Bill Text: MI SB0953 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Highways; signs; revisions to highway advertising act; provide for. Amends secs. 2, 3, 4, 6, 7b, 11, 11a, 17 & 17a of 1972 PA 106 (MCL 252.302 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2016-12-30 - Vetoed By Governor 01/05/2017 12/30/16 Addenda [SB0953 Detail]
Download: Michigan-2015-SB0953-Introduced.html
SENATE BILL No. 953
May 4, 2016, Introduced by Senator CASPERSON and referred to the Committee on Transportation.
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending sections 2, 3, 4, 6, 7b, 11, 11a, 17, and 17a (MCL
252.302, 252.303, 252.304, 252.306, 252.307b, 252.311, 252.311a,
252.317, and 252.317a), sections 2, 4, 6, 11, 11a, and 17 as
amended and sections 7b and 17a as added by 2014 PA 2 and section 3
as amended by 2006 PA 448.
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) "Business area" means an adjacent area that is zoned 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 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 that extends along the
highway a distance of 800 feet beyond each edge of the activity.
Business area includes an adjacent area that is zoned by a state,
county, city, village, township, or charter township zoning
authority as part of a comprehensive land development project or
planned unit development in which commercial or industrial activity
is allowed. 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 are not 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 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 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 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. Erect includes being in the process of
constructing, building, raising, assembling, placing, affixing,
attaching, creating, painting, drawing, or in any other way
bringing into being or establishing.
(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 Bureau of
labor
statistics Labor Statistics or, if that index ceases to be
published
by the United States bureau Bureau
of labor statistics,
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 A permit for the sign or sign structure was legally
erected
issued before March 31, 1972 but a permit for the sign or
sign
structure could not be legally erected
issued under the
current provisions of this act.
(ii) Is a sign or sign structure regulated under this
act that
for
which a permit was legally erected issued after
March 31, 1972
but a permit for the sign or sign structure could not be legally
erected
issued 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, for which a
permit
was legally erected issued under this act before March 23,
1999, is not a nonconforming sign, and does not comply with the
spacing requirements in section 17(1) or (2), 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) "Public school property" means property owned or leased
by the governing board of a public school or property owned or
leased by a foundation owned or managed by the governing board of a
public school.
(cc) (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.
(dd) (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.
(ee) (dd)
"Religious organization
sign" means a sign, not
larger than 8 square feet, that gives notice of religious services.
(ff) (ee)
"Scenic byway" means a
regulated route that is
required to be regulated as a scenic byway under 23 USC 131.
(gg) (ff)
"Secondary highway" means
a state secondary road or
county primary road.
(hh) (gg)
"Service club sign" means
a sign, not larger than 8
square feet, that gives notice about nonprofit service clubs or
charitable associations.
(ii) (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.
(jj) (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.
(kk) (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.
(ll) (kk)
"Trivision sign" means a
sign or sign structure that
uses mechanical means to display more than 1 message in sequence.
(mm) (ll) "Unzoned
commercial or industrial area" means an
area that is within an adjacent area, that is not zoned by state or
local law, regulation, or ordinance, that contains 1 or more
permanent structures devoted to the industrial or commercial
purposes described in subdivision (e), and 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 are not 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 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 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 for rent by the public.
(xiii) A temporary business solely established to qualify as
commercial or industrial activity under this act.
(nn) (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. 3. To promote the reasonable, orderly, and effective
display of outdoor advertising, to improve and enhance scenic
beauty
consistent with section 131 of title 23 of the United States
Code,
23 USC 131, and to limit and reduce
the illegal possession
and use of tobacco by minors, the legislature finds it appropriate
to regulate and control outdoor advertising and outdoor advertising
as it pertains to tobacco adjacent to the streets, roads, highways,
and
freeways within this state and that outdoor advertising is
serves a public need as a legitimate accessory commercial use of
private
property, is an integral part of the marketing function,
and an established segment of the economy of this state.
Sec. 4. (1) 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 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.
(2) Consistent with section 1263 of the revised school code,
1976 PA 451, MCL 380.1263, and Charter Twp of Northville v
Northville Pub Schools, 469 Mich 285 (2003), public school property
is exempt from a zoning ordinance enacted by or a zoning
classification assigned by a county, city, village, township, or
charter township.
(3) Public school property shall qualify as unzoned property
of a mixed public and commercial use under this act, regardless of
the zoning classification assigned to the property by a county,
city, village, township, or charter township, if the public school
is using or proposing to use public school property for a purpose
that may provide a benefit, including, but not limited to, a
commercial or financial benefit, to the public school, its
governing board, or its foundation.
(4) A school building or a high school building, including an
athletic field or facility, that is located on public school
property and used for instructional or noninstructional school
purposes and that provides a benefit, including, but not a limited
to, a commercial or financial benefit, to a public school or the
governing board of a public school shall qualify as a permanent
structure devoted to the industrial or commercial purposes
described in section 2(e).
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 erected in an adjacent area where the facing of
the sign or sign structure is visible from 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 Except as otherwise
provided in this subsection, 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 compliance with this act. The
department shall not require a signed written statement from a
county, city, village, township, or charter township as part of the
documentation it may require under this subsection. 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) for the erection and maintenance of a
sign or sign structure along a regulated route that became subject
to this act prior to February 1, 2014.
(c) An annual permit may be surrendered for an interim permit
as provided in section 7a(3) for the erection and maintenance of a
sign or sign structure along a regulated route that became subject
to this act after February 1, 2014.
(3)
In Except as otherwise provided
in this subsection, 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
and who applied for a digital
billboard permit before the
effective
date of the amendatory act that added this subsection
shall
apply August 1, 2015 that was
revoked or denied may reapply
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
the
effective date of the amendatory act that added this
subsection,
or before January 1, 2016, an individual has obtained
location approval from the department and approval from the local
unit
of government having jurisdiction of that location to erect
convert an existing billboard to 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 Except as
otherwise provided in this
subdivision,
beginning on the effective date of
the amendatory act
that
added this subdivision January
30, 2014 and ending 1 year
after
the effective date of the amendatory act that added this
subdivision,
January 30, 2015, 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). The January 30, 2015 deadline described in
this subdivision shall be extended for an owner who has applied for
a digital billboard permit under this section and has applied for,
but not yet received, approval from a local unit of government
having jurisdiction of the location upon which he or she seeks to
erect a digital billboard. The extension described in this
subdivision shall be for an amount of time equal to the amount of
time that elapsed between the date of application for approval to
the local unit of government and the date approval is granted by
the local unit of government. For purposes of this subdivision, a
2-sided sign or sign structure that was erected on or before
January 30, 2014 shall be treated as a single sign or sign
structure and the owner shall not be required to surrender more
than 3 interim permits under this subdivision. An owner may reapply
for a digital billboard permit that he or she previously applied
for and was either denied or revoked before January 1, 2016. Upon a
reapplication described in this subdivision, the department shall
issue a digital billboard permit to the owner if the owner is in
compliance with the other requirements of this subsection.
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, website address and telephone number of the activity or
attraction, 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) A Except as
provided in subsection (5), 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 is guilty of a
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, whichever is greater. The value of the
removed trees or shrubs shall be determined by the department under
section 11a.
(2) If a sign owner, 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 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) If trees or shrubs have been trimmed or removed without a
permit under section 11a by a sign owner, a sign owner's agent, a
property owner, or a property owner's agent, the department 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) 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.
(5) A person may trim or remove trees or shrubs within the
right-of-way of a primary highway for the purpose of making an
existing sign more visible if all of the following are satisfied:
(a) The trees or shrubs to be removed are within 500 feet of
the sign, and the sign is located in a county having a population
of not less than 750,000.
(b) The primary highway borders 2 counties, and each county
has a population of not less than 750,000.
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.
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 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 (6) and procedures for clearing
vegetation as determined by the department.
(4) Unless otherwise agreed to by the department and an
applicant, the department shall issue its decision on an
application no later than 90 days after receipt of a completed
application. 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. The notification required by this subsection shall
include the value of the vegetation to be managed as determined
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 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 $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 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) Subject to 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) 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) 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 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 a state trunk line highway.
(c) The vegetation management conflicts with federal or state
law or promulgated rules.
(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, permitted to be planted, or allowed to grow naturally
by the department for a specific purpose, as shown by the
department's records or the department's practices.
(f) 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 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 was found, after a
hearing in accordance with section 19, to not 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) If the department denies an application or issues a
limited permit under this section, the department shall provide a
specific rationale for denying an application or approving a
limited permit.
(10) No later than 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
(8), an applicant may request 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) 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) If, after review and reconsideration under subsection
(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) All work performed in connection with trimming, removing,
or relocating vegetation shall be performed at the sign owner's
expense.
(14) 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.
(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) 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) 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 1 or more
of the penalties provided in subsection (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 (16), and shall indicate the penalties the
department is seeking under subsection (16). Notification shall
occur within 30 days 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 is subject to the appeals process contained in
subsections (10), (11), and (12).
(18) As used in this section:
(a) "Billboard viewing zone" means the 1,000-foot area
measured
at the pavement edge of the main-traveled way closest to
from which the billboard face is intended to be viewed having as
its terminus the point of the right-of-way line immediately
adjacent to the main-traveled way from which the billboard is
intended to be viewed 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. Billboard viewing zone includes a highway
median.
(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
highway, the point directly below the billboard face farthest away
from the highway, a point as measured from a point directly
adjacent to the part of the billboard closest to the closest edge
of the highway and extending back parallel to the 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. 17. (1) Except as otherwise provided in 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.
(4)
Beginning on the effective date of the amendatory act that
added
this subsection January 30,
2014 and ending 1 year after the
effective
date of the amendatory act that added this subsection,
January 30, 2015, 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) This section 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) 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) Official signs as described in section 13(1)(a) and on-
premises signs shall not be counted and measurements shall not be
made from them for purposes of determining compliance with the
spacing requirements in this section.
(8) Except as provided in subsection (3), the spacing
requirements in this section apply separately to each side of the
highway.
(9) The spacing requirements in this section shall be measured
along the nearest edge of the pavement of the highway between
points directly opposite each sign.
(10) 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 that does not comply with the spacing
requirements of this section after March 23, 1999, is not unlawful
under section 22.
(11) Along an interstate highway that is designated by 1
letter and 3 numbers and located in a county with a population of
less than 211,000 but more than 175,000, an existing sign structure
that was erected prior to 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 for which a permit was legally erected issued under this
act 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 the nonconforming 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 the nonconforming
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.
(a) (b)
Increasing the total square footage
of a sign face to
a size greater than its original square footage.
(b) (c)
Increasing the number of sign faces
to more than 2.
(6)
As used in this section: , "customary maintenance and
repair"
(a) "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:
(i) (a)
Customary maintenance and repair
does not include any
of the following:
(A) (i) Enlargement
of the sign or sign structure. As used in
this
subparagraph, sub-subparagraph,
"enlargement of the sign or
sign structure" does not include either of the following:
(I) (A)
The installation of a temporary
copy enhancement.
(II) (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.
(B) (ii) Except
as otherwise provided in this subsection,
subdivision, a change in the location of the sign structure.
(C) (iii) An
increase in the height of the sign structure.
(D) (iv) Installation
of additional signs on a sign structure.
(E) (v) Electrification
of the sign or sign structure.
(ii) (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.
(b) "Replacement cost" means the total sum of the costs
incurred to erect a new replacement sign or sign structure with
equivalent materials and equipment at current market prices.
