If you’ve ever driven down a highway or passed through a bustling part of town, you’ve probably seen billboards advertising everything from fast food to new apartment buildings. But what does it take to get a billboard up, and how are they regulated? This crash course in Billboard 101 will walk you through the basics, answering some of the most common questions people have about billboards in California.
Table of Contents
- What Are the Main Types of Billboards?
- Where Are Billboards Typically Allowed?
- Do I Need a Permit to Install a Billboard?
- How Are Billboards Regulated?
- What Are Digital Billboards and How Are They Different?
- What Are the Costs Involved in Setting Up a Billboard?
- How Do Billboard Leases Work?
- How Do Billboard Laws Differ Between States and Local Areas?
- Why Might a Billboard Permit Be Denied?
1. What Are the Main Types of Billboards?
Billboards come in a few main varieties, each suited for different advertising purposes:
- Static Billboards: The classic, printed displays that feature a single advertisement.
- Digital Billboards: High-tech screens that can rotate between multiple ads and include animated or even interactive content.
- Mobile Billboards: These billboards are mounted on trucks or other vehicles, allowing the advertisement to move around a city or specific area.
- Trivision Billboards: These have rotating slats that allow them to display three different messages, making them an economical option for multiple advertisers.
2. Where Are Billboards Typically Allowed?
In California, billboards are generally allowed in commercial and industrial zones, but they are subject to authority-specific zoning laws and regulations. Many local governments restrict billboard placement to specific areas to maintain aesthetic value or reduce driver distractions. Proximity to highways and high-traffic roads is also a factor, as these locations are highly sought after by advertisers.
Zoning laws often dictate the size, placement, and density of billboards. For example, some cities limit the distance between billboards to avoid clutter. Rural areas, urban areas, and state-controlled highways all have different restrictions.
3. Do I Need a Permit to Install a Billboard?
Yes, you generally need a permit to install a billboard, and these permits are issued by the local city or county planning department. The permitting process often includes a review of the proposed location, size, and type of billboard, as well as an assessment of whether it meets the relevant zoning regulations.
The requirements can vary widely depending on the jurisdiction, and California has specific rules about environmental reviews and other regulations. In addition, some areas might have a moratorium on new billboards, meaning no new permits are issued. Permit costs can also add up, especially if an environmental review or traffic impact study is required.
Read more: Three Things You Need to Know Before Installing a Billboard.
4. How Are Billboards Regulated?
In California, billboards are regulated by a combination of federal, state, and local laws. At the federal level, the Highway Beautification Act of 1965 regulates billboards along interstate and federally-funded highways. This act was intended to control the size, lighting, and placement of billboards to maintain scenic beauty along these routes.
California, along with its cities, adds its own layers of rules, often limiting how bright digital billboards can be, the distance between structures, and even the type of advertising allowed. Understanding the regulatory landscape is crucial before installing a billboard, as non-compliance can lead to fines or removal.
5. What Are Digital Billboards and How Are They Different?
Digital billboards are LED-powered screens capable of displaying multiple rotating advertisements. They are highly versatile because advertisers can update messages quickly and even run time-sensitive ads (such as event promotions or flash sales).
However, digital billboards face stricter regulations compared to traditional static billboards. This is mainly because of concerns related to driver distraction due to their brightness and animation. Many jurisdictions have specific rules about how often the image can change and limits on brightness, especially at night.
6. What Are the Costs Involved in Setting Up a Billboard?
Setting up a billboard involves a variety of costs:
- Permit Fees: These vary based on location and the type of billboard.
- Construction Costs: Building the physical structure, particularly for large digital boards, can cost tens of thousands of dollars.
- Leasing the Land: If you don’t own the property, you’ll need to lease the land from the property owner, which adds a recurring cost.
- Maintenance: Upkeep is essential to ensure safety and compliance, and digital billboards may have additional power and technical maintenance costs.
The investment can be substantial, which is why it’s important to have legal and business advice on how to structure leases and make sure permits are valid.
7. How Do Billboard Leases Work?
Billboard leases involve an agreement between the billboard owner and a property owner. Typically, billboard companies lease a section of land on which to build and maintain the billboard, and in return, they pay the landowner a percentage of advertising revenue or a fixed monthly fee.
Lease agreements should clearly spell out who is responsible for maintenance, liability, insurance, and the duration of the lease. Negotiating a favorable lease can be the difference between making a profit and operating at a loss, so it’s worth seeking professional advice when drafting or signing one.
8. How Do Billboard Laws Differ Between States and Local Areas?
In California, billboard laws can vary significantly depending on the city or county. For example, in one state, digital billboards may be allowed along highways, while in another, they could be banned entirely to protect scenic views. Local municipalities might also add their own restrictions, like limiting billboards near schools or requiring them to be set back a certain distance from the road.
It’s important to understand both state and local rules. Working with a law firm that specializes in outdoor advertising can help you navigate these differences, particularly if you’re looking to install billboards across different cities or counties in California.
9. Why Might a Billboard Permit Be Denied?
Billboard permits can be denied for several reasons, including:
- Zoning Conflicts: If the location is not zoned for advertising use.
- Proximity Restrictions: If there are already billboards nearby, some areas have strict minimum distance requirements between structures.
- Community Opposition: Public hearings are sometimes part of the permitting process, and community members can oppose billboard projects if they feel it impacts property values or neighborhood character.
- Environmental or Scenic Impact: Areas with scenic value or environmental protections may restrict billboards to preserve natural views.
In these cases, you might be able to appeal or modify your plan to meet requirements. Engaging a knowledgeable law firm can greatly increase your chances of overcoming these hurdles by building a strong case for why the billboard should be allowed.
Ready to Get Started with Your Billboard Project?
Billboards are a powerful advertising tool, but getting them installed in California involves more than just finding a great location. Between zoning laws, permits, and lease agreements, it can get complicated quickly. That’s why understanding these commonly asked questions is a crucial first step. If you’re considering getting into the billboard business in California, having informed legal guidance can help you make sense of the regulations and avoid costly mistakes.
At Hamlin | Cody, we specialize in helping our clients navigate the complexities of billboard law, from initial planning through to installation. Reach out to us if you need assistance or have further questions about getting started in the billboard industry.