SB 120
Modifies various provisions relating to billboards
Sponsor:
LR Number:
0897S.01I
Committee:
Last Action:
5/13/2011 - S Informal Calendar S Bills for Perfection--SB 120-Stouffer, with SS (pending)
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2011

Current Bill Summary

SS/SB 120 - LOCAL OUTDOOR ADVERTISING REGULATIONS - Under this act, local regulations relating to billboard size, lighting, and spacing may be more restrictive than state law standards provided such local regulations allow for customary usage, and comply with the intent of state law. Local regulations may not prohibit off-premise outdoor advertising structures on commercial or industrial property within 660 feet of federal aid primary or interstate highways. If a court finds that a local regulation is prohibitive, unreasonable, or fails to allow for customary industry usage, then state standards regarding size, lighting, and spacing shall automatically apply in such areas until a valid local ordinance is adopted by the local zoning authority (Section 226.540).

BILLBOARD MORATORIUM DURING PERIODS OF HIGHWAY CONSTRUCTION - Under this act, on the date the commission approves funding for any phase or portion of construction or reconstruction of any street or highway, the rules in effect for outdoor advertising on August 27, 1999, shall be reinstated for that section of highway scheduled for construction and there shall immediately be a moratorium imposed on the issuance of state sign permits for new sign structures.

Owners of existing signs which meet the requirements for outdoor advertising in effect on August 27, 1999, and the requirements of the federal/state agreement and who voluntarily execute a partial waiver and reset agreement may reset such signs on the same or adjoining property. Such reset agreements shall be contingent upon obtaining any required local approval to reset the sign structure. Any sign which has been reset must still comply with the August 27, 1999, outdoor advertising regulations after it has been reset.

Owners of existing signs who elect to reset qualifying signs shall receive compensation representing the actual cost to reset the existing sign. Signs which have been reset under the act must be reconstructed of the same type materials and may not exceed the square footage of the original sign structure.

Sign owners may elect to reset existing qualifying signs by executing a partial waiver and reset agreement with the commission.

Upon the completion of construction on any section of highway, the moratorium on new permits shall be lifted and the rules for outdoor advertising in effect on the date the construction is completed shall apply to such section of highway.

Local zoning authorities may prohibit the resetting of qualifying signs which fail to comply with local regulations.

The act requires all signs to be subject to biennial inspection fees.

Similar provisions relating to the regulation of billboards may be found in the truly agreed to version of HB 430 (2011).

STEPHEN WITTE

Amendments