LRB-2219/1
EVM:cjs
2015 - 2016 LEGISLATURE
April 7, 2016 - Introduced by Representative Stuck. Referred to Committee on
Rules.
AB1023,1,10
1An Act to repeal 59.70 (22), 60.23 (29), 84.30 (4) (bm) and 84.305;
to renumber
2and amend 84.30 (10m);
to amend 84.30 (1), 84.30 (2) (a), 84.30 (2) (j), 84.30
3(3) (intro.), 84.30 (3) (c) 2., 84.30 (3) (e), 84.30 (3) (h), 84.30 (4) (intro.), 84.30 (4)
4(b) 1., 84.30 (4) (b) 2., 84.30 (4) (c) 1., 84.30 (4) (c) 2., 84.30 (4) (c) 3., 84.30 (5) (bm),
584.30 (10) (a), 84.30 (14), 227.43 (1) (bg) and 289.33 (3) (d);
to repeal and
6recreate 84.30 (10m) (title); and
to create 20.395 (9) (aq), 20.932, 41.17 (4)
7(dm), 66.0430, 84.30 (2) (dg), 84.30 (2) (im), 84.30 (2) (jm), 84.30 (3) (gm), 84.30
8(4m), 84.30 (9g), 84.30 (9r), 84.30 (10m) (b), 84.30 (10s) and 84.30 (14) (c) of the
9statutes;
relating to: outdoor advertising signs, granting rule-making
10authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill alters numerous provisions relating to the regulation of outdoor
advertising signs along highways.
The federal Highway Beautification Act requires states to restrict advertising
along interstate and federal-aid primary (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 beyond
660 feet but visible (and erected for the purpose of being visible) from, the
main-traveled way of an interstate or primary highway. The exceptions to this
prohibition include, with some restrictions:
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.
This bill eliminates the permit system for the maintenance and removal by sign
owners of vegetation obstructing the view of signs along state trunk highways.
Under current law, towns and counties are authorized to regulate the
maintenance and construction of billboards and other similar structures on premises
abutting on certain highways in the town or county so as to promote the safety of
public travel on the highways.
Under this bill, a city, village, town, or county may enact an ordinance that
regulates the construction and maintenance of billboards and other similar
structures on premises abutting on highways that are maintained by the city, village,
town, or county. If enacted, such an ordinance must promote aesthetic values and
public safety on the highways.
This bill prohibits any office, department, or independent agency in the
executive branch, the legislature, or the courts from purchasing, leasing, accepting,
or using billboard space on nonconforming signs.
Under current law, the Department of Tourism may award joint effort
marketing funds to nonprofit organizations, including American Indian tribes or
bands, for projects designed to promote attractions and facilities in this state. While
an applicant for joint effort marketing funds must specify the advertising media to
be used in a project funded by the funds, there is no restriction on the kinds of media
that may be used. This bill prohibits the use of joint effort marketing funds for
advertising on nonconforming signs.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.