Outdoor advertising signs, granting rule-making authority, and making an appropriation. (FE)

1. Directional and other official signs, including signs relating to natural wonders and scenic and historical attractions.

2. Landmark signs.

3. Signs advertising the sale or lease of property on which the signs are located.

4. On-premises signs, which are signs advertising activities conducted on the property where the signs are located.

5. Signs located beyond 660 feet of the highway in urban areas.

6. Signs located within 660 feet of the highway in areas zoned for business, industrial, or commercial activities, or in unzoned areas used for commercial or industrial activities, that were in existence on March 18, 1972.

7. Signs located within 660 feet of the highway in areas zoned for business, industrial, or commercial activities, or in unzoned areas used for commercial or industrial activities, that were erected after March 18, 1972. These signs must comply with certain size, lighting, and spacing requirements (off-premises business area signs). If, however, a county or local zoning authority has made a determination of customary use regarding size, lighting, and spacing, that determination may be accepted in lieu of the statutory requirements.

8. Certain signs erected on farm buildings.

This bill freezes, as of the effective date of the bill, the application of the exception to off-premises business area signs, thereby prohibiting the erection of signs under that exception after the bill's effective date. Signs erected under this exception prior to the bill's effective date may continue to be maintained and to vary their advertising and informative displays.

This bill extends the provisions governing outdoor advertising signs along interstate and federal-aid primary highways to all state trunk highways and scenic byways.

Under this bill, a determination of customary use by a county or local zoning authority does not affect the applicability of statutory size, lighting, or spacing requirements.

Under current law, the Department of Transportation (DOT) generally may remove signs that do not conform to applicable requirements but, for each sign removed, must pay just compensation to the owner of the sign and to the owner of the land on which the sign is located. For on-property signs, if the on-property sign was lawful when it was erected but later does not comply with the applicable requirements for on-property signs, DOT must declare the sign to be nonconforming but may not remove the sign unless additional criteria are met. These signs are not subject to removal for changing the advertising message on the sign or performing customary maintenance on the sign, but are subject to removal, without compensation, if the sign is enlarged, replaced, or relocated or if additional signs are erected.

Under this bill, "customary maintenance" is defined to mean any of the following and similar activities when performed to maintain a sign in substantially the same form as when the sign became non-conforming: preparing surfaces for painting; repairing or replacing fasteners such as nails, screws, or bolts; replacing lighting components and associated fixtures; or fastening broken pieces of a sign back together with glue or fasteners. Customary maintenance specifically does not include using different materials for any replacement or adding any structural elements such as posts, poles, braces or guy wires, crossbeams, or sign faces. Also under this bill, the owner of a nonconforming on-property sign must maintain a record of all work performed on the sign, including a photograph of each item of work performed, and provide a report to DOT of the work performed.

Under current law, off-premises business area signs may not contain flashing, intermittent, or moving lights, except:

1. Those signs giving public service information.

2. Certain signs that contain multiple or variable messages, including messages on louvers that are rotated and messages formed solely by use of lights or other electronic or digital displays.

Under this bill, the exception from the prohibition of flashing, intermittent, or moving lights for certain signs that contain multiple or variable messages is eliminated.

Under this bill, DOT must promulgate rules establishing size, height, setback, brightness, and hours of operation standards for signs that are illuminated. Signs may be illuminated only if the owner of the sign has received a permit from DOT, which is issued if the sign complies with DOT illumination rules.

This bill requires DOT to conduct biennial surveys of signs. A survey must include all of the following for each sign:

1. A photograph of each side.

2. Approximate measurement of the length and height.

3. An assessment of the sign's structural type.

4. Approximate measurement of the distance from each sign to the center line of the adjacent highway and to the nearest sign.

Under this bill, DOT must maintain a database of information related to signs.

The database must include the information from DOT sign surveys and all of the following information for each sign:

1. The name and address of the owner.

2. The name and address of the installer.

3. The name and address of the owner of the parcel on which the sign is located.

4. The name and address of any occupant of the parcel on which the sign is located.

5. Zoning and land use status of the parcel on which the sign is located.

6. If commercial or industrial activity occurs on the parcel on which the sign is located, a description of the activity.

7. Any other information required by DOT.

Also under this bill, an owner of a sign must provide any information required to be included in the database to DOT and must update the information whenever the information in the database is no longer accurate.

Under current law, no person may erect or maintain an outdoor advertising sign visible from the main-traveled way of an interstate or federal-aid highway unless he or she possesses a license issued by DOT, the sign complies with applicable regulations, and, if DOT has promulgated a rule requiring payment of an annual permit fee for the sign, the person has paid the annual permit fee.

Under this bill, DOT must establish a license fee and an annual permit fee.

DOT is required to set the fees so as to recover its approximate costs of regulating outdoor advertising signs.

Under current law, DOT is responsible for maintenance of the highway right-of-way on highways that, for maintenance purposes, are under its jurisdiction, which are generally state trunk highways (including interstate highways) but do not include connecting highways. DOT must provide for the care and protection of trees and other roadside vegetation. DOT must also cut, trim, or remove, or allow others to cut, trim, or remove, trees and other vegetation in order to provide safety to highway users. Current law generally prohibits a person from cutting, trimming, removing, or planting a tree or other vegetation within the right-of-way of a state trunk highway without DOT's consent.

Currently, DOT administers a permit system for the maintenance and removal by sign owners of vegetation obstructing the view of signs along state trunk highways, including interstate highways. DOT is required to issue permits to sign owners for the trimming or removal of vegetation in the highway right-of-way if, within a distance of 500 continuous feet along the highway, the vegetation obstructs motorists' view of the face of a sign. A permit authorizes the sign owner, or a third-party contractor employed by the sign owner, to trim or remove obstructing vegetation to the extent necessary to eliminate the obstruction and restore an unobstructed view of the sign for the 500 continuous feet along the highway. Each permit must require a sign owner that removes certain planted vegetation to plant comparable replacement vegetation or compensate DOT for the removed vegetation.