September 19, 2012, Introduced by Rep. Jacobsen and referred to the Committee on Transportation.
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending sections 2, 6, 7, 7a, 11, 11a, 17, 18, and 22 (MCL
252.302, 252.306, 252.307, 252.307a, 252.311, 252.311a, 252.317,
252.318, and 252.322), sections 2, 7, 11a, and 18 as amended by
2009 PA 86, sections 6 and 11 as amended by 2006 PA 448, sections
7a and 17 as amended by 2011 PA 13, and section 22 as amended by
1998 PA 533, and by adding sections 17a and 17b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Abandoned 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.
Abandoned sign does not include either of the following:
(i) A nonconforming sign that displays a bona fide public
service message or a self-promotional message for the owner of the
sign. As used in this subparagraph, "bona fide public service
message" means a message displayed on behalf of a municipality,
government, or nonprofit agency or entity.
(ii) A nonconforming sign that is prohibited from displaying
any message by action of the department or a court of this state.
(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 extending 3,000 feet perpendicularly and then
along a line parallel to the right-of-way line.
(c) "Annual permit" means a permit for a billboard under this
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) (a)
"Business area" means an
adjacent area which that is
zoned
under authority of 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 which 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 which 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, 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 are 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 the
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 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 to be rented 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
the sign. 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 allowed
under section 18(f). Digital billboard includes a sign or sign
structure that displays a series of messages that are changed by
electronic means.
(i) "Digital billboard permit" means a permit for a digital
billboard allowed under section 18(f).
(j) "Erect" means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw, or in any other way bring into
being or establish.
(k) "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.
(l) "Interim permit" means a permit that can be exchanged for a
permit that authorizes the erection of a new sign structure.
(m) "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.
(n) "Location" means a place where a sign structure subject to
this act is located.
(o) "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.
(p) "Maintain" means to allow to exist and includes the
periodic changing of advertising messages, and customary
maintenance and repair of signs and sign structures.
(q) "Nonconforming sign" means a sign or sign structure that
is regulated under this act and was legally erected and allowed to
be permitted under this act, but could not be legally erected under
the current provisions of this act. Nonconforming sign does not
include a nonstandard sign.
(r) "Nonstandard sign" means a sign or sign structure that was
legally erected before March 23, 1999 and does not comply with the
spacing requirements in section 17(1), but otherwise complies with
this act.
(s) "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.
(t) "Person" means any individual, partnership, private
association, or corporation, state, county, city, village,
township, charter township, or other public or municipal
association or corporation.
(u) "Primary highway" means a highway, other than an
interstate highway or freeway, officially designated by the
department as a part of the primary system as defined in 23 USC
131, and approved by the federal government.
(v) "Religious organization sign" means a sign, not larger
than 8 square feet, that gives notice of religious services.
(w) "Secondary highway" means a state secondary road or county
primary road.
(x) "Service club sign" means a sign, not larger than 8 square
feet, that gives notice about nonprofit service clubs or charitable
associations.
(y) "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.
(z) "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.
(aa) "Tobacco product" means any tobacco product sold to the
general public and includes, but is not limited to, cigarettes,
tobacco snuff, and chewing tobacco.
(bb) (b)
"Unzoned commercial or
industrial area" means an area
which
that is within an adjacent area, which that is
not zoned by
state
or local law, regulation, or ordinance, which that contains
1
or more permanent structures devoted to the industrial or
commercial
purposes described in subdivision (a), (e), and which
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
shall are 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 the
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 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 to be rented for rent 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.
(cc) "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.
Sec. 6. (1) A sign owner shall apply for an annual permit on a
form prescribed by the department for each sign to be maintained or
to
be erected in an adjacent area
where the facing of the sign is
visible from an interstate highway, freeway, or primary highway. A
sign owner shall apply for a separate sign permit for each sign for
each highway subject to this act from which the facing of the sign
is
visible. The owner shall apply for the permit for such signs
which
that become subject to the permit requirements of this
act
because of a change in highway designation or other reason not
within the control of the sign owner within 2 months after
receiving
notice from the department that the
sign becomes is
subject to the permit requirements of this act. The form prescribed
by the department shall require the name and business address of
the applicant, the name and address of the owner of the property on
which the sign is to be located, the date the sign, if currently
maintained, was erected, the zoning classification of the property,
a precise description of where the sign is or will be situated, and
a certification that the sign is not prohibited by section 18(a),
(b),
(c), or (d) and that the sign 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 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
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 the
compliance with this act.
(2) 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 sign allowed under section 18(f) that
meets the requirements of section 17(3) to be maintained or erected
in an adjacent area where the facing of the sign is visible from an
interstate highway, freeway, or primary highway. 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 allowed under
sections 17(3) and 18(f) for each highway subject to this act from
which the facing of the sign is visible. The owner shall apply for
the permit for signs allowed under section 18(f) that become
subject to the permit requirements of this act because of a change
in highway designation or other reason not within the control of
the sign owner within 2 months after receiving notice from the
department that the sign is subject to the permit requirements of
this act. All of the following apply to a digital billboard permit
issued under this subsection:
(a) A digital billboard permit is not subject to section 7a.
(b) A digital billboard permit may not be surrendered for an
interim permit under section 7a(3).
(c) Within 90 days after the effective date of the amendatory
act that added this subdivision, the owner of a sign that is
allowed under section 18(f) and that was erected before the
effective date of the amendatory act that added this subdivision
shall apply for, and the department shall issue, a digital
billboard permit. A sign permitted under this subdivision is exempt
from section 17(3).
(3) A permit issued under this section remains in effect
without expiration with fees renewed on an annual basis as provided
under section 7.
Sec. 7. (1) A permit fee is payable annually in advance, to be
credited
to the state trunk line fund. The For a digital billboard
permit, the fee is $200.00 for the first year. For an annual permit
for a billboard that does not require a digital billboard permit,
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 that
requires signs to be
permitted shall only be required to pay the permit renewal amount
as
provided in under subsection (2). The department shall establish
an
annual expiration renewal date for each permit and may change
the
expiration renewal 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
renewal 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. The annual permit
renewal fee for an interim permit is $80.00. The annual permit
renewal fee for a digital billboard permit is $200.00. Signs of the
service club and religious category are not subject to an annual
renewal fee.
(3) 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 renewal date of the permit. If the annual renewal
fee is not paid as required under this section, the department
shall send notice of nonpayment by certified mail to the permit
holder's
address on file not more no
later than 30 days after the
permit
expiration renewal date. If the annual renewal fee for any a
permit
is not paid within 60 days after the permit expiration
renewal 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 after the permit
expiration
renewal date.
(4) Notwithstanding subsection (3), for permits having the
same
expiration renewal date, the maximum amount of increased
annual renewal fees for late payments that may be assessed by the
department under this section against 1 permit holder is
$10,000.00.
(5) If the department has collected 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
September 3, 2009, 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) 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 is
$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 and
section
6(2)(a), the department shall not issue
an annual permits
permit
for a new signs sign on
or after January 1, 2007.
(2)
Permits A permit issued by the department before January
1,
2007 remain remains 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 has 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 has been removed or the removal has been deemed
effective under this section.
(4)
An interim permit that is issued under this section shall
only
be utilized for the construction of a new sign structure and
shall remain in effect without expiration with fees renewed on an
annual basis. A sign constructed pursuant to an interim permit
shall not be closer than 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.
(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(9)
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 (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 no more than 8 square feet for signs in the
categories
of service club signs and or 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.
(13) Notwithstanding anything else in this act to the
contrary, the department may issue a permit for a sign that
measures no more than 40 square feet that exists as of January 1,
2010 and that advertises a product, service, or retail business
that is owned and operated by the sign owner and that otherwise
complies with this act.
(14) A permit issued under subsection (13) is not eligible to
be surrendered for an interim permit.
Sec.
11. (1) Except as otherwise provided in subsection (2), a
A person who trims or removes trees or shrubs within a highway
right-of-way for the purpose of making a proposed or existing sign
more visible without a permit issued under section 11a may pay a
penalty of up to 5 times the value of the trees or shrubs trimmed
or
removed. unless the person trimmed or removed the trees
or
shrubs
under the authority of a permit issued under section 11a.
The value of the removed trees or shrubs shall be determined by the
department
in accordance with under section 11a(3).11a.
(2)
A person who removes trees or shrubs within a highway
right-of-way
for the purpose of making a proposed or existing sign
more
visible without first obtaining a permit under section 11a is
guilty
of a felony punishable by imprisonment for not more than 2
years
or a fine of not more than $25,000.00, or both. If no
criminal
action pursuant to this section has been brought against
the
person within 1 year of the removal of trees or shrubs without
a
permit, the department may proceed to recover the penalty
prescribed
in subsection (1). If a criminal action is brought
against
a person pursuant to this subsection, the department shall
not
proceed to recover the penalty prescribed in subsection (1).
(2) (3)
If a sign owner, or
the sign owner's agent, or a
property owner or agent of a property owner with whom the sign
owner has a contractual relationship to maintain the sign on his or
her property trims or removes trees or shrubs without first having
obtained
a permit under section 11a, the sign owner shall not be is
not eligible to obtain a permit under section 11a for 3 years from
the date of trimming or removal of trees or shrubs.
(3) (4)
If trees or shrubs within a
highway right-of-way have
been
trimmed or removed by a sign owner, or its a sign owner's
agent,
a property owner, or a property owner's agent, for
the
purpose
of making the sign more visible, the sign shall be
considered
illegal and the department may
remove the sign pursuant
to
the procedures established in section 19 if a court determines
any
shall conduct a hearing under
the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may
remove the sign under section 19, and the sign shall be considered
abandoned and illegal, if the department finds all of the
following:
(a)
The trimming or removal was in violation of a local
ordinance.
(b)
The trimming or removal resulted in the intentional
trimming
or removal of trees or shrubs that were not authorized to
be
trimmed or removed in a permit issued under section 11a.
(c)
The sign owner trimmed or removed trees or shrubs and did
not
obtain a permit under section 11a.
(a) The vegetation was within a highway right-of-way.
(b) The vegetation was trimmed or removed to make the sign
more visible.
(c) The vegetation was removed without a permit under section
11a.
(4) (5)
If a sign is removed under this
section and the
department subsequently receives an application for a permit under
section 6 for the same area, the department shall consider that the
conditions for the permit issued under section 6 remain in force
for spacing and all other requirements of this act.
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, agent of the owner
of a sign, or a property owner or agent of a property owner with
whom the sign owner has a contractual relationship to maintain the
sign on his or her property, 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
Beginning October 1, 2013,
the department shall annually adjust
the application fee to ensure that the fee covers the total cost of
evaluating and processing the application. The department shall not
increase the application fee by an annual percentage amount greater
than the consumer price index.
(3) An application submitted under subsection (2) 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) (6) and procedures
for clearing vegetation as determined by the department.
(4) (3)
Unless otherwise agreed to by the
department and an
applicant, the department shall issue its decision on an
application
no later than 30 60 days after the last day receipt of
the
a completed 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 The notification required by this subsection
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 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. The department, in consultation with representatives
of
the outdoor advertising industry and other interested parties,
may
develop a value schedule for vegetation. If agreed to by both
the
department and the applicant, this value schedule shall be used
to
determine the value of the vegetation to be managed. The
notification
to the applicant shall also include under subsection
(5). The notification 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 is $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. Beginning October 1, 2013, the department shall
annually adjust the permit fee to ensure that the fee covers the
total cost of issuing the permit and the cost of all departmental
responsibilities associated with the permit. The department shall
not increase the permit fee by an annual percentage amount greater
than the consumer price index. 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.
(5) The department shall annually develop and publish a
replacement cost schedule for trees and shrubs to be removed under
a vegetation management permit. The replacement cost schedule shall
specify the size, number, type, and cost of replacement trees to be
paid for by an applicant based on the diameter at breast height for
each tree that is removed and a conversion factor determined by the
department for the number of replacement trees required for any
shrubs that are removed. The total cost shall be based on the
department's total cost for planting trees according to the most
recent version of the standard specifications for construction used
by the department and the expected cost of plants, labor, and
materials required to install and establish plants for that year.
As an alternative, the department and the applicant may agree that
the department will develop the value of the vegetation to be
trimmed or removed 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 in consultation with representatives of the
outdoor advertising industry and other interested parties if either
the guide or the supplement has not been updated in more than 5
years. The department, in consultation with representatives of the
outdoor advertising industry and other interested parties, may
develop a value schedule for vegetation.
(6) (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, for the purpose of making the billboard more
visible. The department shall not authorize the trimming or removal
of vegetation in the median of a highway.
(7) (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.
(8) The department shall not issue a permit for vegetation
management if the vegetation would be managed for a newly
constructed billboard or if vegetation that obscured or would have
obscured the billboard existed before the billboard was
constructed. If vegetation that obscured or would have obscured the
billboard was removed without a permit, the department shall not
issue a vegetation management permit for that location.
(9) (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 if 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 a state trunk line highway.
(c) The vegetation management conflicts with federal or state
law , or 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.
(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.
(f) (g)
The vegetation 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 January 1, 2007.
(g) (h)
The application is for a sign that has
been was found,
after
a hearing in accordance with section 19, to not to be in
compliance with this act.
(h) (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.
(10) (7)
If the department denies an
application or issues a
limited
permit under this subsection, section,
the department shall
provide a specific rationale for denying an application or
approving a limited permit.
(11) (8)
No later than 30 days after
receiving a denial or a
limited
permit under subsection (6), (9),
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.
(12) (10)
If, after review and
reconsideration as provided for
in
under subsection (8), (11), 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.
(13) (11)
All work performed in connection
with trimming,
removing, or relocating vegetation shall be performed at the sign
owner's expense.
(14) (12)
The Except for ground cover,
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 zone of any portion of a
sign face subject to this act. If any vegetation planted or allowed
to be planted by the department within the billboard viewing zone
after January 1, 2007 obstructs the visibility of any portion of a
sign face subject to this act, the department shall trim or remove
at the department's cost, or allow the sign permit holder to trim
or remove, the vegetation to remove any obstruction of the sign
face.
(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), and shall indicate what the penalties
the
department will be is seeking under subsection (15). ,
and
Notification
shall occur within 30 days of after 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 is subject to the
appeals
process contained in subsections (8), (9), and (10).(11)
and (12).
(17)
As used in this act section:
(a)
"Billboard viewing zone" means the 1,000-foot 500-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 except that, for a
location where a vegetation permit has been granted within the 5
years prior to the effective date of the 2012 amendatory act that
amended this subdivision, the billboard viewing zone includes the
area subject to the vegetation permit.
(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 closest edge
of 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) Except as otherwise provided in subsection (9),
(10), along interstate highways and freeways, a sign structure
located in a business area or unzoned commercial or industrial area
shall not be erected closer than 1,000 feet to another sign
structure on the same side of the highway.
(2) Along primary highways a sign structure shall not be
closer than 500 feet to another sign structure.
(3) A sign utilizing a digital billboard permit shall not be
closer than 1,000 feet to another sign utilizing a digital
billboard permit on either side of the highway facing the same
direction of oncoming traffic.
(4) (3)
The provisions of this This section do 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.
(5) (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.
(6) (5)
Official signs as described in
section 13(1)(a) and
on-premises
signs shall not be counted nor shall and measurements
shall not be made from them for purposes of determining compliance
with
the spacing requirements provided in this section.
(7) (6)
The spacing requirements provided
in this section
apply separately to each side of the highway.
(8) (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.
(9) (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 that
does not comply with the
spacing
requirements of this section after March 23, 1999, shall
not
be considered is not unlawful as that term is used in under
section 22.
(10) (9)
Along an interstate highway ,
where the interstate
highway
that is designated by 1 letter and 3 numbers , and the
interstate
highway is located in a county with
a population of less
than
211,000 but more than 175,000, as determined by the most
recent
federal decennial census, an
existing sign structure that
was
erected prior to the date of the amendatory act that added this
subsection
March 24, 2011 shall not be closer than 900 feet to
another sign structure on the same side of the highway.
(11) Nothing in this section shall be construed to cause a
sign that was legally erected 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 sign or 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 sign structure.
(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 under
this subsection shall not exceed 60% of the replacement cost of a
new sign structure. 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 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 the existing sign
structure.
(b) Increasing the total square footage of the sign face or
faces to a size greater than 700 square feet.
(c) Increasing the number of sign faces to an amount greater
than 2.
(6) As used in this section, "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, and the installation of trim or borders.
Customary maintenance and repair does not include any of the
following:
(a) Enlargement of the sign or sign structure. The
installation of a temporary copy enhancement is not an enlargement
of the sign for purposes of this act.
(b) A change in the location of the sign structure.
(c) An increase in the height of the sign structure.
(d) Installation of additional signs on a sign structure.
Sec. 17b. Nothing in this act shall be construed to permit a
sign owner or sign owner's agent to access a billboard using a
highway right-of-way without first obtaining any permits required
by other laws of this state.
Sec. 18. The following signs or sign structures are
prohibited:
(a)
Those which that purport to regulate, warn, or direct the
movement
of traffic or which that interfere with, imitate, or
resemble any official traffic sign, signal, or device.
(b)
Those which that are not adequately maintained and in a
good state of repair.
(c)
Those which that are erected or maintained upon trees or
painted or drawn upon rocks or other natural resources.
(d)
Those which that prevent the driver of a motor vehicle
from having a clear and unobstructed view of approaching,
intersecting, or merging traffic.
(e)
Those which that 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
using a digital billboard 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 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 less than
or equal to 300 square feet, measured at a distance of 200 feet for
those sign faces greater than 300 square feet but less than or
equal to 378 square feet, measured at a distance of 250 feet for
those sign faces greater than 378 square feet and less than 672
square feet, and measured at a distance of 350 feet for those sign
faces equal to or 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. 22. (1) Just compensation shall be paid from the state
trunk line fund upon the removal by or in behalf of the department
of any sign or sign structure lawfully in existence on March 31,
1972
but which that does not comply with the requirements of
sections 13(1)(d), 15, 16, and 17 and any sign or sign structure
lawfully
erected after March 31, 1972 but which that thereafter
becomes unlawful because of a change in the designation of the
highway or in the zoning of the area in which it is located.
(2) Each removal constitutes a taking and appropriation by the
state of the following:
(a) From the owner of the sign or sign structure, all right,
title and interest in and to the sign or sign structure, and the
owner's leasehold related thereto.
(b) From the owner of the real property on which the sign or
sign structure is located immediately prior to its removal, the
right to erect and maintain signs on that property, other than
those described in section 13(1)(a), (b), and (c).
(3) The compensation to be paid pursuant to this section shall
be paid to the persons entitled to it upon presentation to the
department of such information as the department may reasonably
require.
(4) Unless a sign is exempt under section 10, its owner shall
secure and shall keep in force a permit under sections 6 and 7.
Compliance with this subsection is a condition for eligibility for
compensation. Compensation shall not be paid for any sign,
including
a sign described in subsection (1), which that is removed
by the department because it is abandoned.
(5) The department shall comply with the uniform condemnation
procedures act, 1980 PA 87, MCL 213.51 to 213.75, in determining
the amount of just compensation required to be paid under this
section.