SB-0149, As Passed Senate, March 10, 2011
February 16, 2011, Introduced by Senator KAHN and referred to the Committee on Transportation.
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending sections 7a and 17 (MCL 252.307a and 252.317), section
7a as amended by 2010 PA 350 and section 17 as amended by 2009 PA
86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7a. (1) Except as otherwise provided in this section, the
department shall not issue annual permits for new signs on or after
January 1, 2007.
(2) Permits issued by the department before January 1, 2007
remain in force and valid.
(3) On and after January 1, 2007, the department shall issue
an interim permit or permits to a holder of a valid permit or
permits if all of the following conditions are met:
(a) The holder of the valid permit or permits is otherwise in
compliance with this act.
(b) The holder of the permit or permits surrenders the permit
or permits to the department upon the removal of a sign structure
or sign structures that have a valid permit under this act.
(c) The holder of the permit or permits verifies the removal
of the sign structure or sign structures in writing to the
department.
(d) The department verifies that the sign structure or
structures have been removed or the removal has been deemed
effective under this section.
(4)
Except as otherwise provided in this subsection, an An
interim permit that is issued under this section shall only be
utilized for the construction of a new sign structure and shall
remain in effect without expiration with fees renewed on an annual
basis.
A sign constructed pursuant to an interim permit shall not
be
closer than 900 feet to another sign structure on the same side
of
the highway along interstate highways, freeways, and primary
highways.
An application for an interim permit for an existing sign
structure
shall be granted if all of the following conditions are
met:
(a)
The application is submitted between December 1, 2010 and
March 1, 2011.
(b)
The existing structure is not closer than 900 feet to
another
sign structure along the same side of the highway.
(c)
The county in which the existing sign structure is located
has
a population of less than 211,000 and more than 175,000 as
determined
by the most recent federal decennial census.
(d)
The application is submitted for a digital billboard.
(5)
In addition to the annual permit provided for in section
6,
a sign owner shall apply for a digital billboard permit on a
form
prescribed by the department for each sign allowed under
section
18(f) to be maintained or to be erected in an adjacent area
where
the facing of the sign is visible from an interstate highway,
freeway,
or primary highway. A sign owner shall apply for a
separate
digital billboard permit for each sign allowed under the
provisions
of section 18(f) for each highway subject to this act
from
which the facing of the sign allowed under the provisions of
section
18(f) is visible. The owner shall apply for the digital
billboard
permit for signs allowed under the provisions of section
18(f)
that become subject to the permit requirements of this act
because
of a change in highway designation or other reason not
within
the control of the sign owner within 2 months after the sign
becomes
subject to the permit requirements of this act. The form
shall
require the name and business address of the applicant, the
name
and address of the owner of the property on which the sign is
to
be located, the date the sign, if currently maintained, was
erected,
the zoning classification of the property, a precise
description
of where the sign is or will be situated, and a
certification
that the sign is not prohibited by this act and that
the
sign does not violate this act. The department may require
documentation
to verify the zoning, the consent of the land owner,
and
any other matter considered essential to the evaluation of
compliance
with this act.
(6)
In addition to the application as provided for in
subsection
(5), the applicant for a digital billboard permit shall
do
all of the following for each digital billboard permit applied
for:
(a)
Surrender an interim permit or an annual permit for a
digital
billboard permit unless the application is for a digital
billboard
permit that satisfies the conditions of subsection (4)(a)
to
(d).
(b)
For signs stacked 1 on top of another, the removal and
surrender
of all permits for sign faces greater than that which is
allowed
under the provisions of section 15(2).
(c)
Agree to enroll the digital billboard face in a department
traffic
and weather monitoring program or a department emergency
alert
program, including, but not limited to, the national amber
alert
program, or both.
(7)
Within 90 days of the effective date of the amendatory act
that
added this subsection, the owner of a sign that is allowed
under
section 18(f) that was erected prior to the effective date of
the
amendatory act that added this subsection shall apply for, and
the
department shall issue, a digital billboard permit.
(5) (8)
The department shall verify that an
existing sign
structure has been removed no later than 30 days after the
department receives written notice from the permit holder that the
sign structure has been removed. If the department does not respond
to the written notice within 30 days after receipt of the written
notice, then the permit holder shall be deemed to have removed the
sign structure in compliance with this section.
Senate Bill No. 149 as amended March 8, 2011
(6) (9)
A holder of 2 valid permits for a
sign structure with
2 faces who complies with this section shall receive 2 interim
permits for the construction of a sign structure with 2 faces. A
permit holder under this subsection shall not receive 2 interim
permits to construct 2 single-face sign structures.
(7) (10)
A holder of a valid permit for a
sign structure with
a single face is entitled to exchange that permit under this
section for an interim permit with a single face. A holder of valid
permits for 2 different single-face structures may exchange the 2
permits under this section for 2 interim permits to construct 2
single-face sign structures or 2 interim permits to construct 1
sign structure with 2 faces.
(8) (11)
A holder of more than 2 valid
permits for a sign
structure with more than 2 faces may exchange the permits under
this section for a maximum of 2 interim permits. The 2 interim
permits received under this section shall only be used to construct
1 sign structure with no more than 2 faces.
(9) (12)
After construction of a sign
structure under an
interim permit is complete, the department shall issue renewable
permits annually for the completed sign structure.
(10) (13)
If a permit holder for a sign
structure that exists
on January 1, 2007 requires additional permits for any reason, [or if the
owner of a sign that meets the requirements of section 17(9) applies for a permit before July 1, 2011,] the
department may issue a valid renewable permit renewable on an
annual basis without complying with subsection (2) even if the
permit holder has more than 2 valid permits as a result.
(11) (14)
The department may issue a permit
for a new sign
structure that measures no more than 8 square feet for signs in the
categories of service club signs and religious organization signs.
(12) (15)
Notwithstanding anything else in
this act that may
be
to the contrary, permits issued under subsection (14) (11) are
not eligible to be surrendered for an interim permit.
Sec.
17. (1) Along Except as
otherwise provided in subsection
(9), along interstate highways and freeways, a sign structure
located in a business area or unzoned commercial or industrial area
shall not be erected closer than 1,000 feet to another sign
structure on the same side of the highway.
(2) Along primary highways a sign structure shall not be
closer than 500 feet to another sign structure.
(3) The provisions of this section do not apply to signs
separated by a building or other visual obstruction in such a
manner that only 1 sign located within the spacing distances is
visible from the highway at any time, provided that the building or
other visual obstruction has not been created for the purpose of
visually obstructing either of the signs at issue.
(4) Along interstate highways and freeways located outside of
incorporated municipalities, a sign structure shall not be
permitted adjacent to or within 500 feet of an interchange, an
intersection at grade or a safety roadside rest area. The 500 feet
shall be measured from the point of beginning or ending of pavement
widening at the exit from, or entrance to, the main-traveled way.
(5) Official signs as described in section 13(1)(a) and on-
premises signs shall not be counted nor shall measurements be made
from them for purposes of determining compliance with the spacing
requirements provided in this section.
(6) The spacing requirements provided in this section apply
separately to each side of the highway.
(7) The spacing requirements provided in this section shall be
measured along the nearest edge of the pavement of the highway
between points directly opposite each sign.
(8) A sign that was erected in compliance with the spacing
requirements of this section that were in effect at the time when
the sign was erected, but which does not comply with the spacing
requirements of this section after March 23, 1999, shall not be
considered unlawful as that term is used in section 22.
(9) Along an interstate highway, where the interstate highway
is designated by 1 letter and 3 numbers, and the interstate highway
is located in a county with a population of less than 211,000 but
more than 175,000 as determined by the most recent federal
decennial census, an existing sign structure that was erected prior
to the date of the amendatory act that added this subsection shall
not be closer than 900 feet to another sign structure on the same
side of the highway.