Bill Text: MI SB0350 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Highways; signs; revisions to highway advertising act; provide for. Amends secs. 2, 4, 6, 7, 7a, 11, 11a, 15, 17 & 18 of 1972 PA 106 (MCL 252.302 et seq.) & adds secs. 17a & 17b.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2013-05-07 - Referred To Committee On Transportation [SB0350 Detail]

Download: Michigan-2013-SB0350-Introduced.html

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SENATE BILL No. 350

 

 

May 7, 2013, Introduced by Senators CASPERSON, BRANDENBURG, KOWALL, GREEN and PAVLOV and referred to the Committee on Transportation.

 

 

 

     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 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.

 

     (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 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) "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.

 

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

 

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

 

being or establish.

 

     (l) "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.

 

     (m) "Incorporated municipality" means a city or village.

 

     (n) "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.

 

     (o) "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.

 

     (p) "Location" means a place where a sign structure subject to

 

this act is located.

 

     (q) "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.

 

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

 

periodic changing of advertising messages, and customary

 

maintenance and repair of signs and sign structures.

 

     (s) "Nonconforming sign" means a sign or sign structure, other

 

than a nonstandard sign, 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.

 

     (t) "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.

 

     (u) "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.

 

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

 

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

 

township, charter township, or other public or municipal

 

association or corporation.

 

     (w) "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.

 

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

 

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

 

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

 

primary road.

 

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

 

feet, that gives notice about nonprofit service clubs or charitable

 

associations.

 

     (aa) "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.

 

     (bb) "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.

 

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

 

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

 

tobacco snuff, and chewing tobacco.

 

     (dd) "Trivision sign" means a sign or sign structure that uses

 

mechanical means to display more than 1 message in sequence.

 

     (ee) (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.

 

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

 

of being seen and read 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.

 

     (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 or a

 

digital billboard permit on a form prescribed by the department for

 

each sign, sign structure, or digital billboard 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,

 

any other highway that is required to be regulated by the

 

department, or any other highway that becomes required to be

 

regulated by the department under this act or another state or

 

federal statute or legal requirement. A sign owner shall apply for

 

a separate sign permit or digital billboard permit for each sign or

 

digital billboard for each highway subject to this act from which

 

the facing of the sign or digital billboard is visible. The owner

 

shall apply for the permit for such signs which or digital

 

billboards 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 signs or

 

digital billboards are 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 or digital billboard is to

 

be located, the date the sign or digital billboard, if currently

 

maintained, was erected, the zoning classification of the property,

 

a precise description of where the sign or digital billboard 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 or digital

 

billboard permit application shall include a statement signed by

 

the owner of the land on which the sign or digital billboard 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 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 section 17(3) for each

 

highway subject to this act from which the facing of the sign is

 

visible. The owner shall apply for the permit for a sign 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 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) Notwithstanding any other provision of this act, within 90

 

days after the effective date of the amendatory act that added this

 

subdivision, the owner of a digital billboard 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) Within 2 years after a highway becomes subject to this act

 

as a result of federal or state action, the department shall

 

exercise control over all signs and sign structures within the

 

adjacent area of that highway as provided under this act.

 

     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 21 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 permit may be

 

canceled without taking further administrative action unless an

 

administrative hearing is requested by the permit holder within 60

 

days of after the permit expiration date. The department may

 

reinstate a permit that was previously canceled by an applicant or

 

the department if the department, through management of its permit

 

inventory, determines that the previous cancellation was caused by

 

an error in the permitting process.

 

     (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.

 

     (5) (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. A sign constructed pursuant

 

to an interim permit shall not be built in a location where the

 

sign would be obscured, in whole or in part, by existing vegetation

 

or by the future growth of existing vegetation. An interim permit

 

shall not be used to construct a sign in a location where

 

vegetation that obscured the sign or would have obscured the sign

 

through normal future growth 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) 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 a 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 eligible to

 

be surrendered for an interim permit.

 

     (15) The department shall issue an annual permit for a sign if

 

that sign satisfies both of the following:

 

     (a) The sign is in existence on the effective date of the

 

amendatory act that added this subsection.

 

     (b) The sign becomes subject to this act as a result of

 

federal or state action.

 

     (16) If the owner of an existing sign or sign structure that

 

was in existence before January 1, 2007 and for which the owner

 

held a valid permit before January 1, 2007 demonstrates that the

 

sign or sign structure was in continuous use as a commercial

 

billboard and that the permit was canceled by the permit holder in

 

error and an interim permit was issued, the department may

 

reinstate the annual permit upon surrender of the interim permit

 

and payment of the required renewal fees from the date of

 

cancellation.

 

     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 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 the use of the sign

 

or sign structure for a period of time not to exceed 1 year, or

 

remove the sign under section 19.

 

     (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 75 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 $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, 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. A vegetation management permit

 

issued under this section is valid for 5 years after the date the

 

permit is issued. An applicant may manage vegetation as prescribed

 

in the vegetation management permit throughout the 5-year period

 

that the permit is valid by providing proper notice to the

 

department and complying with all conditions and requirements of

 

the department. An applicant shall obtain all necessary permits to

 

access the right-of-way of a highway if required by other laws of

 

this state.

 

     (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) (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 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.

 

     (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.

 

     (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 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. 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 obstructing the visibility of any portion

 

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 750-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 consist of not more than 2 smaller

 

sign faces if all of the following are satisfied:

 

     (a) Each sign face is equal in size.

 

     (b) Each sign face is legally permitted under this act.

 

     (c) Each sign face does not exceed 350 square feet in area.

 

     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 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) A sign utilizing a digital billboard permit shall not be

 

closer than 1,500 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 Except as provided in subsection (3), 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, abandoned, 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.

 

     (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 its original square footage.

 

     (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, 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. 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) Except as otherwise provided in this subsection, 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. (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 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 property interest except where otherwise

 

allowed under this act or state or federal law.

 

     (f) Those that are erected or maintained in an adjacent area

 

along a federally designated scenic byway that did not exist prior

 

to the designation as a scenic byway.

 

     (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 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.