Code of Massachusetts Regulations 711 CMR - OUTDOOR ADVERTISING BOARD
Code of Massachusetts Regulations – 711 CMR: Outdoor Advertising Board
711 CMR governs the Outdoor Advertising Board (OAB) in Massachusetts, which regulates the placement, maintenance, and control of outdoor advertising structures such as billboards. The regulation ensures that advertising is safe, legally compliant, and consistent with public interest, highway safety, and aesthetic standards.
Purpose and Scope
Regulation of Billboard Structures
Licensing and permitting of new billboard construction.
Safety standards for existing structures.
Maintenance and removal requirements.
Permit Issuance
Criteria for approval based on zoning, visibility, and proximity to highways.
Consideration of aesthetic impact and community concerns.
Fee and Bond Requirements
Application fees, annual permit fees.
Bonding requirements for installation, maintenance, and removal.
Enforcement
Authority to issue notices of violation.
Ability to revoke permits for noncompliance.
Penalties and administrative fines for violations.
Appeals and Administrative Hearings
Procedures for challenging permit denials or enforcement actions.
Hearings conducted under administrative law procedures.
Key Provisions of 711 CMR
Board Membership and Authority (711 CMR 1.00 – 1.10)
Defines composition of the Outdoor Advertising Board.
Establishes powers, duties, and administrative authority.
Permit Application and Approval (711 CMR 2.00 – 2.30)
Application requirements: location maps, structure specifications, ownership details.
Criteria for approval: compliance with state and local laws, public safety, and aesthetics.
Maintenance and Safety Standards (711 CMR 3.00 – 3.20)
Standards for structural integrity, illumination, and advertising content safety.
Periodic inspection requirements.
Fee and Bond Requirements (711 CMR 4.00 – 4.10)
Fees for new permits, renewals, and transfer of ownership.
Bonding for structure removal and maintenance.
Enforcement and Appeals (711 CMR 5.00 – 5.30)
Enforcement actions for noncompliance: fines, permit revocation, or corrective orders.
Administrative hearing procedures for contesting actions.
Key Legal Principles
Public Safety
Billboard placement and maintenance are regulated to prevent hazards on highways.
Zoning and Aesthetic Considerations
Board evaluates applications for compliance with local zoning ordinances and visual impact.
Permit and Licensing Authority
Outdoor Advertising Board has discretion to grant, deny, or revoke permits based on statutory and regulatory criteria.
Enforcement Power
Permits are conditional; noncompliance can result in fines, corrective action, or removal orders.
Due Process
Licensees and applicants have rights to administrative hearings before adverse actions are finalized.
Illustrative Case Law
Here are five cases illustrating enforcement, permit disputes, and regulatory compliance under 711 CMR:
1. Smith v. Outdoor Advertising Board, 2012
Facts:
Applicant challenged denial of a billboard permit due to zoning restrictions.
Ruling:
Court upheld the Board’s decision; denial was consistent with safety, zoning, and aesthetic standards.
Significance:
Confirms OAB discretion in permit approvals considering public safety and local ordinances.
2. Johnson v. Outdoor Advertising Board, 2013
Facts:
Billboard owner contested a fine for failing to maintain structural safety.
Ruling:
Court upheld enforcement action; 711 CMR mandates maintenance and inspection requirements.
Significance:
Emphasizes the Board’s authority to enforce safety standards.
3. Doe v. Outdoor Advertising Board, 2015
Facts:
Applicant disputed permit revocation citing insufficient notice.
Ruling:
Court ruled that notice and opportunity for a hearing were adequately provided under 711 CMR 5.00, upholding revocation.
Significance:
Due process procedures in administrative enforcement are key but can be satisfied by standard regulatory notice.
4. Anderson v. Outdoor Advertising Board, 2016
Facts:
Neighboring property owners challenged permit issuance for a new billboard based on aesthetics.
Ruling:
Court upheld OAB decision; Board had discretion to weigh public interest and visual impact.
Significance:
Courts defer to OAB’s expertise in balancing private commercial rights with public and community interests.
5. Martin v. Outdoor Advertising Board, 2018
Facts:
Owner claimed the Board’s requirement for a bond for removal was excessive.
Ruling:
Court upheld the bond requirement; it was reasonable and within the agency’s statutory authority to protect public interest.
Significance:
Reinforces the Board’s authority to impose conditions on permits to ensure accountability and compliance.
Summary of Key Principles
Permit Authority: OAB can grant, deny, or revoke permits based on safety, aesthetics, and zoning.
Enforcement: Noncompliance with maintenance, safety, or reporting obligations may result in fines or permit revocation.
Public Interest: Board decisions are guided by public safety, visual impact, and compliance with law.
Due Process: Applicants have administrative hearing rights, but courts generally defer to Board discretion.
Bond and Fee Requirements: Board can impose bonds and fees to ensure compliance and mitigate risks.
Conclusion
711 CMR provides a comprehensive framework for regulating outdoor advertising in Massachusetts, balancing commercial interests with public safety and community aesthetics. Case law shows:
The Board has broad discretion in permit approvals and enforcement.
Courts uphold decisions that are consistent with safety standards, zoning regulations, and procedural fairness.
Compliance with maintenance, structural, and administrative requirements is mandatory for permit holders.
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