HOUSE BILL No. 5122

 

June 17, 2009, Introduced by Rep. Kandrevas and referred to the Committee on Transportation.

 

     A bill to amend 1972 PA 106, entitled

 

"Highway advertising act of 1972,"

 

by amending sections 2, 7, 7a, 11a, 17, 18, and 21 (MCL 252.302,

 

252.307, 252.307a, 252.311a, 252.317, 252.318, and 252.321),

 

sections 2, 7, 17, and 18 as amended and section 11a as added by

 

2006 PA 448 and section 7a as added by 2006 PA 447.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Business area" means an adjacent area which is zoned

 

under authority of 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 which 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 which

 

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 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. 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 shall not be considered 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 activities recited 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 which 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 to be rented by the

 

public.

 

     (xiii) A temporary business solely established to qualify as

 

commercial or industrial activity under this act.

 

     (b) "Unzoned commercial or industrial area" means an area

 

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

 


local law, regulation or ordinance, which contains 1 or more

 

permanent structures devoted to the industrial or commercial

 

purposes described in subdivision (a), and which 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 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 shall not be considered

 

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 activities recited 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 which 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 to be rented by the

 

public.

 

     (xiii) A temporary business solely established to qualify as

 

commercial or industrial activity under this act.

 

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

 

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

 


being or establish.

 

     (d) "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 appropriate authority of the

 

federal government.

 

     (e) "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 therefor.

 

     (f) "Primary highway" means a highway, other than an

 

interstate highway or freeway, officially designated as a part of

 

the primary system as defined in section 131 of title 23 of the

 

United States Code, 23 USC 131, by the department and approved by

 

the appropriate authority of the federal government.

 

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

 

which through traffic is carried. The traveled way of each of the

 

separate roadways for traffic in opposite directions is a main-

 

traveled way of a divided highway. It does not include facilities

 

as frontage roads, turning roadways or parking areas.

 

     (h) "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, designed, intended or used to

 

advertise or inform.

 

     (i) "Sign structure" means the assembled components which make

 

up an outdoor advertising display, including but not limited to

 


uprights, supports, facings and trim. Such sign structure may

 

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

 

back, T-type or V-type.

 

     (j) "Visible" means a sign that has a message that is capable

 

of being seen and read by a person of normal visual acuity when

 

traveling in a motor vehicle.

 

     (k) "Location" means a place where there is located a single,

 

double-faced, back to back, T-type, or V-type sign structure.

 

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

 

periodic changing of advertising messages, customary maintenance

 

and repair of signs and sign structures.

 

     (m) "Abandoned sign or sign structure" means a sign or sign

 

structure subject to the provisions of 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.

 

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

 

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

 

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

 

primary highway and extending 3,000 feet perpendicularly and then

 

along a line parallel to the right-of-way line.

 

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

 

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

 

township, charter township, or other public or municipal

 

association or corporation.

 

     (q) "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. When a sign

 

consists principally of brand name or trade name advertising and

 

the product or service advertised is only incidental to the

 

principal activity, or if it 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. Signs on narrow strips of

 

land contiguous to the advertised activity, or signs on easements

 

on adjacent property, when the purpose is clearly to circumvent the

 

intent of this act, shall not be considered on-premises signs.

 

     (r) "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. Off-

 

premises directional signs as permitted in this act shall not be

 

considered billboards for the purposes of this section.

 

     (s) "Secondary highway" means a state secondary road or county

 

primary road.

 

     (t) "Tobacco product" means any tobacco product sold to the

 

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

 

tobacco snuff, and chewing tobacco.

 

     (u) "Religious organization sign" means a sign, not larger

 

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

 

     (v) "Service club sign" means a sign, not larger than 8 square

 

feet, that gives notice about nonprofit service clubs or charitable

 

associations.

 

     Sec. 7. (1) A permit fee is payable annually in advance, to be

 

credited to the state trunk line fund. The fee is $100.00 for the

 

first year except that signs in existence prior to a highway's

 


change in designation or jurisdiction which would require signs to

 

be permitted shall only be required to pay the permit renewal

 

amount as provided in subsection (2). The department shall

 

establish an annual expiration date for each permit and may change

 

the expiration date of existing permits to spread the permit

 

renewal activity over the year. Permit fees may be prorated the

 

first year. An application for the renewal of a permit shall be

 

filed with the department at least 30 days before the expiration

 

date.

 

     (2) For signs up to and including 300 square feet, the annual

 

permit renewal fee is $50.00. For signs greater than 300 square

 

feet, the annual permit renewal fee is $80.00. Signs of the service

 

club and religious category as defined in rules promulgated by the

 

department are not subject to an annual renewal fee.

 

     (3) For each permit, the department shall assess a $100.00

 

penalty for delinquent payment of renewal fees. The annual renewal

 

fee for each permit shall increase by an additional $20.00 if the

 

fee is not paid at least 30 days before the expiration date of

 

the permit. If the annual renewal fee for any permit is not paid

 

within 60 days after the permit expiration date, the department may

 

cancel the permit without taking further administrative action

 

unless an administrative hearing is requested by the permit holder

 

within 60 days of the permit expiration date.

 

     (4) Notwithstanding subsection (3), for permits having the

 

same expiration date, the maximum amount of increased annual

 

renewal fees for late payments that may be assessed by the

 

department under this section from 1 permit holder is $10,000.00.

 


     (5) If the department has collected fees or penalties from a

 

permit holder under this section during the period beginning

 

January 1, 2007 and ending on the date of the amendatory act that

 

added this subsection and the total amount collected from that

 

permit holder during that period exceeds $10,000.00, the excess

 

amount for that period shall be credited against future renewal

 

fees of the permit holder.

 

     (6) (4) The department shall require a transfer fee when a

 

request is made to transfer existing permits to a new sign owner.

 

Except as otherwise provided in this subsection, the transfer fee

 

shall be $100.00 for each permit that is requested to be

 

transferred, up to a maximum of $500.00 for a request that

 

identifies 5 or more permits to be transferred. If the department

 

incurs additional costs directly attributable to special and unique

 

circumstances associated with the requested transfer, the

 

department may assess a transfer fee greater than the maximums

 

identified in this subsection to recover those costs incurred by

 

the department.

 

     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 the effective date

 

of the amendatory act that added this section 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.

 

     (e) If a permit holder has a valid annual permit or permits

 

for a site or sites where no sign structure exists or no

 

construction has begun to build a sign structure on January 1,

 

2007, the permit holder may exchange the permit or permits for an

 

interim permit under this section or begin construction under the

 

valid permit or permits no later than 1 year after January 1, 2007.

 

The number of permits that can be received in an exchange shall be

 

determined under subsection (4).

 

     (4) (3) 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.

 

     (4) Subject to subsections (2) and (8), a permit holder who is

 

exchanging a permit or permits under subsection (2)(e) shall be

 

issued 1 interim permit for each of the first 3 permits

 

surrendered. For each permit surrendered under subsection (2)(e)

 


after the first 3 permits surrendered, a permit holder under

 

subsection (2)(e) shall receive 1 interim permit for each 3 permits

 

surrendered. A permit holder shall have 1 year from January 1, 2007

 

to exchange permits pursuant to subsection (2)(e) and this

 

subsection. A permit that is not exchanged pursuant to subsection

 

(2)(e) and this subsection cannot be exchanged and shall expire no

 

later than 1 year after January 1, 2007.

 

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

 

structure that measures less than 8 square feet for signs in the

 

categories of service club signs and religious organization signs.

 

     (12) Notwithstanding anything else in this act that may be to

 

the contrary, permits issued under subsection (11) are not eligible

 

to be surrendered for an interim permit.

 

     Sec. 11a. (1) Subject to the requirements of this section, the

 

department is authorized to and shall issue permits for the

 

management of vegetation to the owner of a sign subject to this

 

act.

 

     (2) A sign owner may apply to the department for a permit to

 

manage vegetation using the department's approved form. The

 

application shall be accompanied by an application fee of $150.00

 

to cover the costs of evaluating and processing the application.

 

The application shall be submitted during the 2 or more annual

 


application periods not less than 60 days each, as specified by the

 

department. The application shall clearly identify the vegetation

 

to be managed in order to create visibility of the sign within the

 

billboard viewing zone and all proposed mitigation for the impacts

 

of the vegetation management undertaken. The application shall also

 

include anticipated management that will be needed in the future to

 

maintain the visibility of the sign within the billboard viewing

 

zone for the time specified in subsection (4) and procedures for

 

clearing vegetation as determined by the department.

 

     (3) From January 1, 2007 until January 1, 2008, upon proper

 

receipt by the department of an application and application fee,

 

and based on the provisions of subsection (4), an applicant shall

 

be notified of approval, approval with modifications, or denial no

 

later than 90 days after the last day of the application period.

 

Beginning January 1, 2008 Unless otherwise agreed to by the

 

department and an applicant, the department shall issue its

 

decision on an application no later than 30 days after the last day

 

of the application period. The department shall approve the

 

application, approve the application with modification, or deny the

 

application. If the department approves the application or approves

 

the application with modification, it shall notify the applicant

 

and the notification shall include the value of the vegetation to

 

be managed as determined by the department using the most recent

 

version of the international society of arboriculture's guide for

 

plant appraisal and the corresponding Michigan tree evaluation

 

supplement to the guide for plant appraisal published by the

 

Michigan forestry and park association. The department may use

 


another objective authoritative guide or establish a value schedule

 

based on the past history of the valuation process and the

 

principles outlined in the guide for plant appraisal, in

 

consultation with representatives of the outdoor advertising

 

industry and other interested parties. , if either the guide or the

 

supplement has not been updated for more than 5 years. Unless the

 

applicant or the department requests otherwise, a value schedule,

 

if established, shall be used for all vegetation valuation. If

 

established, the value schedule shall be updated by the department

 

in consultation with representatives of the outdoor advertising

 

industry and other interested parties at least every 3 years. The

 

notification to the applicant shall also include any required

 

mitigation for the vegetation to be managed and all conditions and

 

requirements associated with the issuance of the permit. The permit

 

fee shall be $300.00, except that in special and unique situations

 

and circumstances where the department incurs additional costs

 

directly attributable to the approval of the permit, a fee greater

 

than $300.00 adequate for the recovery of additional costs may be

 

assessed. The employment of nondepartment personnel or outside

 

vendors for the sole purpose of meeting statutory deadlines is not

 

a special and unique situation, and no additional costs shall be

 

assessed against the applicant. Upon receipt of the permit fee,

 

payment for the value of the vegetation, and compliance with MDOT

 

conditions and requirements, the department shall issue the permit.

 

     (4) Subject to the provisions of this subsection, a permit to

 

manage vegetation shall provide for a minimum of 5 seconds of

 

continuous, clear, and unobstructed view of the billboard face

 


based on travel at the posted speed as measured from the point

 

directly adjacent to the point of the billboard closest to the

 

highway. The department and the applicant may enter into an

 

agreement, at the request of the applicant, identifying the

 

specific location of the continuous, clear, and unobstructed view

 

within the billboard viewing zone. The specific location may begin

 

at a point anywhere within the billboard viewing zone but shall

 

result in a continuous, clear, and unobstructed view of not less

 

than 5 seconds. An applicant shall apply for a permit that

 

minimizes the amount of vegetation to be managed for the amount of

 

viewing time requested. Applications for vegetation management that

 

provide for greater than 5 seconds of continuous, clear, and

 

unobstructed viewing at the posted speed as measured from a point

 

directly adjacent to the point of the billboard closest to the

 

highway shall not be rejected based solely upon the application

 

exceeding the 5-second minimum. For billboards spaced less than 500

 

feet apart, vegetation management, when permitted, shall provide

 

for a minimum of 5 seconds of continuous, clear, and unobstructed

 

view of the billboard face based on travel at the posted speed or

 

the distance between the billboard and the adjacent billboard,

 

whichever is less.

 

     (5) The department shall issue permits for vegetation

 

management in a viewing cone or, at the department's discretion,

 

another shape that provides for the continuous, clear, and

 

unobstructed view of the billboard face. The department may, in its

 

discretion, issue a permit for vegetation management outside of the

 

billboard viewing zone.

 


     (6) If no suitable alternative exists or the applicant is

 

unable to provide acceptable mitigation, the department may deny an

 

application or provide a limited permit to manage vegetation when

 

it can be demonstrated that 1 or more of the following situations

 

exist:

 

     (a) The vegetation management would have an adverse impact on

 

safety.

 

     (b) The vegetation management would have an adverse impact on

 

operations of the state trunk line highway.

 

     (c) The vegetation management conflicts with federal or state

 

law, rules, or statutory requirements.

 

     (d) The applicant does not have the approval of the owner of

 

the property.

 

     (e) The vegetation to be managed was planted or permitted to

 

be planted by the department for a specific purpose. This

 

subdivision does not apply to requests to manage vegetation that

 

was planted in the billboard viewing zone after January 1, 2007

 

except where the request to manage vegetation would provide for

 

greater than 5 seconds of continuous, clear, and unobstructed view

 

of the billboard face.

 

     (f) Vegetation would be managed for a newly constructed

 

billboard or vegetation existed that obscured the billboard or

 

would have obscured the billboard before it was constructed. In

 

denying an application or providing a limited permit, the

 

department shall consider previous vegetation management that was

 

allowed at the billboard site.

 

     (g) The management would occur on a scenic or heritage route

 


that was designated on or before the effective date of the

 

amendatory act that added this section.

 

     (h) The application is for a sign that has been found, after a

 

hearing in accordance with section 19, not to be in compliance with

 

this act.

 

     (i) Other special or unique circumstances or conditions exist,

 

including, but not limited to, adverse impact on the environment,

 

natural features, or adjacent property owners.

 

     (7) If the department denies an application or issues a

 

limited permit under this subsection, the department shall provide

 

a specific rationale for denying an application or approving a

 

limited permit.

 

     (8) No later than 30 days after receiving a denial or a

 

limited permit under subsection (6), an applicant may request the

 

review and reconsideration of the denial or limited permit. The

 

applicant shall submit its request in writing on a form as

 

determined by the department. The applicant shall state the

 

specific item or items for which review and reconsideration are

 

being requested. An applicant who received a limited permit may

 

manage vegetation in accordance with that permit during the review

 

and reconsideration period.

 

     (9) No later than 90 days after January 1, 2007, the

 

department shall develop a procedure for review and reconsideration

 

of applications that are denied or that result in the issuance of a

 

limited permit. This procedure shall include at least 2 levels of

 

review and provide for input from the applicant. The review period

 

shall not exceed 120 days. The department shall consult with all

 


affected and interested parties, including, but not limited to,

 

representatives of the outdoor advertising industry, in the

 

development of this procedure.

 

     (10) If, after review and reconsideration as provided for in

 

subsection (8), the applicant is denied a permit or issued a

 

limited permit, the applicant may appeal the decision of the

 

department to a court of competent jurisdiction.

 

     (11) All work performed in connection with trimming, removing,

 

or relocating vegetation shall be performed at the sign owner's

 

expense.

 

     (12) The department shall not plant or authorize to be planted

 

any vegetation that obstructs, or through expected normal growth

 

will obstruct in the future, the visibility within the billboard

 

viewing 5-second zone of continuous, clear, unobstructed view of

 

the billboard face of any portion of a sign face subject to this

 

act.

 

     (13) The department shall prepare an annual report for

 

submission to the legislature regarding the vegetation management

 

undertaken pursuant to this section. At a minimum, this report

 

shall include all of the following items:

 

     (a) The number of application periods.

 

     (b) The number of applications submitted under this section.

 

     (c) The number of permits approved without modifications.

 

     (d) The number of permits approved with modifications.

 

     (e) The number of permits denied.

 

     (f) The number of modified or denied permits which were

 

appealed.

 


     (g) The number of appeals that reversed the department's

 

decision.

 

     (h) The number of appeals that upheld the department's

 

decision.

 

     (i) The number of permits approved which requested a

 

visibility time period exceeding 5 seconds.

 

     (j) The amount of compensation paid to the state for removed

 

vegetation.

 

     (k) The average number of days after the end of the

 

application period before an applicant was sent notice that a

 

permit was approved.

 

     (l) A summary of the reasons for which the department denied or

 

modified permits.

 

     (m) A summary of the amount of all revenues and expenses

 

associated with the management of the vegetation program.

 

     (14) The report in subsection (13) shall contain a summary for

 

the entire state and report in detail for each department region.

 

The department shall provide the report to the legislature for

 

review no later than 90 days following the completion of each

 

fiscal year. The reporting deadline for the initial report is 18

 

months after January 1, 2007.

 

     (15) A person who under the authority of a permit obtained

 

under this section trims or removes more trees and shrubs than the

 

permit authorizes is subject to 1 or more of the following

 

penalties:

 

     (a) For the first 3 violations during a 3-year period, a

 

penalty of an amount up to $5,000.00 or the amount authorized as a

 


penalty in section 11(1), whichever is greater.

 

     (b) For the fourth violation during a 3-year period and any

 

additional violation during that period, a penalty of an amount up

 

to $25,000.00 or double the amount authorized as a penalty in

 

section 11(1), whichever is greater, for each violation.

 

     (c) For the fourth violation during a 3-year period, and any

 

additional violation, a person is not eligible to obtain or renew a

 

permit under this section for a period of 3 years from the date of

 

the fourth violation.

 

     (16) If the department alleges that a person has trimmed or

 

removed more trees or shrubs than the permit authorizes, then the

 

department shall notify the person of its intent to seek any 1 or

 

more of the penalties provided in subsection (15). The notification

 

shall be in writing and delivered via United States certified mail,

 

and shall detail the conduct the department alleges constitutes a

 

violation of subsection (15), shall indicate what penalties the

 

department will be seeking under subsection (15), and shall occur

 

within 30 days of the filing of the completion order for the

 

trimming or removal of trees or shrubs the department alleges

 

violated the permit. Any allegation by the department that a person

 

has trimmed or removed more trees or shrubs than the permit

 

authorizes shall be subject to the appeals process contained in

 

section 11(8) subsections (8), (9), and (10).

 

     (17) As used in this act:

 

     (a) "Billboard viewing zone" means the 1,000-foot area

 

measured at the pavement edge of the main-traveled way closest to

 

the billboard having as its terminus the point of the right-of-way

 


line immediately adjacent to the billboard.

 

     (b) "Vegetation management" means the trimming, removal, or

 

relocation of trees, shrubs, or other plant material.

 

     (c) "Viewing cone" means the triangular area described as the

 

point directly below the face of the billboard closest to the

 

roadway, the point directly below the billboard face farthest away

 

from the roadway, a point as measured from a point directly

 

adjacent to the part of the billboard closest to the roadway and

 

extending back parallel to the roadway the distance that provides

 

the view of the billboard prescribed in this section, and the

 

triangle described by the points extending upward to the top of the

 

billboard.

 

     Sec. 17. (1) 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 1,000 500 feet to

 

another sign structure on the same side of the highway.

 

     (2) Along primary highways a sign structure shall not be

 

closer than 500 300 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.

 

     Sec. 18. The following signs or sign structures are

 

prohibited:

 

     (a) Those which purport to regulate, warn, or direct the

 

movement of traffic or which interfere with, imitate, or resemble

 

any official traffic sign, signal, or device.

 

     (b) Those which are not adequately maintained and in a good

 

state of repair.

 

     (c) Those which are erected or maintained upon trees or

 

painted or drawn upon rocks or other natural resources.

 

     (d) Those which prevent the driver of a motor vehicle from

 


having a clear and unobstructed view of approaching, intersecting,

 

or merging traffic.

 

     (e) Those which are abandoned.

 

     (f) Those that involve motion or rotation of any part of the

 

structure, running animation or displays, or flashing or moving

 

lights. This subdivision does not apply to a sign or sign structure

 

with static messages or images that change if the rate of change

 

between 2 static messages or images does not exceed more than 1

 

change per 6 seconds, each change is complete in 1 second or less,

 

and the maximum daylight sign luminance level does not exceed

 

62,000 candelas per meter squared at 40,000 lux illumination

 

beginning 1/2 hour after sunrise and continuing until 1/2 hour

 

before sunset and does not exceed 375 candelas per meter squared at

 

4 lux illumination at all other times. sign possesses and utilizes

 

automatic dimming capabilities so that the maximum luminescence

 

level is not more than 0.3 foot candles over ambient light levels

 

measured at a distance of 150 feet for those sign faces at least

 

300 square feet and less than or equal to 378 square feet, measured

 

at a distance of 250 feet for those sign faces measuring greater

 

than 378 square feet and less than or equal to 672 square feet, and

 

measured at 350 feet for those sign faces measuring greater than

 

672 square feet. In addition to the above requirements, signs

 

exempted under this subdivision shall be configured to default to a

 

static display in the event of mechanical failure.

 

     (g) Signs found to be in violation of subdivision (f) shall be

 

brought into compliance by the permit holder or its agent no later

 

than 24 hours after receipt by the permit holder or its agent of an

 


official written notice from the department. Failure to comply with

 

this subdivision within this specified time frame shall result in a

 

$100.00 penalty being assessed to the sign owner for each day the

 

sign remains out of compliance. The first repeat violation of

 

subdivision (f), for a specific sign, shall also be brought into

 

compliance by the permit holder or its agent within 24 hours after

 

receipt of an official written notice from the department. Failure

 

to comply with the official written notice within the 24-hour

 

period for the first repeat violation subjects the sign owner to a

 

$1,000.00 penalty for each day the sign remains out of compliance.

 

These penalties are required to be submitted to the department

 

before the sign's permit is renewed under section 6. Second repeat

 

violations of subdivision (f), for a specific sign, shall result in

 

permanent removal of the variable message display device from that

 

sign by the department or the sign owner.

 

     Sec. 21. A Except as otherwise provided in section 7, a person

 

who erects or maintains any sign or sign structure or other object

 

for outdoor advertising subject to the provisions of this act

 

without complying with this act is liable for a penalty of not less

 

than $100.00 nor more than $1,000.00 for each violation which shall

 

be paid into the state trunk line fund. Penalties shall be sued

 

for, by and in the name of the department and shall be recoverable

 

with the reasonable costs thereof in the district or circuit court

 

in the county where the person maintains his principal place of

 

business or in the county where the signs erected or maintained

 

without complying with this act are located. A person who falsely

 

misrepresents information submitted in a permit form pursuant to

 


section 6 is guilty of a misdemeanor. A sign erected or maintained

 

under a permit falsely secured in such a manner shall be deemed to

 

be abandoned and is not eligible for removal compensation.