Eliminating specific statutory restrictions on outdoor advertisement

HB 4423 Text

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Introduced Version

House Bill 4423 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 4423
By Delegates Gearheart, Hott, Pritt, and Roop
[Introduced January 16, 2026; referred to the Committee on the Judiciary]
A BILL to amend and reenact §17-22-4 of the Code of West Virginia, 1931, as amended, relating to outdoor advertising; and removing specific statutory restrictions on outdoor advertisement.
Be it enacted by the Legislature of West Virginia:

ARTICLE 22. OUTDOOR ADVERTISING.

§17-22-4. General restrictions as to outdoor advertising.

The following restrictions
shall
apply to all advertising signs, displays and devices erected and maintained adjacent to any roads within the state road system, including federal-aid interstate and primary roads.
(1) No advertising sign
shall

may
be erected or maintained which involves rapid motion or rotation of the structure or
any

a
part thereof.
Provided,
That

an

An
advertising sign that
does involve

involves
motion or rotation which is not rapid to effect changeable messages
shall be
is
permitted in accordance with legislative rules to be proposed by the Division of Highways of the Department of Transportation in accordance with
the provisions of
§29A-3-1
et seq.
of this code;
(2) No advertising display or device shall use the word "stop" or "danger" or present or imply the need or requirement of stopping or the existence of danger;
(3) No advertising sign, display, or device
shall

may
be a copy or imitate a traffic sign or other official sign;
(4) No advertising display or device
shall

may
attempt or purport to direct traffic;
(5) No advertising sign
shall

may
contain lighting which is not shielded, and any lighting shall be of such low intensity as not to cause glare or impair the vision of the operator of
any

a
motor vehicle;
(6) No advertising display or device
shall

may
be illuminated by any rapid flashing, intermittent light or lights;
(7) No advertising display or device
shall

may
be painted, affixed, or attached to any natural feature;
(8) No advertising sign, display, or device
shall

may
hinder the clear, unobstructed view of approaching or merging traffic or obscure from view any traffic sign or other official sign;
and
(9) No advertising sign, display, or device
shall be so located as to obscure

may be located where it obscures
the view of any connecting road or intersection.
(10) No advertising sign, display or device shall be erected, outside of any municipality, within five hundred feet of any church, school, cemetery, public park, public reservation, public playground or state or national forest except markers for underground utility facilities;
(11) No advertising sign, the permit for which has been applied for subsequent to December 31, 2003, that is composed of stacked sign faces, one on top of the other, on the same structure, facing the same direction, each having more than three hundred square feet is permitted;
(12) No advertising device which is composed of separate sign faces in a side by side formation, on the same structure, facing the same direction, each having an area of more than three hundred square feet is permitted;
(13) No advertising device, the permit for which has been applied for subsequent to December 31, 2003, which contains a sign facing a single direction may have an area greater than six hundred seventy-two square feet
: Provided,
That cutouts and extensions which expand the area may be allowed to the extent the area is expanded by no more than thirty percent of its original permitted configuration;
(14) No more than one sign structure is permitted at a location

NOTE: The purpose of this bill is to eliminate specific statutory restrictions on outdoor advertisement.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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