HB-4629, As Passed House, January 30, 2014HB-4629, As Passed House, January 30, 2014HB-4629, As Passed House, January 29, 2014HB-4629, As Passed Senate, January 29, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4629
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending sections 2, 4, 6, 7, 7a, 11, 11a, 15, 17, and 18 (MCL
252.302, 252.304, 252.306, 252.307, 252.307a, 252.311, 252.311a,
252.315, 252.317, and 252.318), sections 2, 7, 11a, and 18 as
amended by 2009 PA 86, section 4 as amended by 2008 PA 93, sections
6, 11, and 15 as amended by 2006 PA 448, and sections 7a and 17 as
amended by 2011 PA 13, and by adding sections 7b, 17a, 17b, 18b,
18c, and 22a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Abandoned or discontinued sign or sign structure" or
"abandoned sign" means a sign or sign structure subject to this
act, the owner of which has failed to secure a permit, has failed
to identify the sign or sign structure, or has failed to respond to
notice.
(b) "Adjacent area" means the area measured from the nearest
edge of the right-of-way of an interstate highway, freeway, or
primary highway and, in urbanized areas, extending 3,000 feet
perpendicularly and then along a line parallel to the right-of-way
line or, outside of urbanized areas, extending perpendicularly to
the limit where a sign is visible and then along a line parallel to
the right-of-way line.
(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
a new sign structure constructed of equivalent materials and
equipment. Destroyed sign does not include a nonconforming sign
that has been damaged by vandalism or a negligent act of a person.
(h) "Digital billboard" means a sign or sign structure that
utilizes an electronic means to display a series of messages that
are changed by electronic means. Digital billboard does not include
a sign that contains an embedded electronic message device or a
trivision sign.
(i) "Digital billboard permit" means a permit for a digital
billboard that is renewable on an annual basis.
(j) "Directional sign" means a sign that contains only
directional information regarding and the identification of 1 of
the following:
(i) A public or private activity or attraction that is owned or
operated by the federal or a state or local government or an agency
of the federal or a state or local government.
(ii) A publicly or privately owned natural phenomenon or a
historic, cultural, scientific, educational, or religious site.
(iii) An area that is in the interest of the traveling public,
if the area is of natural scenic beauty or is naturally suited for
outdoor recreation.
(k) "Embedded electronic message device" means an accessory
that is made part of a sign, sign face, or sign structure with a
total area that is less than that of the sign face to which it is
attached, and displays only static messages containing text or
numbers that are directly associated with the current advertiser.
Embedded electronic message device does not include a digital
billboard or a device that displays graphics other than messages
containing text or numbers.
(l) "Erect" means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw, or in any other way bring into
being or establish.
(m) "Existing vegetation" means trees, bushes, and ground
cover that the department intends to maintain and that are at least
the same size as similar vegetation that the department would
customarily install and maintain or allow to be installed and
maintained as part of a roadside management plan, roadside
management project, or landscaping project.
(n) "Freeway" means a divided highway of not less than 2 lanes
in each direction to which owners or occupants of abutting property
or the public do not have a right of ingress or egress to, from, or
across the highway, except at points determined by or as otherwise
provided by the authorities responsible for the freeway.
(o) "Incorporated municipality" means a city, village, or
charter township.
(p) "Index" means the Detroit consumer price index for all
urban consumers published by the United States bureau of labor
statistics or, if that index ceases to be published by the United
States bureau of labor statistics, the published index that most
closely measures inflation, as determined by the department.
(q) "Interim permit" means a permit that can be utilized by
the applicant to construct a sign structure that is visible from a
freeway, interstate, or primary highway.
(r) "Interstate highway" means a highway officially designated
as a part of the national system of interstate and defense highways
by the department and approved by the federal government under 23
USC 103.
(s) "Location" means a place where a sign structure subject to
this act is located.
(t) "Main-traveled way" means the traveled way of a highway on
which through traffic is carried. Main-traveled way includes the
traveled way of each of the separate roadways for traffic in
opposite directions on a divided highway. Main-traveled way does
not include facilities such as frontage roads, turning roadways, or
parking areas.
(u) "Maintain" means to allow to exist and includes the
periodic changing of advertising messages, and customary
maintenance and repair of signs and sign structures.
(v) "Nationally known" means an activity or attraction that is
all of the following:
(i) An active part of a national advertising promotion.
(ii) Listed on a national register, if applicable.
(iii) Staffed and maintains a register of visitors.
(iv) Listed in national travel guides.
(v) Organized to provide information or conducted tours for a
significant portion of the year, or for at least 3 months if the
activity or attraction is seasonal in nature.
(w) "Nonconforming sign" means a sign or sign structure, other
than a nonstandard sign or a sign that is erected and maintained in
a business area along a scenic byway prior to the designation as a
scenic byway, that satisfies 1 of the following:
(i) Was legally erected before March 31, 1972 but could not be
legally erected under the current provisions of this act.
(ii) Is a sign or sign structure regulated under this act that
was legally erected after March 31, 1972 but could not be legally
erected under the current provisions of this act.
(x) "Nonstandard sign" means a sign or sign structure other
than a nonconforming sign, that is subject to this act, was legally
erected before March 23, 1999, is not a nonconforming sign, and
does not comply with the spacing requirements in section 17(1), but
otherwise complies with this act.
(y) "On-premises sign" means a sign advertising activities
conducted or maintained on the property on which it is located. The
boundary of the property shall be as determined by tax rolls, deed
registrations, and apparent land use delineations. If a sign
consists principally of brand name or trade name advertising and
the product or service advertised is only incidental to the
principal activity conducted or maintained on the property, or if
the sign brings rental income to the property owner or sign owner,
it shall be considered the business of outdoor advertising and not
an on-premises sign. On-premises sign does not include a sign on a
narrow strip of land contiguous to the advertised activity, or a
sign on an easement on adjacent property, when the purpose is
clearly to circumvent the intent of this act.
(z) "Person" means any individual, partnership, private
association, or corporation, state, county, city, village,
township, charter township, or other public or municipal
association or corporation.
(aa) "Primary highway" means a highway other than an
interstate highway or freeway that is a regulated route.
(bb) "Regionally known" means an activity or attraction that
is all of the following:
(i) Known throughout this state or the peninsula of this state
in which the activity or attraction is located and in 1 or more
states adjoining this state.
(ii) Listed on a state register, if applicable.
(iii) Staffed and maintains a register of visitors.
(iv) Organized to provide information or conducted tours for a
significant portion of the year, or for at least 3 months if the
activity or attraction is seasonal in nature.
(cc) "Regulated route" means an interstate highway, freeway,
or primary highway required to be regulated under 23 USC 131 and
any other route that is required to be regulated or may become
required to be regulated by the department under this act or
another state or federal statute or legal requirement.
(dd) "Religious organization sign" means a sign, not larger
than 8 square feet, that gives notice of religious services.
(ee) "Scenic byway" means a regulated route that is required
to be regulated as a scenic byway under 23 USC 131.
(ff) "Secondary highway" means a state secondary road or
county primary road.
(gg) "Service club sign" means a sign, not larger than 8
square feet, that gives notice about nonprofit service clubs or
charitable associations.
(hh) "Sign" means any outdoor sign, display, device, figure,
painting, drawing, message, placard, poster, billboard, or other
thing, whether placed individually or on a T-type, V-type, back to
back, or double-faced display, that is designed, intended, or used
to advertise or inform.
(ii) "Sign structure" means the assembled components that make
up an outdoor advertising display, including, but not limited to,
uprights, supports, facings, and trim. A sign structure may contain
1 or 2 signs per facing and may be double-faced, back to back, T-
type, or V-type.
(jj) "Tobacco product" means any tobacco product sold to the
general public and includes, but is not limited to, cigarettes,
tobacco snuff, and chewing tobacco.
(kk) "Trivision sign" means a sign or sign structure that uses
mechanical means to display more than 1 message in sequence.
(ll) (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.
(mm) "Visible" means a sign that has a message that is capable
of being seen by an individual of normal visual acuity when
traveling in a motor vehicle.
Sec. 4. This act regulates and controls the size, lighting,
and spacing of signs and sign structures in adjacent areas and
occupies the whole field of that regulation and control except for
the following:
(a) A county, city, village, township, or charter township may
enact ordinances to regulate and control the operation, size,
lighting, and spacing of signs and sign structures but shall not
permit a sign or sign structure that is otherwise prohibited by
this act or require or cause the removal of lawfully erected signs
or sign structures subject to this act without the payment of just
compensation. A sign owner shall apply for an annual permit
pursuant to section 6 for each sign to be maintained or to be
erected within that county, city, village, charter township, or
township. A sign erected or maintained within that county, city,
village, township, or charter township shall also comply with all
applicable provisions of this act. An ordinance or code adopted by
a county, city, village, township, or charter township that
regulates the operation, size, lighting, or spacing of signs and
sign structures and that is more stringent than the laws of this
state is not made void by this act.
(b) A county, city, village, charter township, or township
vested by law with authority to enact zoning codes has full
authority under its own zoning codes or ordinances to establish
commercial or industrial areas and the actions of a county, city,
village, charter township, or township in so doing shall be
accepted for the purposes of this act. However, except as provided
in
subdivision (a), zoning which that
is not part of a
comprehensive zoning plan and is taken primarily to permit outdoor
advertising structures shall not be accepted for purposes of this
act. A zone in which limited commercial or industrial activities
are permitted as incidental to other primary land uses is not a
commercial or industrial zone for outdoor advertising control
purposes.
(c) An ordinance or code of a city, village, township, or
charter township that existed on March 31, 1972 and that prohibits
signs or sign structures is not made void by this act.
(d) A county ordinance that regulates and controls the size,
lighting, and spacing of signs and sign structures shall only apply
in a township within the county if the township has not enacted an
ordinance to regulate and control the size, lighting, and spacing
of signs and sign structures.
(e) A county, on its own initiative or at the request of a
city, village, township, or charter township within that county,
may prepare a model ordinance as described in subdivision (a). A
city, village, township, or charter township within that county may
adopt the model ordinance.
Sec. 6. (1) A sign owner shall apply for an annual permit on a
form prescribed by the department for each sign or sign structure
to
be maintained or to be erected in an adjacent area where the
facing
of the sign or sign structure 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 become subject to
the
permit requirements of this act because of a change in highway
designation
or other reason not within the control of the sign
owner
within 2 months after the sign becomes subject to the permit
requirements
of this act. a regulated
route. The form shall require
the name and business address of the applicant, the name and
address of the owner of the property on which the sign or sign
structure is to be located, the date the sign or sign structure, if
currently maintained, was erected, the zoning classification of the
property, a precise description of where the sign or sign structure
is or will be situated and a certification that the sign or sign
structure is not prohibited by section 18(a), (b), (c), or (d) and
that the sign or sign structure does not violate any provisions of
this act. The sign permit application shall include a statement
signed by the owner of the land on which the sign or sign structure
is to be placed, acknowledging that no trees or shrubs in the
adjacent highway right-of-way may be removed, trimmed, or in any
way damaged or destroyed without the written authorization of the
department. The department may require documentation to verify the
zoning, the consent of the land owner, and any other matter
considered
essential to the evaluation of the compliance with this
act. A sign owner shall apply for a separate annual permit for each
sign or sign structure for each regulated route subject to this act
from which the facing of the sign or sign structure is visible.
(2) The owner of a sign or sign structure shall apply for an
annual permit for each sign or sign structure that becomes subject
to the permit requirements of this act because of a change in
highway designation or other reason not within the control of the
sign owner within 2 months after receiving notice from the
department that the sign or sign structure is subject to the permit
requirements of this act. Both of the following apply to an annual
permit issued under this subsection:
(a) The annual permit is not subject to section 7a.
(b) The annual permit may not be surrendered for an interim
permit under section 7a(3).
(3) In addition to an annual permit under subsection (1), a
sign owner shall apply for and the department shall issue a digital
billboard permit for each digital billboard that is not a
nonconforming sign and that meets the requirements of section 17(3)
to be maintained or erected in an adjacent area where the facing of
the sign or sign structure is visible from a regulated route. The
information provided by an applicant under this subsection shall be
on a form prescribed by the department. A sign owner shall apply
for a separate digital billboard permit for each sign or sign
structure allowed under section 17(3) for each regulated route from
which the facing of the sign or sign structure is visible. The
owner of a sign or sign structure shall apply for a digital
billboard permit for each digital billboard that becomes subject to
the permit requirements of this act because of a change in highway
designation or other reason not within the control of the sign
owner within 2 months after receiving notice from the department
that the sign or sign structure is subject to the permit
requirements of this act. Both of the following apply to a digital
billboard permit issued under this subsection:
(a) The digital billboard permit is not subject to section 7a.
(b) The digital billboard permit may not be surrendered for an
interim permit under section 7a(3).
(4) Notwithstanding any other provision of this act, within 90
days after the effective date of the amendatory act that added this
subsection, the owner of a digital billboard that was legally
erected before the effective date of the amendatory act that added
this subsection shall apply for, and the department shall issue, a
digital billboard permit. A digital billboard permitted under this
subsection or subsection (5) is exempt from section 17(3), and the
department shall not require any form of consideration for a
digital billboard permitted under this subsection or subsection (5)
other than payment of the appropriate application fee and annual
renewal fees as required under this act.
(5) Notwithstanding any other provision of this act, if, on
House Bill No. 4629 as amended December 12, 2013
as amended January 15, 2014
the effective date of the amendatory act that added this
subsection, an individual has obtained location approval from the
department and approval from the local unit of government having
jurisdiction of that location to erect a digital billboard, he or
she shall apply for, and the department shall issue, a digital
billboard permit.
(6) [<<Both>>] of the following apply to the owner of a
nonstandard
sign:
(a) In addition to an annual permit under subsection (1), the
owner of a nonstandard sign may apply for a digital billboard
permit to erect and maintain a digital billboard on a nonstandard
sign by applying for a digital billboard permit on a form
prescribed by the department, paying the required fee, and
surrendering 3 interim permits to the department. The owner of a
nonstandard sign seeking a digital billboard permit under this
subsection shall apply for a separate digital billboard permit for
each sign or sign structure for each regulated route from which the
facing of the sign or sign structure is visible, but shall not be
required to surrender more than a total of 3 interim permits.
[(b) Beginning on the effective date of the amendatory act that
added this subdivision and ending 1 year after the effective date of the
amendatory act that added this subdivision, for the first 8 nonstandard
signs for which the owner applies for a digital billboard permit under
subdivision (a), the owner shall not be required to surrender 3 interim
permits. This subdivision only applies to signs located in a county
having a population of not less than 750,000. The spacing requirements
under section 17(4) apply to the first 8 nonstandard signs for which the
owner applies for a digital billboard permit under subdivision (a).
<<
>>
House Bill No. 4629 (S-3) as amended January 15, 2014
]
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 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 no
later than the permit's
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. 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 date of the permit. If
the annual renewal fee is not
paid by the expiration date of the permit as required under this
section, the annual renewal fee shall increase by an additional
$50.00. The department shall send notice of nonpayment by certified
mail
to the permit holder's address on file not more than 30 days
after
the permit expiration date. 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 within
30 days after the
expiration date and shall inform the permit holder that if the
annual renewal fee as increased under this subsection 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 after the permit expiration date.
(4) The department shall send notice of a permit's
cancellation to the permit holder using 1 of the following methods:
(a) For a permit that was canceled between 2011 and the day
before the effective date of the amendatory act that added this
sentence, by certified mail to the permit holder's address on file.
The department shall send the notice within 60 days after the
effective date of the amendatory act that added this sentence. The
notice shall advise the permit holder that he or she may request
reinstatement of the permit within 60 days after the date of the
notice as provided in section 7a(16).
(b) For a permit that was canceled on or after the effective
date of the amendatory act that added this sentence, by certified
mail to the permit holder's address on file. The department shall
send the notice within 60 days after the date the permit was
canceled. The notice shall advise the permit holder that he or she
may request reinstatement of the permit within 60 days after the
date of the notice as provided in section 7a(16).
(5) (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 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
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,
section 6(2)(a), and section 7b, the department shall not issue an
House Bill No. 4629 as amended December 12, 2013
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 erected using an interim permit shall not be
closer than 1,000 feet to another sign structure on the same side
of the highway along interstate highways and freeways or closer
than 500 feet to another sign structure on the same side of the
highway along primary highways. An interim permit shall not be used
to erect a sign in a location where << existing vegetation is greater
than 8 feet tall or where existing>> vegetation <<
House Bill No. 4629 as amended December 12, 2013
>> was removed without the department's permission.
(5) The department shall verify that an existing sign
structure has been removed no later than 30 days after the
department receives written notice from the permit holder that the
sign structure has been removed. If the department does not respond
to the written notice within 30 days after receipt of the written
notice, then the permit holder shall be deemed to have removed the
sign structure in compliance with this section.
(6) A holder of 2 valid permits for a sign structure with 2
faces who complies with this section shall receive 2 interim
permits for the construction of a sign structure with 2 faces. A
permit holder under this subsection shall not receive 2 interim
permits to construct 2 single-face sign structures.
(7) A holder of a valid permit for a sign structure with a
single face is entitled to exchange that permit under this section
for an interim permit with a single face. A holder of valid permits
for 2 different single-face structures may exchange the 2 permits
under this section for 2 interim permits to construct 2 single-face
sign structures or 2 interim permits to construct 1 sign structure
with 2 faces.
(8) A holder of more than 2 valid permits for a sign structure
with more than 2 faces may exchange the permits under this section
for a maximum of 2 interim permits. The 2 interim permits received
under this section shall only be used to construct 1 sign structure
with no more than 2 faces.
(9) After construction of a sign structure under an interim
permit is complete, the department shall issue renewable permits
annually for the completed sign structure.
(10) If a permit holder for a sign structure that exists on
January 1, 2007 requires additional permits for any reason, or if
the
owner of a sign that meets the requirements of section 17(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) (1) even if the permit holder has
more than 2 valid permits as a result.
(11) The department may issue a permit for a new sign
structure
that measures no more than 8 square feet for 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 in this act to the contrary, the
department may issue a permit for an existing sign that advertises
a product, service, or retail business that is owned and operated
by the sign owner if the location for the sign meets all existing
requirements of this act, or if the sign is an existing
nonconforming sign that advertises a product, service, or retail
business that is owned and operated by the sign owner and the sign
owner held an original permit for that sign on January 1, 2007.
(14) A permit issued under subsection (13) is not transferable
and is not eligible to be surrendered for an interim permit.
(15) Notwithstanding anything in this act to the contrary, the
department may issue a permit for a sign that is no more than 150
square feet in size and that advertises a product, service,
attraction, destination, or retail business that is owned and
operated or served by the sign owner, if the sign meets all other
requirements of this act. A permit issued under this subsection is
not transferable and is not eligible to be surrendered for an
interim permit. The department shall not issue more than 4 permits
under this subsection to an attraction, destination, or retail
business.
(16) Both of the following apply to the owner of an existing
sign or sign structure whose permit was canceled due to nonpayment
of renewal fees:
(a) He or she may apply for a new annual permit by submitting
an application for a new annual permit and surrendering an interim
permit.
(b) No later than 60 days after notice is sent under section
7(4)(a), the owner of an existing sign or sign structure whose
permit expired during December 2012 due to nonpayment of renewal
fees may apply for a new annual permit by submitting an application
for a new annual permit and surrendering 1 interim permit per sign,
but shall not be required to submit more than 1 interim permit per
sign structure.
Sec. 7b. (1) Notwithstanding anything in this act to the
contrary, the department may issue a permit for a directional sign
for a publicly or privately owned activity or attraction that is
nationally known or regionally known, that is of outstanding
interest to the traveling public, and that is generally considered
to be 1 of the following:
(a) A natural phenomenon.
(b) A scenic attraction.
(c) A historic, educational, cultural, scientific, or
religious site.
(d) An outdoor recreational area.
(2) A permit issued under this section is exempt from section
7a, is not transferable, and is not eligible to be surrendered for
an interim permit.
(3) A permit issued under this section shall be for a sign
that is no larger than 150 square feet in size, no more than 20
feet high, and no more than 20 feet long, including border and trim
and excluding supports.
(4) A sign for which a permit is issued under this section
shall not be any of the following:
(a) Closer than 2,000 feet to an interchange, rest area, park
land, scenic area, or intersection at-grade along the interstate
system, a freeway, or a primary highway, as measured from the
nearest point of the beginning or ending of pavement widening at
the exit from, or entrance to, the main-traveled way.
(b) Closer than 1 mile to another directional sign on either
side of the road facing the same direction.
(c) Located adjacent to a regulated route at a distance
greater than 50 air miles from the activity or attraction.
(5) The department shall not issue a permit under this section
if there are more than 3 signs identifying the same activity or
attraction facing the same direction on either side of the road
along a single regulated route approaching the activity or
attraction.
(6) The message displayed on a sign for which a permit is
issued under this section shall only identify the activity or
attraction and directional information useful to the traveler in
locating the activity or attraction, including mileage, route
numbers, and exit numbers. The message displayed on a sign for
which a permit is issued under this section shall not include
descriptive words or phrases or pictorial or photographic
representations of the activity or attraction or the surrounding
area.
Sec.
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 may pay without a
permit issued under section 11a is
guilty
of a penalty misdemeanor punishable by imprisonment for not
more than 30 days or a fine of $10,000.00 or 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. whichever
is greater. 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 without a permit under section 11a 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 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.shall
conduct a hearing under
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328. After providing notice and opportunity for hearing under
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, the department may impose a fine not to exceed 5 times
the value of the vegetation that was trimmed or removed, restrict
future vegetation management permits, restrict use of the sign or
sign structure for a period not to exceed 1 year, or, for a second
or subsequent violation, remove the sign under section 19. A sign,
the use of which has been restricted under this subsection, shall
not be considered an abandoned sign.
(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, 2014,
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 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
on a form and in a manner
specified by the department and
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 90 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. In deciding whether to approve an application,
approve an application with modification, or deny an application,
the department shall consider the vegetation management that was
previously allowed at the billboard site. 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 $300.00, is
$500.00, 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
$500.00 adequate for the recovery of additional costs may
be assessed. Beginning October 1, 2014, 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
department conditions and requirements, the department shall issue
the permit. Within 5 years after the issuance of a vegetation
management permit under this section, if a sign owner applies to
manage vegetation at the same location, he or she may trim or
remove any vegetation that has regrown if that vegetation was
originally trimmed or removed under the vegetation management
permit, and is not required to pay the value of the vegetation that
has regrown or any fees other than the application fees required
under this act.
(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.
(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) (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 promulgated rules. , or statutory requirements.
(d) The applicant does not have the approval of the owner of
the property.
(e) The vegetation to be managed is existing vegetation and
was
planted, or permitted to be planted, or allowed to grow
naturally by the department for a specific purpose, as shown by the
House Bill No. 4629 as amended December 12, 2013
department's records or the department's practices.
(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. Existing vegetation
greater than 8 feet in height would be managed for a newly constructed
billboard or vegetation existed that was greater than 8 feet in height
that obscured a billboard or would have obscured the billboard before
it was constructed. When denying an application or providing a limited
permit, The department shall consider previous vegetation management
that was allowed at the billboard site.>>
(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,
unless the proposed vegetation management permit is for vegetation
management for a sign that would be a conforming sign or a
nonstandard sign if the sign was not located on a scenic byway or
heritage route.
(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.
(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.
(9) (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.
(10) (8)
No later than 30 45 days
after receiving a denial of
a request to begin the 5 seconds of continuous, clear, and
unobstructed view at a point other than a point directly adjacent
to the point of the billboard closest to the highway as provided in
subsection (6), or a denial or a limited permit under subsection
(6),
(8), 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.
(11) (9)
No later than 90 days after January 1, 2007, the The
department shall develop and maintain 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), (10), 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. Both of the following apply to
vegetation planted or allowed to be planted by the department:
(a) If the 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 obstructing the visibility of any portion of the sign
face.
(b) This subsection does not apply to the replacement of
existing vegetation that was removed for transportation purposes.
(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) The department shall consider the impact on the
visibility of a billboard before erecting or authorizing the
erection of a digital information sign or any other sign within the
highway right-of-way. A billboard owner may propose, and the
department shall consider, the relocation of an existing sign
within the highway right-of-way. A billboard owner is responsible
for all costs associated with relocation of a sign under this
subsection. Not later than 90 days after receipt of a billboard
owner's request for the relocation of an existing sign, the
department shall respond in writing to the billboard owner with 1
of the following:
(a) Notice of department approval of relocating the sign, an
estimate of the cost associated with relocating the sign, and
notice that all costs associated with the proposed sign relocation
are the responsibility of the billboard owner.
(b) Notice of department denial of relocation of the sign and
the justification for that denial that may include, but is not
limited to, federal requirements, safety considerations, or
emergency or operational purposes.
(16) (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.
(17) (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). (16). 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), (16),
and shall
indicate
what the penalties the department will be is seeking
under
subsection
(15), and (16). 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).
(18) (17)
As used in this act section:
(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 except that, for a
location where a vegetation permit has been granted within the 5
years prior to the effective date of the 2013 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,
highway, the point directly below the billboard face
farthest
away from the roadway, highway,
a point as measured from a
point directly adjacent to the part of the billboard closest to the
roadway
closest edge of the highway and extending back parallel to
the
roadway highway 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. 15. (1) All signs erected or maintained in business areas
or unzoned commercial and industrial areas shall comply with the
following size requirements and limitations:
(a) In counties of less than 425,000 population, signs shall
not exceed 1,200 square feet in area, including border or trim but
excluding ornamental base or apron, supports and other structural
members.
(b) In counties having a population of 425,000 or more, signs
of a size exceeding 1,200 square feet in area but not in excess of
6,500 square feet in area, including border or trim but excluding
ornamental base or apron, supports and other structural members,
shall be permitted if the department determines that the signs are
in accord with customary usage in the area where the sign is
located.
(c) For signs erected after March 23, 1999, signs on a sign
structure shall not be stacked 1 on top of another. For signs
erected prior to March 23, 1999, the sign or sign structure shall
not be modified to provide a sign or sign structure that is stacked
1 on top of another.
(2) Maximum size limitations shall apply to each side of a
sign structure. Signs may be placed back to back, side by side or
in V-type or T-type construction, with not more than 2 sign
displays to each side. Any such sign structure shall be considered
as 1 sign for the purposes of this section.
(3) A single sign face may be divided into not more than 2
smaller sign faces if all of the following are satisfied:
(a) The sign being divided is not a nonconforming sign.
(b) The resulting smaller sign faces are equal in size.
(c) Each of the resulting smaller sign faces does not exceed
350 square feet in area.
(d) Each of the resulting smaller sign faces is legally
permitted under this act.
(e) Both before and after the larger sign face is divided into
smaller sign faces, there are no more than 2 permits for signs at
that location facing the same direction of travel.
Sec.
17. (1) Except as otherwise provided in subsection (9),
subsections (10) and (11), along interstate highways and freeways,
a sign structure located in a business area or unzoned commercial
or industrial area shall not be erected or maintained closer than
1,000 feet to another sign structure on the same side of the
highway.
(2) Along primary highways, a sign structure shall not be
erected or maintained closer than 500 feet to another sign
structure.
(3) Except as otherwise provided in subsection (4), a sign
utilizing a digital billboard permit shall not be closer than 1,750
feet to another sign utilizing a digital billboard permit on either
side of the highway facing the same direction of oncoming traffic.
House Bill No. 4629 (S-3) as amended January 15, 2014
as amended January 29, 2014
(4) [Beginning on the effective date of the amendatory act that
added this subsection and ending <<1 year>> after the effective date of
the amendatory act that added this subsection, for the first 8
nonstandard signs for which the owner applies for a digital billboard
permit under section 6(6)(a) without having to surrender 3 interim
permits as provided under section 6(6)(b), each sign shall not be closer
than 1,000 feet to another sign using a digital billboard permit on
either side of the highway facing the same direction of traffic. This subsection only applies to signs located in a county having a population of not less than 750,000.]
(5) (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.
(6) (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.
(7) (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.
(8) (6)
The Except as provided in
subsection (3), the spacing
requirements
provided in this section apply separately to each side
of the highway.
(9) (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.
(10) (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.
(11) (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.
(12) 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, abandoned, discontinued, or
prohibited sign. A nonconforming sign that has not displayed an
advertising message for more than 1 year shall be considered an
abandoned sign.
(2) A sign owner may perform customary maintenance and repair
of a nonconforming sign. The annual cost of the customary
maintenance and repair shall not exceed 40% of the replacement cost
of a new sign structure constructed using equivalent materials and
equipment.
(3) A sign owner may perform customary maintenance and repair
of a nonconforming sign that is damaged as a result of storm, fire,
or casualty. Customary maintenance and repair of a nonconforming
sign that is damaged as a result of storm, fire, or casualty shall
not exceed 60% of the replacement cost of a new sign structure
constructed using equivalent materials and equipment. The 60%
limitation in this subsection does not apply if the damage to the
nonconforming sign is caused by vandalism or a negligent act of a
person other than the sign owner.
(4) A nonconforming sign owner may not take any action that
places this state out of compliance with federal statutes,
published rules, regulations, or the federal-state agreement on
outdoor advertising.
(5) A nonstandard sign may continue to exist and a sign owner
may perform any action to a nonstandard sign that is allowed under
this act, except for the following:
(a) Increasing the overall height of an existing sign
structure.
(b) Increasing the total square footage of a sign face to a
size greater than its original square footage.
(c) Increasing the number of sign faces to more 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, the installation of trim or borders, and
removal of 1 or more sign faces or relocation of all or part of the
sign or sign structure upon request by the department. All of the
following apply to customary maintenance and repair:
(a) Customary maintenance and repair does not include any of
the following:
(i) Enlargement of the sign or sign structure. As used in this
subparagraph, "enlargement of the sign or sign structure" does not
include either of the following:
(A) The installation of a temporary copy enhancement.
(B) The installation of an embedded message device, if the
installation is not prohibited by federal statute or a rule
promulgated by the federal highway administration.
(ii) Except as otherwise provided in this subsection, a change
in the location of the sign structure.
(iii) An increase in the height of the sign structure.
(iv) Installation of additional signs on a sign structure.
(v) Electrification of the sign or sign structure.
(b) Notwithstanding any other provision of this act, customary
maintenance and repair includes a modification to a sign or sign
structure that was completed prior to January 1, 2007, other than
electrification, conversion to a digital billboard, or conversion
to a trivision sign. Customary maintenance and repair includes the
reversal of electrification, conversion to a digital billboard, or
conversion to a trivision sign if the electrification, conversion
to a digital billboard, or conversion to a trivision sign was
completed before January 1, 2007.
Sec. 17b. (1) The owner of a sign, agent of the owner of a
sign, or a property owner or the agent of a property owner with
whom the sign owner has a contractual relationship to maintain the
sign on his or her property shall not cross a limited access right-
of-way to erect or maintain a sign.
(2) The department shall not issue a permit to cross a limited
access right-of-way for purposes of erecting or maintaining a sign
to the owner of a sign, agent of the owner of a sign, or a property
owner or the agent of a property owner with whom the sign owner has
a contractual relationship to maintain the sign on his or her
property.
(3) If the owner of a sign, agent of the owner of a sign, or a
property owner or the agent of a property owner with whom the sign
owner has a contractual relationship to maintain the sign on his or
her property accesses a sign by crossing a limited access right-of-
way to erect or maintain the sign, the owner of the sign is subject
to the following penalties:
(a) For the first violation, a fine of $1,000.00 for each sign
location.
(b) For a second violation, removal of the sign and sign
structure and cancellation of the permit associated with the sign.
Sec.
18. The Except as
otherwise provided in this section, 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 that are erected or maintained upon property in
which the department has a highway easement or a similar property
interest except where otherwise allowed under this act or state or
federal statute or legal requirement.
(f) Those that are erected or maintained in an adjacent area
along a scenic byway that did not exist prior to the designation as
a scenic byway. Notwithstanding any other provision of this act, a
sign that is erected and maintained in a business area along a
scenic byway prior to the designation as a scenic byway is not
prohibited.
(g) (e)
Those which that are
abandoned.
(h) (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 8 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.
(i) (g)
Signs found to be in
violation of subdivision (f) (h)
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), (h), 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), (h), 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. 18b. (1) Notwithstanding any other provision of this act
to the contrary, the department may enter into a voluntary
agreement as proposed by the Michigan billboard advisory council
created under section 18c, or the department, if the Michigan
billboard advisory council no longer exists, and approved by the
state transportation commission with the federal highway
administration for a pilot program to address concerns and issues
related to outdoor advertising control, including, but not limited
to, all of the following:
(a) Festival advertising.
(b) Reduction in the number of nonconforming signs.
(c) Advertising in underserved areas.
(d) Temporary or seasonal businesses.
(e) Safety programs.
(f) Designation of rural areas for special lighting
provisions.
(g) Vegetation management practices.
(2) The department shall inform the legislature of its intent
to enter into a voluntary agreement under subsection (1) no later
than 30 days before entering into the agreement.
Sec. 18c. (1) The Michigan billboard advisory council is
created within the department for the purpose of advising the
department and the state transportation commission regarding
voluntary agreements entered into under section 18b(1), lighting,
and any other general policy for the effective control of outdoor
advertising.
(2) The Michigan billboard advisory council shall exist for a
period of 2 years after the effective date of the amendatory act
that added this section.
(3) Recommendations of the Michigan billboard advisory council
are advisory only.
(4) The Michigan billboard advisory council shall consist of
the following members appointed by the director of the department:
(a) The chairperson of the senate transportation committee or
his or her designee.
(b) The chairperson of the house transportation and
infrastructure committee or his or her designee.
(c) A representative of the state transportation commission.
(d) A representative of the conservation community.
(e) A representative of the outdoor advertising industry.
(f) A representative of the tourism industry or a trade group
that represents statewide tourism interests.
(g) A representative from the general public. The member
appointed under this subdivision shall be a private sector lessee
of billboard space whose business is based in this state.
(h) A sign owner that resides in this state.
(5) The members appointed under subsection (4)(c) to (h) shall
serve at the pleasure of the director of the department. All of the
members appointed under subsection (4) shall serve on a voluntary
basis and without compensation.
(6) Members of the Michigan billboard advisory council shall
serve for terms of 2 years. If a vacancy occurs on the Michigan
billboard advisory council, the director of the department shall
make an appointment for the unexpired term in the same manner as
the original appointment.
Sec. 22a. All of the following rules are rescinded:
(a) R 247.705 to R 247.707 of the Michigan administrative
code.
(b) R 247.710 of the Michigan administrative code.
(c) R 247.721(6) of the Michigan administrative code.
(d) R 247.723 of the Michigan administrative code.
(e) R 247.732 of the Michigan administrative code.
(f) R 247.733 of the Michigan administrative code.
(g) R 247.737 of the Michigan administrative code.
(h) R 247.742 of the Michigan administrative code.
(i) R 247.748 of the Michigan administrative code.