la-202609-eea1c4deb6: Display of American Flags within Highway Right-of-Way

Department of Transportation and Development Office of Project Delivery Display of American Flags within Highway Right-of-Way (LAC 70:III.701) Notice is hereby given in accordance with the provisions of the Administrative Procedure Act, R.S. 49:961, et seq., and through the authority granted in R.S. 49:953(C) (1), that the Department of Transportation and Development, Office of Project Delivery, hereby proposes to repeal LAC 70:III.Chapter 7 entitled “Display of American Flags Within Highway Right-of-Way.” The department proposes to repeal Chapter 7 in its entirety because it is duplicative of existing regulations. The substance of Chapter 7 – the conditions, standards and permitting procedures governing the display of American flags within the right-of-way of state highways – is already set forth in LAC 70:II.527, which addresses the same subject matter. Specifically, Section 527, at Paragraph 13 (“Displaying American Flags within Highway Right-of-Way”) and its Sub-paragraphs (a) through (k), together with Paragraphs 14 and 15, prescribes the same clear-zone placement requirements; the same design standards under the American Association of State Highway and Transportation Officials (AASHTO) Standard Specifications for Structural Supports of Highway Signs, Luminaries and Traffic Signals; the same 30-foot maximum flag pole height and flag size limitations; the same provisions for yard-arm and outrigger poles mounted on light standards and utility poles; the same standards for temporary flag poles and for flags flown from bridge substructures; the same requirement that flags be displayed as outlined in Public Law 94-344; the same permit requirement using Project Permit Form 593; and the same requirement that structural drawings be stamped by an engineer licensed by the state of Louisiana. Because these provisions render Chapter 7 redundant, the department proposes to repeal Chapter 7 so that the display of American flags within highway right-of-way is governed by a single, consolidated regulation at LAC 70:II.527. The repeal makes no substantive change to the requirements applicable to flag displays withing highway right-of-way; those requirements remain in effect under LAC 70:II.527. Title 70 TRANSPORTATION Part III. Outdoor Advertising Chapter 7.Display of American Flags within Highway Right-of-Way §701.Conditions Repealed. AUTHORITY NOTE:Promulgated in accordance with R.S. 48:274.2. HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of the Secretary, LR 17:678 (July 1991), amended LR 19:359 (March 1993), repealed by the Department of Transportation and Development, Office of Project Delivery, LR 52: Family Impact Statement In compliance with Act 1183 of the 1999 Regular Session of the Louisiana Legislature the impact of this proposed amendment on the family has been considered. The proposed amendments are not anticipated to have any foreseeable impact on any family as defined by R.S. 49:972(D) or on family formation, stability, and autonomy. Specifically, the implementation of the proposed amendments will have no known or foreseeable effect on: 1.the stability of the family. 2.the authority and rights of parents regarding the education and supervision of their children. 3.the functioning of the family. 4.family earnings and family budget. 5.the behavior and personal responsibility of children. 6.the ability of the family or local government to perform his function. Poverty Impact Statement In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that these proposed Rule changes will have no impact on child, individual, or family poverty in relation to individual or community asset development as described in R.S. 49:973. Specifically, 1.The amendment of these rules will have no known or foreseeable adverse effect on household income, assets, and financial security. 2.The amendment of these rules will have no known or foreseeable adverse effect on early childhood development and preschool through postsecondary education development. 3.The amendment of these rules will have no known or foreseeable adverse effect on employment and workforce development. 4.The amendment of these rules will have no known or foreseeable effect on taxes and tax credits. 5.The amendment of these rules will have no known or foreseeable effect on child and dependent care, housing, health care, nutrition, transportation, and utilities assistance. Small Business Analysis The impact of the amendment of these rules on small businesses, as defined in the Regulatory Flexibility Act, has been considered. The proposed amendment of these rules is not expected to have a significant adverse impact on small businesses. The department, consistent with health, safety, environmental, and economic welfare factors, has considered and, where possible, utilized regulatory methods in amending these rules that will accomplish the objectives of the proposed statutes while minimizing the adverse impact of the rules on small businesses. Provider Impact Statement The amendment of these rules is not anticipated to have any known or foreseeable impact on a provider as defined by House Concurrent Resolution No. 170 of the 2014 Regular Session of the Louisiana State Legislature. Specifically: 1.The amendment of these rules does not have any known or foreseeable impact on the staffing level requirements or qualifications required to provide the same level of service. 2.The amendment of these rules does not have any known or foreseeable impact on the total direct and indirect effect on the cost to a provider to provide the same levels of service. 3.The amendment of these rules does not have any known or foreseeable impact on the overall effect on the ability of a provider to provide the same level of service. Public Comments Interested persons may submit written comments to Andrew Barry, General Counsel, Department of Transportation and Development, Office of General Counsel, P.O. Box 94245, Baton Rouge, Louisiana 70804-9245. Mr. Barry is responsible for responding to inquiries regarding this proposed Rule. The deadline for submitting written comments is at 4:30 p.m. on October 12, 2026. Public Hearing Interested persons may submit a written request to conduct a public hearing by U.S. mail to the Office of General Counsel, ATTN: Andrew Barry, General Counsel, P.O. Box 94245, Baton Rouge, Louisiana 70804-9245; however, such request must be received no later than 4:30 p.m. on October 12, 2026. If the criteria set forth in R.S. 49:961(B)(1) are satisfied, the Department of Transportation and Development will conduct a public hearing at 10:30 a.m. on October 27, 2026 in the Auditorium of the Department of Transportation and Development Headquarters, which is located at 1201 Capitol Access Road, Baton Rouge, LA. To confirm whether a public hearing will be held, interested persons should first call Andrew Barry at (225) 242-4665 after October 12, 2026. If a public hearing is to be held, all interested persons are invited to attend and present data, views, comments, or arguments, orally or in writing. Glenn Ledet, Jr. Secretary FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Display of American Flags within Highway Right-of-Way I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) The proposed rule change will have no implementation costs or savings to state or local governmental units. The proposed rule change repeals LAC 70: III. Chapter 7 (Display of American Flags within Highway Right-of-Way), due to it being duplicative of LAC 70: II, Chapter 5, Section 527, which independently governs the same subject matter and remains in effect. Repealing the duplicative provisions imposes no new duties and eliminates no existing duties. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed rule change will have no effect on the revenue collections of state or local governmental units. No fee or revenue source is established, altered, or eliminated by the repeal of LAC 70: III, 7, because the applicable permit requirements continue under LAC 70: II, 5, Section 527. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) The proposed rule change will have no anticipated costs or economic benefits to directly affected persons, small businesses, or non-governmental groups. The entities eligible to display American flags within highway right-of-way - limited to governing bodies and non-profit organizations - remain subject to the identical conditions and permitting procedures set forth in LAC 70: II, 5, Section 527. Because the substantive requirements are unchanged, no additional costs, forms, or documentation result from the repeal. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed rule change will have no effect on competition or employment in either the public or private sector. The repeal eliminates a duplicative rule without changing the underlying regulatory requirements, which continue under LAC 70: II, 5, Section 527. Glenn Ledet, Jr.Patrice Thomas SecretaryDeputy Fiscal Officer 2609#063Legislative Fiscal Office