Q The County has been expanding and improving its park system, and a private company has proposed providing trail markers and other signage at no cost to the county. As consideration for providing and maintaining the signage, the company would obtain the right to sell advertising on some of the signage space. Would such an arrangement be legal? May the county allow the sale of sponsorship signs to be placed in the park (on benches, trail head signs, etc.)?

A Under its home rule authority (Section 19-3-40), counties have the authority, in certain instances, to sell advertising space and/or accept revenue from private advertising fees in consideration for contractual arrangements relating to signs, advertisements and analogous electronic media. Whether or not this would be allowable would depend on the structure of the contractual arrangement, and compliance with any applicable purchase laws. This does not authorize, however, the installation of signs by the county to be used solely for private advertising purposes. (Attorney General’s Opinion to Nowak, November 22, 2013)