Historical Note
Part renum. Part 106, new added by renum. Part 104, filed Feb. 18, 1970; repealed, new (§§105.1-105.7) filed Aug. 23, 1974; repealed, new (§§ 105.1-105.6) filed Oct. 21, 1983 eff. Nov. 1, 1983.

§ 105.1 Statutory reference.
The erection or maintenance of any advertising device, located within 660 feet of the nearest edge of the right-of-way of the Thruway is prohibited pursuant to section 361-a of the Public Authorities Law.

Historical Note
Sec. renum. 106.1, new added by renum. 104.1, filed Feb. 18, 1970; repealed, new filed:
Aug. 23, 1974; Oct. 21, 1983 eff. Nov. 1, 1983.

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§ 105.2 Definitions.
For the purposes of this Part, the following definitions shall apply:

• Advertising device shall include any billboard, sign, notice, poster, display or other device intended to attract or which does attract the attention of operators of motor vehicles on the Thruway, and shall include a structure erected or used in connection with the display of any such device and all lighting or other attachments used in conjunction therewith.
• Off-premises device shall include an advertising device displaying a message pertaining to a business or service not conducted or provided on the property on which the device is located.

Historical Note
Sec. renum. 106.2, new added by renum. 104.2, filed Feb. 18, 1970; repealed, new filed: Aug. 23, 1974; Oct. 21, 1983 eff. Nov. 1, 1983.

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§ 105.3 Prohibited advertising devices.

• advertising devices which advertise activities that are illegal under Federal, State or municipal laws or regulation;
  • advertising devices which advertise activities that are illegal under Federal, State or municipal laws or regulation;
  • obsolete advertising devices;
  • advertising devices not securely affixed in place;
  • advertising devices which purport to be or are imitations of or resemble or are likely to be construed as official traffic control devices or railroad signs or signals, or which attempt to direct or regulate the movement of traffic, or which hide from view or interfere with the effectiveness of any official traffic control device or any railroad sign or signal;
  • advertising devices which prevent the driver of a vehicle from having a clear and unobstructed view;
  • advertising devices which contain, include or are illuminated by any flashing, intermittent or moving light or lights;
  • advertising devices which permit beams or rays of light to be directed at any portion of the Thruway system, or which cause glare and tend to interfere with any driver's operation of a vehicle on the Thruway system;
  • advertising devices which move or have any animated or moving parts;
  • advertising devices on trees, rocks or other natural features;
  • advertising devices which, based on established policy or in the judgment of the Thruway Authority, constitute a traffic hazard; and
  • off-premises devices, except that the following off-premises devices may be permitted under this Part: devices located in areas within 660 feet of the nearest edge of the right-of- way which are zoned industrial or commercial under authority of State law and which lie within the boundaries of cities having a population greater than 250,000, provided that no off- premises advertising device shall be permitted to be maintained within 660 feet of the nearest edge of the Niagara section right-of-way within the city of Buffalo north of Elm Street.
• Whenever an off-premises advertising device prohibited under subdivision (a) of this section, but lawful under prior law, is located in areas within 660 feet of the nearest edge of the right-of-way of Interstates 84 or 287, and construction of same at its present location commenced with respect to Interstate 84 on or before September 1, 1992 and with respect to Interstate 287 on or before April 1, 1991, the same may continue to be maintained, subject to permitting under this Part, for a reasonable period not to exceed the longer of two years from commencement of construction or the period which the owner of the advertising device can demonstrate is necessary to avoid substantial financial loss. In determining what constitutes substantial financial loss, the authority may consider such factors as initial capital investment, investment realization at the time of the permit application, life expectancy of the investment, the existence or non-existence of a lease obligation, and existence of a contingency clause permitting termination of the lease. Failure to apply for a permit under this Part shall constitute presumptive evidence that immediate removal of the off-premises advertising device will cause no substantial economic loss.

Historical Note
Sec. renum. 106.3, new added by renum. 104.3, filed Feb. 18, 1970; repealed, new filed: Aug. 23, 1974; Oct. 21, 1983; amd. filed June 8, 1993 eff. June 23, 1993.

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§ 105.4 Exclusions.

• Excluded from these regulations are:
  • advertising devices which are not visible from any traveled portion of the Thruway system;
  • advertising devices for which the attraction is deemed incidental by the Thruway Authority;
  • directional or other official signs and signals erected or maintained by the State or other public agency having jurisdiction; and
  • information required or authorized by law to be posted or displayed thereon.

Historical Note
Sec. added by renum. 104.4, filed Feb. 18, 1970; repealed, new filed: Aug. 23, 1974; Oct. 21, 1983 eff. Nov. 1, 1983.

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§ 105.5 Permits.
Application for a permit or renewal thereof for each separate advertising device shall be on forms adopted by the Thruway Authority and shall contain such information as the Thruway Authority may require.

Historical Note
Sec. added by renum. 104.5, filed Feb. 18, 1970; repealed, new filed: Aug. 23, 1974; Oct. 21, 1983 eff. Nov. 1, 1983.

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§ 105.6 Restrictions as to Thruway lands.
Notwithstanding the purpose for which it may be erected or the persons to whom it may be visible, no advertising device shall be erected or maintained on lands under the jurisdiction of the Thruway Authority except devices erected by the Thruway Authority or with the consent of the Thruway Authority.

Historical Note
Sec. added by renum. 104.6, filed Feb. 18, 1970; repealed, new filed: Aug. 23, 1974; Oct. 21, 1983 eff. Nov. 1, 1983.

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§ 105.7 (Repealed)

Historical Note
Sec. added by renum. 104.7, filed Feb. 18, 1970; repealed, new filed Aug. 23, 1974; repealed, filed Oct. 21, 1983 eff. Nov. 1, 1983.

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