H.B. 352

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 9, 2007 at 11:32 AM by jeyring. --> 1

LOCAL GOVERNMENT REGULATION OF
2 BILLBOARDS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Melvin R. Brown
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use development and management
11 provisions relating to billboards.
12 Highlighted Provisions:
13 This bill:
14 . provides that a county or municipality is considered to have initiated the acquisition
15 of a billboard structure by eminent domain if the county or municipality prevents a
16 billboard owner from structurally modifying or upgrading a billboard or relocating a
17 billboard to another specified location;
18 . provides that a relocated billboard may be erected to a certain height and angle; and
19 . clarifies a provision allowing for a county or municipal issued billboard permit to
20 remain valid until a period after a required state permit is issued.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides an immediate effective date.
25 Utah Code Sections Affected:
26 AMENDS:
27 10-9a-513, as enacted by Chapter 254, Laws of Utah 2005

28 17-27a-512, as enacted by Chapter 254, Laws of Utah 2005
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 10-9a-513 is amended to read:
32 10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removal
33 without providing compensation -- Limit on allowing nonconforming billboards to be
34 rebuilt.
35 (1) (a) A municipality is considered to have initiated the acquisition of a billboard
36 structure by eminent domain if the municipality prevents a billboard owner from:
37 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
38 by casualty, an act of God, or vandalism; [or]
39 (ii) except as provided in Subsection (1)(b), relocating or rebuilding a billboard
40 structure, or taking other measures, to correct a mistake in the placement or erection of a
41 billboard for which the municipality has issued a permit, if the proposed relocation, rebuilding,
42 or other measure is consistent with the intent of that permit[.];
43 (iii) structurally modifying or upgrading a billboard; or
44 (iv) relocating a billboard within the municipality's boundaries into any commercial,
45 industrial, or manufacturing zone:
46 (A) on the same property;
47 (B) on adjacent property; or
48 (C) within 5,240 feet of the previous location.
49 (b) H. [ A relocated ] A billboard owner relocating the .H billboard under
49a Subsection (1)(a)(iv):
50 (i) may H. [ be erected ] , as the owner determines:
50a (A) erect the billboard:
50b (I) to at least the same height as the previous use or structure; and
50c (II) .H to a height and angle to make it clearly visible to traffic on the main
51 traveled way of the street or highway on which the billboard is located; and
51a H. (B) install a sign face on the billboard that is at least the same size as, but no larger
51b than, the sign face on the billboard before its relocation; and .H
52 (ii) H. [ notwithstanding Subsection (1)(b)(i), may not exceed the height permitted under ]
52a shall comply with .H
53 Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act H. , to the extent applicable .H .
54 [(b)] (c) A municipality's denial of a billboard owner's request to relocate or rebuild a
55 billboard structure, or to take other measures, in order to correct a mistake in the placement or
56 erection of a billboard does not constitute the initiation of acquisition by eminent domain under
57 Subsection (1)(a) if the mistake in placement or erection of the billboard is determined by clear
58 and convincing evidence to have resulted from an intentionally false or misleading statement:

59 (i) by the billboard applicant in the application; and
60 (ii) regarding the placement or erection of the billboard.
61 (2) Notwithstanding Subsection (1) and Section 10-9a-512 , a municipality may remove
62 a billboard without providing compensation if:
63 (a) the municipality determines:
64 (i) by clear and convincing evidence that the applicant for a permit intentionally made a
65 false or misleading statement in the applicant's application regarding the placement or erection
66 of the billboard; or
67 (ii) by substantial evidence that the billboard:
68 (A) is structurally unsafe;
69 (B) is in an unreasonable state of repair; or
70 (C) has been abandoned for at least 12 months;
71 (b) the municipality notifies the owner in writing that the owner's billboard meets one
72 or more of the conditions listed in Subsections (2)(a)(i) and (ii);
73 (c) the owner fails to remedy the condition or conditions within:
74 (i) except as provided in Subsection (2)(c)(ii), 90 days following the billboard owner's
75 receipt of written notice under Subsection (2)(b); or
76 (ii) if the condition forming the basis of the municipality's intention to remove the
77 billboard is that it is structurally unsafe, ten business days, or a longer period if necessary
78 because of a natural disaster, following the billboard owner's receipt of written notice under
79 Subsection (2)(b); and
80 (d) following the expiration of the applicable period under Subsection (2)(c) and after
81 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
82 the municipality finds:
83 (i) by clear and convincing evidence, that the applicant for a permit intentionally made
84 a false or misleading statement in the application regarding the placement or erection of the
85 billboard; or
86 (ii) by substantial evidence that the billboard is structurally unsafe, is in an
87 unreasonable state of repair, or has been abandoned for at least 12 months.
88 (3) A municipality may not allow a nonconforming billboard to be rebuilt or replaced
89 by anyone other than its owner or the owner acting through its contractors.

90 (4) A permit issued, extended, or renewed by a municipality for a billboard remains
91 valid [for a period of] from the time the municipality issues, extends, or renews the permit until
92 180 days after a required state permit is issued for the billboard if:
93 (a) the billboard requires a state permit; and
94 (b) an application for the state permit is filed within 30 days after the municipality
95 issues, extends, or renews a permit for the billboard.
96 Section 2. Section 17-27a-512 is amended to read:
97 17-27a-512. County's acquisition of billboard by eminent domain -- Removal
98 without providing compensation -- Limit on allowing nonconforming billboard to be
99 rebuilt.
100 (1) (a) A county is considered to have initiated the acquisition of a billboard structure
101 by eminent domain if the county prevents a billboard owner from:
102 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
103 by casualty, an act of God, or vandalism; [or]
104 (ii) except as provided in Subsection (1)(b), relocating or rebuilding a billboard
105 structure, or taking other measures, to correct a mistake in the placement or erection of a
106 billboard for which the county has issued a permit, if the proposed relocation, rebuilding, or
107 other measure is consistent with the intent of that permit[.];
108 (iii) structurally modifying or upgrading a billboard; or
109 (iv) relocating a billboard within the county's unincorporated area into any commercial,
110 industrial, or manufacturing zone:
111 (A) on the same property;
112 (B) on adjacent property; or
113 (C) within 5,240 feet of the previous location.
114 (b) H. [ A relocated ] A billboard owner relocating the .H billboard under
114a Subsection (1)(a)(iv):
115 (i) may H. [ be erected ] , as the owner determines:
115a (A) erect the billboard:
115b (I) to at least the same height as the previous use or structure; and
115c (II) .H to a height and angle to make it clearly visible to traffic on the main
116 traveled way of the street or highway on which the billboard is located; and
116a H. (B) install a sign face on the billboard that is at least the same size as, but no larger
116b than, the sign face on the billboard before its relocation; and .H
117 (ii) H. [ notwithstanding Subsection (1)(b)(i), may not exceed the height permitted
117a under ] shall comply with .H
118 Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act H. to the extent applicable .H .
119 (b) A county's denial of a billboard owner's request to relocate or rebuild a billboard
120 structure, or to take other measures, in order to correct a mistake in the placement or erection of

121 a billboard does not constitute the initiation of acquisition by eminent domain under Subsection
122 (1)(a) if the mistake in placement or erection of the billboard is determined by clear and
123 convincing evidence to have resulted from an intentionally false or misleading statement:
124 (i) by the billboard applicant in the application; and
125 (ii) regarding the placement or erection of the billboard.
126 (2) Notwithstanding Subsection (1) and Section 17-27a-511 , a county may remove a
127 billboard without providing compensation if:
128 (a) the county determines:
129 (i) by clear and convincing evidence that the applicant for a permit intentionally made a
130 false or misleading statement in the applicant's application regarding the placement or erection
131 of the billboard; or
132 (ii) by substantial evidence that the billboard:
133 (A) is structurally unsafe;
134 (B) is in an unreasonable state of repair; or
135 (C) has been abandoned for at least 12 months;
136 (b) the county notifies the owner in writing that the owner's billboard meets one or
137 more of the conditions listed in Subsections (2)(a)(i) and (ii);
138 (c) the owner fails to remedy the condition or conditions within:
139 (i) except as provided in Subsection (2)(c)(ii), 90 days following the billboard owner's
140 receipt of written notice under Subsection (2)(b); or
141 (ii) if the condition forming the basis of the county's intention to remove the billboard
142 is that it is structurally unsafe, ten business days, or a longer period if necessary because of a
143 natural disaster, following the billboard owner's receipt of written notice under Subsection
144 (2)(b); and
145 (d) following the expiration of the applicable period under Subsection (2)(c) and after
146 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
147 the county finds:
148 (i) by clear and convincing evidence, that the applicant for a permit intentionally made
149 a false or misleading statement in the application regarding the placement or erection of the
150 billboard; or
151 (ii) by substantial evidence that the billboard is structurally unsafe, is in an

152 unreasonable state of repair, or has been abandoned for at least 12 months.
153 (3) A county may not allow a nonconforming billboard to be rebuilt or replaced by
154 anyone other than its owner or the owner acting through its contractors.
155 (4) A permit issued, extended, or renewed by a [municipality] county for a billboard
156 remains valid [for a period of] from the time the county issues, extends, or renews the permit
157 until 180 days after a required state permit is issued for the billboard if:
158 (a) the billboard requires a state permit; and
159 (b) an application for the state permit is filed within 30 days after the [municipality]
160 county issues, extends, or renews a permit for the billboard.
161 Section 3. Effective date.
162 If approved by two-thirds of all the members elected to each house, this bill takes effect
163 upon approval by the governor, or the day following the constitutional time limit of Utah
164 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
165 the date of veto override.




Legislative Review Note
as of 1-19-07 11:01 AM

Office of Legislative Research and General Counsel