Building and permits · Guide
Billboard Permits: Federal Law and How the States Compare
By Gabie Research · Updated Oct 12, 2026 · 11 min read
Short answer
A billboard within 660 feet of an Interstate or federal-aid primary highway needs a state permit. The Highway Beautification Act of 1965 makes each state control these signs or lose 10% of its federal highway funds. Each state sets its own spacing, size, digital and fee rules. Most states in our guides also want local zoning approval.
- Federal law (23 U.S.C. 131) controls billboards within 660 feet of Interstates, the 1991 federal-aid primary system and the National Highway System.
- Billboards are allowed there only in zoned or unzoned commercial and industrial areas.
- States set spacing, size and lighting through agreements with FHWA, so the numbers differ a lot.
- Digital hold times run from 4 seconds in California and Virginia to 10 in Georgia and Illinois.
- Vermont, Maine, Hawaii and Alaska ban billboards by state law.
Yes, you need a permit to put up a billboard near a major highway. A federal law, the Highway Beautification Act of 1965, makes each state control these signs. The state DOT issues the permit. Each state sets its own spacing, size, digital and fee rules. Most states in our guides also want local zoning approval.
This guide covers the federal rules, how the states differ, and links to our state guides.
What does federal law require?
The Highway Beautification Act is now 23 U.S.C. 131. Its goal is to protect the public's investment in highways, keep travel safe and preserve natural beauty.
The law works through money. A state that fails to keep "effective control" of billboards loses 10% of its federal highway funds. So every state runs a permit program.
The law sets a few hard rules:
- Near controlled roads, only some signs are allowed. These include official signs, on-premise signs and for-sale signs.
- Billboards (off-premise signs) are allowed only in zoned or unzoned commercial and industrial areas.
- States set size, lighting and spacing in agreements with the Federal Highway Administration (FHWA).
- A state may set stricter rules than the federal ones.
- A lawful sign removed under the law must be paid for.
Which roads are controlled?
Federal control covers three kinds of roads, FHWA says:
- Interstates
- The federal-aid primary system as it stood on June 1, 1991
- Roads added later to the National Highway System
A road on the primary system in 1991 stays controlled, even if its class changes.
The control zone depends on where you are. In urban areas, control covers signs within 660 feet of the edge of the right-of-way. Outside urban areas, it reaches as far as a driver can read the sign. The states in our guides define an urban area as a place of 5,000 people or more.
Scenic byways on these roads are closed to new billboards.
Some states control more roads than federal law needs. Florida covers its whole State Highway System outside urban areas. California and Texas also cover signs along other roads in unincorporated areas.
What counts as a commercial or industrial area?
A billboard near a controlled road must sit in a commercial or industrial area. There are two kinds.
Zoned areas. The state accepts local zoning for business or industry. But zoning must be part of a real plan. Under 23 CFR 750.708, zoning made mainly to allow billboards doesn't count. A zone that allows business only as a side use doesn't count either.
Unzoned areas. Land with no zoning can qualify if it has a working business. Each state defines how far the area reaches from that business. The numbers vary:
| State | Unzoned commercial area reaches | Source |
|---|---|---|
| Tennessee | 600 ft from the business, each direction | TDOT Rule 1680-06-03 |
| Georgia | 600 ft from the business, each direction | O.C.G.A. 32-6-71 |
| Illinois | Within 600 ft of the business | 225 ILCS 440/3.11 |
| North Carolina | Sign within 600 ft of the business | 19A NCAC 02E .0203 |
| New York | 700 ft from the business | 17 NYCRR 150.1 |
| Pennsylvania | 800 ft from the business | 67 Pa. Code 445.2 |
| Ohio | 850 ft along the road next to the business | ORC 5516.01 |
| California | Within 1,000 ft of the business | B&P Code 5205, 5223 |
| Florida | 3+ businesses within 1,600 ft; one within 800 ft | Fla. Stat. 479.024 |
| Texas | 800 ft each way and 660 ft deep, with 2+ businesses | 43 TAC 21.162 |
Farms, homes and other billboards never count as a business.
How do spacing and size rules differ?
FHWA lets each state set spacing, size and lighting based on "customary use." The result is a patchwork.
On Interstates, most states in our guides space billboards 500 feet apart. Tennessee, Louisiana, Oklahoma and Michigan use 1,000 feet. Missouri uses 1,400 feet. Florida and Texas use 1,500 feet. On other primary roads, 300 feet outside towns and 100 feet inside is common.
More than half the states in our guides cap a face at 1,200 square feet. Most of those allow 25 or 30 feet of height and 60 feet of length. Some go lower. Texas, Alabama, South Carolina and Mississippi cap a face at 672 square feet. Tennessee caps it at 775 square feet in most counties. Missouri caps it at 800, and Florida at 950. Kentucky allows 1,250. A standard 14 x 48 foot bulletin is 672 square feet. It fits in every state in our guides.
How do digital billboard rules differ?
Digital billboards are allowed only where a state has adopted rules for them. FHWA set the baseline in a 2007 memo. It said such rules should:
- Hold each message 4 to 10 seconds, with 8 seconds recommended
- Change between messages in 1 to 4 seconds, with 1 to 2 recommended
- Adjust brightness to the light around the sign
- Keep at least the normal spacing between signs
States then went their own way. The minimum hold time is 4 seconds in California and Virginia. It is 10 in Georgia and Illinois. On major highways, spacing between digital signs runs from 1,000 feet to 5,000 feet. Only a few states in our guides publish a brightness number.
Most states bar making a nonconforming sign digital. FHWA's memo calls that a substantial change.
How do the states compare?
| State | Permit agency | Interstate spacing | Max face | Digital hold | State fees | Guide |
|---|---|---|---|---|---|---|
| Alabama | ALDOT district offices | 500 ft | 672 sq ft (new signs) | 8 sec | $25 new; $10/yr | Alabama |
| Arkansas | ARDOT Beautification Section | 500 ft (1,500 between digital) | 1,200 sq ft | 8 sec | $40 new; $20 or $30 per 2 years | Arkansas |
| California | Caltrans Outdoor Advertising | 500 ft (freeways) | 1,200 sq ft | 4 sec | $250 to $500/yr license; $300 new; $100/yr per display | California |
| Florida | FDOT Outdoor Advertising Office | 1,500 ft | 950 sq ft | 6 sec | $300/yr license; $71/yr per face | Florida |
| Georgia | GDOT Outdoor Advertising Office | 500 ft | 1,200 sq ft | 10 sec | $300 new; $85/yr | Georgia |
| Illinois | IDOT Bureau of Land Acquisition | 500 ft | 1,200 sq ft (800 in most counties) | 10 sec | $50 to $200 once; no renewal | Illinois |
| Kentucky | KYTC Permits Branch | 500 ft (2,500 between digital) | 1,250 sq ft (672 digital) | 8 sec | $150 static or $250 digital; $100/yr | Kentucky |
| Louisiana | DOTD Outdoor Advertising | 1,000 ft | 1,200 sq ft (672 digital) | 8 sec | $250 new over 300 sq ft; $25/yr | Louisiana |
| Michigan | MDOT Highway Advertising Program | 1,000 ft | 1,200 sq ft in most counties | 8 sec | $100 static or $200 digital; $50 to $200/yr; no new permits since 2007 | Michigan |
| Mississippi | MDOT Maintenance Division | 500 ft | 672 sq ft | 8 sec | $85 new; $20/yr; $1,000 bond | Mississippi |
| Missouri | MoDOT Outdoor Advertising | 1,400 ft | 800 sq ft | 8 sec | $200 once; $100 every 2 years | Missouri |
| New York | NYSDOT regional Right of Way offices | 500 ft | 1,200 sq ft | 8 sec | $20 to $100/yr per face; $50 inspection | New York |
| North Carolina | NCDOT Division of Highways | 500 ft | 1,200 sq ft | 8 sec | $120 new; $60/yr per structure | North Carolina |
| Ohio | ODOT Advertising Device Control | 500 ft | 1,200 sq ft | 8 sec | $225 new; $125 per 2 years per face | Ohio |
| Oklahoma | ODOT Outdoor Advertising Control Branch | 1,000 ft | 1,200 sq ft | 8 sec | $100 per sign; $20 per 2 years; license $400, then $200/yr | Oklahoma |
| Pennsylvania | PennDOT district offices | 500 ft | 1,200 sq ft | 5 sec | $10 to $30/yr by size | Pennsylvania |
| South Carolina | SCDOT Outdoor Advertising Office | 500 ft | 672 sq ft | 6 sec | $100 once; $20 or $30/yr by size | South Carolina |
| Tennessee | TDOT Right-of-Way Division | 1,000 ft | 775 sq ft (1,200 in big counties) | 8 sec | $200 new per face; renewal yearly | Tennessee |
| Texas | TxDOT Commercial Signs Regulatory Program | 1,500 ft (freeways) | 672 sq ft | 8 sec | $125 license; $100 per permit; $75/yr plus $75 per permit | Texas |
| Virginia | VDOT Office of Land Use | 500 ft | 1,200 sq ft | 4 sec | $15 to $165/yr per face by size; $50 inspection | Virginia |
Each state guide lists its sources, row by row. Fees and rules change, so check the agency before you rely on a number.
How long does a permit take, and when do you renew?
Review times and renewal cycles vary as much as spacing does.
| State | Decision time | Renewal | Source |
|---|---|---|---|
| Tennessee | Aims for 60 days | Every year, Nov. 1 to Dec. 31 | TDOT Rule 1680-06-03; T.C.A. 54-21-104 |
| Texas | 90 days (60 on rural roads) | One license renewal a year, by Nov. 1 | 43 TAC 21.147, 21.159 |
| Florida | 30 days | Every year; permits expire Jan. 15 | Fla. Stat. 479.07 |
| Georgia | 60 days | Every year; permits expire April 1 | O.C.G.A. 32-6-74 |
| California | 60 days | 5-year cycle (2024 to 2028) | 4 CCR 2422, 2424 |
| North Carolina | 45 days, or deemed approved | Every year, by April 15 | G.S. 136-133; 19A NCAC 02E .0207 |
| Ohio | Not published | Every 2 years, in odd years | OAC 5501:2-2-05 |
| Pennsylvania | 60 days, or deemed denied | Every year, near the permit's anniversary month | PennDOT PUB 581 |
| Illinois | About four weeks, per IDOT | None; valid while the sign stands | IDOT; 225 ILCS 440/8 |
| New York | Not published | Every year | 17 NYCRR 150.15 |
A missed renewal is serious. In several states, the sign then becomes illegal and can be removed.
Can you cut trees in front of a billboard?
In most states, only with a state permit. Texas doesn't allow it at all. Trees on the highway right-of-way belong to the state. Cutting them without leave can bring big fines and cost you the sign permit.
The permits differ a lot. Some charge a flat fee, like North Carolina's $400 a year. Others, like Florida and Georgia, also charge for the value of the trees removed. Some cap the cut zone at 500 feet or less. Our state guides list each state's terms.
What is a nonconforming sign?
A nonconforming sign was legal when it went up. A later law or rule made it fail the standards. Federal rules in 23 CFR 750.707 set the basics:
- The sign must stay substantially the same.
- Normal repair and a change of ad are fine.
- It can't be moved and stay nonconforming. A moved sign must go to a conforming site.
- It loses its status if it is destroyed, abandoned or discontinued.
- A state must pay just compensation to remove a lawful one.
States add their own tests. They set how much repair is too much and when a sign counts as destroyed. They also set how long it can sit blank. Our state guides give each one.
Which states ban billboards?
Four states ban off-premise billboards by state law:
- Vermont. No outdoor advertising visible to travelers, except as the law allows, under 10 V.S.A. 488.
- Maine. No signs visible from a public way, except as the law allows, under 23 M.R.S. 1908.
- Hawaii. No billboards, except listed exceptions, under HRS 445-112.
- Alaska. No outdoor advertising within 660 feet of Interstate, primary or secondary highways, under AS 19.25.105.
The exceptions cover things like official signs and signs on a business's own property.
Do you need a local permit too?
Almost always, yes. Federal law lets states and towns be stricter. Most states also make you show local approval.
- Pennsylvania, California and Georgia want local approval before the state acts.
- Florida wants a local official's statement that the sign meets local rules.
- Ohio wants proof you applied locally, then a copy of the local permit.
- Tennessee's form asks only for the zoning. Check with your city or county anyway.
- In Texas, 36 certified cities issue the permit instead of TxDOT.
Many states also limit how towns can remove lawful signs. North Carolina, Georgia and California make local governments pay for them.
How do you get a billboard permit?
The steps are much the same in every state:
- Check that the road is a controlled route on the state's map.
- Confirm the site is zoned commercial or industrial, or meets the unzoned test.
- Measure spacing to other signs, interchanges and protected sites.
- Sign a ground lease, or get the landowner's written consent.
- Get local zoning approval or a local permit.
- Mark the site with a stake or flag if the state asks.
- File the state application with drawings and the fee.
- Build within the deadline, then post the permit tag where drivers can see it.
- Renew on time. A missed renewal can make the sign illegal.
Read how to start a billboard business for the steps before a permit. See billboard lease rates for what landowners get paid.
This is a summary, not legal advice. Check with the agency before you build or sign.
Questions people ask
Do you need a permit to put up a billboard?
Yes. Near any Interstate, federal-aid primary road or National Highway System road, you need a state permit. Most states also want proof of local zoning approval or a local permit.
What is the Highway Beautification Act?
A 1965 federal law, now 23 U.S.C. 131. It makes states control billboards near major highways, or lose 10% of their federal highway money.
How far apart do billboards have to be?
It depends on the state and the road. On Interstates, most states in our guides use 500 feet. Four use 1,000 feet, Missouri uses 1,400, and Florida and Texas use 1,500.
How big can a billboard be?
Most states cap a face at 1,200 square feet. Texas caps it at 672 square feet, Tennessee at 775 in most counties and Florida at 950.
Which states ban billboards?
Vermont, Maine, Hawaii and Alaska ban off-premise billboards by state law, with narrow exceptions such as official and on-premise signs.
What is a nonconforming billboard?
A sign that was legal when built but doesn't meet later rules. It can stay with normal upkeep, but it can't be enlarged or moved, and removal requires just compensation.
Sources
- 0123 U.S.C. 131, Control of outdoor advertising · Legal Information Institute, Cornell Law School · accessed Oct 8, 2026
- 02A History and Overview of the Federal Outdoor Advertising Control Program · FHWA · accessed Oct 8, 2026
- 03Guidance on Off-Premise Changeable Message Signs (Sept. 25, 2007) · FHWA · accessed Oct 8, 2026
- 0423 CFR 750.707, Nonconforming signs · Legal Information Institute, Cornell Law School · accessed Oct 8, 2026
- 0523 CFR 750.708, Acceptance of State zoning · Legal Information Institute, Cornell Law School · accessed Oct 8, 2026
- 0610 V.S.A. 488, Prohibition of other outdoor advertising · Vermont General Assembly · accessed Oct 8, 2026
- 0723 M.R.S. 1908 · Maine Legislature · accessed Oct 8, 2026
- 08HRS 445-112, Billboards prohibited · Hawaii State Legislature · accessed Oct 8, 2026
- 09AS 19.25.105, Limitations of outdoor advertising signs, displays, and devices · Alaska State Legislature · accessed Oct 8, 2026
- 10Outdoor Advertising Control Program · Tennessee Department of Transportation · accessed Oct 8, 2026
- 11Commercial Signs Regulatory Program · Texas Department of Transportation · accessed Oct 8, 2026
- 12Outdoor Advertising · Florida Department of Transportation · accessed Oct 8, 2026
- 13Outdoor Advertising · Georgia Department of Transportation · accessed Oct 8, 2026
- 14Outdoor Advertising (ODA) · Caltrans · accessed Oct 8, 2026
- 15Outdoor Advertising · NCDOT · accessed Oct 8, 2026
- 16Advertising Device Control (ADC) Permits · Ohio Department of Transportation · accessed Oct 8, 2026
- 17Outdoor Advertising Control · PennDOT · accessed Oct 8, 2026
- 18Outdoor Advertising · Illinois Department of Transportation · accessed Oct 8, 2026
- 19Off-Premises Signs · NYSDOT · accessed Oct 8, 2026
- 20Outdoor Advertising (Highway Beautification Act) permits · ALDOT · accessed Oct 12, 2026
- 21Outdoor Advertising Devices · Kentucky Transportation Cabinet · accessed Oct 12, 2026
- 22Outdoor Advertising · SCDOT · accessed Oct 12, 2026
- 23Outdoor Advertising · VDOT · accessed Oct 12, 2026
- 24Outdoor Advertising · MoDOT · accessed Oct 12, 2026
- 25Outdoor Advertising · Louisiana DOTD · accessed Oct 12, 2026
- 26Business Center: Outdoor Advertising · Oklahoma DOT · accessed Oct 12, 2026
- 27Beautification Section · ARDOT · accessed Oct 12, 2026
- 28Highway Advertising (Billboards) · Michigan DOT · accessed Oct 12, 2026
- 29Outdoor Advertising · Mississippi DOT · accessed Oct 12, 2026
Billboard operations and sales research
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Published Oct 8, 2026 · Updated Oct 12, 2026 · How we check facts