Federal law requires a state to comply with federal requirements regarding effective control, as described in federal law, of outdoor advertising along federal-aid highways (outdoor advertising) or be subject to the loss of 10% of its federal-aid highway funding. State law authorizes the department of transportation (CDOT) to adopt rules governing outdoor advertising but also, to ensure that the state does not lose any federal-aid highway funding, specifies that state law does not authorize the erection or maintenance of advertising devices that would disqualify the state from receiving federal-aid highway funding made available to states that exercise effective control of outdoor advertising (complying state funding).
CDOT has adopted rules governing outdoor advertising in
Colorado (the rules) for the purpose of establishing effective control through a statewide uniform program controlling the use of advertising devices in areas adjacent to the state highway system, but certain persons have alleged that CDOT's rules allow or might allow advertising devices to be erected and maintained that would disqualify the state from receiving complying state funding. The bill requires CDOT to hold a public hearing, on or before October 1, 2024, at which any person may identify any provision of the rules that the person believes allows or might allow the erection or maintenance of any advertising device that would disqualify the state from receiving complying state funding (disqualifying provision). CDOT shall review any provision identified and, if CDOT determines that the provision is a disqualifying provision, shall conduct new rule making to repeal or amend the disqualifying provision to mitigate the risk of losing complying state funding.
