SB-0953, As Passed Senate, December 15, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 953

A bill to amend 1972 PA 106, entitled

"Highway advertising act of 1972,"

by amending sections 2, 3, 4, 6, 7a, 7b, 17, 17a, 19, and 20 (MCL

252.302, 252.303, 252.304, 252.306, 252.307a, 252.307b, 252.317,

252.317a, 252.319, and 252.320), sections 2, 4, 6, 7a, and 17 as

amended and sections 7b and 17a as added by 2014 PA 2, sections 3

and 19 as amended by 2006 PA 448, and section 20 as added by 1998

PA 464.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(a) "Abandoned or discontinued sign or sign structure" or

"abandoned sign" means a sign or sign structure subject to this

act, the owner of which has failed to secure a permit, has failed

to identify the sign or sign structure, or has failed to respond to

notice.

(b) "Adjacent area" means the area measured from the nearest

edge of the right-of-way of an interstate highway, freeway, or

primary highway and, in urbanized areas, extending 3,000 feet

perpendicularly and then along a line parallel to the right-of-way

line or, outside of urbanized areas, extending perpendicularly to

the limit where a sign is visible and then along a line parallel to

the right-of-way line.

act.

(d) "Billboard" means a sign separate from a premises erected

for the purpose of advertising a product, event, person, or subject

not related to the premises on which the sign is located. Billboard

does not include an off-premises directional sign.

(e) "Business area" means an adjacent area that is zoned by a

state, county, township, or municipal zoning authority for

industrial or commercial purposes, customarily referred to as "b"

or business, "c" or commercial, "i" or industrial, "m" or

manufacturing, and "s" or service, and all other similar

classifications and that is within a city, village, or charter

township or is within 1 mile of the corporate limits of a city,

village, or charter township or is beyond 1 mile of the corporate

limits of a city, village, or charter township and contains 1 or

more permanent structures devoted to the industrial or commercial

purposes described in this subdivision and that extends along the

highway a distance of 800 feet beyond each edge of the activity.

Business area includes an adjacent area that is zoned by a state,

county, city, village, township, or charter township zoning

authority as part of a comprehensive land development project or

planned unit development in which commercial or industrial activity

is allowed, but does not include an adjacent area that is not along

an interstate highway, freeway, primary highway, or other regulated

route. Each side of the highway is considered separately in

applying this definition except that where it is not

topographically feasible for a sign or sign structure to be erected

or maintained on the same side of the highway as the permanent

structure devoted to industrial or commercial purposes, a business

area may be established on the opposite side of a primary highway

in an area zoned commercial or industrial or in an unzoned area

with the approval of the state highway commission. A permanent

structure devoted to industrial or commercial purposes does not

result in the establishment of a business area on both sides of the

highway. As used in this subdivision, "permanent structure devoted

to industrial or commercial purposes" includes a school building or

a high school building, including an athletic field or facility,

that is located on public school property and used for

instructional or noninstructional school purposes. All measurements

shall be from the outer edge of the regularly used building,

parking lot, or storage or processing area of the commercial or

industrial activity and not from the property lines of the

activities and shall be along or parallel to the edge or pavement

of the highway. Commercial or industrial purposes are those

activities generally restricted to commercial or industrial zones

in jurisdictions that have zoning. In addition, the following

activities are not commercial or industrial:

(i) Agricultural, animal husbandry, forestry, grazing,

farming, and related activities, including, but not limited to,

wayside fresh produce stands.

(ii) Transient or temporary activities.

(iii) Activities not visible from the main-traveled way.

(iv) Activities conducted in a building principally used as a

residence, or in a building located on property that is used

principally for residential purposes or for the activities in

subparagraph (i).

(v) Railroad tracks and minor sidings.

(vi) Outdoor advertising.

(vii) Activities more than 660 feet from the main-traveled

way.

(viii) Activities that have not been in continuous operation

of a business or commercial nature for at least 2 years.

(ix) Public utility facilities, whether regularly staffed or

not.

(x) Structures associated with on-site outdoor recreational

activities such as riding stables, golf course shops, and

campground offices.

(xi) Activities conducted in a structure for which an

occupancy permit has not been issued or that is not a fully

enclosed building, having all necessary utility service and

sanitary facilities required for its intended commercial or

industrial use.

(xii) A storage facility for a business or other activity not

located on the same property, except a storage building having at

least 10 separate units that are available for rent by the public.

(xiii) A temporary business solely established to qualify as

commercial or industrial activity under this act.

(f) "Department" means the state transportation department.

(g) "Destroyed sign" means a nonconforming sign that has been

damaged by storm, fire, or other casualty that requires customary

maintenance and repair in excess of 60% of the replacement cost of

a new sign structure constructed of equivalent materials and

equipment. Destroyed sign does not include a nonconforming sign

that has been damaged by vandalism or a negligent act of a person.

(h) "Digital billboard" means a sign or sign structure that

utilizes an electronic means to display a series of messages that

are changed by electronic means. Digital billboard does not include

a sign that contains an embedded electronic message device or a

trivision sign.

(i) "Digital billboard permit" means a permit for a digital

billboard that is renewable on an annual basis.

(j) "Directional sign" means a sign that contains only

directional information regarding and the identification of 1 of

the following:

(i) A public or private activity or attraction that is owned

or operated by the federal or a state or local government or an

agency of the federal or a state or local government.

(ii) A publicly or privately owned natural phenomenon or a

historic, cultural, scientific, educational, or religious site.

(iii) An area that is in the interest of the traveling public,

if the area is of natural scenic beauty or is naturally suited for

outdoor recreation.

(k) "Embedded electronic message device" means an accessory

that is made part of a sign, sign face, or sign structure with a

total area that is less than that of the sign face to which it is

attached, and displays only static messages containing text or

numbers that are directly associated with the current advertiser.

Embedded electronic message device does not include a digital

billboard or a device that displays graphics other than messages

containing text or numbers.

(l) "Erect" means to construct, build, raise, assemble, place,

affix, attach, create, paint, draw, or in any other way bring into

being or establish.

(m) "Existing vegetation" means trees, bushes, and ground

cover that the department intends to maintain and that are at least

the same size as similar vegetation that the department would

customarily install and maintain or allow to be installed and

maintained as part of a roadside management plan, roadside

management project, or landscaping project.

(n) "Freeway" means a divided highway of not less than 2 lanes

in each direction to which owners or occupants of abutting property

or the public do not have a right of ingress or egress to, from, or

across the highway, except at points determined by or as otherwise

provided by the authorities responsible for the freeway.

(o) "Incorporated municipality" means a city, village, or

charter township.

(p) "Index" means the Detroit consumer price index for all

urban consumers published by the United States ~~bureau~~ Bureau of

~~labor statistics~~ Labor Statistics or, if that index ceases to be

published by the United States ~~bureau~~ Bureau of ~~labor statistics,~~

Labor Statistics, the published index that most closely measures

inflation, as determined by the department.

(q) "Interim permit" means a permit that can be utilized by

the applicant to construct a sign structure that is visible from a

freeway, interstate, or primary highway.

(r) "Interstate highway" means a highway officially designated

as a part of the national system of interstate and defense highways

by the department and approved by the federal government under 23

USC 103.

(s) "Location" means a place where a sign structure subject to

this act is located.

(t) "Main-traveled way" means the traveled way of a highway on

which through traffic is carried. Main-traveled way includes the

traveled way of each of the separate roadways for traffic in

opposite directions on a divided highway. Main-traveled way does

not include facilities such as frontage roads, turning roadways, or

parking areas.

(u) "Maintain" means to allow to exist and includes the

periodic changing of advertising messages, and customary

maintenance and repair of signs and sign structures.

(v) "Nationally known" means an activity or attraction that is

all of the following:

(i) An active part of a national advertising promotion.

(ii) Listed on a national register, if applicable.

(iii) Staffed and maintains a register of visitors.

(iv) Listed in national travel guides.

(v) Organized to provide information or conducted tours for a

significant portion of the year, or for at least 3 months if the

activity or attraction is seasonal in nature.

(w) "Nonconforming sign" means a sign or sign structure, other

than a nonstandard sign or a sign that is erected and maintained in

a business area along a scenic byway prior to the designation as a

scenic byway, that satisfies 1 of the following:

(i) Was legally erected before March 31, 1972 but a permit for

the sign or sign structure could not be legally ~~erected~~ issued

under the current provisions of this act.

(ii) Is a sign or sign structure regulated under this act ~~that~~

for which a permit was legally ~~erected~~ issued after March 31, 1972

but a permit for the sign or sign structure could not be legally

~~erected~~ issued under the current provisions of this act.

(x) "Nonstandard sign" means a sign or sign structure other

than a nonconforming sign, that is subject to this act, for which a

permit was legally ~~erected~~ issued under this act before March 23,

1999, is not a nonconforming sign, and does not comply with the

spacing requirements in section 17(1) or (2), but otherwise

complies with this act.

(y) "On-premises sign" means a sign advertising activities

conducted or maintained on the property on which it is located. The

boundary of the property shall be as determined by tax rolls, deed

registrations, and apparent land use delineations. If a sign

consists principally of brand name or trade name advertising and

the product or service advertised is only incidental to the

principal activity conducted or maintained on the property, or if

the sign brings rental income to the property owner or sign owner,

it shall be considered the business of outdoor advertising and not

an on-premises sign. On-premises sign does not include a sign on a

narrow strip of land contiguous to the advertised activity, or a

sign on an easement on adjacent property, when the purpose is

clearly to circumvent the intent of this act.

(z) "Person" means any individual, partnership, private

association, or corporation, state, county, city, village,

township, charter township, or other public or municipal

association or corporation.

(aa) "Primary highway" means a highway other than an

interstate highway or freeway that is a regulated route.

(bb) "Public school property" means property located along an

interstate highway, freeway, primary highway, or other regulated

route that, on or before December 31, 2016, is owned or leased by

the governing board of a public school or property located along an

interstate highway, freeway, primary highway, or other regulated

route that, on or before December 31, 2016, is owned or leased by a

foundation owned or managed by the governing board of a public

school.

(cc) ~~(bb)~~ "Regionally known" means an activity or attraction

that is all of the following:

(i) Known throughout this state or the peninsula of this state

in which the activity or attraction is located and in 1 or more

states adjoining this state.

(ii) Listed on a state register, if applicable.

(iii) Staffed and maintains a register of visitors.

(iv) Organized to provide information or conducted tours for a

significant portion of the year, or for at least 3 months if the

activity or attraction is seasonal in nature.

(dd) ~~(cc)~~ "Regulated route" means an interstate highway,

freeway, or primary highway required to be regulated under 23 USC

131 and any other route that is required to be regulated or may

become required to be regulated by the department under this act or

another state or federal statute or legal requirement.

(ee) ~~(dd)~~ "Religious organization sign" means a sign, not

larger than 8 square feet, that gives notice of religious services.

(ff) ~~(ee)~~ "Scenic byway" means a regulated route that is

required to be regulated as a scenic byway under 23 USC 131.

(gg) ~~(ff)~~ "Secondary highway" means a state secondary road or

county primary road.

(hh) ~~(gg)~~ "Service club sign" means a sign, not larger than 8

square feet, that gives notice about nonprofit service clubs or

charitable associations.

(ii) ~~(hh)~~ "Sign" means any outdoor sign, display, device,

figure, painting, drawing, message, placard, poster, billboard, or

other thing, whether placed individually or on a T-type, V-type,

back to back, or double-faced display, that is designed, intended,

or used to advertise or inform.

(jj) ~~(ii)~~ "Sign structure" means the assembled components that

make up an outdoor advertising display, including, but not limited

to, uprights, supports, facings, and trim. A sign structure may

contain 1 or 2 signs per facing and may be double-faced, back to

back, T-type, or V-type.

(kk) ~~(jj)~~ "Tobacco product" means any tobacco product sold to

the general public and includes, but is not limited to, cigarettes,

tobacco snuff, and chewing tobacco.

(ll) ~~(kk)~~ "Trivision sign" means a sign or sign structure that

uses mechanical means to display more than 1 message in sequence.

(mm) (ll) "Unzoned commercial or industrial area" means an

area that is within an adjacent area, that is not zoned by state or

local law, regulation, or ordinance, or public school property that

is subject to jurisdiction conferred under section 1263(3) of the

revised school code, 1976 PA 451, MCL 380.1263, that contains 1 or

more permanent structures devoted to the industrial or commercial

purposes described in subdivision (e), and that extends along the

highway a distance of 800 feet beyond each edge of the activity.

Each side of the highway is considered separately in applying this

definition except that where it is not topographically feasible for

a sign or sign structure to be erected or maintained on the same

side of the highway as the permanent structure devoted to

industrial or commercial purposes, an unzoned commercial or

industrial area may be established on the opposite side of a

primary highway in an area zoned commercial or industrial or in an

unzoned area with the approval of the state highway commission. A

permanent structure devoted to industrial or commercial purposes

does not result in the establishment of an unzoned commercial or

industrial area on both sides of the highway. All measurements

shall be from the outer edge of the regularly used building,

parking lot, or storage or processing area of the commercial or

industrial activity and not from the property lines of the

activities and shall be along or parallel to the edge or pavement

of the highway. Commercial or industrial purposes are those

activities generally restricted to commercial or industrial zones

in jurisdictions that have zoning. In addition, the following

activities are not commercial or industrial:

(i) Agricultural, animal husbandry, forestry, grazing, farming

and related activities, including, but not limited to, wayside

fresh produce stands.

(ii) Transient or temporary activities.

(iii) Activities not visible from the main-traveled way.

(iv) Activities conducted in a building principally used as a

residence, or in a building located on property that is used

principally for residential purposes or for the activities in

subparagraph (i).

(v) Railroad tracks and minor sidings.

(vi) Outdoor advertising.

(vii) Activities more than 660 feet from the main-traveled

way.

(viii) Activities that have not been in continuous operation

of a business or commercial nature for at least 2 years.

(ix) Public utility facilities, whether regularly staffed or

not.

(x) Structures associated with on-site outdoor recreational

activities such as riding stables, golf course shops, and

campground offices.

(xi) Activities conducted in a structure for which an

occupancy permit has not been issued or that is not a fully

enclosed building, having all necessary utility service and

sanitary facilities required for its intended commercial or

industrial use.

(xii) A storage facility for a business or other activity not

located on the same property, except a storage building having at

least 10 separate units that are available for rent by the public.

(xiii) A temporary business solely established to qualify as

commercial or industrial activity under this act.

(nn) ~~(mm)~~ "Visible" means a sign that has a message that is

capable of being seen by an individual of normal visual acuity when

traveling in a motor vehicle.

Sec. 3. To promote the reasonable, orderly, and effective

display of outdoor advertising, to improve and enhance scenic

beauty consistent with ~~section 131 of title 23 of the United States~~

~~Code,~~ 23 USC 131, and to limit and reduce the illegal possession

and use of tobacco by minors, the legislature finds it appropriate

to regulate and control outdoor advertising and outdoor advertising

as it pertains to tobacco adjacent to the streets, roads, highways,

and freeways within this state and that outdoor advertising is

serves a public need as a legitimate accessory commercial use of

private property, is an integral part of the marketing function,

and an established segment of the economy of this state.

Sec. 4. This act regulates and controls the size, lighting,

and spacing of signs and sign structures in adjacent areas and

occupies the whole field of that regulation and control except for

the following:

(a) A county, city, village, township, or charter township may

enact ordinances to regulate and control the operation, size,

lighting, and spacing of signs and sign structures but shall not

permit a sign or sign structure that is otherwise prohibited by

this act or require or cause the removal of lawfully erected signs

or sign structures subject to this act without the payment of just

compensation. A sign owner shall apply for an annual permit

pursuant to section 6 for each sign to be maintained or to be

erected within that county, city, village, charter township, or

township. A sign erected or maintained within that county, city,

village, township, or charter township shall also comply with all

applicable provisions of this act. An ordinance or code adopted by

a county, city, village, township, or charter township that

regulates the operation, size, lighting, or spacing of signs and

sign structures and that is more stringent than the laws of this

state is not made void by this act.

(b) A county, city, village, charter township, or township

vested by law with authority to enact zoning codes has full

authority under its own zoning codes or ordinances to establish

commercial or industrial areas and the actions of a county, city,

village, charter township, or township in so doing shall be

accepted for the purposes of this act. However, except as provided

in subdivision (a), zoning that is not part of a comprehensive

zoning plan and is taken primarily to permit outdoor advertising

structures shall not be accepted for purposes of this act. A zone

in which limited commercial or industrial activities are permitted

as incidental to other primary land uses is not a commercial or

industrial zone for outdoor advertising control purposes.

charter township that existed on March 31, 1972 and that prohibits

signs or sign structures is not made void by this act.

(d) A county ordinance that regulates and controls the size,

lighting, and spacing of signs and sign structures shall only apply

in a township within the county if the township has not enacted an

ordinance to regulate and control the size, lighting, and spacing

of signs and sign structures.

(e) A county, on its own initiative or at the request of a

city, village, township, or charter township within that county,

may prepare a model ordinance as described in subdivision (a). A

city, village, township, or charter township within that county may

adopt the model ordinance.

Sec. 6. (1) A sign owner shall apply for an annual permit on a

form prescribed by the department for each sign or sign structure

to be maintained or erected in an adjacent area where the facing of

the sign or sign structure is visible from a regulated route. 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

or sign structure is to be located, the date the sign or sign

structure, if currently maintained, was erected, the zoning

classification of the property, a precise description of where the

sign or sign structure is or will be situated and a certification

that the sign or sign structure is not prohibited by section 18(a),

(b), (c), or (d) and that the sign or sign structure does not

violate any provisions of this act. The sign permit application

shall include a statement signed by the owner of the land on which

the sign or sign structure is to be placed, acknowledging that no

trees or shrubs in the adjacent highway right-of-way may be

removed, trimmed, or in any way damaged or destroyed without the

written authorization of the department. ~~The~~ Except as otherwise

provided in this subsection, the department may require

documentation to verify the zoning classification of the property,

the consent of the land owner, and any other matter considered

essential to the evaluation of compliance with this act. A sign

owner shall apply for a separate annual permit for each sign or

sign structure for each regulated route subject to this act from

which the facing of the sign or sign structure is visible.

(2) The owner of a sign or sign structure shall apply for an

annual permit for each sign or sign structure that becomes 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 receiving notice from the

department that the sign or sign structure is subject to the permit

requirements of this act. Both of the following apply to an annual

permit issued under this subsection:

(a) The annual permit is not subject to section 7a.

(b) The annual permit may not be surrendered for an interim

permit under section 7a(3).

(3) In Except as otherwise provided in this subsection, in

addition to an annual permit under subsection (1), a sign owner

shall apply for and the department shall issue a digital billboard

permit for each digital billboard that is not a nonconforming sign

and that meets the requirements of section 17(3) to be maintained

or erected in an adjacent area where the facing of the sign or sign

structure is visible from a regulated route. The information

provided by an applicant under this subsection shall be on a form

prescribed by the department. A sign owner shall apply for a

separate digital billboard permit for each sign or sign structure

allowed under section 17(3) for each regulated route from which the

facing of the sign or sign structure is visible. The owner of a

sign or sign structure shall apply for a digital billboard permit

for each digital billboard that becomes 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 receiving notice from the department that the sign or

sign structure is subject to the permit requirements of this act.

Both of the following apply to a digital billboard permit issued

under this subsection:

(a) The digital billboard permit is not subject to section 7a.

(b) The digital billboard permit may not be surrendered for an

interim permit under section 7a(3).

(4) Notwithstanding any other provision of this act, ~~within 90~~

~~days after the effective date of the amendatory act that added this~~

~~subsection,~~ the owner of a digital billboard that was legally

erected, or who applied for a digital billboard permit before ~~the~~

~~effective date of the amendatory act that added this subsection~~

~~shall apply~~ August 1, 2015 that was revoked or denied, may apply

for, and the department shall issue, a digital billboard permit. A

digital billboard permitted under this subsection or subsection (5)

is exempt from section 17(3), and the department shall not require

any form of consideration for a digital billboard permitted under

this subsection or subsection (5) other than payment of the

appropriate application fee and annual renewal fees as required

under this act.

(5) Notwithstanding any other provision of this act, if, on

~~the effective date of the amendatory act that added this~~

~~subsection,~~ or before January 1, 2016, an individual has obtained

location approval from the department and approval from the local

unit of government having jurisdiction of that location to ~~erect~~

convert an existing billboard to a digital billboard, he or she

shall apply for, and the department shall issue, a digital

billboard permit.

(6) Both of the following apply to the owner of a nonstandard

sign:

(a) In addition to an annual permit under subsection (1), the

owner of a nonstandard sign may apply for a digital billboard

permit to erect and maintain a digital billboard on a nonstandard

sign by applying for a digital billboard permit on a form

prescribed by the department, paying the required fee, and

surrendering 3 interim permits to the department. The owner of a

nonstandard sign seeking a digital billboard permit under this

subsection shall apply for a separate digital billboard permit for

each sign or sign structure for each regulated route from which the

facing of the sign or sign structure is visible, but shall not be

required to surrender more than a total of 3 interim permits.

(b) ~~Beginning~~ Except as otherwise provided in this

subdivision, beginning on ~~the effective date of the amendatory act~~

~~that added this subdivision~~ January 30, 2014 and ending ~~1 year~~

~~after the effective date of the amendatory act that added this~~

~~subdivision,~~ January 30, 2015, for the first 8 nonstandard signs

for which the owner applies for a digital billboard permit under

subdivision (a), the owner shall not be required to surrender 3

interim permits. This subdivision only applies to signs located in

a county having a population of not less than 750,000. The spacing

requirements under section 17(4) apply to the first 8 nonstandard

signs for which the owner applies for a digital billboard permit

under subdivision (a). The January 30, 2015 deadline described in

this subdivision shall be extended for an owner who has applied for

a digital billboard permit under this section and has applied for,

but not yet received, approval from a local unit of government

having jurisdiction of the location upon which he or she seeks to

erect a digital billboard. The extension described in this

subdivision shall be for an amount of time equal to the amount of

time that elapsed between the date of application for approval to

the local unit of government and the date approval is granted by

the local unit of government. For purposes of this subdivision, a

2-sided sign or sign structure that was erected on or before

January 30, 2014 shall be treated as a single sign or sign

structure and the owner shall not be required to surrender more

than 3 interim permits under this subdivision. An owner may reapply

for a digital billboard permit that he or she previously applied

for and was either denied or revoked before January 1, 2016. Upon a

reapplication described in this subdivision, the department shall

issue a digital billboard permit to the owner if the owner is in

compliance with the other requirements of this subsection.

Sec. 7a. (1) Except as otherwise provided in this section,

section 6(2)(a), and section 7b, the department shall not issue an

annual permit for a new sign on or after January 1, 2007.

(2) A permit issued by the department before January 1, 2007

remains in force and valid.

(3) On and after January 1, 2007, the department shall issue

an interim permit to a holder of a valid permit if all of the

following conditions are met:

(a) The holder of the valid permit is otherwise in compliance

with this act.

(b) The holder of the permit surrenders the permit to the

department upon the removal of a sign structure that has a valid

permit under this act.

structure in writing to the department.

(d) The department verifies that the sign structure has been

removed or the removal has been deemed effective under this

section.

(4) An interim permit issued under this section shall only be

utilized for the construction of a sign structure and shall remain

in effect without expiration with fees renewed on an annual basis.

A sign erected using an interim permit shall not be closer than

1,000 feet to another sign structure on the same side of the

highway along interstate highways and freeways or closer than 500

feet to another sign structure on the same side of the highway

along primary highways. An interim permit shall not be used to

erect a sign in a location where existing vegetation is greater

than 8 feet tall or where existing vegetation was removed without

the department's permission.

(5) 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.

(6) 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) 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) 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) 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) 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(10)

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 (1) even if the permit holder has more

than 2 valid permits as a result.

(11) The department may issue a permit for a new sign

structure that measures no more than 8 square feet for service club

signs or religious organization signs.

(12) Notwithstanding anything in this act to the contrary,

permits issued under subsection (11) are not eligible to be

surrendered for an interim permit.

(13) Notwithstanding anything in this act to the contrary, the

department may issue a permit for an existing sign that advertises

a product, service, or retail business that is owned and operated

by the sign owner if the location for the sign meets all existing

requirements of this act, or if the sign is an existing

nonconforming sign that advertises a product, service, or retail

business that is owned and operated by the sign owner and the sign

owner held an original permit for that sign on January 1, 2007.

(14) A permit issued under subsection (13) is not transferable

and is not eligible to be surrendered for an interim permit.

(15) Notwithstanding anything in this act to the contrary, the

department may issue a permit for a sign that is no more than 150

square feet in size and that advertises a product, service,

attraction, destination, or retail business that is owned and

operated or served by the sign owner, if the sign meets all other

requirements of this act. A permit issued under this subsection is

not transferable and is not eligible to be surrendered for an

interim permit. The department shall not issue more than 4 permits

under this subsection to an attraction, destination, or retail

business.

(16) Both of the following apply to the owner of an existing

sign or sign structure whose permit was canceled due to nonpayment

of renewal fees:

(a) He or she may apply for a new annual permit by submitting

an application for a new annual permit and surrendering an interim

permit, or pay a penalty of $500.00.

(b) No later than 60 180days after notice is sent under

section 7(4)(a), the owner of an existing sign or sign structure

whose permit expired ~~during December 2012~~ 1 year or less after the

date his or her renewal fee was due to because of nonpayment of

renewal fees may apply for a new annual permit by submitting an

application for a new annual permit and surrendering 1 interim

permit per sign, but shall not be required to submit more than 1

interim permit per sign structure, or pay a fee of $500.00.

Sec. 7b. (1) Notwithstanding anything in this act to the

contrary, the department may issue a permit for a directional sign

for a publicly or privately owned activity or attraction that is

nationally known or regionally known, that is of outstanding

interest to the traveling public, and that is generally considered

to be 1 of the following:

(a) A natural phenomenon.

(b) A scenic attraction.

religious site.

(d) An outdoor recreational area.

(2) A permit issued under this section is exempt from section

7a, is not transferable, and is not eligible to be surrendered for

an interim permit.

(3) A permit issued under this section shall be for a sign

that is no larger than 150 square feet in size, no more than 20

feet high, and no more than 20 feet long, including border and trim

and excluding supports.

(4) A sign for which a permit is issued under this section

shall not be any of the following:

(a) Closer than 2,000 feet to an interchange, rest area, park

land, scenic area, or intersection at-grade along the interstate

system, a freeway, or a primary highway, as measured from the

nearest point of the beginning or ending of pavement widening at

the exit from, or entrance to, the main-traveled way.

(b) Closer than 1 mile to another directional sign on either

side of the road facing the same direction.

greater than 50 air miles from the activity or attraction.

(5) The department shall not issue a permit under this section

if there are more than 3 signs identifying the same activity or

attraction facing the same direction on either side of the road

along a single regulated route approaching the activity or

attraction.

(6) The message displayed on a sign for which a permit is

issued under this section shall only identify the activity or

attraction and directional information useful to the traveler in

locating the activity or attraction, including mileage, route

numbers, website address and telephone number of the activity or

attraction, and exit numbers. The message displayed on a sign for

which a permit is issued under this section shall not include

descriptive words or phrases or pictorial or photographic

representations of the activity or attraction or the surrounding

area.

Sec. 17. (1) Except as otherwise provided in subsections (10)

and (11), along interstate highways and freeways, a sign structure

located in a business area or unzoned commercial or industrial area

shall not be erected or maintained 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

erected or maintained closer than 500 feet to another sign

structure.

(3) Except as otherwise provided in subsection (4), a sign

utilizing a digital billboard permit shall not be closer than 1,750

feet to another sign utilizing a digital billboard permit on either

side of the highway facing the same direction of oncoming traffic.

(4) Beginning on ~~the effective date of the amendatory act that~~

~~added this subsection~~ January 30, 2014 and ending ~~1 year after the~~

~~effective date of the amendatory act that added this subsection,~~

January 30, 2015, for the first 8 nonstandard signs for which the

owner applies for a digital billboard permit under section 6(6)(a)

without having to surrender 3 interim permits as provided under

section 6(6)(b), each sign shall not be closer than 1,000 feet to

another sign using a digital billboard permit on either side of the

highway facing the same direction of traffic. This subsection only

applies to signs located in a county having a population of not

less than 750,000.

(5) This section does 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.

(6) 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.

(7) Official signs as described in section 13(1)(a) and on-

premises signs shall not be counted and measurements shall not be

made from them for purposes of determining compliance with the

spacing requirements in this section.

(8) Except as provided in subsection (3), the spacing

requirements in this section apply separately to each side of the

highway.

(9) The spacing requirements in this section shall be measured

along the nearest edge of the pavement of the highway between

points directly opposite each sign.

(10) 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 that does not comply with the spacing

requirements of this section after March 23, 1999, is not unlawful

under section 22.

(11) Along an interstate highway that is designated by 1

letter and 3 numbers and located in a county with a population of

less than 211,000 but more than 175,000, an existing sign structure

that was erected prior to March 24, 2011 shall not be closer than

900 feet to another sign structure on the same side of the highway.

(12) Nothing in this section shall be construed to cause a

sign ~~that~~ for which a permit was legally ~~erected~~ issued under this

act prior to March 23, 1999 to be defined as a nonconforming sign.

Sec. 17a. (1) A nonconforming sign may continue to exist as

long as it is not a destroyed, abandoned, discontinued, or

prohibited sign. A nonconforming sign that has not displayed an

advertising message for more than 1 year shall be considered an

abandoned sign.

(2) A sign owner may perform customary maintenance and repair

of a nonconforming sign. The annual cost of the customary

maintenance and repair shall not exceed 40% of the replacement cost

of ~~a new~~ the nonconforming sign. ~~structure constructed using~~

~~equivalent materials and equipment.~~

(3) A sign owner may perform customary maintenance and repair

of a nonconforming sign that is damaged as a result of storm, fire,

or casualty. Customary maintenance and repair of a nonconforming

sign that is damaged as a result of storm, fire, or casualty shall

not exceed 60% of the replacement cost of ~~a new~~ the nonconforming

sign. ~~structure constructed using equivalent materials and~~

~~equipment.~~ The 60% limitation in this subsection does not apply if

the damage to the nonconforming sign is caused by vandalism or a

negligent act of a person other than the sign owner.

(4) A nonconforming sign owner may not take any action that

places this state out of compliance with federal statutes,

published rules, regulations, or the federal-state agreement on

outdoor advertising.

(5) A nonstandard sign may continue to exist and a sign owner

may perform any action to a nonstandard sign that is allowed under

this act, except for the following:

(a) Increasing the overall height of an existing sign

structure. This subdivision does not apply to a nonstandard sign

that is located in a county having a population of 750,000 or more.

(b) Increasing the total square footage of a sign face to a

size greater than its original square footage.

(6) As used in this section: ~~, "customary maintenance and~~

~~repair"~~

(a) "Customary maintenance and repair" means the repair or

replacement of materials or equipment with equivalent materials or

equipment on a sign or sign structure that restores the structural

integrity of the sign or sign structure or the functionality of the

equipment. Customary maintenance and repair includes, but is not

limited to, modifications to the sign or sign structure that are

designed to comply with state and federal worker safety regulations

and requirements, modifications to the sign structure that are

primarily for the conservation of energy or environmental

preservation, paint, the installation of trim or borders, and

removal of 1 or more sign faces or relocation of all or part of the

sign or sign structure upon request by the department. All of the

following apply to customary maintenance and repair:

(i) ~~(a)~~ Customary maintenance and repair does not include any

of the following:

(A) (i) Enlargement of the sign or sign structure. As used in

this ~~subparagraph,~~ sub-subparagraph, "enlargement of the sign or

sign structure" does not include either of the following:

(I) ~~(A)~~ The installation of a temporary copy enhancement.

(II) ~~(B)~~ The installation of an embedded message device, if

the installation is not prohibited by federal statute or a rule

promulgated by the federal highway administration.

(B) (ii) Except as otherwise provided in this ~~subsection,~~

subdivision, a change in the location of the sign structure.

(D) (iv) Installation of additional signs on a sign structure.

(E) (v) Electrification of the sign or sign structure.

(ii) ~~(b)~~ Notwithstanding any other provision of this act,

customary maintenance and repair includes a modification to a sign

or sign structure that was completed prior to January 1, 2007,

other than electrification, conversion to a digital billboard, or

conversion to a trivision sign. Customary maintenance and repair

includes the reversal of electrification, conversion to a digital

billboard, or conversion to a trivision sign if the

electrification, conversion to a digital billboard, or conversion

to a trivision sign was completed before January 1, 2007.

(b) "Replacement cost" means the total sum of the costs

incurred to erect a new replacement sign or sign structure with

equivalent materials and equipment at current market prices.

Sec. 19. (1) ~~Signs~~ Except as otherwise provided in subsection

(9), signs and their supporting structures erected or maintained in

violation of this act may be removed by the department in the

manner prescribed in this section.

(2) There shall be mailed to the owner of the sign by

certified mail a notice that the sign or its supporting sign

structure violates stated specified provisions of this act and is

subject to removal. If the owner's address cannot be determined, a

notice shall be posted on the sign. The posted notice shall be

written on red waterproof paper stock of a size not less than 8-1/2

inches by 11 inches. The notice shall be posted in the area

designated by section 12 for the placing of permit numbers, in a

manner so that it is visible from the highway faced by the sign or

sign structure.

(3) If the sign or sign structure is not removed or brought

into compliance with this act within 60 days following the date of

posting or mailing of written notice or within such further time as

the department may allow in writing, the sign or sign structure

shall be considered ~~to be~~ abandoned, unless the owner of the sign

or sign structure requests a hearing under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, within

60 days following the date of the posting or mailing of written

notice by the department. Notwithstanding anything in this section

to the contrary, a sign and its supporting structures shall not be

deemed abandoned unless a sign owner exhausts all of his or her

administrative and legal remedies provided for by law.

(4) The department shall conduct a hearing ~~pursuant to~~ under

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

to 24.328, at which it shall confirm that the sign is abandoned,

that due process has been observed, and that the sign may be

removed by the department without payment of compensation and at

the expense of the owner. Signs or sign structures considered

abandoned, and any other sign or sign structure erected or

maintained in violation of this act that is not eligible for

removal compensation as provided in section 22, shall be removed by

the department forthwith or upon the expiration of such further

time as the department allows. The department may recover as a

penalty from the owner of the sign or sign structure or, if he or

she cannot be found, the owner of the real property upon which the

sign or sign structure is located, double the cost of removal or

$500.00, whichever is greater. For frivolous hearings as determined

by the administrative law judge, the department may recover as a

penalty from the owner of the sign or sign structure, or, if the

owner of the sign or sign structure cannot be found, the owner of

the real property upon which the sign or sign structure is located,

double the cost of an administrative hearing incurred by the

department or $500.00, whichever is greater. Any penalty imposed

under this section is subject to de novo review in circuit court.

(5) The department, its agents and employees, and any person

acting under the authority of or by contract with the department

may enter upon private property without liability for so doing in

connection with the posting or the removal of any sign or sign

structure pursuant to this act.

(6) The department may contract on a negotiated basis without

competitive bidding with a permittee under this act for the removal

of any sign or sign structure ~~pursuant to~~ under this act.

(7) Any repeat violation of this act shall be considered a

continuing violation of this act.

(8) A sign or sign structure erected or maintained in

violation of this act is a nuisance per se. The department, before

or after a hearing is conducted, may apply to the circuit court in

the county in which a sign is located for an order to show cause

why the use of a sign erected or maintained in violation of this

act should not be enjoined pending its removal in accordance with

this section.

(9) The department shall not remove a sign or sign structure

that was erected before January 30, 2014 and meets all of the

following:

(a) The department issued a permit for the sign or sign

structure as provided in section 6.

(b) The department renewed the permit described in subdivision

(a) at least 1 time as provided in section 7.

the March 30, 1972 agreement between the United States of America

and this state for carrying out national policy relating to the

control of outdoor advertising in areas adjacent to the national

system of interstate and defense highways and the federal aid

primary system.

Sec. 20. (1) If any part of this act is found by a court to be

invalid or unconstitutional, the remaining parts of this act shall

not be affected but shall remain in full force and effect.

(2) If any section, or a portion of any section, of this act

is found to be out of compliance with federal statutes, published

rules or regulations, or the federal-state agreement on outdoor

advertising, and this state is notified in writing that the federal

government shall withhold transportation funding due to the

noncompliance, that section or portion of that section shall no

longer apply.