State says EKU signs are "major safety concern"

Feb. 1—Nathan Hutchinson

According to a letter from the Kentucky Transportation Cabinet (KYTC), two electronic advertising devices which were recently placed on the Eastern Kentucky University campus are "major safety concerns to the traveling public," and must be removed or moved.

In a letter to EKU dated Dec. 28, 2022, the transportation cabinet told the school it had seven days to take down both the signs or they would be removed by the state, with any incurred cost of process forwarded to EKU.

One device is located in front of Alumni Coliseum, at the intersection of Veteran's Boulevard, the other is at the Southeastern corner of the intersection of the Eastern Bypass (KY 876) and Lancaster Road (KY 876).

Both signs, the letter from the transportation board says, violate Kentucky Revised Statute 177.106, because they encroach on the right-of-way of a state road(s).

"(The signs) interfere with the safe, convenient and continuous use and maintenance of Eastern Bypass right-of-way," Kelly Baker, Chief District Engineer for the Kentucky Transportation Cabinet District 7, stated in the letter to EKU. "As such, they can not remain."

Baker also stated in the letter that EKU did not get approval from the transportation cabinet before erecting the signage.

"KYTC could not locate any document and/or records that would indicate a permit was requested and/or issued for the two electronic advertising devices/encroachments," Baker said.

According to EKU's Chief Communication Officer Colleen Chaney, the school has appealed the transportation cabinet's decision, and is working closely with the KYTC on resolving the matter.

Chaney said EKU believes they are exempt from the state's statutes regarding advertising devices based on a 1999 letter issued by the transportation cabinet to EKU.

In that letter, which was sent to former EKU Assistant Athletic Director of External Operations Don McBride, a representative from Kentucky's Transportation Engineering Branch wrote that an electronic sign could be constructed by EKU along a Federal Aid Primary Route (FAP), such as the campus area along KY 876 without a permit. The letter cites Kentucky's Administration Regulation 603 KAR 3:080 as a basis for the decision.

"We have sent that (information) to the state for review," Chaney told the Register. "The transportation cabinet was not aware they had issued that. That is currently under review, which is why they have not come in and removed the signs, as the (state's Dec. 28) letter indicated."

However, the law surrounding billboards that was referenced in the 1999 letter was codified and underwent extensive changes in 2021 after the Kentucky legislature passed HB 328.

Among the changes to the law included the ability of the state to asses permit fees of $250 for electronic advertising — which went in effect on Jan. 1.

School officials says the conditions mentioned in the letter from 1999 is still valid, which means they did not need to seek further approval before new construction.

Chaney said the signs are a partnership between EKU and Civic Media Group (CMG), an organization which has placed similar signage at Eastern Michigan University and other college campuses in Georgia and Florida.

A copy of the operating agreement was provided to The Register by EKU.

In section 14 of the document, it states, "the parties have agreed that no City of Richmond or Commonwealth of Kentucky permits shall be necessary before installing the signs shown in exhibits A or C."

Exhibit A includes both the signs near the Eastern Bypass, while exhibit C features scoreboards for the school's baseball and softball fields, which were also recently installed.

On Wednesday, however, Chaney indicated it was CMG which was negligent in getting the permit documentation and approval before construction.

"At the end of the day, if it is the decision by the transportation cabinet that those signs are to be removed, that is actually a CMG issue, because the permit requirement is CMG's responsibility (under the agreement)," she said. "It is a CMG permitting issue and they are currently the owners of the sign."

The 25-year agreement between EKU and CMG does state, "Any large capital costs that can not be handled as maintenance items, such as LED display replacement or rebuilding or relocating the sign, shall be paid by CMG and repaid in the same manner."

Section 14 of the agreement states CMG is responsible for all costs associated with removal and defense if the city or state deems the signs were illegally erected.

The Register contacted Matt Schulze of the CMG on Wednesday.

He said he was unaware of any issues with the project.

"The one sign was just (a replacement), it's been there forever," Schulze said of the sign in front of Alumni Coliseum. "I don't think there's a problem. I haven't heard anything (to indicate) there was going to be a problem."

The state claims the signs also violate other statutes and regulations — most notably 603 KAR 10:040, which requires a permit for any advertising device, whether static or electronic, which is erected with 660 feet of a right of way or is visible from the traveling highway.

"Accordingly, EKU needs to comply with these statutes and the corresponding regulation before it erects any future advertising devices," according to the letter.

The sign in front of Alumni Coliseum has been in use for several months and features advertising for EKU athletics, events at the EKU Center for the Arts, and also sponsored content from local businesses.

The device at the intersection of Lancaster Road and the Eastern Bypass has yet to be activated, because of a power issue, according to Chaney.

Both signs are on public property — the campus of a state-funded university — in the right-of-way of state-maintained roads.

"We are the state. The state is us," Chaney said. "We are one in the same. Ours vs. theirs doesn't truly exist."

Natasha F. Lacy, public information officer for the Kentucky Transportation Cabinet Department of Highways, District 7, told The Register Wednesday, "We are continuing to work with EKU to arrive at a resolution."

Chaney said she is not aware of any timetable for a possible resolution to the issue.

"We are happy to comply, we just want to make sure we are all working from the same set of facts," Chaney said. "We want a safe, hazard-free environment in Richmond. No one wants that intersection clear and accident-free more than Eastern Kentucky University. We just have to trust the process and that they will make the appropriate decision for the safety of our citizens."