[This rule 2 CCR 601-7 was formerly known as “Standards Pertaining to Specific Information Signs and Business Plaques.” This Rulemaking folds in 2 CCR 601-12, formerly known as “Rules and Regulations for the Erection, Administration, and Maintenance of Tourist Oriented Direction Signs Within Highway Rights of Way” into this rule.  2 CCR 601-12 will be repealed, as it will be obsolete once the TODS rules are incorporated into this rule 2 CCR 601-7.  The new rule is now titled “Rules, Regulations, and Standards Pertaining to LOGOs and TODS signs” and the SoS website should reflect such change.]

Colorado Department of transportation

Transportation Commission
CCR 601-7
Rules, regulatons, and standards pertaining to LOGOS and TODS Signs
1.0	Statement of Basis, Purpose, and Statutory Authority
	1.1	Basis and Purpose:  These Rules establish where and under what circumstances LOGO and TODS devices may be erected and maintained and that no such device may be erected or maintained unless in full compliance with the Act and these Rules.  These Rules enable the Department to provide a uniform statewide program to control the erection and maintenance of LOGO and TODS devices to provide directional information to qualified business establishments offering services to the traveling public.
1.1.1	These Rules allow eligible businesses to obtain a LOGO plaque permit from the Department for the installation of a LOGO plaque upon a LOGO sign panel within certain areas of the Interstate highway ROW.  LOGO devices shall be located within Department ROW at interchanges outside of urbanized areas for specific services--gas, food, lodging and camping--and in all areas for tourist attractions along with the exit number.  LOGO devices shall not be located within non-Interstate highway ROW.
1.1.2	These Rules allow eligible businesses to obtain a TODS plaque permit from the Department for the installation of a TODS plaque upon a TODS sign panel within certain areas of the State highway ROW.  TODS devices shall be located within Department ROW at intersections on roads outside of urbanized areas for eligible tourist oriented businesses.  TODS devices shall not be located within Interstate highway ROW.
1.2	Statutory Authority:  The statutory authority for this rulemaking is vested in the department by § 43-1-415(1) and 43-1-420(3).
2.0 	   Definitions
2.1	BUSINESS means a business, service or activity.
2.2	CENTERLINE OF THE HIGHWAY means a line equidistant from the edges of the main traveled way on conventional roadways or from the median separating the main traveled ways of a divided highway.
2.3	CDOT OR DEPARTMENT means the Colorado Department of Transportation.  In the event that the Department contracts with a private contractor to implement all or part of the LOGO and TODS Sign Programs, as authorized by §§ 43-1-420(1) and 43-1-420(3), CRS, the term "Department" shall also mean that contractor to the extent applicable and consistent with such contract and the Rules.
2.4	CRS means the Colorado Revised Statutes, as amended.
2.5	CONFORMING ADVERTISING DEVICE means a lawfully erected advertising device as described under § 43-1-401 et. seq., CRS.
2.6	CONTRACTOR means a private independent contractor selected by the Department that is responsible for implementing and administering the LOGO and TODS Sign Programs for the Department.
2.7	ERECT means to construct or allow to be constructed.
2.8	EXPRESSWAY means a divided highway with partial control of access generally having grade separations at major intersections.
2.9	FHWA means the Federal Highway Administration.
2.10	FEDERAL AUTHORITY refers to 23 USC § 109(d), 315, and 402(a); and 49 CFR § 1.48(b); and Federal requirements as revised by TEA-21.
2.11	FREEWAY means a divided highway with full access control having grade separations at all intersections.
2.12	HIGHWAY means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by State law.
2.13	HIGHWAY MILES means the driving distance in miles calculated by traveling on any highway, as opposed to air miles.
2.14	ILLEGAL SIGN means a device which is erected or being maintained in violation of these Rules, without proper permit, or which is otherwise in violation of Federal, State or local jurisdiction rules and regulations.
2.15	IMMEDIATE AREA OF THE BUSINESS means within fifty (50) highway or other roadway miles of the business, service or activity.
2.16	INTERSECTION means the crossing of a conventional road and a highway, excluding driveways, alleys, freeways, expressways, and the interstate system.
2.17	INTERSTATE SYSTEM means the system of interstate and defense highways as authorized in § 43-2-101, CRS.
2.18	LOCAL AUTHORITY means a city and county, county, or municipality.
2.19	LOGO PLAQUE means a flat rectangular aluminum information sign which is attached to a LOGO sign panel, either on the mainline sign panel or ramp sign panel, limited to the name, brand name, trademark, logo or symbol for businesses providing motorists services for gas, food, lodging, camping and/or tourist attractions.  Neither the plaque design nor the logo or symbol used shall contain any contact information, directions, slogans (other than a brief jurisdiction-wide program slogan, if used), telephone numbers or Internet addresses, including domain names (ie. .com, .net, .edu, .coop, etc) and uniform resource locators (URL).        
2.20	LOGO SIGN means a Specific Information Sign which include LOGO plaques that are owned by separate businesses, and LOGO sign panels that are owned by the Department.
2.21	MUTCD refers to the 2009 edition of the FHWA Manual on Uniform Traffic Control Devices for Streets and Highways and the Colorado Supplement thereto.  Terms not defined in these Rules shall be in accordance with usage of the MUTCD.
2.22	MAINTENANCE means to preserve, keep clean and in good repair, continue or replace a LOGO or TODS plaque or LOGO or TODS sign panel or structural element.
2.23	MUNICIPALITY means an incorporated city or town, and any city, town, or city and county which has chosen to adopt a home rule charter pursuant to the provisions of Article XX of the Colorado State Constitution.
2.24	OFFICIAL TRAFFIC CONTROL DEVICE means all signs, signals, markings, and devices placed or displayed by the Department or pursuant to authority of any public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.
2.25	PARTICIPATION FEE means an administration and maintenance fee, to be determined by the Department.
2.26	PLAQUE PERMIT means the document signed by both the applicant and the Department, which sets forth the terms and conditions for placement of a LOGO or TODS plaque on a LOGO or TODS sign panel.  As used herein, a plaque permit shall also mean an executed advertising agreement signed by both the applicant and the Department or a representative of the State contractor.
2.27	RETRO REFLECTIVE refers to light rays that strike a surface and are redirected directly back to its source.  It is the most commonly used means of making signs visible to the driver at night.
2.28	ROADWAY OR TRAVELED WAY means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.  In the event the highway includes two or more separate roadways, the term roadway refers to any such roadway separately but not to all such roadways collectively.
2.29	ROUTE means particular road(s) or roadway(s) which collectively assist motorists in reaching their destination(s).
2.30	RURAL AREA means all areas lying outside of urbanized areas.
2.31	SEASONAL CLOSURE refers to a business that is not open to the public for more than fourteen (14) continuous days.
2.32	SEASONAL PLAQUE means a plaque that must be removed or covered during certain portions of the calendar year based upon seasonal business, activity or attraction closures.
2.33	SPECIFIC INFORMATION SIGN PANEL OR LOGO SIGN PANEL means an official sign with white reflective legend and border, on a blue background, that displays the type of business—gas, food, lodging, camping and/or tourist attraction—and the interstate exit number. This sign is referred to as a “Specific Services Sign” in the MUTCD.
2.34	STATE SIGNING STANDARDS refers to those applicable drawings and sections (particularly Sections 614 and 713) of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction," 2011 edition, as published and adopted by the Colorado Transportation Commission pursuant to § 43-2-107, CRS for use by the Department, plus associated standard drawings, "Colorado Standard Plans, Colorado Department of Transportation Division of Highways M & S Standards" (also known as “S” Standards) derived from such specifications, which together prescribe the material and construction requirements for LOGO and TODS sign panels and LOGO and TODS plaques.
2.35	SYMBOL means the standard design markings used in preference to word messages and are as shown in the MUTCD and Standard Highway Signs booklet, published by the US Department of Transportation.
2.36	TODS PLAQUE means a flat rectangular aluminum information sign which is attached to a TODS sign panel, either on the mainline sign or ramp sign, limited to the name, brand name, trademark, logo or symbol for businesses providing motorists services for gas, food, lodging, camping and/or tourist attractions.  Neither the plaque design nor the logo or symbol used shall contain any contact information, directions, slogans (other than a brief jurisdiction-wide program slogan, if used), telephone numbers or Internet addresses, including domain names (ie. .com, .net, .edu, .coop, etc) and uniform resource locators (URL). 
2.37	TODS SIGN means a Tourist Oriented Directional Sign which include TODS plaques that are owned by separate businesses and TODS sign panels that are owned by the Department.
2.38	TOURIST means motorists not residing in the immediate area (within fifty miles) of the business.
2.39	TOURIST ATTRACTION means a tourist oriented attraction of regional interest to the traveling public.  Tourist attractions are limited to only include the following: a natural phenomenon; a site of historical significance; a site of cultural significance; an amusement park; an arena; an area of natural or scenic beauty; a golf course; a museum; an area naturally suited for outdoor recreation; a zoological or botanical park; and a winery or brewery, as further defined in Section 3.14.5 of these Rules.
2.40	TOURIST-ORIENTED DIRECTIONAL SIGN (TODS) means a device that contains one or more authorized TODS plaques which provide directional information for motorists not residing in the immediate area to businesses.
2.41	TRAILBLAZER SIGN refers to a small supplemental guidance sign providing directional information to a particular business that displays a directional arrow to the business and may include the mileage to the business.
2.42	TRAVELED LANE means the driving lane normally occupied by the traffic located left of the highway shoulder.
2.43	URBANIZED AREA means that area within the boundary of a metropolitan area having a population of fifty thousand (50,000) or more, as determined by the United States Bureau of the Census in its latest census, and as included on the urbanized area map approved by the Department.  Urban areas may contain both incorporated and unincorporated areas.
3.0	Incorporated by Reference
3.1 	The following regulations and standards are incorporated by reference; such incorporation does not include later amendments or editions of any incorporated material.  As part of the Code, and by this reference, such material is incorporated but only to the extent such material is consistent with the express provisions of the Code. 
3.2	The Rules hereby incorporate by this reference: 
3.2.1	Section 2 of the Manual on Uniform Traffic Control Devices, 2009 edition, (MUTCD) concerning LOGO and TODS;
3.2.2	Standard Highway Signs Book (2004 edition) published by the U.S. Department of Transportation, Federal Highway Administration; and
3.2.3	State Signing Standards referred to in Section 2.34 above.
3.3	A certified copy of the Rules and of all other incorporated materials are maintained by the CDOT Roadside Advertising Program Manager and are available for public inspection during regular business hours at the Colorado Department of Transportation, Roadside Advertising Program Manager, Safety and Traffic Engineering Branch, 4201 E Arkansas Avenue, Denver, Colorado  80222.  Incorporated materials are also maintained at the State Publications Depository and Distribution Center, 201 East Colfax Avenue, Denver, CO  80203, and may be examined at any other state publications library via inter-library loan.         
4.0	Independent Contractor Program Administrator
4.1	The Department is authorized by § 43-1-420, and 43-1-1202(1)(A)(XI), CRS, to negotiate and contract with an independent contractor to implement and  administer all or part of the LOGO and TODS Sign Programs described in these Rules.  Based on that authority, the Department may issue a request for proposals and negotiate a contract for the successful proposer to assume the administration and maintenance of the all or part of the LOGO and TODS Sign Programs.  § 43-1-420(2), CRS authorizes Participation and other fees to be determined by the Department, and requires the contractor to develop a method for the annual rotation for LOGO or TODS plaques, if required by the Department.
4.2	If such a contract is executed, the implementation and administration of the LOGO and TODS programs by that contractor may include the right of that contractor:
4.2.1	To determine and charge new annual Participation and other fee amount(s) for LOGO and TODS plaques; and
4.2.2	To develop and implement a new method, if required by the Department, for the annual rotation of LOGO and TODS plaques.
4.3	If such a contract is executed, the complete terms of that contractor’s implementation and administration of the LOGO and TODS program will be described in detail therein, and the implementation and administration of the LOGO and TODS program by that contractor will be subject to Department oversight.
4.4	In the event that the terms of the negotiated contract conflict with substantive terms of the Rules, the Department shall amend the Rules to reflect such changes to the extent required by law.
5.0	LOGO Sign Panel Locations
5.1	LOGO sign panels shall be located only on the Interstate highway system, as follows:
5.1.1	LOGO sign panels for gas, food, lodging and camping shall only be located outside of urbanized areas.
5.1.2	LOGO sign panels for tourist attractions may be located on all Interstate highways.
5.2	Installation of LOGO sign panels shall be consistent with the State signing standards and in accordance with the MUTCD.  LOGO sign panels shall be placed in advance of an interchange exit and shall be readable from the traveled way.  The specific location of each LOGO sign panel is subject to Department approval.
5.3	LOGO sign panels shall not be located at the following locations, or under the following circumstances:
5.3.1	At interchanges with other Interstate, expressway or freeway; or
5.3.2	Where a U-turn or any other illegal movement is required to access a business; or
5.3.3	Where long sections of structure, retaining wall and/or noise wall limit the convenient placement of a ground-mounted LOGO sign panel; or
5.3.4	Where the Department determines that, for safety, operational or other suitable reasons, the installation of LOGO sign panels is not in the best interest of the traveling public.
5.4	The Department shall base final approval of the location of a LOGO sign panel on the following criteria:
5.4.1	LOGO sign panels shall not interfere with existing regulatory, warning, guide signs or traffic control devices.  Proposed LOGO sign panels shall not be allowed to block driver sight to any existing regulatory, warning or guide sign, or any other traffic control device.
5.4.2	Tourist attraction sign panels shall meet the minimum guide sign spacing as described in the MUTCD.
5.4.3	ROW width will be checked to determine if proposed LOGO sign panels may be installed without interfering with existing guide signs.
5.4.4	LOGO sign panels shall not conflict with legally permitted sewer and drainage systems, gas lines, water lines, electrical and communication facilities.
5.5	LOGO sign panels shall be erected between the previous interchange and no closer than 800 feet in advance of the exit direction sign at the interchange from which the services are available.  There shall be at least 800 feet spacing between the LOGO sign panels, and excess sign panel spacing shall be avoided.
5.6	LOGO sign panels shall not be erected at an interchange where the motorist cannot conveniently re-enter the Interstate highway continuing in the same direction of travel.
5.7	At single-exit interchanges where a displayed service facility is not visible from a ramp terminal, ramp signs shall be installed along the ramp or at the ramp terminal, and may be provided along the crossroad.  Service information for visible facilities may be omitted.  The signs shall include the distances to service installations and directional arrows in lieu of words.  The minimum letter height shall be 4 inches except that any legend on a symbol shall be proportional to the size of the symbol.  Ramp signing may be used on ramps and crossroads at double-exit interchanges.
5.8	The LOGO sign panels shall be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with existing traffic control signs within the highway ROW.  Where LOGO sign panels cannot be located outside of the clear zone, supports shall conform to a CDOT breakaway standard.  The LOGO sign panel shall normally be located in accordance with standard accepted good engineering practices and approximately thirty (30) feet outside of the traveled lane.
5.9	In the direction of traffic, successive LOGO sign panels shall be those for camping, and/or tourist attraction, lodging, food, and gas, and in that specific order with gas closest to the exit ramp.
5.10	To be eligible for a LOGO plaque to be installed on a LOGO sign panel, the maximum driving distance that gas, food, lodging, and camping service facilities can be located from the main traveled way of the Interstate highway shall not exceed three (3) driving miles in either direction.  If within that three (3) mile limit there are less than six (6) participating services of the type being considered, the limit of eligibility may be extended to five (5) driving miles.  A gas, food, lodging and camping service facility that is not within such maximum driving distance shall not be eligible for a LOGO plaque.
5.11	To be eligible for a LOGO plaque to be installed on a LOGO sign panel, the maximum driving distance that a tourist attraction can be located from an interchange within an urbanized area shall be limited to three (3) miles, and shall be limited to ten (10) miles maximum driving distance from an interchange outside of an urbanized area.  A tourist attraction that is not within such maximum driving distance shall not be eligible for a LOGO plaque.
5.12	A Trailblazer sign may be used only when the directional information displayed on the LOGO sign panel is inadequate to direct the public to the business, such as where the signed business is not visible after exiting an interstate and/or where turns must be made onto one or more crossroads to get to the business.  A Trailblazer sign may be used at each such turn until the business is visible.  A Trailblazer sign shall be located only along the shortest route from the interstate to the business on a conventional roadway.  A Trailblazer sign shall comply with the following:
5.12.1	Trailblazer signs are to be erected prior to the erection of ramp or mainline LOGO sign panels.
5.12.2	Trailblazer signs not on State highway ROW shall not be erected until appropriate written approval has been obtained from the jurisdiction having authority for sign placement.
5.12.3	The business will be responsible for furnishing the LOGO plaque for use on all Trailblazer sign panels.
5.12.4	Trailblazer sign(s) may only be placed on all-weather roads which are clear of obstructions that could possibly damage a vehicle while traversing that route.
5.13	Services and tourist attractions presently utilizing Department installed guide signing are not eligible to participate in the LOGO sign program.
5.14	The type of services whose LOGO plaques shall be permitted on a LOGO sign panel shall be limited to gas, food, lodging, camping and/or tourist attractions, as follows:
5.14.1	To qualify for a gas LOGO plaque the business shall provide:
A.	Vehicle services, which shall include fuel, oil, and water
B.	Restroom facilities and potable drinking water
C.	Subject to fuel availability, there should be continuous operation at least 16 hours per day, 7 days a week.  When fuel is unavailable, the operator shall post on the premises the location of the nearest available fuel source
D.	A public telephone.
5.14.2	To qualify for a food LOGO plaque the business shall provide:
A.	Proof of licensing or approval, where required
B.	Continuous operation to serve food for a minimum of 12 consecutive hours within the time frame of 7 AM to 11 PM, six (6) days per week, or continuous operation for more limited consecutive hours of operation (not less than five (5) hours per day within the time frame of 7 AM to 11 PM, six (6) days per week, and not less than forty (40) hours per week) if there is at least one other food service facility advertising on the LOGO sign panel which is open for a minimum of twelve (12) consecutive hours within the time frame of 7 AM to 11 PM, six (6) days per week
C.	Indoor sit-down facilities for a minimum of twenty (20) people or operation of a drive-in facility with a minimum of twenty (20) drive–in parking spaces
D.	A public telephone
E.	Public restroom facilities with flush toilets and potable drinking water
5.14.3	To qualify for a lodging LOGO plaque the business shall provide:
A.	Proof of licensing or approval, where required
B.	Lodging accommodation composed of units, which can accommodate at least two persons per unit with space for automobile parking
C.	Accommodations must be available for rental on a nightly basis seven (7) days per week
D.	A public telephone
5.14.4	To qualify for a camping LOGO plaque a business shall provide:
A.	Proof of licensing or approval, where required
B.	A minimum of twenty (20) spaces to accommodate camping tents and/or travel trailers and/or motorized campers
C.	An adequate supply of potable drinking water
D.	Public restroom facilities with flush toilets and potable drinking water
E.	A sanitary disposal system for travel trailers and/or motorized campers
F.	A public telephone
G.	Proof of maintenance in compliance with applicable State/Local Board of Health rules and regulations.
5.14.5	To qualify for a tourist attraction LOGO plaque a business shall provide:
A.	Proof of licensing or approval, where required
B.	A minimum of twenty (20) parking spaces
C.	Public restroom facilities with flush toilets and potable drinking water
D.	Continuous operation at least eight (8) hours per day, seven (7) days per week (in season), except that this requirement shall not apply to arenas
E.	A public telephone
F.	Attendants on site and/or conduct tours
G.	To qualify for a tourist attraction LOGO plaque, a business shall be required to generate a minimum annual attendance as follows:
1.	* CATEGORY I—1,000,000 or more population—200,000 visitors
2.	* CATEGORY II—50,000 to 1,000,000 population—50,000 visitors
3.	* CATEGORY III—less than 50,000 population—5,000 visitors
4.	* Annual visitor requirements shall be based on the population of the attraction location, either within established urbanized areas or within established municipal boundaries outside of urbanized areas.  Category III shall apply to all attractions outside of municipal boundaries.
5.15	To be eligible as a tourist-oriented attraction of regional interest to the traveling public, a business must be one of the following:
5.15.1	A natural phenomenon is limited to a feature created by nature.  Examples include but are not limited to unusual rock formations, caves, fossil beds, and waterfalls.
5.15.2	A historic site or district must be of State and/or National significance and shall be limited to a structure or site that is of definite historical significance as determined by the Colorado Historic Society, or as a historic attraction in the National Register of Historic Places as published by the United States Park Service.
5.15.3	A cultural site shall be limited to a facility for the performing arts, exhibits or concerts.
5.15.4	An amusement park shall be limited to a permanent area which is open to the general public in season for three (3) or more of the following activities: picnicking, hiking, swimming, boating, entertainment rides, food services, etc., and must be in operation for more than three (3) months per year.
5.15.5	An arena shall be limited to a stadium, sports complex, auditorium, fairground, civic or convention center or race track which has a capacity of not less than five thousand (5,000) seats and is open for normal business at least twenty eight (28) days per year.
5.15.6	An area of natural or scenic beauty shall be limited to a naturally occurring area of outstanding interest to the general public, including State or National Parks, wilderness areas, mountain ranges, lakes, rivers, canyons, and similar areas.
5.15.7	Golf courses shall be limited to facilities open to the public and offering not less than nine (9) holes of play.  Miniature golf courses, driving ranges, chip-and-putt courses and indoor golf shall not be eligible.
5.15.8	A museum shall be limited to a facility, open to the public at least 100 days per year, where works of artistic, historical, or scientific value are cared for and exhibited to the general public.
5.15.9	A recreational area shall be limited to an area that provides for bicycling, boating, fishing, hiking, rafting, picnicking, snowmobiling, or skiing.
5.15.10	A zoological or botanical park shall be limited to a facility in which living animals, insects, or plants are kept and exhibited to the general public.
5.15.11	A winery or brewery shall be limited to a licensed site that produces a minimum of one thousand (1,000) gallons of wine and/or beer per year and commercially packaged product for off-premises sale.  The facility must be open for public tours a minimum of three hundred twenty (320) hours per year, and provide an educational format for informing visitors about wine or beer processing.
5.16	The number of LOGO sign panels permitted shall be limited to two for each type of service along an approach to an interchange with no more than four (4) LOGO sign panels per direction of travel per exit.
6.0	LOGO Sign Panel Composition
6.1	LOGO sign panels shall have a blue background with a white reflectorized border.  The size of the LOGO sign panels shall not exceed the minimum size necessary to accommodate the maximum number of LOGO plaques permitted, using the required legend height, panel size and spacing.
6.2	LOGO plaques to be mounted on LOGO sign panels shall have a business logo and may use a legend and shall be of high intensity reflective sheeting.  The principal legend shall be at least equal in height to the directional legend on the sign panel.  Where business identification symbols or trademarks are used alone for a LOGO plaque, the border may be omitted, the symbol or trademark shall be reproduced in the colors and general shape consistent with customary use and any integral legend shall be proportionate in size.  Messages, symbols, and trademarks which resemble any official traffic control device are prohibited.  The vertical and horizontal spacing between LOGO plaques on sign panels shall not exceed 8 inches and 12 inches, respectively.  Material for LOGO plaques shall conform to Department signing standards.
6.3	All directional arrows on exit ramp signs and all letters and numbers on LOGO sign panels used in the name of the type of service and the directional legend shall be white and reflectorized.
6.4	LOGO sign panels on single exit interchanges shall display the type of service followed by the exit number in one line above the LOGO plaques.  The gas, food, lodging, camping and tourist attractions LOGO plaques shall be limited to six LOGO plaques per LOGO sign panel.
6.5	The LOGO sign panels on double exit interchanges shall consist of two sections, one for each exit.  The top section shall display the LOGO plaques for the first exit and the lower section shall display the LOGO plaques for the second exit.  The name of the type of service followed by the exit number shall be displayed in a line above the LOGO plaques in each section.  Where a type of motorist service is to be signed for at only one exit, one section of the LOGO sign panel may be omitted, or a single-exit interchange may be used.  The number of LOGO plaques on the LOGO sign panel (total of both sections) shall be limited to six for each LOGO sign panel with no more than four LOGO sign panel structures.
6.6	Where a LOGO sign cannot be completely utilized by a single qualified type of facility, two types of facilities may be displayed on a single sign.  Each type of facility must be displayed in a vertical row of two LOGO plaques with the identifying type of service located above each column with the exit and number to be located above the service identification line.  Qualified facility types may be displayed on not more than two separate LOGO sign panels.
6.7	Each LOGO plaque displayed on the LOGO sign panel shall be contained within a 48-inch wide and 36-inch high rectangular background area, including border.
6.8	Each Trailblazer LOGO plaque shall be 18 inches high and 24 inches wide.
6.9	All numbers and letters used in the type of service and the directional legend shall be ten (10) inch high numbers and ten (10) inch high capital letters.
7.0	TODS Sign Eligibility
7.1	To be eligible to obtain a permit to erect a TODS plaque on a TODS sign panel, the following requirements shall be met:
7.1.1	A permit applicant must derive the major portion of income or number of visitors during the normal business season from motorists not residing in the immediate area.
7.1.2	A business located on property contiguous to a conventional road shall be eligible for straight ahead signing on that conventional road only at the intersection nearest to that business.  Such business must be located within the required distance from the conventional road.

7.1.3	There must be available space for a TODS plaque at the requested intersection, as determined by the Department, consistent with standard engineering practices.  TODS sign panels shall not interfere with or block driver sight of existing or planned official traffic control devices.
7.1.4	The maximum distance from the business to where a TODS sign may be placed shall be determined as follows:
A.	 If the intersection where the TODS sign is to be erected is located within the limits of a municipality, the distance from the business to the intersection shall be measured in highway miles and shall not exceed one mile.
B.	If the intersection where the TODS sign is to be erected is located outside the limits of a municipality, the distance from the business to the intersection shall be measured in highway miles and shall not exceed fifteen miles.
C.	A TODS plaque shall be permitted only at the intersection nearest to the business, within the above maximum distances.
D.	For right and left signing, the maximum distance shall be measured for each direction of travel from the nearest intersection where the traveler can exit the road to get to the business, along the intersecting highway where the business is located, to the business.
7.1.5	Each business shall be limited to one TODS plaque for each direction of travel to that business on the road.
7.1.6	Trailblazing signs shall be required for those businesses that are located at places requiring additional guidance signs for route decisions from the intersection to get to the business.  Eligible businesses must provide, install and maintain adequate trailblazing signs to direct the motorist after leaving the conventional road.  Trailblazing signs must be approved by the local authority having jurisdiction of the roadway.  Before TODS sign panels are installed, adequate trailblazing signage, as determined by the Department, shall be in place off the State highway system.
7.1.7	The local authority within whose jurisdiction the TODS devices are to be erected must authorize such signs by resolution, and must have approved the application of the business prior to submission to the Department.  Such TODS devices must comply with all applicable local authority regulations and these Rules.
7.2	TODS Sign Design
7.2.1	TODS sign panels shall consist of a structural assembly of one or more posts and provide for a maximum of four authorized TODS plaques depending upon engineering design specifications for the particular location.
7.2.2	The erection and maintenance of TODS plaques and TODS sign panels shall be accomplished by the Department.
7.2.3	All TODS plaques and TODS sign panels shall be provided and constructed in accordance with the MUTCD, and Department Signing Standards.
7.2.4	TODS plaques shall be rectangular in shape and have a blue background with a white legend and border.  Each plaque shall be allowed a maximum of two lines of legend and may include one symbol if desired.  The legend content shall be limited to identification of the business, service or activity, the mileage to the business, and the directional arrow.  Legends shall not contain promotional advertising.  Neither the plaque design nor the logo or symbol used shall contain any contact information, directions, slogans (other than a brief jurisdiction-wide program slogan, if used), telephone numbers or Internet addresses, including domain names (ie. .com, .net, .edu, .coop, etc) and uniform resource locators (URL). 
7.2.5	All sign legends are subject to Department approval.
7.2.6	TODS plaques shall be 72 inches wide and 18 inches high.  All physical dimensions shall be exact.
7.2.7	Nationally approved symbols for services may be incorporated as alternates to word messages.  Standard General Service symbols (Section 2H), and white Recreational and Cultural Interest Area symbols (Section 2D), as displayed in the MUTCD, may be used to indicate a general class of businesses.
7.2.8	Business logos may also be used.  The logo shall be reproduced in the colors and of a general shape consistent with customary use, and any integral legend shall be proportionate in size.  Business logos that resemble official traffic control devices in any manner shall not be allowed.
7.2.9	When symbols or business logos are used, they must be contained entirely within the border of the TODS plaque, which shall be designed and fabricated in accordance with Department specifications.
8.0	Sign and Site Selection Procedure
8.1	The location of any other existing or new official traffic control device shall take precedence over the location of TODS sign panels at all times.  The TODS sign panels shall be located outside the normal longitudinal alignment of official traffic control signs, but within the ROW.
8.2	TODS plaques shall only be erected by the Department on TODS sign panels.
8.3	A maximum of two TODS sign panels, with each accommodating four TODS  plaques, shall be allowed for each approach to an intersection.  Each TODS sign panel shall accommodate all plaques for the left turn direction, or all plaques for the right turn direction.
8.4	One TODS sign panel for the straight ahead direction, accommodating up to four TODS plaques, shall be allowed per direction of travel.  When a TODS plaque for the straight ahead direction is allowed, the TODS sign panel shall be located to the far right corner of the intersection and shall not obstruct the driver's view of other existing or new official traffic control devices.
8.5	TODS sign panels shall be placed at least 200 feet apart, and at least 200 feet from any other official traffic control device, and a minimum of 200 feet in advance of the intersection where the turn to exit the road is necessary to get to the business.
8.6	For the direction of traffic when approaching an intersection where more than one TODS plaque is located, the order of the TODS plaques shall be:
8.6.1	First, for businesses signed for the left direction; and
8.6.2	Second, for businesses signed for the right direction.
8.7	For the direction of traffic where more than one TODS sign panel is located, businesses signed for the straight ahead direction the TODS sign panels shall be located on the far right corner of intersection.
8.8	Where the total number of TODS plaques to both the right and left are four or less, the plaques shall be accommodated on one TODS sign panel.  When approved TODS plaques are attached to one TODS sign panel, the order of the plaques shall be:
8.8.1	Top, businesses signed for the left direction
8.8.2	Bottom, businesses signed for the right direction
8.8.3	To the extent consistent with other requirements of this section, seasonal plaques shall occupy the bottom position in a multiple plaque installation.  In the event a TODS sign panel installation contains more than one seasonal plaque, the plaque serving the business that has the shorter business season during the calendar year shall have the lower position.  When a seasonal plaque is removed or remounted the remaining plaques shall be repositioned as provided in this section.
8.9	Position, height, and lateral clearance of the TODS sign panels and the TODS plaques thereon shall be in accordance with the MUTCD, and Department Signing Standards.  
8.10	Applicants and permittees are advised that the right to use State highway ROW for the TODS program under these Rules is non-exclusive.  The Department reserves the right to allow such other signs as the Department deems desirable or necessary.  The Department reserves the right to deny an application or renewal for a plaque permit based upon the criteria of the Rules or if, in the judgment of the Department, the granting of the permit/renewal for the placement of the TODS plaque at a particular location would endanger the health, safety or welfare of the public, or would be inconsistent with standard engineering practices.  The Department may also take any other remedial action concerning a permit application or renewal which the Department determines to be necessary to comply with the Rules, or with § 43-1-420(3), CRS, or with the requirements of other applicable highway statutes.
8.11	The Department also reserves the right to require the removal of any permitted TODS plaques in the event the location of such signs is required for highway purposes or activities including construction, reconstruction or maintenance, or in the event the Department determines that the placement or condition of the TODS plaque endangers the health, safety or welfare of the public, or in the event the TODS plaque has become inconsistent with or in violation of these Rules.  When the TODS plaque is removed and cannot be re-erected at an approved substitute location, the permittee shall be entitled to an appropriate pro-rata reimbursement of that part of paid annual Participation fees applicable to the unused remainder of the term.
8.12	All installation, removal and maintenance of TODS plaques shall be performed only by the Department.  No applicant or permittee shall enter upon State highway ROW for such purpose or perform any such activities.
8.13	The TODS sign panels shall remain the exclusive property of the Department.
8.14	The TODS plaques shall remain the exclusive property of the individual businesses.
9.0	Permits
9.1	LOGO and TODS plaques shall not be installed on LOGO and TODS sign panels prior to issuance of a permit by the Department in accordance with these Rules.
9.2	No permit for a LOGO or TODS plaque shall be issued by the Department unless the governing body of the county, city and county, or municipality in which such sign is proposed to be located has authorized such signs within its jurisdiction by adoption of a resolution pursuant to § 3-1-420(3), CRS.  All LOGO and TODS devices shall be required to comply with these Rules, and all applicable regulations of the county, city and county, or municipality in which such signs are located.
9.3	Every business must apply for and obtain a permit from the Department pursuant to these Rules.  No permit shall be issued to a business unless all requirements and criteria of eligibility have been satisfied, pursuant to these Rules.  At the request of the Department, a permit applicant or permittee for a TODS plaque must provide any information and/or documentation available to the applicant or permittee which demonstrates that the applicant or permittee derives the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area of the business.  The applicant or permittee shall keep, maintain, and make such information and/or documentation available for inspection and audit at any time, following reasonable notice, after the application for a permit has been submitted.  The records may include, but are not limited to, such items as guest books, attendance records, license plate numbers, tax receipts, and credit card receipts.
9.4	Application packages shall be obtained by the applicant from the Department.
9.5	The effective date of applications transmitted by mail shall be the date and time of receipt by the Department rather than the date of mailing by the applicant.  Applications will be considered in the order of the effective date and time received.
9.6	The Department shall act promptly to approve or deny a permit application.  Notice of approval will be sent to applicant by regular US mail and notice of denial will be sent to applicant by certified mail.  The Department may deny a permit application which does not comply with all terms and conditions of the rules, or for any reason required by the terms and purpose of § 43-1-401 et. seq., CRS.
9.7	The applicant shall provide to the Department a completed application form.  The form shall include all of the following information:
9.7.1	Applicant name and address
9.7.2	Legal business name and address
9.7.3	Contact person's name, title and telephone number
9.7.4	Statement of conformity with all Federal, State and local laws
9.7.5	Federal Tax I.D. number of the business or the Social Security number of the business owner to be identified on the LOGO or TODS plaque
9.7.6	Statement that the business is within the required distance for businesses as stated in these Rules
9.7.7	Statement that the type of eligible services requested conforms with these Rules
9.7.8	Milepost number or identification of the conventional road and intersection where the LOGO or TODS plaque is to be erected; or statement identifying the exit number and name of the Interchange where the applicant desires to have a LOGO plaque; and
9.7.11	Complete layout, sample or photo of the legend, logo, brand, trademark, symbol, arrow, name or authorized combination of these consistent with the rules, showing exactly what the LOGO or TODS plaque will display
9.7.12	Statement and signature from the local authority within whose jurisdiction the device will be placed, approving the application
9.7.13	Number of business plaques requested per location
9.7.14	Statement—for TODS signs only—certifying that the major portion of the business' income or number of visitors is derived during the normal business season from motorists not residing in the immediate area (within 50 miles) of the business.
9.8	The Department may reject incomplete permit applications.
9.9	Applicant shall submit the standard application fee with the application.  Such fee paid by the applicant will be returned if an application is denied or if, after approval, the LOGO or TODS plaque is not mounted for reasons caused by the Department.
9.10	Permits for LOGO and TODS plaques shall be valid for a period of one year, without proration for periods less than a year. When a LOGO or TODS plaque is installed after first month of the annual permit renewal cycle, the excess annual participation fee balance will be credited to the amount due for the subsequent years participation fee.
9.11	Permittees shall have the right to request a change to a LOGO or TODS plaque during the term of the permit, provided that the change conforms to these Rules.  Permittees shall be charged an additional fee for each plaque removed and/or remounted by the Department.  Cost of such change to any LOGO or TODS plaque shall be at the expense of the permit holder.
9.12	The granting of the permit conveys no right, title or interest to the permittee in the State  highway ROW or in the LOGO or TODS sign panel other than simple permission from the Department to use and occupy such location for LOGO or TODS plaques subject to these Rules.
9.13	For seasonal businesses, LOGO or TODS plaques denoting unavailable services shall be covered or removed.  This work shall be done by the Department.  An additional service fee shall be paid for this work.  It shall be the responsibility of the business to notify the Department when normal services are scheduled to be unavailable, not less than 20 days prior to anticipated seasonal closure or unavailability of services.
9.14	When the Department determines that a business is no longer entitled to participate under these Rules, or that an advertised business service is no longer available, the LOGO or TODS plaque for that particular business shall be removed or covered by the Department.  Permit holders shall be entitled to notice and hearing prior to removal or covering of a LOGO or TODS plaque pursuant to § 24-4-104, CRS and Rules promulgated thereunder except where the Department has reasonable grounds to believe and finds that the public health, safety or welfare imperatively require emergency action as provided in § 24-4-104(4), CRS.  In such instances a LOGO or TODS plaque shall be immediately removed or covered.
9.15	Permit applicants and holders are advised that upon the approved revision of an urbanized boundary to include locations where LOGO or TODS signs have been installed, such signs will then be prohibited pursuant to § 43-1-420, CRS.  Such signs will be subject to removal upon notice and a hearing will be provided pursuant to § 24-4-104, CRS.
9.16	Applications for renewals of LOGO and TODS plaque permits shall be made not less than thirty days prior to permit expiration, and shall be accompanied by all required  service fee per permit.  If the renewal application is not received prior to permit expiration, the LOGO or TODS plaque permit shall expire and the plaque shall be subject to removal.
9.17	All renewal applications for LOGO and TODS plaque permits shall be mailed to the Department.
9.18	The Department shall not be responsible for lost, stolen, defaced, deteriorated, damaged or destroyed LOGO or TODS plaques, regardless of the cause.  The applicant shall be responsible for delivering a replacement or renovated LOGO or TODS plaque to the Department to replace any LOGO or TODS plaque which is lost, stolen, defaced, destroyed or which is in a deteriorated condition that does not meet Department sign standards.
9.19	The LOGO or TODS plaque owner shall remit its participation fee within thirty (30) days of initial installation of LOGO or TODS plaque.  If this payment requirement creates a hardship, three interest free consecutive payments may be arranged with prior notice to the Department.
9.20	Failure of an applicant for a permit or for a permit renewal to pay the participation fee will result in the removal of the applicant’s LOGO or TODS plaque.  Fees will be in the amount prescribed by the fee schedule, which shall be made available to all applicants and other interested parties upon request.
9.21	Every business applying for a LOGO or TODS plaque permit shall provide the Department with written assurance of its conformity with all applicable Federal, State and local jurisdiction laws, these Rules and the MUTCD, without regard to race, religion, color, sex, or national origin, and that it shall not breach that assurance at any time. Such assurance is required to obtain and retain a LOGO or TODS plaque permit.
10.0	Fee Schedule Provisions
10.1	The Department shall maintain a fee schedule is available online at http://www.interstatelogos.com/.  The Department will only accept payment in the form of checks, money orders, or certified funds for the fees required by the Rules and specifically this Section.  The Department shall not accept any payment in the form of cash and shall not be responsible for the transmittal of cash payments.  
10.2	Application fees for a LOGO or TODS plaque shall be submitted with the application in accordance with the then current fee schedule.  The current fee schedule shall be available online at http://www.interstatelogos.com/ or from the Department.  The application fee is a onetime charge, which shall not be refunded if the application is denied.
10.3	Once a permit application is approved, the applicant will be sent the billing of the installation fee and the first year's participation fee per approved LOGO or TODS plaque.  The installation fee will be in the amount prescribed by the then current fee schedule, and shall not be pro-rated for fractions of years.  The LOGO or TODS plaque will not be erected until the installation fee is received.  If the installation fee is not received within 20 days of receipt of written notice of approval, the application shall be considered void.  A new application fee shall be required from the applicant if the same business applicant requests a LOGO or TODS plaque after the expiration of the 20 day deadline of this Section.  Once the installation fee has been received, a LOGO or TODS the Department shall issue the business a plaque permit for each authorized LOGO or TODS plaque.
10.4	The installation fee shall cover the total actual installation and removal cost and is a onetime charge.
10.5	The annual participation fee covers the administrative costs after issuance of the permit, and continuing maintenance of the LOGO or TODS sign panel.  The amount of the participation fee shall be set out in the current fee schedule.  The participation fee shall be submitted with an application for a permit renewal.
10.7	The removal fee is to pay for the cost of covering or removing and/or remounting the plaque when a business operates on a seasonal basis during the calendar year and is required by the Rules to have its LOGO or TODS plaque covered or removed while operations cease.  It shall be the responsibility of the business operator to notify the Department in writing of the dates the business will be closed during the calendar year, and to submit the required fee for removing or remounting of the TODS plaque not less than 20 days prior to seasonal closure and seasonal opening.  If such business fails to so notify and/or submit the required fee to the Department, the permit for that business shall be considered void and the TODS plaque shall be subject to removal under the Rules.
11.0	Rotation Procedure
11.1	Annual rotation procedures may require LOGO or TODS plaques to be removed to make room for others on a waiting list.  That rotation shall not occur until such time as all TODS or LOGO plaques have been on the respective TODS or LOGO sign panel for one full year.
11.2	Initial priority will be given to current plaque permittees, and the procedure will be first come first serve for new applicants until all the LOGO or TODS plaque spaces on the sign panel are full.  When a sign panel is full, each new applicant will be assigned a number, and put on a waiting list to be rotated onto the LOGO or TODS sign panel in the priority established by its assigned number.  When there is a waiting list, permittees on a full board will be rotated off the board on the permit renewal date to the extent needed to provide plaque space for the businesses on the waiting list.  Businesses rotated off the board will go onto the waiting list for the next rotation.
11.3	In many cases, a limited amount of space for LOGO or TODS plaques is available at authorized roadway intersections.  The Department shall not issue a LOGO or TODS plaque permit unless or until there is space available at the requested location.  In order to issue plaque permits in a fair manner where such space is limited, an annual rotation procedure for granting permits will start on January 1, after all LOGO or TODS plaques have been on the respective sign panel for one full year.  If there are more applicants than LOGO or TODS plaque spaces for a particular sign panel, a number of existing permittees shall be rotated off that sign panel on an annual basis to the extent necessary to accommodate new applicants in the order of receipt of the application.  Under this procedure, the Department will assign each business a number according to the date and time of receipt by the Department of the permit application.
12.0	Permit Renewal
12.1	Applications for renewal of LOGO and TODS plaque permits shall be made by the applicant and received by the Department not later than thirty (30) days prior to permit expiration, and shall be accompanied by the annual participation fee as provided by the then current fee schedule.  When the renewal application is not received by the permit expiration, the LOGO or TODS plaque permit shall expire, and the respective LOGO or TODS plaque shall be removed.
12.2	If a LOGO or TODS permit application or renewal is denied, the annual participation fee shall be refunded.  The Department shall grant or deny renewal applications prior to permit expiration.
12.3	All applications for permit renewals shall be mailed to the Colorado Department of Transportation, Roadside Advertising Program Manager, Safety and Traffic Engineering Branch, 4201 E Arkansas Ave, Denver, Colorado  80222.
12.4	The Department shall not be responsible for lost, stolen, defaced, deteriorated, damaged or destroyed LOGO and TODS plaques or LOGO and TODS sign panels, regardless of the cause.
12.5	When a LOGO or TODS plaque must to be replaced or substantially repaired, for any cause, the cost will be charged to the plaque permittee.  A LOGO or TODS plaque will not be replaced until full payment has been received.  The permittee shall be responsible for delivering a replacement or renovated LOGO or TODS plaque to the Department to replace any LOGO or TODS plaque which is lost, stolen, defaced, destroyed or which is in a deteriorated condition.
13.0	Permit Denial, Revocation, Suspension, and Appeal Process 
13.1	The Department may, upon written notice, deny a permit application or renewal or may revoke a permit.  The provisions of §§ 43-1-410, 43-1-412, 43-1-420 and 24-4-104, CRS and rules promulgated thereunder, shall apply to the denial of a permit application or renewal, or a permit revocation, or immediate suspension.  Notice and hearing concerning such denial, revocation or immediate suspension shall be provided as required by the applicable provisions of these Rules.  Such written notice shall be sent to the applicant or permittee by certified mail.  A request for a hearing shall be made in writing and must be received by the Department no later than 60 days after receipt by applicant/permittee of such notice and addressed as follows:  Colorado Department of Transportation; Roadside Advertising Program Manager; 4201 E. Arkansas Avenue; Denver, CO 80222.
13.2	Plaque permit applications shall be acted upon promptly.  A plaque permit application shall be denied if the applicant fails to provide a complete application or fails to meet any provision of these Rules.  The denial notice shall specify the grounds for such denial, including which applicable requirements or criteria of these Rules or of the Act, 43-1-401, et seq, C.R.S.  the applicant has failed to meet.
13.3	A permit application or renewal application may be denied or a permit revoked if the applicant or permittee fails to meet any provisions of the Rules, including:
13.3.1	Permittees are no longer entitled to a plaque permit under these Rules for businesses no longer available to the traveling public or for businesses that have violated the terms or conditions of their permit, the Rules, or the Act.  The renewal application for such particular businesses shall be denied a plaque permit renewal, as determined by the Department.
13.3.2	LOGO or TODS plaque permit(s) may be revoked and the LOGO or TODS plaque(s) shall be subject to removal when the Department determines that LOGO or TODS sign panels or LOGO or TODS plaques have been or are being erected or maintained at the permitted LOGO or TODS sign panel location, or that LOGO or TODS plaques have been added to or altered in any way, or retained, in violation of these Rules or of the Act.
13.3.3	Upon an approved revision of the urbanized area to include the location where a LOGO or TODS sign panel has been erected, or when the LOGO or TODS sign panel location is for highway purposes, as determined by the Department, such sign panels and attached plaques shall then be prohibited.  The permits for such LOGO or TODS plaque(s) may then be revoked, and such LOGO or TODS sign panel(s) shall then be subject to removal as provided by these Rules.
13.3.4	When the Department has reasonable grounds to believe and finds that the permittee has been guilty of willful and deliberate violation of the Rules, or the health, safety or welfare of the public imperatively requires emergency action, a permit may be immediately suspended as provided in § 24-4-104(4), CRS.  In such emergency situations, the Department may take immediate action prior to notice and hearing, including action to remove or cover a LOGO or TODS plaque or removal of LOGO or TODS sign panel(s).  Notice of permit suspension shall be sent to the permittee immediately by certified mail.  Such notice shall set forth the basis for the required emergency action.