Neb. Admin. Code tit. 411 — Traffic Engineering Division

Chapter 1 Manual on Uniform Traffic Control Devices, 2009 Edition

Neb. Admin. Code tit. 411, ch. 1 Manual on Uniform Traffic Control Devices, 2009 Edition {#sec-411-nac-1 omnilex-key=us-ne-regs-official--title-411--411 NAC 1}

001 ADOPTION OF THIS RULE BY THE NEBRASKA DEPARTMENT OF TRANSPORTATION

001.01 The Nebraska Department of Transportation by this Rule does adopt the Manual on Uniform Traffic Control Devices (MUTCD), 11th Edition, published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F, filed herewith.

001.02 The Nebraska Department of Transportation by this Rule does adopt the Nebraska Supplement to the Manual on Uniform Traffic Control Devices, 2025, filed herewith.

001.03 The 11th Edition of the MUTCD and the Nebraska Supplement may be viewed from the following website: https://dot.nebraska.gov/business-center/contractor/mutcd/

History

• Effective 2026-05-24

Chapter 3 Release of Blood Alcohol and Drug Information

Neb. Admin. Code tit. 411, ch. 3 Release of Blood Alcohol and Drug Information {#sec-411-nac-3 omnilex-key=us-ne-regs-official--title-411--411 NAC 3}

001 REPORTS OF BLOOD ALCOHOL OR DRUG CONCENTRATION RECEIVED BY THE DEPARTMENT OF ROADS UNDER NEB.REV.STAT. 60-6,102 AND 60-6,103 ARE PUBLIC RECORDS AND SHALL BE RELEASED IN ACCORDANCE WITH THE FOLLOWING RULES .

001.01 AVAILABILITY. Reports of Blood Alcohol and Drug Concentration, on file with the Department, can be viewed at the office of the Accident Records Bureau of the Department of Roads. Certified copies of these reports can be purchased in person or by mail.

001.02 BUSINESS HOURS. The Accident Records Bureau is open for business from 7:00 a.m. to 5:00 p.m. each working day.

001.03 LOCATION. The Accident Records Bureau is located in the Department of Roads Central Complex in Lincoln, Nebraska. The mailing address is:

Accident Records Bureau Traffic Engineering Division Nebraska Department of Roads 1500 Nebraska Highway 2 P.O. Box 94669 Lincoln, Nebraska 68509-4669

001.04 FEES. A certified copy of the Blood Alcohol and Drug Report will be available at a cost of four dollars ($4.00). Cash, check or money orders will be accepted from those appearing in person in the Accident Records Bureau. Checks or money orders made out to the Accident Records Bureau are preferred with mail orders. Payment must be made prior to certified copies being provided. Fees will be charged for each document requested.

001.05 PUBLIC RECORD. Because this information is a public record, anyone appearing within the Accident Records Bureau office may view the document at no cost. Fees will be charged only for certified copies of the document.

001.06 REQUIRED INFORMATION. The individuals name, the approximate date of the accident, and the county in which the accident occurred is necessary for the document to be located.

001.07 OTHER SEARCH REQUESTS. Requests for searches of Blood Alcohol or Drug information which may lead to the discovery of multiple documents will be processed as follows:

001.07A The requestor shall provide to the Department a specific description of the information being requested.

001.07B The State will estimate the cost of employee time necessary to program and locate documents which will satisfy the request.

001.07C The State will notify the requestor of the estimated cost to search for the information.

001.07D Upon receipt of the estimated amount, the State will search its records for the information.

001.07E The requestor may examine all documents retrieved during the search and certified copies of any or all of the retrieved documents can be made at $4.00 for each document.

History

• Effective 2001-02-17

Chapter 4 Specific Informational and Business (logo) Signs

Neb. Admin. Code tit. 411, ch. 4 Specific Informational and Business (logo) Signs {#sec-411-nac-4 omnilex-key=us-ne-regs-official--title-411--411 NAC 4}

001 GENERAL These Rules and Regulations are set forth to adopt the requirements of Neb.Rev.Stat., §§39-204 through 39-206 and the federal requirements governing the erection and maintenance of Specific Informational and Business (Logo) signs within the right-of-way of the Interstate and primary highway systems in the State of Nebraska. The requirements set forth by the Federal Highway Administration when authorizing the installation of Specific Informational and Business (Logo) signs within the public right-of-way are to provide a service to the traveling public and not to provide an advertising medium for businesses. Limitations are placed on the number of businesses that can be identified and posted and the number of miles a motorist must travel to find the posted services. All references to Nebraska Revised Statutes refer to the most recently published Reissue or Supplement.

002 DEFINITIONS : For the purpose of these Rules and Regulations the following definitions are provided:

002.01 “Agent” shall mean a person, corporation, or business that enters into a contract with the Department of Transportation for the purpose of operating the Specific Informational and Business (Logo) Sign Program.

002.02 “Annual Business Sign Fee” shall mean the fair market rental value of the sign site and any cost associated with the fabrication, erection, maintenance or servicing of Specific Informational and Business (Logo) signs.

002.03 “Business (Logo) Sign” shall mean a Type “A” sign that displays the name, brand or trademark of a qualified business or attraction, and is attached to a Specific Informational sign.

002.04 “Combination Signs” shall mean Specific Informational signs displaying availability of two types of services. Combination signs may be erected only in remote rural areas, where no more than two qualified businesses are available or will become available within two years, for each of two or more types of services.

002.05 “Department” shall mean the Nebraska Department of Transportation.

002.06 “District Office” shall mean the headquarters for any one of the eight geographical subdivisions of the Nebraska Department of Transportation.

002.07 “Expressway” shall mean a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections.

002.07A Expressways are subdivided as follows:

002.07A1 Category 1 - Expressways with at-grade intersections only.

002.07A2 Category 2 - Expressways with at-grade intersections located between interchanges on expressways.

002.08 “Gore” shall mean the area immediately beyond the divergence of two traveled ways, bounded by the edges of those traveled ways.

002.09 “Interstate Highway System” shall mean the National System of Interstate and Defense Highways established by the Federal Aid Highway Act of 1956, and defined in Title 23 of the United States Code.

002.10 “Lease” shall mean the written contract between the Department or the Agent and the owner or responsible operator.

002.11 “MUTCD” refers to the Manual on Uniform Traffic Control Devices and the Nebraska Supplement thereto, adopted in the Rules and Regulations, Title 411, Chapter 1, section 001, pursuant to Neb.Rev. Stat. §60-6,118, and found on Nebraska Department of Transportation’s website, http://dot.nebraska.gov/media/3455/ne-mutcd-2011.pdf.

002.12 “Notice” shall mean notification by means of certified mail.

002.13 “Owner” shall mean the holder of fee title or the holder of a leasehold estate from the owner of real property.

002.14 “Primary Highway System” shall mean roads and streets which were designated as the Federal-Aid Primary System, as it existed on June 1, 1991, by the Department and approved by the Federal Highway Administration and which are shown on the map provided for in Neb.Rev.Stat. §39-1311. Expressways are a part of the Primary Highway System.

002.15 “Qualified Business” shall mean a business furnishing gas, food, lodging, camping or attraction, and meeting the criteria established by these Rules and Regulations.

002.16 “Responsible Operator” shall mean a person or Agent other than an owner who operates a qualified business and who has authority to enter into agreements relevant to matters covered by these Rules and Regulations.

002.17 “Rural Area” shall mean an area outside of an urban area; except that if the land within the urban area has a character that is sparsely populated, or is primarily devoted to agricultural use, or where the roadside development does not appear to be urban in character, then such land may also be considered rural. The decision of whether specific areas are rural areas under this section shall be made by the Department, and such decision shall be final.

002.18 “Specific Informational Signs” (Type B Signs) shall mean signs bearing separately affixed Business (Logo) signs.

002.19 “Supplemental Directional Signs” (Type B Signs) shall mean Specific Informational signs bearing separately affixed Business (Logo) signs located adjacent to an exit ramp.

002.20 “Serve at least two meals per day” shall mean that the business shall be open to the public not later than 10:30 a.m. and shall serve, as a minimum, a breakfast and lunch, or a lunch and dinner.

002.21 “Trailblazer Signs” (Type A Signs) shall mean Business (Logo) signs located along the route leading from the Interstate or Primary Highway to qualified businesses.

002.22 “Traveled Way” shall mean the through traffic lanes of the Interstate or Primary Highway System and shall include exit, entrance ramps and acceleration, deceleration lanes.

002.23 “Urban Area” shall mean the developed area inside and outside the corporate limits of municipalities with a population of 5,000 or more as shown on the urban area maps on file with the Department of Transportation.

002.24 “Visible,” as used in Neb.Rev.Stat. §§39-215, 39-216 and 39-220 in reference to advertising signs, displays, or devices, shall mean the message or advertising content of such sign, display, or device is capable of being seen without visual aid by a person of normal visual acuity. A sign shall be considered visible even though the message or advertising content may be seen but not read.

003 ELIGIBILITY REQUIREMENTS

003.01 The eligibility requirements are applicable to all Type A and Type B Signs erected.

003.02 Qualified businesses must provide the Department or the Agent with a written assurance of conformity with all Federal and State laws concerning the provisions of public accommodations without regard to race, religion, color, age, sex or national origin, and laws concerning the licensing and approval of service facilities.

003.03 Any facility that provides gas, food, lodging, camping or is an attraction that has erected an advertising sign that does not comply with the requirements of Neb.Rev.Stat. §§39-213 through 39-226 and the Rules and Regulations, Title 410, Chapter 3, Section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System, shall not be eligible to be identified on any of the Business (Logo) signs until all illegal signs are removed or brought into conformity with the law.

003.04 SERVICES PROVIDED - In order to be a qualified business, the business must provide one or more of the following services: gas, food, lodging, camping or attraction.

003.04A Such business must also meet the following criteria:

003.04A1 Gas-diesel vehicle service stations shall:

003.04A1a Provide fuel, oil and water.

003.04A1b Provide modern restroom facilities and drinking water.

003.04A1c Provide a telephone available for public use.

003.04A1d Be in continuous operation at least 16 hours per day, seven days per week, on the Interstate or freeway; and at least 12 hours per day, seven days per week, on Primary Highways.

003.04A2 Food and restaurant facilities shall:

003.04A2a Be approved and/or licensed by the State Agency or political entity having jurisdiction.

003.04A2b Be in continuous operation to serve at least two meals per day, at least six days per week.

003.04A2c Provide modern restroom facilities.

003.04A2d Provide a telephone available for public use.

003.04A3 Lodging, motel and hotel facilities shall:

003.04A3a Be approved and/or licensed by the State Agency or political entity having jurisdiction.

003.04A3b Provide a telephone available for public use.

003.04A3c Provide adequate sleeping accommodations.

003.04A3d Provide modern restroom facilities.

003.04A4 Camping and campground facilities shall:

003.04A4a Be approved and/or licensed by the State Agency or the political entity having jurisdiction.

003.04A4b Provide modern restroom facilities and drinking water.

003.04A4c Provide adequate camping and parking spaces.

003.04A4d Business signs for campgrounds operated on a seasonal basis will be covered or removed during the off season.

003.04A5 Attraction services shall:

003.04A5a Be of regional significance with the primary purpose of providing amusement, historical, cultural or leisure activity to the public.

003.04A5b Provide adequate parking accommodations.

003.04A5c Provide modern restroom facilities and drinking water.

003.04A5d Be open to the public at least 40 hours per week, at least five days a week, one of which must be a Saturday or a Sunday, for the normal operating season for the type of business. Exceptions: (1) This requirement shall not apply to certain facilities such as: arenas, stadiums, amphitheaters or race tracks. (2) A winery or brewery shall be open at least 20 hours per week; the week must include a Saturday or a Sunday.

003.04A5e Be appropriately licensed as required by law, where required.

003.04A5f Be approved by the State Historical Society, where required.

003.04A6 The attraction must be one of the following types of facilities: (1) area of natural beauty or phenomena, (2) historical site, (3) cultural site or museum, (4) scientific site, (5) recreational site or facility, or (6) golf course.

003.04A7 Business signs for attractions operated on a seasonal basis will be covered or removed during the off season.

003.05 LOCATION OF THE BUSINESS

003.05A Specific Informational signs shall be erected only for qualified businesses located within three miles of the interchange, or intersection, as the case may be, as measured from the gore of the exit ramp, right-turning lane, or intersection, to the nearest point of intersection of the driveway of the qualified business and public highway, except as provided in Sections 003.05B through 003.05F.

003.05B If no qualified business of a specific type exists, or participates in this program, within three miles of the interchange, or intersection, then successive three-mile increments may be considered. If considered, then all qualified businesses within the successive increment may be included, but not to exceed the maximum capacity of the individual service sign.

003.05C Gas, food and lodging services located more than six miles from the interchange, or intersection, shall not be eligible for posting.

003.05D Camping services located more than 15 miles from the interchange, or intersection, shall not be eligible for posting.

003.05E Attraction services located more than 15 miles from the interchange, or intersection, shall not be eligible for posting.

003.05F A qualified business (other than attractions) located more than three miles from an interchange, or intersection, shall not qualify for posting if a motorist could obtain similar services adjacent to the next interchange or intersection, by traveling fewer miles.

004 SPECIFIC INFORMATIONAL SIGNS

004.01 LOCATION

004.01A Specific Informational signs on the Interstate and Category 2 Expressway shall be erected not less than 800 feet in advance of the exit direction sign at the interchanges or intersections.

004.01B The exact location of Specific Informational signs and Supplemental Directional signs shall be approved by the Department; however, such signs shall be located so as to have the least impact on the scenic environment, and to avoid conflict with other signs within the highway right-of-way. Lateral clearance and height shall be as specified in the MUTCD and Exhibit C of these Rules and Regulations.

004.01C Specific Informational signs on the Primary Highway System, including Category 1 Express- ways, shall be erected not less than 300 feet in advance of the edge of the traveled way of the intersecting road or street, or in advance of the gore of the right-turning lane.

004.01D Spacing between each Specific Informational sign shall be not less than 800 feet, or more than 1,000 feet, on the Interstate and Primary Highway System.

004.01E Specific Informational signs shall be displayed as designated in the MUTCD and these Rules and Regulations.

004.01F Specific Informational signs shall not be erected at an interchange where an exit ramp is provided but no convenient re-entry ramp exists in the same direction of travel.

004.01G Specific Informational signs shall not be erected on interchanges where the interchange ramps connect directly to another Interstate highway or freeway.

004.01H Specific Informational signs shall not be erected in an urban area where interchanges are located two miles or less apart or where the traveler could reasonably expect to find food, fuel, and lodging when leaving the Interstate or Primary Highway System.

004.01I The number of Specific Informational signs along an approach to an interchange or intersection, regardless of the number of service types displayed, shall be limited to a maximum of four.

004.01J Specific Informational signs shall be installed in the direction of traffic in this order, attraction, camping, lodging, food and gas.

004.01K No more than three types of services shall be represented on any sign or sign assembly. If three types of services are displayed on one sign, then the Logo sign panels shall be limited to two for each service type.

004.02 SIGN DESIGN

004.02A Specific Informational Signs shall be constructed using Type B extruded sign panels. Exit number shall be displayed at numbered interchanges in place of the directional legend (i.e., “Next Right,” etc.). Sign designs shall be in compliance with the MUTCD.

004.02B Sign Material (Type “B” Signs)

004.02B1 Specific Informational signs shall be constructed of extrusheet, aluminum horizontally joined panels, called Type “B” Signs (Exhibit B). They shall have reflective blue background sheeting, in accordance with the MUTCD, the Nebraska Department of Transportation Standard Specifications for Highway Construction, and these Rules and Regulations including tables, illustrations and exhibits.

004.02B2 The reflective background sheeting shall be Type IV sheeting conforming to ASTM Designation: D 4956-09.

004.02B3 The reflective sheeting used for legends shall be Type IV, VII or XI with ASTM Designation: D 4956-09.

004.02B4 Higher reflective grade sheeting may be used for background or legend when approved by the Traffic Engineer.

004.02B5 Existing Specific Informational signs sheeted with Type III sheeting for background or legend may remain in place for the rest of its useful life.

004.02C Structural Supports

004.02C1 Signs shall be mounted on structural steel beam breakaway posts fabricated and installed in accordance with the latest edition of the Nebraska Department of Transportation Standard Specifications for Highway Construction and Exhibit C.

004.02C2 Footings shall be as required in the latest edition of the Nebraska Department of Transportation Standard Specifications for Highway Construction and Exhibit C.

005 SUPPLEMENTAL DIRECTIONAL SIGNS

005.01 The information displayed on Specific Informational signs must be repeated on Supplemental Directional signs when the qualified businesses identified on the Specific Informational signs are not visible by traffic approaching from either the traveled way of the Interstate Highway System, from an interchange ramp, or from a highway intersection.

005.02 The Department shall determine if a qualified business is visible from either the traveled way of the Interstate Highway System, from an interchange ramp, or from a highway intersection.

005.03 LOCATION

005.03A Supplemental Directional signs shall be located on the highway right-of-way along the inter- change ramp or at the ramp terminal, or along the intersecting highway.

005.03B The exact location of the Supplemental Directional signs shall be determined by the Department.

005.04 SPACING - A minimum of 100 feet is required between successive Supplemental Directional signs.

005.05 ORDER OF DISPLAY - Supplemental Directional signs shall be installed in the same order as the Specific Informational signs.

005.06 DESIGN

005.06A Specifications – Supplemental Directional Signs shall conform to the MUTCD.

005.06B Sign Material - Supplemental Directional signs shall be constructed of the same material required for Specific Informational signs in accordance with these Rules and Regulations including tables, illustrations, and exhibits.

005.06C Structural Supports

005.06C1 Supplemental Directional signs shall be mounted on structural steel beam breakaway posts fabricated and installed in accordance with the latest edition of the Nebraska Department of Transportation Standard Specifications for Highway Construction and Exhibit C.

006 TRAILBLAZER SIGNS

006.01 Trailblazer signs, also called Type “A” signs, may be installed along the highway for qualifying businesses, only if the business cannot be seen from the highway.

006.02 LOCATION

006.02A Trailblazer signs may be located on the right-of-way of the public highway at all intersections where the direction of the route changes or where it might be questionable as to which roadway to follow.

006.02B If conflicts with existing signs should arise, then the exact location of Trailblazer signs shall be determined by the Department. (See illustration 13).

006.03 ORDER OF DISPLAY - Trailblazer signs shall be erected in the same order as Specific Informational signs.

006.04 DESIGN

006.04A Trailblazer signs shall conform to the design requirements established by these Rules and Regulations.

006.04B Trailblazer signs shall indicate, by arrow, the direction to the qualified business.

006.05 STRUCTURAL SUPPORTS - Trailblazer signs shall be erected on steel or wood posts, which conform to the requirements of Type “A” Signs, as shown in Illustration 13, and Exhibit A.

007 BUSINESS (LOGO) SIGNS

007.01 COPY

007.01A Only a business name, brand name, trademark, Logo, commercial symbol, or combination of these shall be used. If a nationally, regionally or locally recognized commercial symbol, Logo or trademark is available, it shall be used in preference to any other form of business identification.

007.01B Any message which advertises rather than identifies a business is prohibited. On “GAS” business signs, the word “diesel,” “E85,” and/or a Department approved symbol for liquefied petroleum fuel, or a Department approved symbol for diesel, ethanol or other approved alternative fuel symbol may be included on the business sign.

007.01C Messages, logos, symbols, or trademarks which interfere with, imitate, or resemble any official warning or regulatory signs, signals or traffic control devices, or attempt or appear to attempt to direct the movement of traffic are prohibited.

007.01D A Business (Logo) sign panel shall not display the symbol/trademark or name of more than one business.

007.02 DESIGN SPECIFICATIONS

007.02A Size

007.02A1 Sign sizes, including the border, if any, shall be as specified in the MUTCD and these Rules and Regulations. The corners of the sign shall be trimmed to conform to the required radius as shown in Illustration 12. All edges shall be smooth and free of burrs.

007.02B Color, Size of Figures and Legend

007.02B1 The Business (Logo) sign shall have a white message on a blue background. Colors consistent with customary use may be used with nationally, regionally, or locally known symbols or trademarks. The principal legend on the Business (Logo) sign shall be a minimum of eight inches in height. Where a symbol or trademark is used alone for the Business sign, any legend on the symbol or trademarks shall be in proportion to the size. The Business (Logo) signs shall have a white border. When symbols or trademarks are used alone, the border may be omitted. (See Illustrations 10 and 11)

007.02C Material

007.02C1 The sign shall be fabricated from a single sheet of minimum thickness 0.063 aluminum of alloys 6061-T6 or 5052-H38. The aluminum shall be treated before applying the reflective sheeting in accordance with the reflective sheeting manufacturer’s specifications. (Illustration 12)

007.02C2 Minimum reflective intensity for manufactured colors, after sign fabrication, shall conform to the requirements of the Standard Specification for Retroreflective Sheeting for Traffic Control, ASTM Designation: D 4956-09. All reflective sheeting for Type A and B signs shall be Type IV sheeting. All sheeting shall be applied with mechanical equipment in accordance with the manufacturer’s specifications.

007.02C3 Higher reflective grade sheeting may be used for background or legend when approved by the Traffic Engineer.

007.02D Mounting

007.02D1 Sign Arrangement - Business (Logo) signs shall be placed on a Specific Informational sign, having two rows of such signs in order of increasing distance as follows:

Closest, upper left; second, lower left; third, upper center; fourth, lower center; fifth, upper right; sixth, lower right. On Specific Informational signs with a single row of business signs, individual business signs shall be placed in order of increasing distance from left to right. Relative distance of each qualified business to the interchange shall be determined at the time of lease application. (See Illustrations 007.02D2 The order of arrangement for Business (Logo) signs on Supplemental Directional signs and Trailblazer signs will be determined by the direction of the arrow. Businesses located on the left shall be designated at the top of the sign as shown in Illustrations 8 and 13.

007.02E Supplemental message

007.02E1 A portion of the Logo may be used to display a supplemental message horizontally along the bottom of the Business (Logo) sign panel, provided that the message displays essential motorist information.

007.02E2 Any supplemental message shall be displayed within the Logo sign panel and have letters and numerals that comply with Table 007.

007.02E3 No more than one supplemental message may be displayed on a Logo panel.

007.02E4 The supplemental message should be displayed in a color to contrast effectively with the background of the Business (Logo) panel, typical colors will be a black legend on yellow background.

007.02E5 Typical supplemental messages may include “DIESEL,” “E85,” “24 HOURS,” “OPEN with days of week,” “CLOSED with day or days of week,” “ALTERNATIVE FUELS” and “RV ACCESS.” (See Illustration 3b). If the RV ACCESS supplemental message is circular, it shall be the abbreviation “RV” in black letters on a yellow circle with black background. (See Illustration 3b).

008 ADMINISTRATIVE The Department or the Agent shall give one public notice of intent to erect Specific Informational sign panels at an interchange or intersection 90 days prior to accepting requests to place Business (Logo) signs on the panels. Said notice of intent shall be published in a legal newspaper of the county or counties where the signs will be erected. Said notice shall specify from whom applications may be requested, and where or to whom said applications must be submitted for consideration.

008.01 APPLICATION

008.01A Requests for space on the informational sign panels may be submitted to the Department or the Agent.

008.01B All requests must be made by the owner or authorized representative of a qualified business.

008.01C Each Specific Informational sign or sign assembly shall be limited to no more than six Business (Logo) panels. (See Illustration 3)

008.01D Where more than six businesses of a specific service type are eligible for Logo sign panels at the same interchange, additional Logo panels of that same specific service type may also be displayed in accordance below:

008.01D1 No more than 12 Business (Logo) sign panels of a specific service type shall be displayed on no more than two specific service signs or sign assemblies.

008.01D2 No more than six logo sign panels shall be displayed on a single specific service sign.

008.01D3 No more than four Specific Informational sign panels shall be displayed on any approach.

008.01E In the event that the requests to place Business (Logo) signs on informational sign panels exceeds the available space, the following criteria shall be used to determine the allocation of spaces on informational sign panels.

008.01E1 In all instances, those businesses nearest to the interchange or intersection will be given priority. “Nearest,” or “closer,” as used herein, shall be determined as previously described in Sections 003, 003.05 and 003.05A.

008.01E2 The first six applications received from qualified applicants for fuel, food, lodging, camping and attraction shall be selected to place their logo on the informational sign if said applicants meet the minimum criteria set forth in these regulations. The applications may be received by either the Agent or the Department headquarters in Lincoln, Nebraska, whichever is designated in the public notice required in Section 008.

008.01E3 Once the maximum number of similar type businesses are posted on the informational sign panels at an interchange or intersection, other similar type businesses closer to the interchange or intersection shall have priority over the first applicant. The first applicant shall have the right to occupy his or her space for one year from the date of installation or rental period.

008.01E4 If Trailblazer signs are required for a qualified business, they shall be installed at the same time or prior to installing the Business (Logo) sign on the Specific Informational sign panels. The Department or the Agent shall determine if Trailblazer signs are necessary.

008.02 MAINTENANCE

008.02A The Department or the Agent shall repair or replace within four weeks after damage occurs, any informational sign panels that are destroyed or damaged by act of God or vehicle accident.

008.02B The Agent shall be responsible for washing all informational sign panels and Business (Logo) signs on an annual basis or at any time the reflectorized facing becomes dull.

008.02C The Agent shall be responsible for conducting an inspection annually on the breakaway mechanism for any dirt or other obstruction that may interfere with the breakaway mechanism. All bolts shall be loosened and retorqued to proper specification.

008.02D The Agent shall be responsible for the cost of the relocation of Specific Informational sign panels for highway improvements and shall complete the relocation within 60 days after notification that the sign must be removed.

008.02E Specific Informational signs, Supplemental Directional signs and Trailblazer signs which no longer display any business logo shall be taken down (sign and posts) if vacant for greater than 180 days. Exception will be provided for camping and attraction signs that are vacant or covered for seasonal closures.

008.03 REMOVAL OF BUSINESS SIGNS AND COVERING SEASONAL SIGNS

008.03A The owner of any business sign must be notified by certified mail a minimum of 30 days in advance of the removal of his or her sign for any cause.

008.03B Business (Logo) signs may be removed for any of the following:

008.03B1 Failure to pay rental fee.

008.03B2 Owning signs that are in conflict with the Rules and Regulations, Title 410, Chapter 3, Section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System.

008.03B3 Failure to meet the minimum requirements for each type of business sign set forth in the state statutes, these regulations, and as provided under Section 008.01E.

008.03B4 Repeated delinquency as to any of the aforesaid violations.

008.03C If a business is closed due to fire, accident, remodeling or other emergencies for more than seven, but not more than 90 days, then the Agent shall have the Business (Logo) sign covered to prevent inconveniencing the traveling public. The business shall not lose its priority or be required to reapply prior to the normal expiration of its contract. Extensions of time beyond 90 days may be granted in such case where insurance claims or financial arrangements require additional time. However, an owner who, due to his or her own negligence, fails to open within the 90-day period may lose his or her right to occupy the informational sign panel.

008.03D The Agent shall be responsible for covering, or removing and subsequently reinstalling, the Business (Logo) sign for a campground or attraction, if the facility is closed during the winter months.

008.04 MOTORIST SERVICE SIGNS AT INTERSTATE INTERCHANGES

008.04A At interchanges on the Interstate System where none of the qualified businesses wish to participate in the program, the Department will maintain the existing motorist service signs.

008.04B The motorist service signs at any interchange will be removed by the Department when the first Specific Informational sign panel is installed. An exception will be considered for camping motorist service signs to remain in place.

008.05 SUPPLEMENTAL DESIGNATION SIGNS AT INTERCHANGES

008.05A At interchanges where a facility chooses to participate with a Specific Informational Business (Logo) attraction sign, any existing supplemental sign for the same facility will be removed by the Department.

008.05B If a once removed facility discontinues the Specific Informational Business (Logo) program and requests to be re-installed on the Supplemental Designation sign, it must reapply and compete with other facilities for available space on the sign. A facility that was once removed and reapplies within 10 years may be required to pay for the refabrication of a new sign.

008.06 FEES FOR POSTING ON SPECIFIC INFORMATIONAL SIGN PANELS The fee for placing Business (Logo) signs on Specific Informational sign panels shall include, but not be limited to: the fair market rental value of the sign site; fabrication, erection, maintenance or servicing of Specific Informational and Business (Logo) signs; removal or covering Business (Logo) signs; other costs associated with the program, and when applicable, reasonable profit for the Agent operating the program. The fee shall include the Supplemental Directional sign if needed. An additional fee will be charged for Trailblazer signs if needed. The fee for each space on the Specific Informational sign panel shall be the same to all businesses, except that in the category of camping and attraction, the annual fee paid by the business may be reduced by the ratio that the number of full or partial months that the facility is closed to public usage bears to the number of months in a year, but the resulting fee shall be not less than 50 percent of the annual fee. The lease agreement shall be for a term of not less than one year, nor more than five years. It shall specify the cost of Trailblazer signs and the covering of seasonal signs and other information that is necessary.

008.07 OVERSIGHT OF THE AGENT BY THE DEPARTMENT The Department may review all proposed locations for Specific Informational sign panels to determine if there is a conflict with existing signs or future sign installations. The Department may make spot checks of the leases with the applicant, check businesses for compliance with state statutes and these regulations, and make such audits as may be necessary to determine that the program is operated equitably with the qualified businesses and the Department.

ANNOTATION

Title 411 Chapter 4

Enabling Legislation §39-204 through 39-206 Neb. Rev. Stat.

ILLUSTRATIONS / EXAMPLES

History

• Effective 2019-06-08

Chapter 5 Tourist-Oriented Directional Sign (tods) Panels

Neb. Admin. Code tit. 411, ch. 5 Tourist-Oriented Directional Sign (tods) Panels {#sec-411-nac-5 omnilex-key=us-ne-regs-official--title-411--411 NAC 5}

001 GENERAL These Rules and Regulations are set forth to adopt the requirements of Neb.Rev.Stat. §§39- 207 through 39-211 and the federal requirements governing the erection and maintenance of Tourist-Oriented Directional Sign (TODS) panels within the right-of-way of Rural Conventional Roads in the State of Nebraska. The requirements set forth by the Federal Highway Administration when authorizing the installation of Tourist-Oriented Directional Sign (TODS) panels within the public right of way are to provide travelers with the business identification and directional information for businesses (including seasonal agricultural products), services and activities, the major portion of whose income or visitors are derived during the normal business season from motorists not residing in the immediate area of the business or activity. They are to provide a service to the traveling public and not to provide an advertising medium for businesses. They are intended for use only on Rural Conventional Roads and shall not be used on freeways and interchanges on expressways. All references to Nebraska Revised Statutes refer to the most recently published Reissue or Supplement.

002 DEFINITIONS : For the purpose of these Rules and Regulations the following definitions are provided:

002.01 “Activity Plaque” means a sign that displays the identification of a specific qualified activity or business, the distance to the activity, and the directional arrow, and forms a part of a Tourist-Oriented Directional Sign (TODS) panel.

002.02 “Agent” means a person, corporation, or business that enters into a contract with the Department of Transportation for the purpose of operating the Tourist-Oriented Directional Signing (TODS) Program.

002.03 “Annual Fee” means the fair market rental value of the sign site and any cost associated with the fabrication, erection, maintenance or servicing of Tourist-Oriented Directional Signs, such costs or criteria therefore being established by contract.

002.04 “Conforming Advertising Devices” means those devices that have been lawfully erected, as described under Neb.Rev.Stat. §§39-213 through 39-226 and the Rules and Regulations Title 410, Chapter 3, section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System.

002.05 “Department” means the State of Nebraska Department of Transportation.

002.06 “Directional Advertising Device” includes, but is not limited to: advertising devices 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. Such devices shall conform to standards promulgated by the Department pursuant to Neb.Rev.Stat. §39-215, which standards shall conform to the national policy.

002.07 “District Office” means the headquarters for any one of the eight geographical subdivisions of the Nebraska Department of Transportation.

002.08 “Erect” means construct or allow to be constructed.

002.09 “Expressway” means a divided arterial highway for through traffic with full or partial control of access which may have grade separations at intersections.

002.10 “FHWA” means the Federal Highway Administration, the U.S. Department of Transportation.

002.11 “Federal Authority” refers to 23 USC 109(d), 315, and 402(a); 49 CFR 1.48(b); and federal requirements.

002.12 “Gore” means the area immediately beyond the divergence of two traveled ways, bounded by the edges of those traveled ways.

002.13 “Freeway” means a divided arterial highway designed primarily for through traffic with full control of access and with grade separations at all intersecting road crossings, including all interchanges and approach and exit roads thereto.

002.14 “Highway” means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

002.15 “Highway Miles” means the distance in miles calculated by traveling on any highway, as opposed to air miles.

002.16 “Illegal Sign” means a device erected that does not comply with the requirements of Neb.Rev.Stat. §§39-213 through 39-226 and the Rules and Regulations Title 410, Chapter 3, Section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System.

002.17 “Immediate Area” means within a 40-mile radius (air miles) as determined by the postal address of the visitor.

002.18 “Interchange” means a grade-separated intersection with one or more turning roadways for travel between any of the highways radiating from and forming part of such intersection.

002.19 “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines or, if there are not lateral curb lines, the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. When a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a highway shall not constitute an intersection.

002.20 “Interstate Highway System” means any highway included as a part of the Dwight D. Eisenhower National System of Interstate and Defense Highways established by the Federal Aid Highway Act of 1956, as amended, and defined in Title 23 of the United States Code and any other subsequent acts of Congress.

002.21 “Local Authority” means every county, municipal, and other local board or body having power to enact laws, rules or regulations relating to traffic under the Constitution of Nebraska and the laws of the state and generally including the directors of state institutions, the Nebraska Game and Parks Commission, and all natural resources districts with regard to roads not a part of the state highway system and within the limits of such institution, of an area under Nebraska Game and Parks Commission control, or of an area owned or leased by a natural resources district, but outside the limits of any incorporated city or village.

002.22 “MUTCD” refers to the Manual on Uniform Traffic Control Devices and the Nebraska Supplement thereto, adopted in the Rules and Regulations, Title 411, Chapter 1, section 001, pursuant to Neb.Rev.Stat. §60-6,118, and found on Nebraska Department of Transportation’s website, http://dot.nebraska.gov/media/3455/ne-mutcd-2011.pdf.

002.23 “Maintenance” means to preserve, keep in repair, continue or replace a TODS Panel/Activity plaque.

002.24 “Major Portion of Income or Visitors” means a percentage of the annual income derived from the activity or visitors to the activity during the normal season of the activity. Sales from the use of catalogs, brochures, etc., which do not result in the purchaser’s presence at the business or activity site shall be excluded from the computation of what constitutes a major portion of income or visitors.

002.24A Major portion of income or visitors is subdivided as follows:

002.24A1 Businesses Open Seasonally: 50% of the annual income or visitors to the activity.

002.24A2 Businesses Open All Year-Around: 30% of the annual income or visitors to the activity.

002.25 “Municipality” means a political entity of the State of Nebraska having corporate status and engaged in exercising some of the functions of government in a limited locality.

002.26 “Neb.Rev.Stat.” means Nebraska Revised Statutes, as amended.

002.27 “Nonconforming Advertising Device” means a sign which was lawfully erected, but which does not now comply with the provisions of the State Law or State Rules and Regulations.

002.28 “Normal Season and Normal Business Season” means the period of the year the activity, business, or service is continuously open to the public.

002.29 “Official Traffic Control Device” means all signs, signals, markings, and devices placed or displayed by authority of the public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

002.30 “Owner” means the holder of title or the holder of a leasehold estate or other interests from the owner of real property.

002.31 “Qualified Tourist-Oriented Activity” means businesses, services and activities the major portion of whose income or visitors are derived during the normal business season from motorists not residing in the immediate area of the activity and meeting the criteria established by these Rules and Regulations.

002.32 “Responsible Operator” means a person or Agent other than an owner who operates a qualified activity and who has authority to enter into agreements relevant to matters covered by these Rules and Regulations.

002.33 “Retroreflective” means when light rays strike a surface and are redirected directly back to its source. It is the most commonly used means of making signs visible to the driver at night.

002.34 “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event the highway includes two or more separate roadways, “roadway” refers to any such roadway separately but not to all such roadways collectively.

002.35 “Route” means particular roads which collectively assist motorists in reaching their destination(s).

002.36 “Rural and Rural Area” means an area outside the limits of any municipality.

002.37 “Rural Conventional Road” means all highways and streets which comprise the designated state highway system, further described as 1) all highways or streets outside the limits of any municipality, exclusive of freeways and interchanges on expressways, and 2) all highways or streets within municipalities having a population of forty thousand people or less, exclusive of freeways and interchanges on expressways.

002.38 “Seasonal Closure” means when an activity is not open to the public for more than 14 continuous days.

002.39 “Seasonal Plaque” means a plaque that must be removed or covered during certain portions of the calendar year based upon seasonal closures of the activity.

002.40 “State Signing Standards” means those drawings and specifications published and adopted for use by the Department.

002.41 “Symbol” means the standard designs used in preference to word messages as shown in the MUTCD and the Standard Highway Signs and Markings book, published by the U.S. Department of Transportation and found on its website, http://mutcd.fhwa.dot.gov.

002.42 “Tourist” means motorists not residing in the immediate area of the activity.

002.43 “Tourist-Oriented Directional Sign (TODS) Panels” means a traffic control device located within the right-of-way of Rural Conventional Roads bearing separately affixed Activity plaques (not to exceed four) which provides specific directional information to qualified activities.

002.44 “Trailblazers” means supplemental guidance signs providing directional information from the Rural Conventional Road to a particular activity.

002.45 “Urban Area” means the area inside the limits of any municipality.

002.46 “Visible” as used in Neb.Rev.Stat. §§39-215, 39-216 and 39-220 in reference to advertising signs, displays, or devices, means the message or advertising content of such sign, display, or device is capable of being seen without visual aid by a person of normal visual acuity. A sign will be considered visible even though the message or advertising content may be seen but not read.

003 ELIGIBILITY REQUIREMENTS

003.01 The eligibility requirements are applicable to all TODS panels and Trailblazers erected.

003.02 The tourist-oriented activity, before qualifying to appear on a TODS panel, shall provide the Department or Agent with a written assurance of its conformity with all Federal and State laws relating to discrimination based on race, creed, color, sex, national origin, ancestry, political affiliation, religion and its conformity with the Americans with Disabilities Act (ADA). If the activity violates any of such laws, it shall lose its eligibility to appear on a TODS panel.

003.03 Any activity that has erected an advertising sign that does not comply with the requirements of Neb.Rev.Stat. §§39-213 through 39-226 and the Rules and Regulations Title 410, Chapter 3, section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System shall not be eligible to be identified on any of the TODS panels until all illegal signs are removed or brought into conformity with the law.

003.04 The activity also shall not have an official traffic control device which directs motorists to its business.

003.05 Tourist-oriented directional activity plaques shall include, but not be limited to, signs giving directions to recreational, historical, cultural, educational, or entertainment activities. In addition, unique or unusual commercial or nonprofit activities will also qualify. Each activity shall meet all the eligibility requirements.

003.06 The activity, service or business (including seasonal agricultural products) must derive the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area of the business or activity. A one-year initial grace period will be allowed for those activities without sufficient records to support the requirements of section 002.24.

003.07 The activity, service or business must have obtained all required approvals or licenses from the State or local agencies having jurisdiction, including permits or ordinances for the erection of Trailblazer signs, when necessary.

003.08 The activity must be open to the public during the normal season of the activity at least eight hours per day, five days per week, except that if the activity is a winery, the winery shall be open at least 20 hours per week. The business week must include a Saturday or a Sunday.

003.09 The activity shall be conducted in an appropriate building or area. It shall not be conducted in a building principally used as a residence unless there is a convenient and well-marked entrance, except that a “Bed and Breakfast” activity shall be excluded from this requirement.

003.10 An activity which requires more than three Trailblazer signs shall not qualify for a TODS panel.

003.11 Location of the Activity

003.11A The activity or site may be located in a rural area or urban area.

003.11B The activity or site must be located within five road miles of the highway, as measured from the gore of the intersection to the nearest point of intersection of the driveway of the qualified activity and the highway.

003.11C An activity which is located more than five and less than 15 miles from a Rural Conventional Road may request a waiver from the Department in order to apply for space on a TODS panel. The waiver may be given at the discretion of the Department where the business provides a tourist service different from those located within five miles of the intersection, where it is not located within five miles of another Rural Conventional Road and where no other directional signing is available for the activity.

003.11D An activity located on property contiguous to a Rural Conventional Road shall be eligible for straight ahead signing on that Rural Conventional Road only at the intersection nearest to the business. The activity must be located within the distance required by section 003.11B.

003.11E Signing for activities in the ahead direction shall be considered only when there is signing for a similar facility in either the right or left direction. The legend AHEAD in appropriate letter size may be used in lieu of directional arrows. The determination for ahead signing shall be made by the Department.

004 TOURIST-ORIENTED DIRECTIONAL SIGN PANELS

004.01 Location

004.01A The location of other official traffic control devices shall at all times take precedence over the location of TODS panels. The signs may be located laterally outside the normal longitudinal alignment of other traffic control signs, but within the right-of-way.

004.01B Not more than three TODS panels shall be installed on the approach at any intersection.

004.01C One TODS panel shall accommodate all activity plaques for the left-turn direction and one TODS panel will accommodate all Activity plaques for the right-turn direction, except as noted in Section 004.02B.

004.01D One TODS panel for the straight ahead direction shall be allowed per direction of travel, as provided in sections 003.11D and 003.11E. When a TODS panel for the ahead direction is allowed, the TODS panel shall be located to the far right corner of the intersection and shall not obstruct the driver’s view of other official traffic control devices.

004.01E The exact location of TODS panels shall be approved by the Department.

004.01F Advance Signing (“1/2 Mile” or “Next Right or Left”) may be installed in special circumstances. Advance signing shall be limited to those situations where sight distance, intersection vehicle maneuvers or other vehicle operating characteristics require advance notification of the activity to reduce vehicle conflicts and improve highway safety. The determination of whether advance signing will be allowed, shall be made by the Department. (Illustrations 5 and 6)

004.01G The intersection approach TODS panel shall be erected a minimum of 200 feet from the intersection except that the ahead sign, if used, shall be located to the far right corner of the intersection and shall not obstruct the view of traffic control devices.

004.01H Advance Signing, when used, shall be located approximately 1/2 mile from the intersection with 800 feet between the TODS panels. In the direction of traffic, the order of Advance Signing shall be for facilities to the left, right and ahead.

004.01I Spacing between each TODS panel shall be not less than 200 feet, or more than 500 feet. Spacing between a TODS panel and an official traffic control device shall be not less than 200 feet.

004.02 Order of Display

004.02A In the direction of traffic when approaching an intersection where more than one TODS panel is located, the order of TODS panels shall be:

004.02A1 First, activities signed for the left-turn direction.

004.02A2 Second, activities signed for the right-turn direction.

004.02A3 Third, far right corner of the intersection, activities signed for the AHEAD DIRECTION.

004.02B Where the total number of Activity plaques to both the right and left are four or less, they may be combined on one TODS panel. When approved Activity plaques are attached to one TODS panel, the order of the Activity plaques will be:

004.02B1 Top - activities signed for the left-turn direction.

004.02B2 Bottom - activities signed for the right-turn direction.

004.02C To the extent consistent with other requirements of this section, Seasonal plaques shall occupy the bottom position in a multiple plaque installation. In the event a TODS panel installation contains more than one Seasonal plaque, the plaque serving the business that has the shorter business season during the calendar year shall have the lower position. When a Seasonal plaque is removed or remounted the remaining plaques shall be repositioned to prevent gaps in the TODS panel.

004.03 TODS Panel Design

004.03A TODS panels shall consist of one heading plaque with the legend TOURIST ACTIVITIES and from one to four Activity Plaques. The design shall conform to the requirements of the MUTCD and these Rules and Regulations. (Illustrations 1 and 2)

004.04 TODS Material

004.04A Heading plaques and Activity plaques shall be fabricated from extrusheet aluminum panels, of the width and length required, conforming to the Standard Specifications for Type B signs, and individually attached to the sign supports. Reflective sheeting with legend and any logo should be affixed directly to the individual extrusheet panels.

004.04B Reflective sheeting shall be high quality Type III, IV, VII or XI Reflective Sheeting and shall comply with ASTM designation D 4956-09. Reflective sheeting shall be applied with mechanical equipment in accordance with the manufacturer’s specifications.

004.04C All aluminum shall be treated before applying the reflective sheeting according to the reflective sheeting manufacturer’s specifications.

004.05 Structural Supports

004.05A TODS panels shall be mounted on wood or steel posts which conform to the latest edition of the Nebraska Department of Transportation Standard Specifications for Highway Construction, sections 1071.02 and 1075.06. Wood posts shall be 4"x4" or 4"x6" as required. All 4"x6" wood posts shall be drilled to be breakaway as shown in Illustration 12. Steel posts for TODS panels shall be heavy weight, heavy mass, black or dark green “U” channel or may be galvanized square tube posts and shall incorporate a breakaway design approved by the Federal Highway Administration.

004.06 TODS Panel and Trailblazer Locations

004.06A Rural Areas - The edge of the signs shall be located a minimum of 15 feet from the travelled lane and five feet above the pavement edge. At intersections, signs located less than 100 feet from the cross road shall be mounted seven feet above the pavement edge.

004.06B Urban Areas - Signs shall be set back at least six feet from the roadway edge where possible, except when conditions inhibit placement of this distance then the minimum distance shall be two feet. In curbed areas, the setback shall be measured from the back of curb. In non-curb sections, the edge of the signs shall be a minimum of six feet from the travelled lane. All signs in urban areas shall be mounted seven feet above the ground level or pavement edge whichever is higher.

004.06C Tree Pruning - Trees or other herbaceous material which obscure TODS panel or Trailblazer sign message shall be pruned to the top elevation of such panel or sign for a distance of 200 feet in advance of such panel or sign. The jurisdiction having authority over the right of way in which the panel or sign is being placed shall be responsible for the pruning activities.

004.06D Underground Utilities and Services - The activity and/or the agent shall fully acquaint themselves with the requirement pertaining to any moving or excavation of earth material, and they shall hold harmless the State of Nebraska or its entities. When moving and excavating earth material, the digger must call the Diggers Hotline of Nebraska at 1-800-331-5666.

005 ACTIVITY PLAQUES

005.01 Each activity shall be limited to one Activity plaque for each direction of travel to that activity on the conventional road.

005.02 The content of the legend shall be limited to the identification of the activity, the distance to the activity, and the directional arrow. Legends shall not contain promotional advertising.

005.03 Times of operation may be included in the legend only if deemed to be necessary for the convenience of the motorist. This determination shall be made by the Department and shall be final. When times of operation are allowed, they must be incorporated into the two lines of legend.

005.04 Nationally approved symbols for services may be incorporated as alternates to word messages. Standard General Service symbols (section 2H), and white Recreational and Cultural Interest Area symbols (section 2D), as displayed in the MUTCD, may be used to indicate a general class of business.

005.05 Logos for specific businesses may also be used. The logo shall be reproduced in the colors and general shape consistent with customary use, and any integral legend shall be in proportionate size. No logos shall be permitted that resemble official traffic control devices in any manner.

005.06 When symbols or logos are used, they must be contained entirely within the border of the Activity plaque. If used with a word legend, the symbol or logo shall be placed to the left of the word legend. Activity plaques shall be designed and fabricated in accordance with specifications that will be made available to the applicant by the Department or Agent.

005.07 Design

005.07A Sign sizes shall be as specified in the MUTCD and these Rules and Regulations. All edges shall be smooth and free of burrs.

005.07B The Activity plaques shall be rectangular in shape and have a blue background with a white legend and border. Each plaque shall be allowed a maximum of two lines of legend and may include one symbol if desired. The legend shall be white on a blue background.

005.07C The size of the Activity plaques in rural areas shall be 72 inches wide, and 24 inches high. In urban areas, they shall not be less than 48 inches wide and 18 inches high nor more than 72 inches wide and 24 inches high. All physical dimensions shall be exact.

005.07D The legend on Activity plaques on major highways in rural areas shall be in letters and numerals at least six inches in height, and in urban areas six inches in height, except that in urban areas they may be either six inches or four inches in height, depending on the Activity plaque size used in section 005.07C.

005.07E Heading plaques and Activity plaques shall be fabricated from extrusheet aluminum panels, of the width and length required, conforming to the standard specifications for Type B Signs, and individually attached to the sign supports. Reflective sheeting with legend and any logo shall be affixed directly to the individual extrusheet panels.

006 TOURIST-ORIENTED DIRECTIONAL TRAILBLAZER SIGNS

006.01 Trailblazer signs shall be required at all intersections where the direction of the route changes or where it might be questionable as to which highway to follow.

006.02 No TODS panel shall be erected until adequate Trailblazers, as determined by the Department, are in place off the State Highway System.

006.03 Order of Display

006.03A Trailblazer signs shall be erected in the same order as TODS panels.

006.04 Design

006.04A Sign sizes, including the border, if any, shall be as specified in the MUTCD and these Rules and Regulations. The corners of the signs shall be trimmed to conform to the required radius as shown in Illustration 9. All edges shall be smooth and free of burrs.

006.05 Material

006.05A Trailblazer signs shall be fabricated from a single sheet of minimum thickness 0.10 aluminum of alloys 6061-T6 or 5052-H38.

006.06 Structural Supports

006.06A Trailblazer signs shall be mounted on wood or steel posts which conform to the requirements for Type “A” Signs as shown in Illustrations 11 and 12.

007 COORDINATION OF SPECIFIC INFORMATIONAL AND BUSINESS (LOGO) SIGNS AND TOURIST-ORIENTED DIRECTIONAL SIGN (TODS) PANELS

007.01 If TODS panels and Specific Informational and Business (Logo) signs are to be installed at the same intersection, the Logo signs, presently existing or having the potential to exist within the ensuing two years, will have the higher priority for the first four sign placement positions emanating from the intersection, as defined in the Rules and Regulations, Title 411, Chapter 4, section 004.01, Specific Informational and Business (Logo) Signs.

007.02 TODS panels will have the right to occupy the fifth and sixth sign placement positions, determined as defined in Chapter 4, section 004.01, cited above. However, if the Department and its Agent for the Logo program determine and agree, in writing, that any of the second through fourth positions can be relinquished, TODS panels may occupy these positions.

007.03 TODS panels and Logo signs shall not be intermingled or combined on the same sign structure.

008 ADMINISTRATIVE

008.01 The Department or the Agent shall give one public notice of intent to erect TODS panels at an intersection 30 days prior to accepting requests to place Activity plaques on the signs. Said notice of intent shall be published in a legal newspaper of the county or counties where the signs will be erected. Said notice shall specify from whom applications may be requested, and where or to whom said applications must be submitted for consideration.

008.02 Application

008.02A Written requests for space on the TODS panels shall be submitted to the Department or the Agent.

008.02B All requests must be made by the owner or responsible operator of a qualified activity.

008.02C A maximum of four Activity plaques each for the left-turn direction, right-turn direction and for the ahead direction will be available at any location.

008.02D In the event that the requests to place Activity plaques on TODS panels exceeds the available space, the following criteria shall be used to determine the allocation of spaces on TODS panels:

008.02D1 In all instances, those activities nearest to the intersection will be given priority.

008.02D2 The first four applications received from qualified activities shall be selected to place their Activity plaque on the TODS panel if said applicants meet the criteria set forth in these regulations. The applications may be received by either the Agent or the Department headquarters in Lincoln, Nebraska, whichever is designated in the public notice required in section 008.

008.02D3 Once the maximum number of activities are posted on the TODS panels at an intersection, other similar type activities closer to the intersection shall have priority over the first applicant. The first applicant shall have the right to occupy his or her space for one year from the date of installation or rental period.

008.03 Audit

008.03A At the request of the Department or Agent, the owner or responsible operator of an activity must provide any information and/or documentation available to the owner or responsible operator which demonstrates that the activity derives the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area of the activity. The owner or responsible operator of the activity shall keep, maintain, and make such information and/or documentation available for inspection and audit at any time, following reasonable notice, after an application for a TODS panel has been submitted. The records may include, but are not limited to, guestbooks, attendance records, license plate numbers, tax receipts, and credit card receipts.

008.04 Maintenance

008.04A The Department or Agent shall repair or replace within four weeks after damage occurs, any TODS panels that are destroyed or damaged by act of God or vehicle accident.

008.04B The Agent shall be responsible for washing all TODS panels and Activity plaques on an annual basis or at any time the reflectorized facing becomes dull.

008.04C The Agent shall be responsible for conducting an inspection annually on any breakaway mechanism for dirt or other obstruction that may interfere with the breakaway mechanism. All bolts shall be loosened and retorqued to proper specification.

008.04D The Agent shall be responsible for the cost of the relocation of TODS panels for highway improvements and shall complete the relocation within 60 days after notification that the sign must be removed.

008.05 Removal of Activity Plaques and Covering Seasonal Activity Plaques

008.05A The owner of any Activity plaque must be notified by certified mail a minimum of 30 days in advance of the removal of his or her plaque for any cause.

008.05B Activity plaques may be covered or removed for any of the following:

008.05B1 Failure to pay rental fee.

008.05B2 Owning signs, leasing a sign, or leasing space on signs that are in conflict with the Rules and Regulations, Title 410, Chapter 3, section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System.

008.05B3 Failure to meet the minimum requirements as set forth in the state statutes, these Rules and Regulations, and as provided under section 003.

008.05B4 Repeated delinquency as to any of the aforesaid violations.

008.05C If an activity is closed due to fire, accident, remodeling or other emergencies for more than seven, but not more than 90 days, then the Agent shall have the Activity plaque covered to prevent inconveniencing the traveling public. The business shall not lose its priority or be required to reapply prior to the normal expiration of its contract. Extensions of time beyond 90 days may be granted in such case where insurance claims or financial arrangements require additional time. However, an owner who, due to his or her own negligence, fails to open within the 90-day period may lose his or her right to occupy the TODS panel.

008.05D The Agent shall be responsible for covering, or removing and subsequently reinstalling, the Activity plaque for activities operated on a seasonal basis within five working days of the activities’ closure. Where all of the activities on a TODS panel are closed, the entire sign, including posts, shall be removed or the entire sign panel can be covered. In addition, all Trailblazer signs shall be removed or covered.

008.05E Sign and panel covers shall be constructed of opaque and reasonably substantial material, bearing no advertising or readable message, and be fastened in such a manner that wind and normal weather conditions will not dislodge, tear, or permit fluttering of the covering. Lost, torn, vandalized, or unsightly coverings shall be replaced as soon as weather and road conditions permit.

008.06 Fees for TODS Panels

008.06A The fee for placing Activity plaques on TODS panels shall include, but not be limited to: the fair market rental value of the sign site; fabrication, erection, maintenance or servicing of TODS panels and Activity plaques; removal or covering Activity plaques; other costs associated with the program; and when applicable, reasonable profit for the Agent operating the program. An additional fee shall be charged for required Trailblazer signs. The fee for each space on the TODS panel shall be the same for all activities, except seasonal activities. The annual fee paid by the seasonal activity may be reduced by the ratio that the number of full or partial months that the facility is closed to the public usage bears to the number of months in a year, but the resulting fee shall be not less than 50% of the annual fee. The lease agreement shall be for a term of not less than one year, nor more than five years. It shall specify the cost of Trailblazer signs and the covering of Seasonal plaques and other information that is necessary.

008.07 Oversight of the Agent by the Department

008.07A The Department shall review all proposed locations for TODS panels to determine if there is a conflict with existing signs or future sign installations. The Department may make spot checks of the leases with the applicant, check activities for compliance with state statutes and these regulations, and make such audits as may be necessary.

ANNOTATION

Title 411 Chapter 5

Enabling Legislation

§39-207 through 39-211 Neb. Rev. Stat.

ILLUSTRATIONS / EXAMPLES

History

• Effective 2019-06-08

Chapter 6 Use of Snowmobiles on the State Highway System

Neb. Admin. Code tit. 411, ch. 6 Use of Snowmobiles on the State Highway System {#sec-411-nac-6 omnilex-key=us-ne-regs-official--title-411--411 NAC 6}

001 DEFINITIONS

001.01 Department shall mean the Nebraska Department of Roads.

001.02 Freeway shall mean an expressway with full control of access.

001.03 Highway shall mean a road or street including the entire area within the right of way, which has been designated a part of the State Highway System.

001.04 Interstate highway shall mean a divided arterial highway for through traffic with full control of access and grade separation at intersections and which highway has been designated I-76, I-80, I-129, I-180, I-480 or I-680.

001.05 Motor vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds and self-propelled handicapped chairs.

001.06 Operate shall mean to ride in or on and control the operation of a snowmobile.

001.07 Operator shall mean every person who operates or is in actual physical control of a snowmobile.

001.08 Person shall mean any individual, partnership, corporation, the State and its agencies and subdivision, and any body of persons whether incorporated or not.

001.09 Right of way shall mean land, property, or interest therein, usually in a strip, acquired for or devoted to a road, street or highway.

001.10 Road shall mean a public way for the purpose of vehicle travel, including the entire area within the right of way. A road designated as part of the State Highway System may be called a highway while a road in an urban area may be called a street.

001.11 Roadway shall mean the portion of a highway, including shoulders for vehicular use.

001.12 Snowmobile shall mean a self-propelled motor vehicle designed to travel on snow or ice or a natural terrain, steered by wheels, skis or runners and propelled by a belt-driven track with or without steel cleats.

001.13 State Highway System shall mean the roads, streets, and highways shown on the map provided for in Section 39-1311, as forming a group of highway transportation lines for which the Department shall be the primary authority. The State Highway System shall include, but not be limited to: rights of way, connecting links, drainage facilities, and the bridges, appurtenances, easements and structures used in conjunction with such roads, streets, and highways.

002 NO SNOWMOBILE SHALL BE OPERATED AT ANY TIME WITHIN THE RIGHT OF WAY OF ANY INTERSTATE HIGHWAY OR FREEWAY WITHIN THIS STATE.

003 NO PERSON SHALL OPERATE A SNOWMOBILE WITHIN THE RIGHT OF WAY OF ANY OTHER ROAD OR HIGHWAY ON THE STATE HIGHWAY SYSTEM EXCEPT AS PERMITTED IN SECTIONS 003.01, 003.02, AND 003.03 .

003.01 In crossing a State Highway, all crossings shall be made as provided in Neb. Rev. Stat., Section 60-6,335, Subsections 2 through 4.

003.02 In Snow Emergencies in which:

003.02A The road has been closed to motor vehicle travel by the Department and;

003.02B Snowmobiles are the only practical mode of transportation to provide for the health and welfare of the public by performing such services as aiding stranded motorists, delivering medical supplies, fuel, food and livestock supplies and not for recreational purposes.

003.02C The snowmobile shall be operated only on the roadway of a closed segment of the highway, and shall comply with all licensing and insurance requirements and all applicable rules of the road as established for motor vehicles in the state statutes, and Neb. Rev. Stat., Chapter 60, Article 6.

003.03 As a registered contestant in an international or other sponsored snowmobile contest which has received the prior written approval of the Department.

004 SNOWMOBILE CONTEST PERMITS

004.01 The sponsoring group must make application to the Department at least six months in advance of any proposed snowmobile contest to be held within the highway right of way.

004.01A The application shall contain the exact location at which the contest is to be held, including point of beginning and point of termination, the route for detouring traffic, the names of all contestants, and a signing plan that will comply with the requirements of the Manual on Uniform Traffic Control Devices as adopted pursuant to Neb. Rev. Stat., Section 60-6,118.

004.01B The sponsoring group shall obtain the necessary written agreements with the County, City or Village to use the county road or street as a detour for highway traffic. The agreement shall contain a provision that the sponsoring group is responsible to the County, City or Village for any damage to the county road or streets and any damage to abutting land or landowner caused by the traveling public using the detour. Copies of this agreement shall be submitted with the application.

004.02 The Department will determine if it is in the best interest of the general public to permit the contest on the roadway of such segment of the State Highway System and if the proposal will create undue hardship on the traveling public by requiring the use of a detour. Those requests that are approved will have a permit issued subject to the following conditions:

004.02A The sponsoring group shall be responsible for all costs associated with detouring the traffic from the highway right of way, damages to the highway, and hold the Department harmless from any claims that may result from the use of the highway for the snowmobile contest.

004.02B The sponsoring group shall provide a $10,000 cash performance guarantee to the Department to cover any damages to the highway or expenses incurred by the Department due to the contest. The performance guarantee will be returned when the contest is over and the highway returned to its original condition. The group shall also provide a liability policy to the Department in the amount of one million dollars extended coverage with the Department named as additional insured.

004.02C All snowmobile operators shall comply with licensing and insurance requirements for motor vehicles as provided in the state statutes.

History

• Effective 2008-08-16