State compromises on bus-shelter advertising rules

Public transit bus shelters located in the state highway right of way will be able to post advertising signs to defray the cost of maintaining the shelters, but new state rules now require a local government entity to apply for the transit advertising permits.

“Ultimately, it’s a decent compromise,” said Lisa Sheppard, director of Flathead County Agency on Aging that oversees the Eagle Transit bus system. “Under the new rules Flathead County will apply for the advertising permits and the shelters will still be owned by Chandler Communications.”

Two years ago the Montana Department of Transportation proposed a statewide rule change to prohibit advertising on the outside of bus shelters in state right of way. That would have eliminated most of the shelters used locally by Eagle Transit passengers, the lion’s share of whom are older citizens.

Flathead County has 22 bus shelters, 16 of which are in the state right of way. In the past, Chandler Communications, a private company, was able to directly sell shelter advertising to local businesses. Chandler Communications owner Gary Walrack said the proposed state rule would have put him out of business because he depends on advertising revenue to maintain the shelters.

The state initially proposed the rule change when the Federal Highway Administration asked Montana to create its own set of rules regarding outdoor advertising in highway right of way because the state had no requirements. A federal order in 2012 disallowed the use of state highway right of way for advertising purposes and required a plan for corrective action to bring states into compliance with federal regulations.

At the time, Transportation Director Mike Tooley pointed out that many states allow no advertising on bus shelters. He maintained the state’s initial proposal was “right down the middle of what other states have done.”

Tooley added that “nobody here is anti-bus shelter,” but the proposed change set off a round of opposition from shelter operators, the Montana Transit Association and local government officials who want their constituents to have access to public transportation.

“We’ve been in discussion with MDT (Montana Department of Transportation) for quite some time, as have other stakeholders in the process, on how they can update the rules for advertising that won’t jeopardize our shelters,” Sheppard said.

A state work group, in turn, came up with a set of proposed rules that require the advertising applicant to be a local transit agency or government entity. Private applicants such as Chandler Communications are not eligible for transit advertising permits. The new rules also set requirements for the size and placement of advertisements.

The new rules were imposed in September 2017, and local governments or transit agencies will have a year to get into compliance, Sheppard said.

The matter boiled down to the state being able to assure the federal government that a transit entity has approved these public bus stops, she explained. Flathead County will continue to rely on Chandler Communications to pay for the maintenance of the shelters.

It will cost the county only a minuscule amount of money to handle the paperwork of the advertising permit applications, Sheppard said. Otherwise the shelters cost the county nothing and it’s a great support service for transit passengers, she said.

Features editor Lynnette Hintze may be reached at 758-4421 or lhintze@dailyinterlake.com.