SCS/HB 1508 - This act makes various changes to Missouri's billboard law.

COMPLIANCE WITH FEDERAL LAW - Current state law applies to federal primaries and interstates and does not specifically cover former primary or interstate highways. Federal law now specifically requires states to regulate any federal aid primary or interstate or highway which was a federal aid primary or interstate as of June 1, 1991 (Section 226.540).

LIGHTING REGULATIONS/NEW TECHNOLOGY - This act updates specifically allows Tri- vision, projection and changeable message signs to be subject to MoDOT lighting regulations. This act authorizes the commission to adopt administrative rules regarding the use of new technology in outdoor advertising pursuant to federal regulations (Section 226.573).

CUTOUTS, EXTENSION, AND STACKING - This act allows cutouts and extensions on nonconforming signs and makes existing stacked signs legal nonconforming (Section 226.540(2)(a)). When stacked signs were prohibited in 1999, the statute provided that existing signs were not conforming which meant they could be rebuilt. By making existing signs legal nonconforming, the signs could be phased out over time as they need replacing.

SPACING/ ZONING - This act adopts a minimum of 1,400 feet (up from 500 feet) spacing between signs on all primary and interstate highways. This act modifies the definition of "unzoned commercial and industrial land" by expanding the commercial activity area from 600 feet to 750 feet on either side of a qualifying business. The act also modifies the definition of "zoned commercial or industrial area" by requiring that commercially zoned areas have a commercial business within 750 feet before outdoor advertising is permitted (Section 226.540(6)). This act requires businesses to have the presence of an owner or employee on the premises for at least 20 hours per week to be considered a valid business when determining whether a property is commercial or industrial.

PERMIT FEES - This act increases original permit fee to erect a billboard from $28.50 to $200 and increases biennial inspection fees to $50 on August 28, 2002, $75 on August 28, 2003, and $100 on August 28, 2004. This act also encourages the commission to adopt a renewal system in which all permits of a particular highway are renewed in the same month.

REMOVAL OF BILLBOARDS - This act allows for the non-compensated removal of billboards for failing to pay fees over 12 months (Section 226.580). This act increases the amount of time to cure a billboard violation from 30 to 60 days and requires actual notice of a violation before the Department of Transportation can remove a sign.

VEGETATION PERMITS - This act requires vegetation permits to be issued according to current MoDOT rules and regulations, but shall not be denied by the commission without good cause.

This act is similar to CCS/SS/SCS/HB 1196 (2002), SCS/SB 970 (2002), SB 851 (2002) and SB 247 (2001).
STEPHEN WITTE