D'Egidio

The Outdoor Advertising Act (Bus. & Prof. Code, § 5200 et seq.; the Act) regulates advertising displays (i.e., billboards) adjacent to interstate or primary highways in California. Section 5270, part of the Act, states: “The regulation of the placing of advertising displays by this chapter, insofar as such regulation may affect the placing of advertising displays within view of the public highways of this state in unincorporated areas, shall be exclusive of all other regulations for the placing of advertising displays within view of the public highways of this state in unincorporated areas whether fixed by a law of this state or by a political subdivision thereof.” Despite this statement of exclusivity, the Act also contains several provisions that authorize counties and cities to enact regulations or ordinances affecting the placing of billboards, imposing restrictions on advertising displays adjacent to any highway, or requiring permits and/or licenses for the placing of billboards in view of any highway. (E.g., §§ 5227, 5230, 5231.)

The primary question presented in this case is whether section 5270 precludes application of county or city billboard ordinances with…