West Virginia Code § 17-22-8

Exempted areas; agreements between Commissioner of Highways and
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United States Secretary of Transportation.
In order to promote the reasonable, orderly and effective display of outdoor advertising
while remaining consistent with the purposes of this article, signs, displays and devices,
whose size, lighting and spacing shall be determined by agreement between the
Commissioner of Highways of West Virginia and the Secretary of Transportaetion of the
United States, may be erected and maintained within six hundred sixty feet of the nearest
edge of the right-of-way of federal-aid interstate or primary roads, withrin areas zoned
industrial or commercial, or in unzoned commercial or industrial areas, as may be
determined by agreement between the Commissioner of Highways of West Virginia and the
Secretary of Transportation of the United States: Provided, That any such agreement shall
contain a definition of unzoned commercial or industrial aretas which reflects existing
conditions in this state, such as, without limiting the foregoing, existing land use, availability
of land for urban development, topography and accepted zoning practices now prevailing in
this state. Any agreement between the Commissioner of Highways and the Secretary of
Transportation relating to size, lighting and spacing shall reflect customary usage in this
state. Any agreement between the Commissioner of Highways and the Secretary of
Transportation defining unzoned commercial or industrial areas, or relating to size, lighting
and spacing, shall be no more restrictive than necessary to secure to this state any federal
aid contingent upon compliance with federal laws, or federal rules and regulations relating
to outdoor advertising, and shall be subject to amendment or rejection by the Legislature of
West Virginia: Provided, howeever, That the terms of any such agreement shall be no more
restrictive than those included in any other similar agreement made by the Secretary of
Transportation and otheLr states: Provided further, That such agreement shall provide for its
modification and amendment in the event and to the extent that the Secretary of
Transportation and a ny other state shall thereafter agree to any provisions which shall be
less restrictivVe. The provisions of this section shall not apply to signs, displays and devices
referred to in clauses (b) and (c), section seven of this article.

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