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Memorandum: FAST Act Information Regarding Service Club, Charitable Association, Or Religious Service Signs

Purpose

The purpose of this message is to make you aware of the following Fixing America’s Surface Transportation (FAST) Act provision:

• SEC. 1425. SERVICE CLUB, CHARITABLE ASSOCIATION, OR RELIGIOUS SERVICE SIGNS.
• Notwithstanding section 131 of title 23, United States Code, and part 750 of title 23, Code of Federal Regulations (or successor regulations), if a State notifies the Federal Highway Administration, the State may allow the maintenance of a sign of a service club, charitable association, or religious service organization–
  • (1) that exists on the date of enactment of this Act (or was removed in the 3-year period ending on such date of enactment); and
  • (2) the area of which is less than or equal to 32 square feet.

Background

Under 23 CFR 750.153(p), service club signs and religious notices relating to meetings of nonprofit service clubs or charitable associations, or religious services cannot exceed 8 square feet in area.

Discussion

The FHWA’s Highway Beautification Act regulation at 23 CFR 750.153(p) will continue to allow service club signs and religious notices which do not exceed 8 square feet in area. The exception to this requirement in the FAST Act provides that a State Department of Transportation may allow service club signs and religious notices less than or equal to 32 square feet IF they were in existence as of the December 4, 2015 (FAST Act enactment date) or were removed on or after December 4, 2012 (three years prior to the FAST Act enactment date). The FAST Act language does not apply to service club signs or religious notices that were not in existence on December 4, 2015, or ones that were removed prior to December 4, 2012.

Conclusion

This memorandum is intended to provide clarification regarding the FAST Act provision regarding service club signs and religious notices. For more information, you may contact Dawn Horan at dawn.m.horan@dot.gov or 202-366-4842, or Clifford Pearson at clifford.pearson@dot.gov or 202-366-9488.