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Eagle West LLC v. Georgia Dep't of Transp.

The DOT properly denied permit applications for outdoor advertising signs adjacent to an interstate in an unincorporated area because the sign locations were within the 500 foot blocked out zone for a proposed ramp interchange, as prohibited by O.C.G.A. § 32-6-75 a 18.

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Eagle West, LLC challenges a superior court order affirming the final agency decision of the Georgia Department of Transportation DOT, which denied permits for outdoor advertising signs.1 For reasons that follow, we affirm. On December 30, 2009, Eagle West submitted applications to the DOT seeking permits to erect and maintain outdoor advertising signs adjacent to State Route 405, a/k/a Interstate 95 I-95, near Horse Stamp Church Road in an unincorporated area of Camden County. On February 24, 2010, the DOT denied the permit applications “because the proposed sign locations are within the 500 foot blocked out zone for the proposed ramp interchange” to connect I-95 and Horse Stamp Church Road. The DOT cited OCGA § 32-6-75 a 18 of the Georgia Outdoor Advertising Control Act.2

In relevant part, that provision states, “No sign . . . shall be erected or maintained which . . . “is located outside of the corporate limits of a municipality and adjacent to an interstate highway within 500 feet of an interchange , intersection at grade, or safety rest area.”3 As the parties acknowledge, the foregoing 500-foot zone is commonly referred to as the “blocked out zone.”

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