NAHBANAHBA2006 Annual Education 2006 Annual Education

Conference Conference August 27 – 30, 2006August 27 – 30, 2006

Think different.Think different.

Basis in HBA: States’ RightsBasis in HBA: States’ Rights

Basis in HBA: 1992 Basis in HBA: 1992 AmendmentAmendment

State“in its

discretion”

Basis in HBA: “to Basis in HBA: “to promotepromote the the reasonable, orderly and effective reasonable, orderly and effective

displaydisplay of OA” of OA”

Basis in state storm damage Basis in state storm damage lawslaws

Grace periodGrace period Storm damage repairStorm damage repair

For Example…Basis in TN For Example…Basis in TN lawlaw

Basis in federal regs: “each Basis in federal regs: “each state shall develop its own state shall develop its own

criteria”criteria”23

Highways

Basis in federal regs: “a sign Basis in federal regs: “a sign maymay be considered destroyed” be considered destroyed”

23

Highways

Basis in federal regs: “states Basis in federal regs: “states shall submit regulations for shall submit regulations for

approval”approval”23

Highways

Intent of storm damage Intent of storm damage amendmentamendment

Intent of storm damage Intent of storm damage amendmentamendment

No pre-emption of state or local No pre-emption of state or local authorityauthority

Only signs in commercial and industrial Only signs in commercial and industrial areasareas

Strict limits on rebuildingStrict limits on rebuilding Built-in review process within 36 Built-in review process within 36

monthsmonths Back to August, 2004Back to August, 2004

““We support We support the provision the provision that clarifies that clarifies flexibility of flexibility of states states regarding regarding rebuilding rebuilding sign sign structures…”structures…”

----Governor Governor

BlancoBlanco

““I wanted to make I wanted to make you aware of my you aware of my support.”support.”

----Governor BarbourGovernor Barbour

Reasons for amendmentReasons for amendment

New importance of outdoor

Think different.Think different.