Conn. Agencies Regs. § 13a-123-2

Current through September 27, 2024
Section 13a-123-2 - Definitions

The following terms, when used in sections 13a-123-1 to 13a-123-14, inclusive, have the following meanings:

(a) "Centerline of the highway" means a line equidistant from the edges of the median separating the main traveled way of a divided interstate or other limited access highway, or the centerline of a main-traveled way of a nondivided highway.
(b) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign or sign structure.
(c) "Highway":
(1) An "interstate" highway is a highway that is included in the national system of interstate and defense highways described in subsection (d) of section 103 of Public Law 85-767, 85th Congress, Title 23 of the U.S. Code;
(2)*1 a "limited access highway" is any state highway, or designated portion thereof, which the commissioner of transportation, with the advice and consent of the governor and the attorney general, laid out and constructed so as to allow access thereto only at highway intersections or at designated points, when in their opinion such limitation of access would be in the interest of public convenience, safety and necessity pursuant to section 13a-59 of the general statutes or any predecessor statute;
(3) a "federal-aid primary highway" is a highway that is included in the primary system described in subsection (b) of section 103 of Public Law 85-767, 85th Congress, Title 23 of the U.S. Code;
(4) "limited access primary highway" is a federal-aid primary highway which is also a limited access state highway;
(5) "other limited access state highway" is a limited access state highway not on the interstate or federal-aid primary system;
(6) "non-limited access federal-aid primary highway" is a federal-aid primary highway which is not a limited access state highway.
(d) "Industrial or commercial zone" is an area zoned for industrial or commercial use under local ordinance or zoning regulation and which upon application is determined by the commissioner of transportation to be in actual use as an industrial or commercial area.
(e) "Maintain" means to allow to exist.
(f) "Main-traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders. In the case of divided highways, the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways or parking areas.
(g) "Protected areas" means all areas inside the boundaries of Connecticut which are adjacent to and within six hundred and sixty feet of the edge of the right-of-way of all portions of the interstate system, federal-aid primary and other limited access state highways. Where a portion of any of the above highways terminates at a state boundary which is not perpendicular or normal to the centerline of the highway "protected areas" also means all areas inside the boundary of Connecticut which are within six hundred and sixty feet of the edge of the right-of-way of any of the above highways in the adjoining state.
(h) "Sign" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative contents of which is visible from any part of the main-traveled way of the interstate system, federal-aid primary system or other limited access state highway.
(i) "State law" means a state constitutional provision or statute, or an ordinance, rule or regulation enacted or adopted by a state agency or political subdivision of the state pursuant to state constitution or statute.
(j) "Trade name" includes brand name, trademark, distinctive symbol or other similar device or thing used to identify particular products or services.
(k) "Unzoned industrial or commercial area" means those areas within six hundred and sixty feet of the edge of the right-of-way not zoned by state or local law, regulation or ordinance, which are occupied by one or more industrial or commercial activities, other than outdoor advertising signs, and the land along the highway for a distance of five hundred feet immediately adjacent to the activities.
(l) "Industrial or commercial activities" for the purposes of subdivision (k) of this section means those activities generally recognized as commercial or industrial, by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial:
(1) Agricultural, forester, grazing, farming and related activities, including but not limited to, wayside fresh produce stands,
(2) transient or temporary activities,
(3) activities not visible from the main-traveled way,
(4) activities conducted in a building principally used as a residence,
(5) railroad Cracks and minor sidings.
(m) "Visible" means capable of being seen, whether or not legible, without visual aid by a person of normal visual acuity.

1 *All interstate highways in Connecticut are limited access highways.

Conn. Agencies Regs. § 13a-123-2

Effective March 19, 1968