Bill Text: NC H581 | 2017-2018 | Regular Session | Amended
Bill Title: Revisions to Outdoor Advertising Laws
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Introduced - Dead) 2017-06-26 - Failed 2nd Reading [H581 Detail]
Download: North_Carolina-2017-H581-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 3
HOUSE BILL 581
Committee Substitute Favorable 5/23/17
Committee Substitute #2 Favorable 6/14/17
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Short Title: Revisions to Outdoor Advertising Laws. |
(Public) |
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Sponsors: |
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Referred to: |
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April 6, 2017
A BILL TO BE ENTITLED
AN ACT TO promote uniformity of regulation and modernization of outdoor advertising, TO allow for the relocation and reconstruction of off‑premises outdoor advertising, to increase permit fees for outdoor advertising, to clarify standards for selective vegetation removal, and to establish a reasonable time frame for making agency decisions regarding permits and appeals.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 136‑93.2 reads as rewritten:
"§ 136‑93.2. Monetary value of trees.
The monetary value for existing
trees removed and eligible for reimbursement to the Department as provided in
G.S. 136‑93 or G.S. 136‑133.1 from State rights‑of‑way
shall be determined on an annual basis by the Department. In determining the
value of existing trees removed, the average cost per caliper inch shall be
based on the lower value of either the average wholesale commercial nursery
prices for hardwood and conifer plants, times a 2.5 multiplier for installation
and warranty or the average cost per caliper inch for tree planting contracts
let by the Department in the previous calendar year. The values shall be
determined and published by the Department no later than December 15 of each
year. The values established pursuant to this section shall be used in
calculating the monetary value of trees removed from State rights‑of‑way
beginning January 1 of each year. If the Department fails to publish changes in
values by December 15, then the values existing on December 15 shall be applicable
to existing trees removed and eligible for reimbursement for the following year.forty‑five
dollars ($45.00) per caliper inch."
SECTION 1.(b) This section is effective when it becomes law and applies to trees removed on or after that date.
SECTION 2. G.S. 136‑127 reads as rewritten:
"§ 136‑127. Declaration of policy.
The General Assembly hereby finds
and declares that outdoor advertising is a legitimate commercial use of private
property adjacent to roads and highways but highways. The General
Assembly also finds and declares that off‑premises outdoor advertising is
an important and distinct medium of communication for effectively displaying
commercial and noncommercial messages and is an established segment of the
national economy that serves to promote and protect investments in commerce and
industry. As a result, off‑premises outdoor advertising is a use of land
that should be preserved and its modernization fostered in order to enable new
technology and more inventive ways of communicating. The General Assembly
further finds that the erection and maintenance of off‑premises outdoor
advertising signs and devices in areas in the vicinity of the right‑of‑way
of the interstate and primary highway systems within the State should be
controlled and regulated regulated, as provided in this Article, in
order to promote the safety, health, welfare and convenience and enjoyment of
travel on and protection of the public investment in highways within the State,
to prevent unreasonable distraction of operators of motor vehicles and to
prevent interference with the effectiveness of traffic regulations and to
promote safety on the highways, to attract tourists and promote the prosperity,
economic well‑being and general welfare of the State, and to preserve and
enhance the natural scenic beauty of the highways and areas in the vicinity of
the State highways and to promote the reasonable, orderly and effective display
of such signs, displays and devices, and to secure the right of validly permitted
off‑premises outdoor advertising to be clearly viewed by the
traveling public. It is the intention of the General Assembly to provide and
declare herein a public policy and statutory basis for the establishment of
a uniform system for the regulation and control of off‑premises outdoor
advertising.advertising throughout the State."
SECTION 3.(a) G.S. 136‑128(1) is recodified as G.S. 136‑128(1d).
SECTION 3.(b) G.S. 136‑128(1a) is recodified as G.S. 136‑128(1e).
SECTION 3.(c) G.S. 136‑128(1b) is recodified as G.S. 136‑128(1f).
SECTION 3.(d) G.S. 136‑128(2a) is recodified as G.S. 136‑128(2c).
SECTION 3.(e) G.S. 136‑128, as amended by subsections (a), (b), (c), and (d) of this section, reads as rewritten:
"§ 136‑128. Definitions.
As used in this Article:
(1) Area zoned commercial or industrial. An area which is zoned for business, industry, commerce, or trade pursuant to a State law or local zoning ordinance or regulation, regardless of how labeled, where uses associated with business, industry, commerce, or trade are permitted. This term does not include "zoning designed primarily for the purpose of permitting outdoor advertising signs," as that term is defined in G.S. 136‑133.5(e).
(1a) Changeable message sign. An off‑premises outdoor advertising sign that displays a series of messages at intervals by digital display, mechanical rotating panels, or other electronic or automated means.
(1c) Customary use. Compliance with the specific outdoor advertising standards for size, lighting, and spacing in areas zoned commercial or industrial under authority of State law or in unzoned commercial or industrial areas, as the standards and areas are described and defined in the agreement dated January 7, 1972, as amended, and entered into between the State and the United States Department of Transportation under G.S. 136‑138 to implement the provisions of the federal Highway Beautification Act of 1965.
(1d) "Erect" means
to Erect or erection. To construct, build, raise, assemble, place,
affix, attach, create, paint, draw, or in any other way bring into being or
establish. This term does not include the repair, maintenance, or
reconstruction of an off‑premises outdoor advertising, as authorized
under G.S. 136‑131.2, or the relocation of an off‑premises
outdoor advertising sign as authorized under applicable State law.
(1e) "Illegal sign"
means one Illegal sign. One which was erected and/or maintained in
violation of State law.
(1f) "Information
center" means an Information center. An area or site
established and maintained at safety rest areas for the purpose of informing
the public of places of interest within the State and providing such other
information as the Department of Transportation may consider desirable.
(2) "Interstate
system" means that Interstate system. That portion of the
National System of Interstate and Defense Highways located within the State, as
officially designated, or as may hereafter be so designated, by the Department
of Transportation, or other appropriate authorities and are also so designated
by interstate numbers. As to highways under construction so designated as
interstate highways pursuant to the above procedures, the highway shall be a
part of the interstate system for the purposes of this Article on the date the
location of the highway has been approved finally by the appropriate federal
authorities.
(2a) Maintain or maintenance. To allow to exist in accordance with applicable State law.
(2b) Main‑traveled way or main travel way. The through traffic lanes of a highway, but not including frontage roads, auxiliary lanes, and ramps.
(2c) "Nonconforming
sign" shall mean a Nonconforming sign. A sign which was
lawfully erected but which does not comply with the provisions of State law or State
rules adopted and regulations passed by the Department of
Transportation at a later date in accordance with this Article, or which
which, due to changed conditions, later fails to comply with State
law or State rules adopted or regulations due to changed
conditions. Illegally erected or maintained passed by the Department of
Transportation in accordance with this Article. Illegal signs are not
nonconforming signs.
(2d) Off‑premises outdoor advertising. The use of land consisting of a sign erected and maintained for the purpose of (i) displaying, advertising, identifying, or directing attention to business products, operations, or services sold or offered at a property other than the property where the sign is erected or (ii) promoting an attraction, activity, idea, opinion, or other noncommercial messaging that is unrelated to the property where the sign is erected. A sign meeting this definition is commonly known as a billboard, where space is commonly made available or rented to advertisers to display their messages to the traveling public.
(3) "Outdoor
advertising" means any Outdoor advertising. Any outdoor sign,
display, light, device, figure, painting, drawing, message, plaque, poster,
billboard, or any other thing which is designed, intended or used to advertise
or inform, any part of the advertising or information contents of which is
visible from any place on the main‑traveled way of the interstate or
primary system, whether the same be permanent or portable installation.
(4) "Primary systems"
means the Primary systems. The federal‑aid primary system in
existence on June 1, 1991, and any highway which is not on that system but
which is on the National Highway System. As to highways under construction so
designated as primary highways pursuant to the above procedures, the highway
shall be a part of the primary system for purposes of this Article on the date
the location of the highway has been approved finally by the appropriate
federal or State authorities.
(5) "Safety rest area"
means an Safety rest area. An area or site established and
maintained within or adjacent to the highway right‑of‑way by or
under public supervision or control, for the convenience of the traveling
public.
(5a) Sign face. The part of the sign, including trim and background, which contains the message or informative content. For purposes of measuring the maximum area or height of a sign under this Article, embellishments or extended advertising shall be excluded.
(5b) Sign location or site. A location or site of an off‑premises outdoor advertising sign measured to the closest 1/100th of a mile, in conformance with the Department of Transportation methods of measurement for all State roads.
(6) "State law"
means a State law. A State constitutional provision or statute, or
an ordinance, a rule or regulation enacted or adopted by a State
agency or political subdivision of a State pursuant to a the State
Constitution or a statute.
(7) "Unzoned area"
shall mean an Unzoned commercial or industrial area. An area where
there is no zoning in effect.effect that is within 660 feet of the
nearest edge of the right‑of‑way of the interstate or primary
system, in which there is at least one commercial or industrial activity that
meets the criteria set forth in G.S. 136‑130.1.
(8) "Urban area"
shall mean an Urban area. An area within the boundaries or limits
of any incorporated municipality having a population of five thousand or more
as determined by the latest available federal census.
(9) "Visible"
means capable Visible. Capable of being seen (whether or not
legible) without visual aid by a person of normal visual acuity."
SECTION 4. Article 11 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑130.1. Unzoned commercial or industrial area criteria for outdoor advertising signs.
(a) Criteria. To qualify as an unzoned commercial or industrial area for purposes of this Article, one or more commercial or industrial activities shall meet all of the following criteria prior to submitting an outdoor advertising permit application:
(1) The activity shall maintain all necessary business licenses as may be required by applicable State law.
(2) The property used for the activity shall be listed for ad valorem taxes with the county and municipal taxing authorities as required by law.
(3) The activity shall have all basic utilities, including electricity, water, and sewer or septic service.
(4) The activity shall have direct or indirect vehicular access and be a generator of vehicular traffic.
(5) The activity shall have a building designed with a permanent foundation, built or modified for its current commercial or industrial use, and the building must be located within 660 feet from the nearest edge of the highway right‑of‑way. Where a mobile home unit or recreational vehicle is used as a business or office, the following conditions and requirements also apply:
a. The mobile home unit or recreational vehicle shall meet the State Building Code criteria for commercial or business use.
b. A self‑propelled vehicle shall not qualify for use as a business or office for the purpose of these rules.
c. All wheels, axles, and springs shall be removed.
d. The unit or vehicle shall be permanently secured on piers, pad, or foundation.
e. The unit or vehicle shall be tied down in accordance with State or local requirements.
(6) The activity must be in active operation a minimum of six months prior to the date of submitting an application for an outdoor advertising permit or the date that construction commences on the site for the relocation of an off‑premises outdoor advertising sign.
(7) The activity shall be open to the public during hours that are normal and customary for that type of activity in the same or similar communities but not less than 20 hours per week.
(8) One or more employees shall be available to serve customers whenever the activity is open to the public.
(9) The activity shall be visible and recognizable as commercial or industrial from the main‑traveled way. An activity is visible when that portion on which the permanent building designed, built, or modified for its current commercial use can be clearly seen 12 months a year by a person of normal visual acuity while traveling at the posted speed on the main‑traveled way adjacent to the activity. An activity is recognizable as commercial or industrial when its visibility from the main‑traveled way is sufficient for the activity to be identified as commercial or industrial.
(b) Guidelines. When making a determination as to whether an activity meets the criteria set forth in subsection (a) of this section, both of the following guidelines shall apply:
(1) Each side of the highway shall be considered separately.
(2) All measurements shall begin from the outer edges of regularly used buildings, parking lots, storage, or processing areas of the commercial or industrial activity, not from the property line of the activity, and shall be along the nearest edge of the main‑traveled way.
(c) Nonqualifying Activities. For purposes of qualifying an area as unzoned commercial or industrial in accordance with subsection (a) of this section, none of the following activities shall be considered:
(1) Outdoor advertising structures.
(2) On‑premise or on‑property outdoor advertising signs, if the on‑premise or on‑property sign is the only part of the commercial or industrial activity that is visible from the main‑traveled way.
(3) Agricultural, forestry, ranching, grazing, farming, and related activities, including temporary wayside fresh produce stands.
(4) Transient or temporary activities.
(5) Activities not visible and recognizable as commercial or industrial from the traffic lanes of the main‑traveled way.
(6) Activities more than 660 feet from the nearest edge of the right‑of‑way.
(7) Activities conducted in a building principally used as a residence.
(8) Railroad tracks and minor sidings.
(9) Any outdoor advertising activity or any other business or commercial activity carried on in connection with an outdoor advertising activity.
(10) Illegal junkyards, as defined in G.S. 136‑146, and nonconforming junkyards, as described in G.S. 136‑147."
SECTION 5. G.S. 136‑129 reads as rewritten:
"§ 136‑129. Limitations of outdoor advertising devices.
No outdoor advertising shall be
erected or maintained within 660 feet of the nearest edge of the right‑of‑way
of the interstate or primary highway systems in this State so as to be visible
from the main‑traveled way thereof after the effective date of this
Article as determined by G.S. 136‑140, except the following:
(4) Outdoor advertising, in
conformity with customary use and the rules and regulations promulgated
by the Department of Transportation, Transportation pursuant to G.S. 136‑130,
located in areas which are zoned industrial or commercial commercial
or industrial by the State, or a political subdivision of the State, under
authority of State law.
(5) Outdoor advertising, in
conformity with customary use and the rules and regulations promulgated
by the Department of Transportation, Transportation pursuant to G.S. 136‑130,
located in unzoned commercial or industrial areas."
SECTION 6. G.S. 136‑129.2 is amended by adding a new subsection to read:
"(d) Nothing in this Article shall be construed to alter or supersede the requirements and limitations set forth in Article 10 of Chapter 113A of the General Statutes."
SECTION 7. G.S. 136‑130 reads as rewritten:
"§ 136‑130. Regulation of advertising.
(a) TheSubject to the limitations set forth
in this Article, the Department of Transportation is authorized to
promulgate rules and regulations in the form of ordinances governing:governing
any of the following:
(1) The erection and
maintenance of outdoor advertising permitted in G.S. 136‑129,G.S. 136‑129.
(2) The erection and
maintenance of outdoor advertising permitted in G.S. 136‑129.1,G.S. 136‑129.1.
(2a) The erection and
maintenance of outdoor advertising permitted in G.S. 136‑129.2,G.S. 136‑129.2.
(3) The specific requirements
and procedures for obtaining a permit for outdoor advertising as required in G.S. 136‑133
this Article and for the administrative procedures for appealing a
decision at the agency level to refuse to grant or in revoking a permit
previously issued, andissued.
(b) Notwithstanding any law to the contrary, the Department of Transportation shall not deny or revoke a permit for off‑premises outdoor advertising required under this Article on the basis that the off‑premises outdoor advertising fails to conform to ordinances, rules, or regulations of a municipality, county, local or regional zoning authority, or other political subdivision of the State, except for the proposed erection of a new off‑premises outdoor advertising sign at a new sign location or site that fails to comply at the time of denial with ordinances, rules, or regulations of a municipality, county, local or regional zoning authority, or other political subdivision of the State that are consistent with G.S. 136‑131.2(b). This exception does not apply to the relocation of off‑premises outdoor advertising authorized by this Article."
SECTION 9.(a) G.S. 136‑131.2 reads as rewritten:
"§ 136‑131.2. Modernization of outdoor advertising devices.
(a) No Notwithstanding any law to the
contrary, no municipality, county, local or regional zoning authority, or
other political subdivision shall, without the payment of just compensation as
provided for in G.S. 136‑131.1, regulate or prohibit the repair repair,
maintenance, alteration, or reconstruction of any off‑premises outdoor
advertising for which there is in effect a valid permit issued by the
Department of Transportation pursuant to this Article at the time of the
repair, maintenance, alteration, or reconstruction so long as the cumulative
square footage of its the advertising surface area is not increased.
As used in this section, reconstruction includes the changing of an existing
multipole outdoor advertising structure to a new monopole structure.increased
and no sign face exceeds 672 square feet; provided, however, the size of a sign
face or faces of another off‑premises outdoor advertising sign that is
permanently taken down in the same governmental jurisdiction within 120 days of
a sign being reconstructed may be combined to increase the cumulative
advertising surface area of the reconstructed sign, not to exceed 672 square
feet for any sign face. One additional sign face may be added to a single‑face
sign conforming to customary use so long as the additional face does not exceed
the size of the existing sign face. As used in this section, "repair,
maintenance, alteration, or reconstruction" includes the following:
(1) The changing of an existing multipole off‑premises outdoor advertising structure to a new monopole structure.
(2) The changing of wooden poles to steel poles.
(3) The increase in the height of the sign, not to exceed 50 feet measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main‑traveled way.
(4) The changing of an off‑premises outdoor advertising sign to a changeable message sign under subsection (c) of this section.
(b) Nothing in this section shall prohibit a municipality, county, local or regional zoning authority, or other political subdivision from using its zoning authority to regulate (i) the initial erection of an off‑premises outdoor advertising sign that has not been relocated pursuant to applicable law or (ii) outdoor advertising in which a permit issued by the Department of Transportation pursuant to this Article has been voluntarily cancelled or lawfully revoked and any appeals under G.S. 136‑134.1 have been exhausted. No decision of an administrative official charged with enforcement of a local ordinance, rule, or regulation shall be effective against an owner or operator of off‑premises outdoor advertising for any activity authorized by this Article, and no appeal under G.S.153A‑345.1 or G.S. 160A‑388 shall be required to protect the outdoor advertiser's rights under this section.
(c) Any off‑premises outdoor advertising for which there is in effect a valid permit issued by the Department of Transportation pursuant to this Article, including any sign relocated pursuant to applicable law, shall be permitted to be altered or reconstructed to a changeable message sign, subject to the limitations set forth in subsection (a) of this section and all of the following requirements:
(1) The sign is conforming to customary use. A changeable message sign that complies with the requirements set forth in this subsection shall not be considered flashing, intermittent, or moving and shall otherwise satisfy the lighting restrictions set forth in the agreement entered into pursuant to G.S. 136‑138 between the State and the United States Department of Transportation to implement the provisions of the federal Highway Beautification Act of 1965.
(2) The changeable message sign shall not alternate displays more frequently than once every six seconds, with a maximum change time of two seconds.
(3) The changeable message sign shall not display video, continuous scrolling messages, or animation.
(4) The changeable message sign shall contain a default design that either freezes the message display in one position, displays a full blank screen, or turns off if a malfunction occurs.
(5) The light produced does not exceed 0.3 footcandles over ambient light levels as measured at the following distances:
a. 150 feet, if the display surface is 12 feet by 25 feet.
b. 200 feet, if the display surface is 10.5 feet by 36 feet.
c. 250 feet, if the display surface is 14 feet by 48 feet.
(6) The changeable message sign structure shall be a steel monopole.
(7) The changeable message sign shall not be located within 1,000 feet of any other changeable message sign permitted by the Department of Transportation that is facing the same direction of traffic on the same side of the highway. The 1,000‑foot distance shall be measured along the nearest edge of the main‑traveled way and between points directly opposite the applicable signs along each side of the highway.
(8) An off‑premises outdoor advertising sign shall not be altered or reconstructed to a changeable message sign within an historic district lawfully established by a city or county government pursuant to Part 3C of Article 19 of Chapter 160A of the General Statutes, unless consented to by a resolution adopted by the applicable local governing board.
(d) The Department of Transportation may adopt or enforce rules that restrict the rights set forth in this section for outdoor advertising that does not conform to customary use and whose failure to conform to customary use cannot be eliminated through any repair, maintenance, alteration, relocation, or reconstruction authorized under this section.
(e) Notwithstanding any law to the contrary, in order to promote the outdoor advertiser's right to be clearly viewed as set forth in G.S. 136‑127, the owner of an off‑premises outdoor advertising sign, or the owner's designees, shall be permitted to cut or remove vegetation on the private property on which the sign is located with the written consent of the landowner. A city or county shall not enforce any ordinance or regulation in conflict with the rights set forth herein or to otherwise cause the withholding of consent by the landowner."
SECTION 9.(b) This section is effective when it becomes law and applies to repairs, maintenance, alterations, and reconstructions on or after that date.
SECTION 10.(a) Article 11 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑131.3. Relocation of permitted off‑premises outdoor advertising sign.
(a) Requirements. Any off‑premises outdoor advertising sign for which there is in effect a valid permit issued by the Department of Transportation pursuant to this Article shall be authorized to be relocated and reconstructed subject to all of the requirements listed in subdivisions (1) through (3) of this subsection.
(1) The new site for relocation shall be any area within 660 feet of the nearest edge of the right‑of‑way of a highway on the National System of Interstate and Defense Highways or the federal‑aid primary highway system (i) within the same zoning jurisdiction or (ii) within the same city or county limits if the off‑premises outdoor advertising sign was located in an unzoned area.
(2) Except as provided in subsection (c) of this section, the off‑premises outdoor advertising sign at the relocated site shall conform with customary use (i) in areas zoned commercial or industrial under authority of State law or (ii) if the relocated site is unzoned in unzoned commercial or industrial areas. The new site for relocation shall not be within an historic district lawfully established by a city or county government pursuant to Part 3C of Article 19 of Chapter 160A of the General Statutes, unless consented to by a resolution adopted by the applicable local governing board.
(3) The construction work related to the relocation of the off‑premises outdoor advertising sign at the new location shall commence within one year after the date of removal.
(b) Vegetation Removal. A new site for relocation shall not be denied by the Department of Transportation due to the presence of vegetation obstructing the visibility of the outdoor advertising sign from the viewing zone. Notwithstanding any law to the contrary, the owner or operator of the off‑premises outdoor advertising sign shall be authorized to improve the visibility of the sign by removing any vegetation (i) on private property upon receiving written consent of the landowner and (ii) on the right‑of‑way of the interstate and primary systems of the State pursuant to a selective vegetation removal permit issued under this Article. A city or county shall not enforce any ordinance or regulation in conflict with the rights set forth herein or to otherwise cause the withholding of consent by the landowner.
(c) Customary Use Exception. Any off‑premises outdoor advertising sign that is legally existing but would not be conforming to customary use if relocated on the same sign location or site may still be relocated on the same sign location or site, subject to the following requirements:
(1) The structural members of the sign at the relocated site are of like material.
(2) The size of the sign face or faces are not increased.
(3) The height of the sign at the relocated site does not exceed 50 feet measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main‑traveled way.
(4) The relocation on the same sign location or site is not denied by the Federal Highway Administrator or such other federal official delegated the responsibility for enforcing the federal‑State agreement referenced in the definition of customary use in G.S. 136‑128."
SECTION 10.(b) This section is effective when it becomes law and applies to off‑premises outdoor advertising signs removed on or after January 1, 2014. For any off‑premises outdoor advertising sign removed on or after January 1, 2014, but prior to the date this section becomes effective, construction work on relocation in accordance with G.S. 136‑131.3(a), as enacted by this section, shall commence within one year of the date this section becomes effective.
SECTION 11.(a) G.S. 136‑133 reads as rewritten:
"§ 136‑133. Permits required.
(a) No person shall erect or
maintain any outdoor advertising within 660 feet of the nearest edge of the
right‑of‑way of the interstate or primary highway system, except
those allowed under G.S. 136‑129, subdivisions (2) and (3) in this
Article, or beyond 660 feet of the nearest edge of the right‑of‑way
of the interstate or primary highway system, except those allowed under
G.S. 136‑129.1, subdivisions (2) and (3), without first obtaining a
permit from the Department of Transportation or its agents pursuant to the
procedures set out by rules adopted by the Department of Transportation. The
permit shall be valid until revoked for nonconformance with this Article or
rules adopted by the Department of Transportation. Any person aggrieved by the
decision of the Department of Transportation or its agents in refusing to grant
or in revoking a permit may appeal the decision in accordance with the rules
adopted by the Department of Transportation pursuant to this Article to the
Secretary of Transportation who shall make the final decision on the agency
appeal.to affirm or reject the appeal within 90 days after the Secretary
receives the agency appeal. Failure to provide written notice to the aggrieved
party of the Secretary's decision to affirm or reject the agency appeal within
the 90‑day period shall result in the appeal being affirmed, entitling
the aggrieved party to issuance of the outdoor advertising permit or reversal
of the Department of Transportation's decision to revoke.
(a1) The Department of Transportation shall have the
authority to charge permit fees to defray the costs of administering the permit
procedures under this Article. The fees for directional signs as set forth in
G.S. 136‑129(1) and G.S. 136‑129.1(1) shall not exceed a
forty dollar ($40.00) initial fee and a thirty dollar ($30.00) annual renewal
fee. The fees for outdoor advertising structures, as set forth in G.S. 136‑129(4)
and (5) shall not exceed a one hundred twenty dollar ($120.00) two‑hundred‑forty‑dollar
($240.00) initial fee and fee, a sixty dollar ($60.00) seventy‑five‑dollar
($75.00) annual renewal fee.fee, and a two‑hundred‑forty‑dollar
($240.00) fee for an addendum to an existing outdoor advertising permit for (i)
relocating outdoor advertising beyond the existing sign location or site where the
outdoor advertising was located immediately prior to the relocation or (ii) altering
or reconstructing to a changeable message sign, in accordance with G.S. 136‑131.2.
(c) No electrical or building permit shall be denied to an outdoor advertising sign described in G.S. 136‑129(4) and G.S. 136‑129(5) for which the Department has issued a permit which has not been revoked, and the electrical or building permit is otherwise compliant with technical utility or building code standards. No building permit or local building inspection authorized under Chapter 153A or 160A of the General Statutes shall be required for off‑premises advertising if the proposed construction is evaluated by a professional engineer, acting within the scope of the engineer's authority, and the construction is certified by the engineer as being in compliance with the State Building Code.
(d) The Department of Transportation shall not require additional permits, nor revoke any existing permits, for any action taken pursuant to G.S. 136‑131.2 or G.S. 136‑131.3. The Department of Transportation may require an addendum to an existing permit stating the changes to the conditions of the outdoor advertising sign within 30 days of the completion of any action taken pursuant to G.S. 136‑131.2 or G.S. 136‑131.3.
(e) The rights set forth in G.S. 136‑131.2 shall attach to a permit issued by the Department of Transportation and shall expire with the voluntary cancellation of the permit or after the permit has been lawfully revoked and any appeals pursuant to G.S. 136‑134.1 have been exhausted. The rights set forth in G.S. 136‑131.2 shall not run with the land.
(f) The permit issued by the Department and all rights associated with it, including the right to relocate the off‑premises outdoor advertising under G.S. 136‑131.3, may be assigned."
SECTION 11.(b) G.S. 136‑133(a), as amended by this section, is effective when it becomes law and applies to appeals filed on or after that date. G.S. 136‑133(a1), as enacted by this section, is effective when it becomes law and applies to permits issued on or after that date. The remainder of this section is effective when it becomes law.
SECTION 12. G.S. 136‑133.1 reads as rewritten:
"§ 136‑133.1. Outdoor advertising vegetation cutting or removal.
(b) Vegetation permitted to
be cut, thinned, pruned, or removed shall be defined as any tree, shrub, or
underbrush within the zone created by points A, B, D, and E. Any existing tree
that was in existence at the time that an outdoor advertising structure was erected
shall only be eligible for removal in accordance with subsections (c), (d), and
(e) of this section. NativeTo the extent possible, native
dogwoods and native redbuds shall be preserved. A selective vegetation
removal permittee may relocate, and replace if necessary, any native dogwoods
or native redbuds existing within the cut or removal zone established in
subsection (a) of this section to a location within 2,500 feet on either side
of the outdoor advertising structure, as measured along the edge of the
pavement of the main travel way of the nearest controlled route. If a native
dogwood or native redbud cannot be preserved during relocation, a selective
vegetation removal permittee shall replace the native dogwood or native redbud
with the same species of any quantity that total the same caliper inches. For
the purposes of this section, an existing tree is defined as a tree that had a
diameter of four inches or greater as measured six inches from the ground at
the time that the outdoor advertising structure was erected. An outdoor
advertising sign is considered erected when the sign is completely constructed
with a sign face.
."
SECTION 13. G.S. 136‑133.2 reads as rewritten:
"§ 136‑133.2. Issuance or denial of a selective vegetation removal permit.
(a) Except as provided in subsection (b) of this
section and G.S. 136‑133.1(g), permits to remove vegetation may
be granted for off‑premises outdoor advertising locations that
have been permitted for at least two years one year prior to the
date of application. The Department shall approve or deny an application
submitted pursuant to this section, including the fee required by G.S. 136‑18.7
and all required documentation, within 30 days of the receipt of an application
for a selective vegetation removal permit. If written notice of approval or
denial is not given to the applicant within the 30‑day period, then the
application shall be deemed approved. If the application is denied, the
Department shall advise the applicant, in writing, by registered or certified
mail, return receipt requested, addressed to the party to be noticed, and
delivering to the addressee, the reasons for the denial.
(b) Notwithstanding the one‑year period required in subsection (a) of this section, permits to remove vegetation may be granted for off‑premises outdoor advertising locations (i) where outdoor advertising has been relocated as allowed by law and (ii) that otherwise comply with the requirements of this section and rules adopted by the Department in accordance with this section."
SECTION 14.(a) G.S. 136‑133.5 reads as rewritten:
"§ 136‑133.5. Denial of a permit for proposed outdoor advertising.
(d) The Except for
relocations authorized under G.S. 136‑131.3, the Department
shall not issue permits for new outdoor advertising signs at a sign location
where existing trees, if they were to reach the average mature size for that
species, would make the proposed sign faces, when erected, not completely
visible from the viewing zone. "Existing trees" are those trees that
at the time of the permit application are four inches or greater in diameter as
measured six inches from the ground. "Viewing zone" means the area
which is 500 feet as measured along the edge of the main travel way of the
controlled route on each side of the proposed sign structure which will have a
sign face.
."
SECTION 14.(b) This section is effective when it becomes law and applies to off‑premises outdoor advertising signs relocated on or after that date.
SECTION 15.(a) G.S. 136‑133.5, as amended by Section 14 of this act, reads as rewritten:
"§ 136‑133.5. Denial of a permit for proposed outdoor advertising.
(e) An outdoor advertising
permit requested pursuant to G.S. 136‑129(a)(4) G.S. 136‑129(4)
shall not be issued to a location if the zoning to commercial or industrial
zones was adopted within one year prior to the filing of the permit application
and is not part of comprehensive zoning or constitutes spot zoning, which, for
purposes of this subsection, shall be defined as zoning designed primarily for
the purpose of permitting outdoor advertising signs and in an area which would
not normally permit outdoor advertising. Zoning shall not be considered
"primarily for the purpose of permitting outdoor advertising signs"
if the zoning would permit more than one principal commercial or industrial
use, other than outdoor advertising, and the size of the land being zoned can
practically support any one of the commercial or industrial uses.
(h) The Department shall approve or deny an application for a permit for a new outdoor advertising sign within 30 days of the receipt of an application, including any fee required by G.S. 136‑133 and any other required documentation. Failure to provide written notice to the applicant of the Department's decision to approve or deny the application within the 30‑day period shall result in the permit being automatically approved, entitling the applicant to issuance of the permit for a new outdoor advertising structure."
SECTION 15.(b) This section is effective when it becomes law and applies to applications received on or after that date.
SECTION 16.(a) G.S. 136‑134.2 reads as rewritten:
"§ 136‑134.2. Notification requirements.
(a) Notice of Application Denial or Nonconformance
of Structure. When the Department of Transportation notifies a permit
applicant, permit holder, or the owner of an outdoor advertising structure that
the application is denied, the permit revoked, denied or the
structure is in violation of this Article or rules issued pursuant to this
Article, it shall do so in writing by certified mail, return receipt requested,
and shall include a copy of this Article and all rules issued pursuant to this
Article.
(b) Notice of Revocation. At least 30 days prior to the effective date of a revocation of an outdoor advertising permit, the Department of Transportation shall provide notice of the impending revocation to the permit holder in accordance with the process set forth in subsection (a) of this section. Within that 30‑day period, the Department of Transportation shall allow the permit holder to cure the reason for revocation or provide information for the Department of Transportation to consider prior to the revocation. The Department of Transportation shall consider any information provided pursuant to this subsection prior to revocation of the relevant permit.
(c) Notice of Cancellation. Unless plainly and expressly waived in writing by the permit holder, and at least 30 days prior to the effective date of a cancellation of an outdoor advertising permit, the Department of Transportation shall provide notice of the impending cancellation to the permit holder in accordance with the process set forth in subsection (a) of this section.
(d) Tolling of Review Hearing. If the Department of Transportation fails to include a copy of this Article and the rules, the time period during which the permit applicant, permit holder, or owner of the outdoor advertising structure has to request a review hearing shall be tolled until the Department of Transportation provides the required materials."
SECTION 16.(b) This section is effective when it becomes law and applies to revocations and cancellations on or after that date.
SECTION 17.(a) G.S. 136‑138 reads as rewritten:
"§ 136‑138. Agreements with United States authorized.
The Department of Transportation is
authorized to enter into agreements with other governmental authorities the
United States government, or any department or agency thereof, relating
to the control of outdoor advertising in areas adjacent to the interstate and
primary highway systems, including the establishment of information centers and
safety rest areas, and to take action in the name of the State to comply with
the terms of the agreements. Any revisions to the agreement dated January 7,
1972, and entered into between the State and the United States Department of
Transportation to implement the provisions of the federal Highway Beautification
Act of 1965 shall require the approval of the General Assembly in order to be
effective. Notwithstanding any law to the contrary, the Department shall not
enter into any agreement or otherwise transfer or delegate the Department's
regulatory authority set forth in this Article to any other governmental
authority."
SECTION 17.(b) This section is effective when it becomes law and applies to revisions made on or after that date.
SECTION 18. G.S. 136‑18(9) is amended by adding a new sub‑subdivision to read:
"d. To the extent allowed by federal law, and as permitted by the local government or the designated authority, outdoor advertising on or within any transit shelter or rail or bus facility."
SECTION 19.(a) Article 11 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑140.2. Public notification plan.
(a) The Department of Transportation shall work together with owners of changeable message signs, the North Carolina Division of Emergency Management, the Department of Public Safety, the Secretary of State, the State Highway Patrol, the North Carolina Center for Missing Persons, the Federal Emergency Management Agency, and any other federal, State, or local agencies the Department of Transportation determines may be of assistance to develop a public notification plan for the purpose of using changeable message signs to display notifications to the traveling public related to public safety and emergencies. Public notifications include information about Silver Alerts, Amber Alerts, inclement weather, natural disasters, and other emergencies.
(b) The public notification plan established under subsection (a) of this section shall be in writing and shall, at a minimum, address all of the following:
(1) The criteria to be applied in determining when it is appropriate to request that an owner of a changeable message sign display a public notification.
(2) The procedures used to determine the expiration of a notification and to recall the request once the information is no longer needed."
SECTION 19.(b) This section becomes effective October 1, 2017.
SECTION 20. G.S. 87‑1(b) is amended by adding a new subdivision to read:
"(4) Any person engaged in the construction of outdoor advertising signs subject to Article 11 of Chapter 136 of the General Statutes."
SECTION 21.(a) G.S. 153A‑143 reads as rewritten:
"§ 153A‑143. Regulation of outdoor advertising.
(d) No county may enact or
amend enact, amend, or enforce an ordinance of general
applicability to require or regulation that causes or requires the
removal of any nonconforming, lawfully erected off‑premises outdoor
advertising sign without the payment of monetary compensation to the owners of
the off‑premises outdoor advertising, except as provided below. The
payment of monetary compensation is not required if:
(1) The county and the owner of the nonconforming off‑premises outdoor advertising enter into a relocation agreement pursuant to subsection (g) of this section.
(2) The county and the owner of the nonconforming off‑premises outdoor advertising enter into an agreement pursuant to subsection (k) of this section.
(3) The off‑premises outdoor advertising is determined to be a public nuisance or detrimental to the health or safety of the populace.
(4) The removal is required for establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. 153A‑274, and the county allows the off‑premises outdoor advertising to be relocated to a comparable location.
(5) The off‑premises outdoor advertising is subject to removal pursuant to statutes, ordinances or regulations generally applicable to the demolition or removal of damaged structures.
(d1) No county may condition the grant of any development approval on the removal of off‑premises outdoor advertising without the payment of monetary compensation as prescribed by this section. For purposes of this section, the term "development approval" includes approval for rezoning, variances, building permits, zoning permits, and permits authorized by quasi‑judicial proceedings.
(d2) Notwithstanding any provision of this section to the contrary, no county may enact, amend, or enforce an ordinance to prohibit the relocation and reconstruction of any off‑premises outdoor advertising sign (i) pursuant to G.S. 136‑131.3 or (ii) that meets the requirements set forth in subdivisions (1) through (3) of this subsection and the relocation and reconstruction was caused by a project authorized by law and undertaken by the State, a local government, or any other entity possessing the power of eminent domain. Building materials different from the materials used to initially construct an off‑premises outdoor advertising sign may be used to reconstruct the off‑premises outdoor advertising sign at the site of relocation. The right provided under this subsection to relocate off‑premises outdoor advertising may be assigned or conveyed by the permittee.
(1) The new site for relocation shall be within the same county's zoning jurisdiction in an area zoned commercial or industrial or, if unzoned, within the same county's territorial jurisdiction in an unzoned commercial or industrial area.
(2) The cumulative advertising surface area for the off‑premises outdoor advertising sign at the relocated site shall not be increased and no sign face shall exceed 672 square feet; provided, however, the size of a sign face or faces of another off‑premises outdoor advertising sign that is permanently taken down in the same county jurisdiction within 120 days of a sign being reconstructed may be combined to increase the cumulative advertising surface area of the reconstructed sign, not to exceed 672 square feet for any sign face.
(3) The height of the reconstructed off‑premises outdoor advertising sign shall not exceed 50 feet, as measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility of the sign, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main‑traveled way.
(e) Monetary compensation is
the fair market value of the off‑premises outdoor advertising in place
immediately prior to its removal removal, including consideration of
the value of (i) the off‑premises outdoor advertising owner's interest in
the real property on which the off‑premises outdoor advertising is
located, (ii) the off‑premises outdoor advertising sign structure, and
(iii) any rights, including permits, appurtenant to the off‑premises outdoor
advertising use, and without consideration of the effect of the ordinance
or any diminution in value caused by the ordinance requiring its removal.
Monetary compensation shall be determined based on:in accordance with
G.S. 136‑131.
(1) The factors listed in G.S. 105‑317.1(a);
and
(2) The listed property tax value of the property
and any documents regarding value submitted to the taxing authority.
(m) This section does not apply to any ordinance in
effect on the effective date of this section. A county may repeal or amend an ordinance
in effect on the effective date of this section so long as an amendment to the
existing ordinance does not reduce the period of amortization in effect on the
effective date of this section.
(n) The Except as specifically
provided otherwise in this section, the provisions of this section shall
not be used to interpret, construe, alter, or otherwise modify (i) the
exercise of the power of eminent domain by an entity pursuant to Chapter 40A or
Chapter 136 of the General Statutes.Statutes or (ii) the rights of off‑premises
outdoor advertising set forth in Article 11 of Chapter 136 of the General
Statutes.
."
SECTION 21.(b) G.S. 153A‑143(d2), as enacted by this section, is effective when it becomes law and applies to off‑premises outdoor advertising signs removed on or after January 1, 2014. G.S. 153A‑143(e), as amended by this section, is effective when it becomes law and applies to determinations of just compensation on or after that date. The remainder of this section is effective when it becomes law and applies to off‑premises outdoor advertising that has not been removed as of that date.
SECTION 22.(a) G.S. 160A‑199 reads as rewritten:
"§ 160A‑199. Regulation of outdoor advertising.
(d) No city may enact or
amend enact, amend, or enforce an ordinance of general
applicability to require or regulation that causes or requires the
removal of any nonconforming, lawfully erected off‑premises outdoor
advertising sign without the payment of monetary compensation to the owners of
the off‑premises outdoor advertising, except as provided below. The
payment of monetary compensation is not required if:
(1) The city and the owner of the nonconforming off‑premises outdoor advertising enter into a relocation agreement pursuant to subsection (g) of this section.
(2) The city and the owner of the nonconforming off‑premises outdoor advertising enter into an agreement pursuant to subsection (k) of this section.
(3) The off‑premises outdoor advertising is determined to be a public nuisance or detrimental to the health or safety of the populace.
(4) The removal is required for opening, widening, extending or improving streets or sidewalks, or for establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. 160A‑311, and the city allows the off‑premises outdoor advertising to be relocated to a comparable location.
(5) The off‑premises outdoor advertising is subject to removal pursuant to statutes, ordinances, or regulations generally applicable to the demolition or removal of damaged structures.
(d1) No city may condition the grant of any development approval on the removal of off‑premises outdoor advertising without the payment of monetary compensation as prescribed by this section. For purposes of this section, the term "development approval" includes approval for rezoning, variances, building permits, zoning permits, and permits authorized by quasi‑judicial proceedings.
(d2) Notwithstanding any provision of this section to the contrary, no city may enact, amend, or enforce an ordinance to prohibit the relocation and reconstruction of any off‑premises outdoor advertising sign (i) pursuant to G.S. 136‑131.3 or (ii) that meets the requirements set forth in subdivisions (1) through (3) of this subsection and the relocation and reconstruction was caused by a project authorized by law and undertaken by the State, a local government, or any other entity possessing the power of eminent domain. Building materials different from the materials used to initially construct an off‑premises outdoor advertising sign may be used to reconstruct the off‑premises outdoor advertising sign at the site of relocation. The right provided under this subsection to relocate off‑premises outdoor advertising may be assigned or conveyed by the permittee.
(1) The new site for relocation shall be within the same city's zoning jurisdiction in an area zoned commercial or industrial or, if unzoned, within the same city's corporate limits in an unzoned commercial or industrial area.
(2) The cumulative advertising surface area for the off‑premises outdoor advertising sign at the relocated site shall not be increased and no sign face shall exceed 672 square feet; provided, however, the size of a sign face or faces of another off‑premises outdoor advertising sign that is permanently taken down in the same city jurisdiction within 120 days of a sign being reconstructed may be combined to increase the cumulative advertising surface area of the reconstructed sign, not to exceed 672 square feet for any sign face.
(3) The height of the reconstructed off‑premises outdoor advertising sign shall not exceed 50 feet, as measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility of the sign, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main‑traveled way.
(e) Monetary compensation is
the fair market value of the off‑premises outdoor advertising in place
immediately prior to its removal removal, including consideration of
the value of (i) the off‑premises outdoor advertising owner's interest in
the real property on which the off‑premises outdoor advertising is
located, (ii) the off‑premises outdoor advertising sign structure, and
(iii) any rights, including permits, appurtenant to the off‑premises outdoor
advertising use, and without consideration of the effect of the ordinance
or any diminution in value caused by the ordinance requiring its removal.
Monetary compensation shall be determined based on:in accordance with
G.S. 136‑131.
(1) The factors listed in G.S. 105‑317.1(a);
and
(2) The listed property tax value of the property
and any documents regarding value submitted to the taxing authority.
(m) This section does not apply to any ordinance in
effect on the effective date of this section. A city may amend an ordinance in
effect on the effective date of this section to extend application of the
ordinance to off‑premises outdoor advertising located in territory
acquired by annexation or located in the extraterritorial jurisdiction of the
city. A city may repeal or amend an ordinance in effect on the effective date
of this section so long as the amendment to the existing ordinance does not
reduce the period of amortization in effect on the effective date of this
section.
(n) The Except as specifically
provided otherwise in this section, the provisions of this section shall
not be used to interpret, construe, alter or otherwise modify (i) the
exercise of the power of eminent domain by an entity pursuant to Chapter 40A or
Chapter 136 of the General Statutes.Statutes or (ii) the rights of off‑premises
outdoor advertising set forth in Article 11 of Chapter 136 of the General
Statutes.
."
SECTION 22.(b) G.S. 160A‑199(d2), as enacted by this section, is effective when it becomes law and applies to off‑premises outdoor advertising signs removed on or after January 1, 2014. G.S. 160A‑199(e), as amended by this section, is effective when it becomes law and applies to determinations of just compensation on or after that date. The remainder of this section is effective when it becomes law and applies to off‑premises outdoor advertising that has not been removed as of that date.
SECTION 23. Notwithstanding any provision of Article 2A of Chapter 150B of the General Statutes, no later than six months after the effective date of this act, the Department of Transportation shall adopt rules to implement the provisions of this act. The Department of Transportation shall use the following procedure to adopt rules to implement the provisions of this act:
(1) At least 15 business days prior to adopting a rule, submit the rule and a notice of public hearing to the Codifier of Rules. The Codifier of Rules shall publish the proposed rule and the notice of public hearing on the Internet within five business days.
(2) At least 15 business days prior to adopting a rule, notify persons on the mailing list maintained pursuant to G.S. 150B‑21.2(d) and any other interested parties of the Department of Transportation's intent to adopt a rule and of the public hearing.
(3) Accept written comments on the proposed rule for at least 15 business days prior to adoption of the rule.
(4) Hold at least one public hearing on the proposed rule no less than five days after the rule and notice have been published.
A rule adopted in accordance with this section becomes effective on the first day of the month following the month the Department of Transportation adopts the rule and submits the rule to the Codifier of Rules for entry into the North Carolina Administrative Code. Any rule adopted more than six months after the effective date of this act shall comply with the requirement of Article 2A of Chapter 150B of the General Statutes.
SECTION 24. Any rule or policy adopted by the Department of Transportation that does not comply with the provisions of this act shall be null, void, and without effect.
SECTION 25. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or applications, and to this end, the provisions of this act are severable.
SECTION 26. Except as otherwise provided, this act is effective when it becomes law.
