\n\t\t\t&#8220;Billboard sign&#8221; means any sign, advertisement, or advertising structure as defined in this section owned by a person, firm, or corporation in the business of outdoor advertising.\n\n\t\t\t&#8220;Business of outdoor advertising&#8221; means the erection, use, or maintenance of advertising structures or the posting or display of outdoor advertisements by any person who receives profit gained from rentals or any other compensation from any other person for the use or maintenance of such advertising structures or the posting or display of such advertisements, except reasonable compensation for materials and labor used or furnished in the actual erection of advertising structures or the actual posting of advertisements. &#8220;Business of outdoor advertising&#8221; does not include the leasing or rental of advertising structures or advertisements used to advertise products, services, or entertainment sold or provided on the premises where the advertising structures or advertisement is located.\n\n\t\t\t&#8220;Centerline of the highway&#8221; means a line equidistant from the edges of the median separating the main traveled ways of a divided highway or the centerline of the main traveled way of a nondivided highway.\n\n\t\t\t&#8220;Distance from edge of a right-of-way&#8221; means the horizontal distance measured along a line normal or perpendicular to the centerline of the highway.\n\n\t\t\t&#8220;Federal-aid primary highway&#8221; means any highway within that portion of the primary state highway system as established and maintained under Article 2 (&#xA7; 33.2-310 et seq.) of Chapter 3, including extensions of such system within municipalities, that has been approved by the Secretary of Transportation pursuant to 23 U.S.C. &#xA7; 103(b), as that system existed on June 1, 1991.\n\n\t\t\t&#8220;Highway&#8221; means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth.\n\n\t\t\t&#8220;Historic place, museum, or shrine&#8221; includes only places that are maintained wholly at public expense or by a nonprofit organization.\n\n\t\t\t&#8220;Information center&#8221; means an area or site established and maintained at rest areas for the purpose of informing the public of places of interest within the Commonwealth and providing such other information as the Commonwealth may consider desirable.\n\n\t\t\t&#8220;Interchange&#8221; means a grade separated intersection with one or more turning roadways for travel between intersection legs, or an intersection at grade, where two or more highways join or cross.\n\n\t\t\t&#8220;Lawfully erected&#8221; means any sign that was erected pursuant to the issuance of a permit from the Commissioner of Highways under &#xA7; 33.2-1208, unless the local governing body has evidence of noncompliance with ordinances in effect at the time the sign was erected.\n\n\t\t\t&#8220;Legible&#8221; means capable of being read without visual aid by a person of normal visual acuity.\n\n\t\t\t&#8220;Maintain&#8221; means to allow to exist.\n\n\t\t\t&#8220;Main traveled way&#8221; means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. &#8220;Main traveled way&#8221; does not include such facilities as frontage roads, turning roadways, or parking areas.\n\n\t\t\t&#8220;National Highway System&#8221; means the federal-aid highway system referenced in 23 U.S.C. &#xA7; 103(b), and regulations adopted pursuant thereto. For the purpose of this article, outdoor advertising controls on the National Highway System shall be implemented as those highways are designated and approved by congressional action or designation by the U.S. Secretary of Transportation and such designation and approval shall be kept on file in the central office of the Department of Transportation and placed in the minutes of the Commonwealth Transportation Board by the Commissioner of Highways. Prior to congressional approval or designation by the U.S. Secretary of Transportation, highways classified as National System of Interstate and Defense Highways, Dwight D. Eisenhower National System of Interstate and Defense Highways, Interstate System, or federal-aid primary highway as defined in this section shall be considered as the National Highway System.\n\n\t\t\t&#8220;Nonconforming sign,&#8221; &#8220;nonconforming advertisement,&#8221; or &#8220;nonconforming advertising structure&#8221; means one that was lawfully erected adjacent to any highway in the Commonwealth but that does not comply with the provisions of state law, state regulations, or ordinances adopted by local governing bodies passed at a later date or that later fails to comply with state law, state regulations, or ordinances adopted by local governing bodies due to changed conditions.\n\n\t\t\t&#8220;Person&#8221; includes an individual, partnership, association, or corporation.\n\n\t\t\t&#8220;Post&#8221; means post, display, print, paint, burn, nail, paste, or otherwise attach.\n\n\t\t\t&#8220;Real property&#8221; includes any property physically attached or annexed to real property in any manner whatsoever.\n\n\t\t\t&#8220;Rest area&#8221; means an area or site established and maintained within or adjacent to the right-of-way or under public supervision or control for the convenience of the traveling public.\n\n\t\t\t&#8220;Scenic area&#8221; means any public park or area of particular scenic beauty or historical significance designated as a scenic area by the Board.\n\n\t\t\t&#8220;Sign&#8221; means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any highway.\n\n\t\t\t&#8220;Trade name&#8221; includes a brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or services.\n\n\t\t\t&#8220;Traveled way&#8221; means the portion of a roadway for the movement of vehicles, exclusive of shoulders.\n\n\t\t\t&#8220;Turning roadway&#8221; means a connecting roadway for traffic turning between two intersection legs of an interchange.\n\n\t\t\t&#8220;Urban area&#8221; means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area within the Commonwealth, or an urban place.\n\n\t\t\t&#8220;Urbanized area&#8221; means an area so designated by the U.S. Census Bureau, within boundaries fixed by the Commissioner of Highways, in his discretion, in cooperation with the governing bodies of the localities affected and the appropriate federal authority. Such boundaries shall, at a minimum, encompass the entire urbanized area within a state as designated by the U.S. Census Bureau.\n\n\t\t\t&#8220;Urban place&#8221; means an area so designated by the U.S. Census Bureau having a population of 5,000 or more and not within any urbanized area, within boundaries fixed by the Commissioner of Highways, in his discretion, in cooperation with the governing bodies of the localities affected and the appropriate federal authority. Such boundaries shall, at a minimum, encompass the entire urban place designated by the U.S. Census Bureau.\n\n\t\t\t&#8220;Virginia byway&#8221; and &#8220;scenic highway&#8221; means those highways designated by the Board pursuant to &#xA7; 33.2-405. For the purposes of this article, a Virginia byway means a scenic byway as referenced in 23 U.S.C. &#xA7; 131(s).\n\n\t\t\t&#8220;Visible&#8221; means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.\n\n","order_by":null,"text":{"0":{"id":1338720,"text":"In order to promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways within the Commonwealth, attract tourists and promote the prosperity, economic well-being, and general welfare of the Commonwealth, and preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, the General Assembly declares it to be the policy of the Commonwealth that the erection and maintenance of outdoor advertising in areas adjacent to the rights-of-way of the highways within the Commonwealth shall be regulated in accordance with the terms of this article and regulations promulgated by the Board pursuant thereto.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1338721,"text":"As used in this article, unless the context requires a different meaning:\n\t\t\t&#8220;Advertisement&#8221; means any writing, printing, picture, painting, display, emblem, drawing, sign, or similar device that is posted or displayed outdoors on real property and is intended to invite or to draw the attention of or solicit the patronage or support of the public to any goods, merchandise, real or personal property, business, services, entertainment, or amusement manufactured, produced, bought, sold, conducted, furnished, or dealt in by any person. &#8220;Advertisement&#8221; includes any part of an advertisement recognizable as such.\t\t\t&#8220;Advertising structure&#8221; means any rigid or semirigid material, with or without any advertisement displayed thereon, situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed.\t\t\t&#8220;Area of an advertising structure&#8221; means the area determined from its outside measurements, excluding as a part thereof the height and overall width of supports and supporting structure and any other portion or portions thereof beneath the normal area upon which an advertisement is posted or intended to be posted.\t\t\t&#8220;Billboard sign&#8221; means any sign, advertisement, or advertising structure as defined in this section owned by a person, firm, or corporation in the business of outdoor advertising.\t\t\t&#8220;Business of outdoor advertising&#8221; means the erection, use, or maintenance of advertising structures or the posting or display of outdoor advertisements by any person who receives profit gained from rentals or any other compensation from any other person for the use or maintenance of such advertising structures or the posting or display of such advertisements, except reasonable compensation for materials and labor used or furnished in the actual erection of advertising structures or the actual posting of advertisements. &#8220;Business of outdoor advertising&#8221; does not include the leasing or rental of advertising structures or advertisements used to advertise products, services, or entertainment sold or provided on the premises where the advertising structures or advertisement is located.\t\t\t&#8220;Centerline of the highway&#8221; means a line equidistant from the edges of the median separating the main traveled ways of a divided highway or the centerline of the main traveled way of a nondivided highway.\t\t\t&#8220;Distance from edge of a right-of-way&#8221; means the horizontal distance measured along a line normal or perpendicular to the centerline of the highway.\t\t\t&#8220;Federal-aid primary highway&#8221; means any highway within that portion of the primary state highway system as established and maintained under Article 2 (&#xA7; 33.2-310 et seq.) of Chapter 3, including extensions of such system within municipalities, that has been approved by the Secretary of Transportation pursuant to 23 U.S.C. &#xA7; 103(b), as that system existed on June 1, 1991.\t\t\t&#8220;Highway&#8221; means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth.\t\t\t&#8220;Historic place, museum, or shrine&#8221; includes only places that are maintained wholly at public expense or by a nonprofit organization.\t\t\t&#8220;Information center&#8221; means an area or site established and maintained at rest areas for the purpose of informing the public of places of interest within the Commonwealth and providing such other information as the Commonwealth may consider desirable.\t\t\t&#8220;Interchange&#8221; means a grade separated intersection with one or more turning roadways for travel between intersection legs, or an intersection at grade, where two or more highways join or cross.\t\t\t&#8220;Lawfully erected&#8221; means any sign that was erected pursuant to the issuance of a permit from the Commissioner of Highways under &#xA7; 33.2-1208, unless the local governing body has evidence of noncompliance with ordinances in effect at the time the sign was erected.\t\t\t&#8220;Legible&#8221; means capable of being read without visual aid by a person of normal visual acuity.\t\t\t&#8220;Maintain&#8221; means to allow to exist.\t\t\t&#8220;Main traveled way&#8221; means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. &#8220;Main traveled way&#8221; does not include such facilities as frontage roads, turning roadways, or parking areas.\t\t\t&#8220;National Highway System&#8221; means the federal-aid highway system referenced in 23 U.S.C. &#xA7; 103(b), and regulations adopted pursuant thereto. For the purpose of this article, outdoor advertising controls on the National Highway System shall be implemented as those highways are designated and approved by congressional action or designation by the U.S. Secretary of Transportation and such designation and approval shall be kept on file in the central office of the Department of Transportation and placed in the minutes of the Commonwealth Transportation Board by the Commissioner of Highways. Prior to congressional approval or designation by the U.S. Secretary of Transportation, highways classified as National System of Interstate and Defense Highways, Dwight D. Eisenhower National System of Interstate and Defense Highways, Interstate System, or federal-aid primary highway as defined in this section shall be considered as the National Highway System.\t\t\t&#8220;Nonconforming sign,&#8221; &#8220;nonconforming advertisement,&#8221; or &#8220;nonconforming advertising structure&#8221; means one that was lawfully erected adjacent to any highway in the Commonwealth but that does not comply with the provisions of state law, state regulations, or ordinances adopted by local governing bodies passed at a later date or that later fails to comply with state law, state regulations, or ordinances adopted by local governing bodies due to changed conditions.\t\t\t&#8220;Person&#8221; includes an individual, partnership, association, or corporation.\t\t\t&#8220;Post&#8221; means post, display, print, paint, burn, nail, paste, or otherwise attach.\t\t\t&#8220;Real property&#8221; includes any property physically attached or annexed to real property in any manner whatsoever.\t\t\t&#8220;Rest area&#8221; means an area or site established and maintained within or adjacent to the right-of-way or under public supervision or control for the convenience of the traveling public.\t\t\t&#8220;Scenic area&#8221; means any public park or area of particular scenic beauty or historical significance designated as a scenic area by the Board.\t\t\t&#8220;Sign&#8221; means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any highway.\t\t\t&#8220;Trade name&#8221; includes a brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or services.\t\t\t&#8220;Traveled way&#8221; means the portion of a roadway for the movement of vehicles, exclusive of shoulders.\t\t\t&#8220;Turning roadway&#8221; means a connecting roadway for traffic turning between two intersection legs of an interchange.\t\t\t&#8220;Urban area&#8221; means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area within the Commonwealth, or an urban place.\t\t\t&#8220;Urbanized area&#8221; means an area so designated by the U.S. Census Bureau, within boundaries fixed by the Commissioner of Highways, in his discretion, in cooperation with the governing bodies of the localities affected and the appropriate federal authority. Such boundaries shall, at a minimum, encompass the entire urbanized area within a state as designated by the U.S. Census Bureau.\t\t\t&#8220;Urban place&#8221; means an area so designated by the U.S. Census Bureau having a population of 5,000 or more and not within any urbanized area, within boundaries fixed by the Commissioner of Highways, in his discretion, in cooperation with the governing bodies of the localities affected and the appropriate federal authority. Such boundaries shall, at a minimum, encompass the entire urban place designated by the U.S. Census Bureau.\t\t\t&#8220;Virginia byway&#8221; and &#8220;scenic highway&#8221; means those highways designated by the Board pursuant to &#xA7; 33.2-405. For the purposes of this article, a Virginia byway means a scenic byway as referenced in 23 U.S.C. &#xA7; 131(s).\t\t\t&#8220;Visible&#8221; means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51483,"edition_id":2,"name":"General Policies and Regulations","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":51482,"metadata":{"child_laws":32,"child_structures":0},"date_created":"2026-08-02 02:42:48","date_modified":"2026-08-02 12:32:33","permalink":{"id":1432587,"object_type":"structure","relational_id":51483,"identifier":"1","token":"33.2\/II\/12\/1","url":"\/33.2\/II\/12\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51482,"edition_id":2,"name":"Outdoor Advertising in Sight of Public Highways","identifier":"12","label":"chapter","depth":3,"order_by":10,"parent_id":51475,"metadata":{"child_laws":35,"child_structures":2},"date_created":"2026-08-02 02:42:48","date_modified":"2026-08-02 12:32:33","permalink":{"id":1432585,"object_type":"structure","relational_id":51482,"identifier":"12","token":"33.2\/II\/12","url":"\/33.2\/II\/12\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51475,"edition_id":2,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":51472,"metadata":{"child_laws":263,"child_structures":30},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:30","permalink":{"id":1432371,"object_type":"structure","relational_id":51475,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51472,"edition_id":2,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":77,"parent_id":null,"metadata":{"child_laws":749,"child_structures":88},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:28","permalink":{"id":1431787,"object_type":"structure","relational_id":51472,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":359809,"structure_id":51483,"section_number":"33.2-1200","catch_line":"Policy; definitions","url":"\/33.2-1200\/","token":"33.2\/II\/12\/1\/33.2-1200","metadata":false},{"id":359810,"structure_id":51483,"section_number":"33.2-1201","catch_line":"Enforcement of provisions by Commissioner of Highways","url":"\/33.2-1201\/","token":"33.2\/II\/12\/1\/33.2-1201","metadata":false},{"id":359811,"structure_id":51483,"section_number":"33.2-1202","catch_line":"Territory to which article applies","url":"\/33.2-1202\/","token":"33.2\/II\/12\/1\/33.2-1202","metadata":{"court_decisions":""}},{"id":359812,"structure_id":51483,"section_number":"33.2-1203","catch_line":"Entry upon lands; hindering Commissioner of Highways or agent","url":"\/33.2-1203\/","token":"33.2\/II\/12\/1\/33.2-1203","metadata":false},{"id":359813,"structure_id":51483,"section_number":"33.2-1204","catch_line":"Excepted signs, advertisements, and advertising structures","url":"\/33.2-1204\/","token":"33.2\/II\/12\/1\/33.2-1204","metadata":{"court_decisions":{"0":{"name":" .\u202f.\u202f. Bruce & Tanya & Assocs., Inc. v. Bd. of Supervisors of .\u202f.\u202f. ","case_number":"1:17-cv-01155 (LMB\/TCB)","citation":"355 F. Supp. 3d 386","date":"2018-11-16","url":"https:\/\/www.courtlistener.com\/opinion\/7333812\/bruce-tanya-assocs-inc-v-bd-of-supervisors-of-fairfax-cnty\/","abstract":" .\u202f.\u202f. Leonie M. Brinkema, United States District Judge .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":359814,"structure_id":51483,"section_number":"33.2-1205","catch_line":"Repealed","url":"\/33.2-1205\/","token":"33.2\/II\/12\/1\/33.2-1205","metadata":false},{"id":359815,"structure_id":51483,"section_number":"33.2-1206","catch_line":"Repealed","url":"\/33.2-1206\/","token":"33.2\/II\/12\/1\/33.2-1206","metadata":false},{"id":359816,"structure_id":51483,"section_number":"33.2-1207","catch_line":"Repealed","url":"\/33.2-1207\/","token":"33.2\/II\/12\/1\/33.2-1207","metadata":false},{"id":359817,"structure_id":51483,"section_number":"33.2-1208","catch_line":"Permits required","url":"\/33.2-1208\/","token":"33.2\/II\/12\/1\/33.2-1208","metadata":false},{"id":359818,"structure_id":51483,"section_number":"33.2-1209","catch_line":"Applications for permits; fees","url":"\/33.2-1209\/","token":"33.2\/II\/12\/1\/33.2-1209","metadata":{"court_decisions":""}},{"id":359819,"structure_id":51483,"section_number":"33.2-1210","catch_line":"Duration and renewal of permit","url":"\/33.2-1210\/","token":"33.2\/II\/12\/1\/33.2-1210","metadata":{"court_decisions":""}},{"id":359820,"structure_id":51483,"section_number":"33.2-1211","catch_line":"Revocation of permit","url":"\/33.2-1211\/","token":"33.2\/II\/12\/1\/33.2-1211","metadata":false},{"id":359821,"structure_id":51483,"section_number":"33.2-1212","catch_line":"Temporary permit","url":"\/33.2-1212\/","token":"33.2\/II\/12\/1\/33.2-1212","metadata":false},{"id":359822,"structure_id":51483,"section_number":"33.2-1213","catch_line":"Appeal from refusal or revocation of permit","url":"\/33.2-1213\/","token":"33.2\/II\/12\/1\/33.2-1213","metadata":false},{"id":359823,"structure_id":51483,"section_number":"33.2-1214","catch_line":"Transfer of permits to successor concerns","url":"\/33.2-1214\/","token":"33.2\/II\/12\/1\/33.2-1214","metadata":{"court_decisions":""}},{"id":359824,"structure_id":51483,"section_number":"33.2-1215","catch_line":"Identification of advertising structure or advertisement","url":"\/33.2-1215\/","token":"33.2\/II\/12\/1\/33.2-1215","metadata":{"court_decisions":""}},{"id":359825,"structure_id":51483,"section_number":"33.2-1216","catch_line":"Certain advertisements or structures prohibited","url":"\/33.2-1216\/","token":"33.2\/II\/12\/1\/33.2-1216","metadata":false},{"id":359826,"structure_id":51483,"section_number":"33.2-1217","catch_line":"Special provisions pertaining to Interstate System, National Highway System, and federal-aid primary highways","url":"\/33.2-1217\/","token":"33.2\/II\/12\/1\/33.2-1217","metadata":{"court_decisions":""}},{"id":359827,"structure_id":51483,"section_number":"33.2-1218","catch_line":"Removal of billboard signs under this chapter prohibited without just compensation","url":"\/33.2-1218\/","token":"33.2\/II\/12\/1\/33.2-1218","metadata":false},{"id":359828,"structure_id":51483,"section_number":"33.2-1219","catch_line":"Maintenance and repair of nonconforming billboard signs","url":"\/33.2-1219\/","token":"33.2\/II\/12\/1\/33.2-1219","metadata":false},{"id":359829,"structure_id":51483,"section_number":"33.2-1220","catch_line":"Regulations and agreements with United States implementing \u00a7 33.2-1217","url":"\/33.2-1220\/","token":"33.2\/II\/12\/1\/33.2-1220","metadata":{"court_decisions":""}},{"id":359830,"structure_id":51483,"section_number":"33.2-1221","catch_line":"Selective pruning permits; fees; penalty","url":"\/33.2-1221\/","token":"33.2\/II\/12\/1\/33.2-1221","metadata":false},{"id":359831,"structure_id":51483,"section_number":"33.2-1222","catch_line":"Tree-trimming policies","url":"\/33.2-1222\/","token":"33.2\/II\/12\/1\/33.2-1222","metadata":false},{"id":359832,"structure_id":51483,"section_number":"33.2-1223","catch_line":"Pasting advertisements prohibited in certain instances","url":"\/33.2-1223\/","token":"33.2\/II\/12\/1\/33.2-1223","metadata":{"court_decisions":""}},{"id":359833,"structure_id":51483,"section_number":"33.2-1224","catch_line":"Signs or advertising on rocks, poles, etc., within limits of highway; civil penalty","url":"\/33.2-1224\/","token":"33.2\/II\/12\/1\/33.2-1224","metadata":false},{"id":359834,"structure_id":51483,"section_number":"33.2-1225","catch_line":"Commissioner of Highways may enter into certain agreements; civil penalties","url":"\/33.2-1225\/","token":"33.2\/II\/12\/1\/33.2-1225","metadata":false},{"id":359835,"structure_id":51483,"section_number":"33.2-1226","catch_line":"Harmony of regulations","url":"\/33.2-1226\/","token":"33.2\/II\/12\/1\/33.2-1226","metadata":false},{"id":359836,"structure_id":51483,"section_number":"33.2-1227","catch_line":"Violation a nuisance; abatement","url":"\/33.2-1227\/","token":"33.2\/II\/12\/1\/33.2-1227","metadata":{"court_decisions":""}},{"id":359837,"structure_id":51483,"section_number":"33.2-1228","catch_line":"Disposition of fees","url":"\/33.2-1228\/","token":"33.2\/II\/12\/1\/33.2-1228","metadata":{"court_decisions":""}},{"id":359838,"structure_id":51483,"section_number":"33.2-1229","catch_line":"Penalties for violation","url":"\/33.2-1229\/","token":"33.2\/II\/12\/1\/33.2-1229","metadata":{"court_decisions":{"0":{"name":" .\u202f.\u202f. Bruce & Tanya & Assocs., Inc. v. Bd. of Supervisors of .\u202f.\u202f. ","case_number":"1:17-cv-01155 (LMB\/TCB)","citation":"355 F. Supp. 3d 386","date":"2018-11-16","url":"https:\/\/www.courtlistener.com\/opinion\/7333812\/bruce-tanya-assocs-inc-v-bd-of-supervisors-of-fairfax-cnty\/","abstract":" .\u202f.\u202f. Leonie M. Brinkema, United States District Judge .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":359839,"structure_id":51483,"section_number":"33.2-1230","catch_line":"Adjustment or relocation of certain billboard signs","url":"\/33.2-1230\/","token":"33.2\/II\/12\/1\/33.2-1230","metadata":{"court_decisions":""}},{"id":359840,"structure_id":51483,"section_number":"33.2-1231","catch_line":"Construction of article","url":"\/33.2-1231\/","token":"33.2\/II\/12\/1\/33.2-1231","metadata":false}],"next_section":{"id":359810,"structure_id":51483,"section_number":"33.2-1201","catch_line":"Enforcement of provisions by Commissioner of Highways","url":"\/33.2-1201\/","token":"33.2\/II\/12\/1\/33.2-1201","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1200\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 588; in 1960, chapter 406; in 1962, chapter 176; in 1966, chapter 663; in 1970, chapter 322; in 1976, chapter 14; in 1980, chapter 275; in 1984, chapter 750; in 1993, chapter 538; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0777\">777<\/a>; in 2000, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0432\">432<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0449\">449<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0672\">672<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0145\">145<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0127\">127<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>.<\/p>","references":[{"id":359830,"section_number":"33.2-1221","catch_line":"Selective pruning permits; fees; penalty","order_by":null,"url":"\/33.2-1221\/"},{"id":359934,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","order_by":null,"url":"\/33.2-1807\/"},{"id":363048,"section_number":"4.1-111","catch_line":"Regulations of Board","order_by":null,"url":"\/4.1-111\/"},{"id":363055,"section_number":"4.1-112.2","catch_line":"Outdoor advertising; limitations; variances; compliance with Title 33.2","order_by":null,"url":"\/4.1-112.2\/"},{"id":363059,"section_number":"4.1-113.1","catch_line":"Outdoor advertising; compliance with Title 33.2","order_by":null,"url":"\/4.1-113.1\/"},{"id":363087,"section_number":"4.1-1401","catch_line":"General advertising restrictions","order_by":null,"url":"\/4.1-1401\/"},{"id":363088,"section_number":"4.1-1402","catch_line":"Outdoor advertising restrictions; limitations; variances","order_by":null,"url":"\/4.1-1402\/"},{"id":371841,"section_number":"58.1-3503","catch_line":"General classification of tangible personal property","order_by":null,"url":"\/58.1-3503\/"}],"refers_to":[{"id":359817,"section_number":"33.2-1208","catch_line":"Permits required","order_by":null,"url":"\/33.2-1208\/"},{"id":360260,"section_number":"33.2-310","catch_line":"Primary state highway system","order_by":null,"url":"\/33.2-310\/"},{"id":360390,"section_number":"33.2-405","catch_line":"Designation of scenic highways and Virginia byways","order_by":null,"url":"\/33.2-405\/"}],"permalink":{"id":1432589,"object_type":"law","relational_id":359809,"identifier":"33.2-1200","token":"33.2\/II\/12\/1\/33.2-1200","url":"\/33.2-1200\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/33.2-1200\/","token":"33.2\/II\/12\/1\/33.2-1200","dublin_core":{"Title":"Policy; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1200","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In <span class=\"dictionary\">order<\/span> to promote the safety, convenience, and enjoyment of travel on and protection of the public investment in <span class=\"dictionary\">highways<\/span> within the Commonwealth, attract tourists and promote the prosperity, economic well-being, and general welfare of the Commonwealth, and preserve and enhance the natural scenic beauty or aesthetic features of the <span class=\"dictionary\">highways<\/span> and adjacent areas, the General Assembly declares it to be the policy of the Commonwealth that the erection and <span class=\"dictionary\">maintenance<\/span> of outdoor advertising in areas adjacent to the rights-of-way of the <span class=\"dictionary\">highways<\/span> within the Commonwealth shall be regulated in accordance with the terms of this article and regulations promulgated by the <span class=\"dictionary\">Board<\/span> pursuant thereto. <a id=\"paragraph-1338720\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1200\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> As used in this article, unless the context requires a different meaning:\n\t\t\t&#8220;<span class=\"dictionary\">Advertisement<\/span>&#8221; means any writing, printing, picture, painting, display, emblem, drawing, sign, or similar device that is posted or displayed outdoors on <span class=\"dictionary\">real property<\/span> and is intended to invite or to draw the attention of or solicit the patronage or support of the public to any goods, merchandise, real or personal property, business, services, entertainment, or amusement manufactured, produced, bought, sold, conducted, furnished, or dealt in by any <span class=\"dictionary\">person<\/span>. &#8220;<span class=\"dictionary\">Advertisement<\/span>&#8221; includes any part of an <span class=\"dictionary\">advertisement<\/span> recognizable as such.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Advertising structure<\/span>&#8221; means any rigid or semirigid <span class=\"dictionary\">material<\/span>, with or without any <span class=\"dictionary\">advertisement<\/span> displayed thereon, situated upon or attached to <span class=\"dictionary\">real property<\/span> outdoors, primarily or principally for the purpose of furnishing a background or base or support upon which an <span class=\"dictionary\">advertisement<\/span> may be posted or displayed.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Area of an advertising structure<\/span>&#8221; means the area determined from its outside measurements, excluding as a part thereof the height and overall width of supports and supporting structure and any other portion or portions thereof beneath the normal area upon which an <span class=\"dictionary\">advertisement<\/span> is posted or intended to be posted.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Billboard sign<\/span>&#8221; means any sign, <span class=\"dictionary\">advertisement<\/span>, or advertising structure as defined in this section owned by a <span class=\"dictionary\">person<\/span>, firm, or corporation in the <span class=\"dictionary\">business of outdoor advertising<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Business of outdoor advertising<\/span>&#8221; means the erection, use, or <span class=\"dictionary\">maintenance<\/span> of <span class=\"dictionary\">advertising structures<\/span> or the posting or display of outdoor <span class=\"dictionary\">advertisements<\/span> by any <span class=\"dictionary\">person<\/span> who receives profit gained from rentals or any other compensation from any other <span class=\"dictionary\">person<\/span> for the use or <span class=\"dictionary\">maintenance<\/span> of such <span class=\"dictionary\">advertising structures<\/span> or the posting or display of such <span class=\"dictionary\">advertisements<\/span>, except reasonable compensation for <span class=\"dictionary\">materials<\/span> and labor used or furnished in the actual erection of <span class=\"dictionary\">advertising structures<\/span> or the actual posting of <span class=\"dictionary\">advertisements<\/span>. &#8220;<span class=\"dictionary\">Business of outdoor advertising<\/span>&#8221; does not include the leasing or rental of <span class=\"dictionary\">advertising structures<\/span> or <span class=\"dictionary\">advertisements<\/span> used to advertise products, services, or entertainment sold or provided on the premises where the <span class=\"dictionary\">advertising structures<\/span> or <span class=\"dictionary\">advertisement<\/span> is located.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Centerline of the highway<\/span>&#8221; means a line equidistant from the edges of the median separating the <span class=\"dictionary\">main traveled ways<\/span> of a divided highway or the centerline of the <span class=\"dictionary\">main traveled way<\/span> of a nondivided highway.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Distance from edge of a right-of-way<\/span>&#8221; means the horizontal distance measured along a line normal or perpendicular to the <span class=\"dictionary\">centerline of the highway<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Federal-aid primary highway<\/span>&#8221; means any highway within that portion of the primary state highway system as established and maintained under Article 2 (&#xA7; <a class=\"law\" title=\"Primary state highway system\" href=\"\/33.2-310\/\">33.2-310<\/a> et seq.) of Chapter 3, including extensions of such system within municipalities, that has been approved by the <span class=\"dictionary\">Secretary<\/span> of Transportation pursuant to 23 U.S.C. &#xA7; 103(b), as that system existed on June 1, 1991.<br \/><br \/>\t\t\t&#8220;Highway&#8221; means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Historic place, museum, or shrine<\/span>&#8221; includes only places that are maintained wholly at public expense or by a nonprofit organization.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Information center<\/span>&#8221; means an area or site established and maintained at <span class=\"dictionary\">rest areas<\/span> for the purpose of informing the public of places of interest within the Commonwealth and providing such other information as the Commonwealth may consider desirable.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Interchange<\/span>&#8221; means a grade separated intersection with one or more <span class=\"dictionary\">turning roadways<\/span> for travel between intersection legs, or an intersection at grade, where two or more highways join or cross.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Lawfully erected<\/span>&#8221; means any sign that was erected pursuant to the issuance of a permit from the <span class=\"dictionary\">Commissioner of Highways<\/span> under &#xA7; <a class=\"law\" title=\"Permits required\" href=\"\/33.2-1208\/\">33.2-1208<\/a>, unless the local governing body has <span class=\"dictionary\">evidence<\/span> of noncompliance with <span class=\"dictionary\">ordinances<\/span> in effect at the time the sign was erected.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Legible<\/span>&#8221; means capable of being read without visual aid by a <span class=\"dictionary\">person<\/span> of normal visual acuity.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Maintain<\/span>&#8221; means to allow to exist.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Main traveled way<\/span>&#8221; means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a <span class=\"dictionary\">main traveled way<\/span>. &#8220;<span class=\"dictionary\">Main traveled way<\/span>&#8221; does not include such facilities as frontage roads, <span class=\"dictionary\">turning roadways<\/span>, or parking areas.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">National Highway System<\/span>&#8221; means the federal-aid highway system referenced in 23 U.S.C. &#xA7; 103(b), and regulations adopted pursuant thereto. For the purpose of this article, outdoor advertising controls on the <span class=\"dictionary\">National Highway System<\/span> shall be implemented as those highways are designated and approved by congressional action or designation by the U.S. <span class=\"dictionary\">Secretary<\/span> of Transportation and such designation and approval shall be kept on file in the central office of the <span class=\"dictionary\">Department<\/span> of Transportation and placed in the minutes of the Commonwealth Transportation <span class=\"dictionary\">Board<\/span> by the <span class=\"dictionary\">Commissioner of Highways<\/span>. Prior to congressional approval or designation by the U.S. <span class=\"dictionary\">Secretary<\/span> of Transportation, highways classified as National System of Interstate and Defense Highways, Dwight D. Eisenhower National System of Interstate and Defense Highways, <span class=\"dictionary\">Interstate System<\/span>, or <span class=\"dictionary\">federal-aid primary highway<\/span> as defined in this section shall be considered as the <span class=\"dictionary\">National Highway System<\/span>.<br \/><br \/>\t\t\t&#8220;Nonconforming sign,&#8221; &#8220;nonconforming <span class=\"dictionary\">advertisement<\/span>,&#8221; or &#8220;<span class=\"dictionary\">nonconforming advertising structure<\/span>&#8221; means one that was <span class=\"dictionary\">lawfully erected<\/span> adjacent to any highway in the Commonwealth but that does not comply with the provisions of state <span class=\"dictionary\">law<\/span>, state regulations, or <span class=\"dictionary\">ordinances<\/span> adopted by local governing bodies passed at a later date or that later fails to comply with state <span class=\"dictionary\">law<\/span>, state regulations, or <span class=\"dictionary\">ordinances<\/span> adopted by local governing bodies due to changed conditions.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Person<\/span>&#8221; includes an individual, partnership, association, or corporation.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Post<\/span>&#8221; means <span class=\"dictionary\">post<\/span>, display, print, paint, burn, nail, paste, or otherwise attach.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Real property<\/span>&#8221; includes any property physically attached or annexed to <span class=\"dictionary\">real property<\/span> in any manner whatsoever.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Rest area<\/span>&#8221; means an area or site established and maintained within or adjacent to the right-of-way or under public supervision or control for the convenience of the traveling public.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Scenic area<\/span>&#8221; means any public park or area of particular scenic beauty or historical significance designated as a <span class=\"dictionary\">scenic area<\/span> by the <span class=\"dictionary\">Board<\/span>.<br \/><br \/>\t\t\t&#8220;Sign&#8221; means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is <span class=\"dictionary\">visible<\/span> from any highway.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Trade name<\/span>&#8221; includes a brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or services.<br \/><br \/>\t\t\t&#8220;Traveled way&#8221; means the portion of a roadway for the movement of vehicles, exclusive of shoulders.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Turning roadway<\/span>&#8221; means a connecting roadway for traffic turning between two intersection legs of an <span class=\"dictionary\">interchange<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Urban area<\/span>&#8221; means an <span class=\"dictionary\">urbanized area<\/span> or, in the case of an <span class=\"dictionary\">urbanized area<\/span> encompassing more than one state, that part of the <span class=\"dictionary\">urbanized area<\/span> within the Commonwealth, or an <span class=\"dictionary\">urban place<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Urbanized area<\/span>&#8221; means an area so designated by the U.S. Census Bureau, within boundaries fixed by the <span class=\"dictionary\">Commissioner of Highways<\/span>, in his discretion, in cooperation with the governing bodies of the localities affected and the appropriate federal authority. Such boundaries shall, at a minimum, encompass the entire <span class=\"dictionary\">urbanized area<\/span> within a state as designated by the U.S. Census Bureau.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Urban place<\/span>&#8221; means an area so designated by the U.S. Census Bureau having a population of 5,000 or more and not within any <span class=\"dictionary\">urbanized area<\/span>, within boundaries fixed by the <span class=\"dictionary\">Commissioner of Highways<\/span>, in his discretion, in cooperation with the governing bodies of the localities affected and the appropriate federal authority. Such boundaries shall, at a minimum, encompass the entire <span class=\"dictionary\">urban place<\/span> designated by the U.S. Census Bureau.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Virginia byway<\/span>&#8221; and &#8220;<span class=\"dictionary\">scenic highway<\/span>&#8221; means those highways designated by the <span class=\"dictionary\">Board<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Designation of scenic highways and Virginia byways\" href=\"\/33.2-405\/\">33.2-405<\/a>. For the purposes of this article, a <span class=\"dictionary\">Virginia byway<\/span> means a scenic byway as referenced in 23 U.S.C. &#xA7; 131(s).<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Visible<\/span>&#8221; means capable of being seen (whether or not <span class=\"dictionary\">legible<\/span>) without visual aid by a <span class=\"dictionary\">person<\/span> of normal visual acuity. <a id=\"paragraph-1338721\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1200\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOLICY; DEFINITIONS (\u00a7 33.2-1200)\n\nA. In order to promote the safety, convenience, and enjoyment of travel on and\nprotection of the public investment in highways within the Commonwealth, attract\ntourists and promote the prosperity, economic well-being, and general welfare of\nthe Commonwealth, and preserve and enhance the natural scenic beauty or\naesthetic features of the highways and adjacent areas, the General Assembly\ndeclares it to be the policy of the Commonwealth that the erection and\nmaintenance of outdoor advertising in areas adjacent to the rights-of-way of the\nhighways within the Commonwealth shall be regulated in accordance with the terms\nof this article and regulations promulgated by the Board pursuant thereto.\n\nB. As used in this article, unless the context requires a different meaning:\n\t\t\t&#8220;Advertisement&#8221; means any writing, printing, picture, painting,\ndisplay, emblem, drawing, sign, or similar device that is posted or displayed\noutdoors on real property and is intended to invite or to draw the attention of\nor solicit the patronage or support of the public to any goods, merchandise,\nreal or personal property, business, services, entertainment, or amusement\nmanufactured, produced, bought, sold, conducted, furnished, or dealt in by any\nperson. &#8220;Advertisement&#8221; includes any part of an advertisement\nrecognizable as such.\t\t\t&#8220;Advertising structure&#8221; means any rigid or\nsemirigid material, with or without any advertisement displayed thereon,\nsituated upon or attached to real property outdoors, primarily or principally\nfor the purpose of furnishing a background or base or support upon which an\nadvertisement may be posted or displayed.\t\t\t&#8220;Area of an advertising\nstructure&#8221; means the area determined from its outside measurements,\nexcluding as a part thereof the height and overall width of supports and\nsupporting structure and any other portion or portions thereof beneath the\nnormal area upon which an advertisement is posted or intended to be\nposted.\t\t\t&#8220;Billboard sign&#8221; means any sign, advertisement, or\nadvertising structure as defined in this section owned by a person, firm, or\ncorporation in the business of outdoor advertising.\t\t\t&#8220;Business of outdoor\nadvertising&#8221; means the erection, use, or maintenance of advertising\nstructures or the posting or display of outdoor advertisements by any person who\nreceives profit gained from rentals or any other compensation from any other\nperson for the use or maintenance of such advertising structures or the posting\nor display of such advertisements, except reasonable compensation for materials\nand labor used or furnished in the actual erection of advertising structures or\nthe actual posting of advertisements. &#8220;Business of outdoor\nadvertising&#8221; does not include the leasing or rental of advertising\nstructures or advertisements used to advertise products, services, or\nentertainment sold or provided on the premises where the advertising structures\nor advertisement is located.\t\t\t&#8220;Centerline of the highway&#8221; means a\nline equidistant from the edges of the median separating the main traveled ways\nof a divided highway or the centerline of the main traveled way of a nondivided\nhighway.\t\t\t&#8220;Distance from edge of a right-of-way&#8221; means the\nhorizontal distance measured along a line normal or perpendicular to the\ncenterline of the highway.\t\t\t&#8220;Federal-aid primary highway&#8221; means any\nhighway within that portion of the primary state highway system as established\nand maintained under Article 2 (&#xA7; 33.2-310 et seq.) of Chapter 3, including\nextensions of such system within municipalities, that has been approved by the\nSecretary of Transportation pursuant to 23 U.S.C. &#xA7; 103(b), as that system\nexisted on June 1, 1991.\t\t\t&#8220;Highway&#8221; means every way or place of\nwhatever nature open to the use of the public for purposes of vehicular travel\nin the Commonwealth.\t\t\t&#8220;Historic place, museum, or shrine&#8221; includes\nonly places that are maintained wholly at public expense or by a nonprofit\norganization.\t\t\t&#8220;Information center&#8221; means an area or site\nestablished and maintained at rest areas for the purpose of informing the public\nof places of interest within the Commonwealth and providing such other\ninformation as the Commonwealth may consider\ndesirable.\t\t\t&#8220;Interchange&#8221; means a grade separated intersection with\none or more turning roadways for travel between intersection legs, or an\nintersection at grade, where two or more highways join or\ncross.\t\t\t&#8220;Lawfully erected&#8221; means any sign that was erected pursuant\nto the issuance of a permit from the Commissioner of Highways under &#xA7;\n33.2-1208, unless the local governing body has evidence of noncompliance with\nordinances in effect at the time the sign was erected.\t\t\t&#8220;Legible&#8221;\nmeans capable of being read without visual aid by a person of normal visual\nacuity.\t\t\t&#8220;Maintain&#8221; means to allow to exist.\t\t\t&#8220;Main traveled\nway&#8221; means the traveled way of a highway on which through traffic is\ncarried. In the case of a divided highway, the traveled way of each of the\nseparated roadways for traffic in opposite directions is a main traveled way.\n&#8220;Main traveled way&#8221; does not include such facilities as frontage\nroads, turning roadways, or parking areas.\t\t\t&#8220;National Highway\nSystem&#8221; means the federal-aid highway system referenced in 23 U.S.C.\n&#xA7; 103(b), and regulations adopted pursuant thereto. For the purpose of this\narticle, outdoor advertising controls on the National Highway System shall be\nimplemented as those highways are designated and approved by congressional\naction or designation by the U.S. Secretary of Transportation and such\ndesignation and approval shall be kept on file in the central office of the\nDepartment of Transportation and placed in the minutes of the Commonwealth\nTransportation Board by the Commissioner of Highways. Prior to congressional\napproval or designation by the U.S. Secretary of Transportation, highways\nclassified as National System of Interstate and Defense Highways, Dwight D.\nEisenhower National System of Interstate and Defense Highways, Interstate\nSystem, or federal-aid primary highway as defined in this section shall be\nconsidered as the National Highway System.\t\t\t&#8220;Nonconforming sign,&#8221;\n&#8220;nonconforming advertisement,&#8221; or &#8220;nonconforming advertising\nstructure&#8221; means one that was lawfully erected adjacent to any highway in\nthe Commonwealth but that does not comply with the provisions of state law,\nstate regulations, or ordinances adopted by local governing bodies passed at a\nlater date or that later fails to comply with state law, state regulations, or\nordinances adopted by local governing bodies due to changed\nconditions.\t\t\t&#8220;Person&#8221; includes an individual, partnership,\nassociation, or corporation.\t\t\t&#8220;Post&#8221; means post, display, print,\npaint, burn, nail, paste, or otherwise attach.\t\t\t&#8220;Real property&#8221;\nincludes any property physically attached or annexed to real property in any\nmanner whatsoever.\t\t\t&#8220;Rest area&#8221; means an area or site established\nand maintained within or adjacent to the right-of-way or under public\nsupervision or control for the convenience of the traveling\npublic.\t\t\t&#8220;Scenic area&#8221; means any public park or area of particular\nscenic beauty or historical significance designated as a scenic area by the\nBoard.\t\t\t&#8220;Sign&#8221; means any outdoor sign, display, device, figure,\npainting, drawing, message, placard, poster, billboard, or other thing that is\ndesigned, intended, or used to advertise or inform, any part of the advertising\nor informative contents of which is visible from any highway.\t\t\t&#8220;Trade\nname&#8221; includes a brand name, trademark, distinctive symbol, or other\nsimilar device or thing used to identify particular products or\nservices.\t\t\t&#8220;Traveled way&#8221; means the portion of a roadway for the\nmovement of vehicles, exclusive of shoulders.\t\t\t&#8220;Turning roadway&#8221;\nmeans a connecting roadway for traffic turning between two intersection legs of\nan interchange.\t\t\t&#8220;Urban area&#8221; means an urbanized area or, in the\ncase of an urbanized area encompassing more than one state, that part of the\nurbanized area within the Commonwealth, or an urban place.\t\t\t&#8220;Urbanized\narea&#8221; means an area so designated by the U.S. Census Bureau, within\nboundaries fixed by the Commissioner of Highways, in his discretion, in\ncooperation with the governing bodies of the localities affected and the\nappropriate federal authority. Such boundaries shall, at a minimum, encompass\nthe entire urbanized area within a state as designated by the U.S. Census\nBureau.\t\t\t&#8220;Urban place&#8221; means an area so designated by the U.S.\nCensus Bureau having a population of 5,000 or more and not within any urbanized\narea, within boundaries fixed by the Commissioner of Highways, in his\ndiscretion, in cooperation with the governing bodies of the localities affected\nand the appropriate federal authority. Such boundaries shall, at a minimum,\nencompass the entire urban place designated by the U.S. Census\nBureau.\t\t\t&#8220;Virginia byway&#8221; and &#8220;scenic highway&#8221; means\nthose highways designated by the Board pursuant to &#xA7; 33.2-405. For the\npurposes of this article, a Virginia byway means a scenic byway as referenced in\n23 U.S.C. &#xA7; 131(s).\t\t\t&#8220;Visible&#8221; means capable of being seen\n(whether or not legible) without visual aid by a person of normal visual acuity.\n\nHISTORY: Code 1950, \u00a7\u00a7 33-298, 33-310; 1954, c. 588; 1960, c. 406; 1962, c.\n176; 1966, c. 663; 1970, c. 322, \u00a7\u00a7 33.1-351, 33.1-363; 1976, c. 14; 1980, c.\n275; 1984, c. 750; 1993, c. 538; 1996, c. 777; 2000, cc. 432, 449; 2002, c. 672;\n2012, c. 145; 2013, c. 127; 2014, c. 805.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}