LRB-2260/1
ARG:nwn:jf
2009 - 2010 LEGISLATURE
April 30, 2009 - Introduced by Representatives Staskunas, Fields, Friske,
Gunderson, Honadel, Smith, Soletski, Spanbauer, Van Roy, Vos and Zepnick,
cosponsored by Senators Kreitlow, Taylor, Grothman, Hansen, Kapanke,
Leibham, Olsen and
Plale. Referred to Committee on Transportation.
AB242,1,2
1An Act to amend 84.30 (5) (bm); and
to create 84.30 (5) (e) of the statutes;
2relating to: the removal of nonconforming outdoor advertising signs.
Analysis by the Legislative Reference Bureau
The federal Highway Beautification Act requires states to restrict advertising
along interstate and federal-aid primary highways, and current state law
incorporates these requirements. Current law prohibits, with certain exceptions,
the erection or maintenance of outdoor advertising signs within 660 feet of, or
otherwise visible (and intended to be visible) from, the main-traveled way of an
interstate or federal-aid primary highway. The Department of Transportation 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. Current law permits customary maintenance
of certain nonconforming signs but, if the nonconforming sign is enlarged, replaced,
or relocated, the sign may be removed without compensation.
This bill provides that any nonconforming sign may be removed without
compensation if the costs of repairing and maintaining the sign within any 36
consecutive months exceed 50 percent of the replacement costs of the sign and that
such repairs and maintenance do not constitute customary maintenance.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB242, s. 1
1Section
1. 84.30 (5) (bm) of the statutes is amended to read:
AB242,2,92
84.30
(5) (bm) Signs lawfully erected, but which do not conform to the
3requirements of sub. (3) (c), are declared nonconforming but are not subject to
4removal, except as otherwise provided in this paragraph
and par. (e). To allow such
5signs to exist, to perform customary maintenance thereon or to change the
6advertising message thereof, does not constitute a violation of sub. (3), but to enlarge,
7replace or relocate such signs, or to erect additional signs, shall constitute a violation
8subjecting the sign to removal without compensation, unless upon completion of such
9work all signs upon the property conform to the requirements of sub. (3).
AB242, s. 2
10Section
2. 84.30 (5) (e) of the statutes is created to read:
AB242,2,1511
84.30
(5) (e) Notwithstanding sub. (6), any sign declared nonconforming under
12this subsection shall be subject to removal without compensation if the costs of
13repairs and maintenance to the sign within any 36-consecutive-month period
14exceed 50 percent of the replacement costs of the sign. Such repairs and maintenance
15do not constitute customary maintenance for the purposes of this subsection.
AB242,2,1817
(1) This act first applies to the 36-consecutive-month period immediately
18preceding the effective date of this subsection.
AB242,2,2120
(1) This act takes effect on the first day of the first month beginning after
21publication.
