Skip to main content

Bus. & Prof. Code, § 5440 · Article 8. Landscaped Freeways

Bus. & Prof. Code, § 5440

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) Except as otherwise provided in this article, no advertising display may be placed or maintained on property adjacent to a 1,000-foot or greater section of a freeway that has been landscaped with at least an average width of 20 feet of landscaping or that includes trees, on department-owned property at the same or elevated grade of the main-traveled way if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway.

(b) The department shall determine the average width by dividing the square footage of a landscaped area by its length.

(c) (1) All existing classifications shall remain in effect until the department receives a request for a new classification review in accordance with applicable regulations.

(2) The department may charge a fee in an amount not to exceed the reasonable costs incurred by the department in conducting a classification review and not to exceed five hundred dollars ($500).

(d) For purposes of this section, “average width of 20 feet” means that over any 1,000-foot section freeway there averages at least 20 feet of total property contiguous to all sides of the main traveled way between the outer edge of the shoulders and the freeway right-of-way boundaries, including median plantings, that otherwise meets the definition of a landscaped freeway in Section 5216.

Notes and commentary — not statutory text

History

Amended by Stats. 2018, Ch. 926, Sec. 2. (AB 3168) Effective January 1, 2019.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=5440.
Text hash
sha256 0fb7fea7f87123098fc9219a882e5732fe2c3de0f92066b8e11b194fb71f7193
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

This section cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Cited by 8 provisions

Provisions in this library whose text cites Bus. & Prof. Code, § 5440. Each shows the citation as that text prints it.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.