Digital sign

on 421 is legal
By Scott Nicholson
nicholson@wataugademocrat.com

A long battle over a scenic byway designation for the improved section of U.S. 421 was designed partly to keep billboards from the eastern gateway to Boone, but some people are questioning a new digital sign near the highway.

The sign is a replacement for a traditional billboard that was in existence on the “old” section of the roadway before the new four-lane opened and meets both state and county regulations.

Brandon Greer, transportation technician for the N.C. Department of Transportation’s district office, said the sign is actually permitted for Old U.S. 421 and falls under regulations of the state’s Outdoor Advertising Act, which places restrictions along controlled state roads. Those generally include all roads with a “U.S.” or “N.C.” designation.

“The qualifications still apply for the old road,” Greer said. “Billboards are not allowed along scenic byway routes. It was permitted for Old U.S. 421 and is off the (state) right of way and qualifies on that route.”

County planning director Joe Furman said the sign met all county ordinances and his office worked with NCDOT on reviewing the application last year. Even if it had been on the scenic byway route, it would have been “grandfathered” because it was standing before the new route opened.

The sign, which advertises businesses on a constantly rotating basis, meets all size and spacing specifications. Greer said controlled routes such as Old U.S. 421 had billboards limited to commercial properties unless they existed before the state regulations.

“The act does have height, length and width limitations and there are spacing requirements,” Greer said. “In an unzoned area like Watauga County, you have to have a commercial or industrial activity, so you don’t see signs popping up on secondary roads unless they were already there.”

Under the state act, signs are limited to a maximum of 1,200 square feet, 30 feet in height and 60 feet in length. Signs can’t interfere with traffic or traffic signals and on freeways; billboards must be at least 500 feet apart. Outside of incorporated towns or cities, billboards on state-controlled routes must be at least 300 feet apart.

“Automatic changeable facing signs” must maintain a fixed image for at least eight seconds and can’t have animated or scrolling advertising, nor can they contain flashing or moving lights. Such signs must be at least 1,000 feet apart.

Greer said businesses near the scenic byway have the right to on-premises signs for their businesses, assuming they are off the state right of way and meet any other local sign ordinances.

The right of way along the new section of U.S. 421, designated as the “Doc and Merle Watson Highway,” varies in length and generally follows a maintenance fence line.

The highway was designated by the N.C. Board of Transportation as a scenic byway in December 2003 after a contentious debate over community preservation versus individual property rights.

In December 2005, the Watauga County commissioners formally expressed concern over an interchangeable NCDOT informational sign on U.S. 321 between Boone and Blowing Rock, saying it contradicted the state’s effort to protect the Doc and Merle Watson Highway.