S.B. 14

1

OUTDOOR ADVERTISING AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: L. Alma Mansell
5 AN ACT RELATING TO HIGHWAYS; AMENDING THE REGULATION OF OUTDOOR
6 ADVERTISING; LIMITING THE AUTHORITY OF LOCAL GOVERNMENTS RELATING
7 TO EXISTING OUTDOOR ADVERTISING USES; AMENDING DEFINITIONS;
8 REQUIRING THE DEPARTMENT OF TRANSPORTATION TO MAKE RULES TO
9 ESTABLISH A FOLIAGE CONTROL PROGRAM RELATED TO OUTDOOR
10 ADVERTISING; PROVIDING FOR THE RELOCATION OF CERTAIN OUTDOOR
11 ADVERTISING; AND MAKING TECHNICAL CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 27-12-136.2, as last amended by Chapter 61, Laws of Utah 1971
15 27-12-136.3, as last amended by Chapter 12, Laws of Utah 1994
16 27-12-136.5, as last amended by Chapter 137, Laws of Utah 1991
17 27-12-136.6, as last amended by Chapter 120, Laws of Utah 1994
18 27-12-136.7, as last amended by Chapter 120, Laws of Utah 1994
19 27-12-136.9, as last amended by Chapter 300, Laws of Utah 1990
20 27-12-136.10, as last amended by Chapter 30, Laws of Utah 1992
21 27-12-136.11, as last amended by Chapter 30, Laws of Utah 1992
22 ENACTS:
23 10-9-409, Utah Code Annotated 1953
24 17-27-408, Utah Code Annotated 1953
25 27-12-136.14, Utah Code Annotated 1953
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-9-409 is enacted to read:

1 10-9-409. Existing outdoor advertising uses.
2 A municipality may not require an owner or possessor of property to waive the right to
3 continue an existing outdoor advertising use or structure as a condition for a permit or for any
4 approval to waive the right to continue that use or structure without:
5 (1) acquiring the use or structure by purchase or condemnation with just compensation;
6 or
7 (2) relocating the use or structure to another site in the municipality under the following
8 conditions:
9 (a) the new site has a comparable vehicular traffic count, a similar zoning classification,
10 and is acceptable to the owner;
11 (b) the new use or structure is at least the same size and height as the existing use or
12 structure; and
13 (c) the municipality pays any costs of removing the existing use or structure and
14 constructing the new use or structure.
15 Section 2. Section 17-27-409 is enacted to read:
16 17-27-409. Existing outdoor advertising uses.
17 A county may not require an owner or possessor of property to waive the right to continue
18 an existing outdoor advertising use or structure as a condition for a permit or for any approval to
19 waive the right to continue that use or structure without:
20 (1) acquiring the use or structure by purchase or condemnation with just compensation;
21 or
22 (2) relocating the use or structure to another site in the county under the following
23 conditions:
24 (a) the new site has a comparable vehicular traffic count, a similar zoning classification,
25 and is acceptable to the owner;
26 (b) the new use or structure is at least the same size and height as the existing use or
27 structure; and
28 (c) the county pays any costs of removing the existing use or structure and constructing
29 the new use or structure.
30 Section 3. Section 27-12-136.2 is amended to read:
31 27-12-136.2. Purpose of act.

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1 The purpose of this act is to provide the statutory basis for the regulation of outdoor
2 advertising consistent with zoning principles and standards and the public policy of this state in
3 providing public safety, health, welfare, convenience and enjoyment of public travel, to protect
4 the public investment in [such] highways, to preserve the natural scenic beauty of lands bordering
5 on [such] highways, and to ensure that outdoor advertising shall be continued as a standardized
6 medium of communication throughout the state so that it is preserved as it presently exists and can
7 continue to provide general information in the specific interest of the traveling public [is presented]
8 safely and effectively, recognizing that both the convenience of travel and the interests of the
9 economy as a whole require a freedom to advertise.
10 It is the purpose of this act to provide a statutory basis for the reasonable regulation, but
11 not the prohibition, of outdoor advertising consistent with the customary use, zoning principles
12 and standards, the protection of private property rights, and the public policy relating to areas
13 adjacent to the interstate, federal aid primary highway existing as of June 1, 1991, national
14 highway, and state highway systems.
15 The agreement entered into between the governor of the state of Utah and the Secretary of
16 Transportation of the United States dated January 18, 1968, regarding the size, lighting, and
17 spacing of outdoor advertising which may be erected and maintained within areas adjacent to the
18 interstate [and primary], federal aid primary highway existing as of June 1, 1991, national
19 highway, and state highway systems which are zoned commercial or industrial or in [such] other
20 unzoned commercial or industrial areas as defined pursuant to the terms of [such] the agreement
21 is hereby ratified and approved.
22 Section 4. Section 27-12-136.3 is amended to read:
23 27-12-136.3. Definitions.
24 As used in this chapter:
25 (1) "Commercial or industrial activities" means those activities generally recognized as
26 commercial or industrial by zoning authorities in this state, except that none of the following are
27 commercial or industrial activities:
28 (a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh
29 produce stands;
30 (b) transient or temporary activities;
31 (c) activities not visible from the main-traveled way;

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1 (d) activities conducted in a building principally used as a residence; and
2 (e) railroad tracks and minor sidings.
3 (2) "Commercial or industrial zone" means only:
4 (a) those areas within the boundaries of cities or towns that are used or reserved for
5 business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
6 or comprehensive local zoning ordinances or regulations;
7 (b) those areas within the boundaries of urbanized counties that are used or reserved for
8 business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
9 or comprehensive local zoning ordinances or regulations;
10 (c) those areas outside the boundaries of urbanized counties and outside the boundaries
11 of cities and towns that:
12 (i) are used or reserved for business, commerce, or trade, or zoned as a highway service
13 zone, under comprehensive local zoning ordinances or regulations or enabling state legislation;
14 and
15 (ii) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
16 from the nearest point of the beginning or ending of the pavement widening at the exit from or
17 entrance to the main-traveled way; or
18 (d) those areas outside the boundaries of urbanized counties and outside the boundaries
19 of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as
20 measured from the nearest point of the beginning or ending of the pavement widening at the exit
21 from or entrance to the main-traveled way that are reserved for business, commerce, or trade under
22 enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually
23 used for commercial or industrial purposes.
24 (3) "Commercial or industrial zone" does not mean areas zoned for the [primary] sole
25 purpose of allowing outdoor advertising.
26 (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
27 comprehensive plan required by Section 10-9-301, the municipal zoning plan authorized by
28 Section 10-9-401, and the county master plan authorized by Sections 17-27-301 and 17-27-401.
29 Property that is rezoned by comprehensive local zoning ordinances or regulations is presumed to
30 have not been zoned for the sole purpose of allowing outdoor advertising.
31 (5) "Department" means the Department of Transportation.

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1 (6) "Directional signs" means signs containing information about public places owned or
2 operated by federal, state, or local governments or their agencies, publicly or privately owned
3 natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural
4 scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the
5 interest of the traveling public.
6 (7) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,
7 draw, or in any other way bring into being.
8 (b) "Erect" does not include any activities defined in Subsection (a) if they are performed
9 incident to the change of an advertising message or customary maintenance of a sign.
10 (8) "Highway service zone" means a highway service area where the primary use of the
11 land is used or reserved for commercial and roadside services other than outdoor advertising to
12 serve the traveling public.
13 (9) "Information center" means an area or site established and maintained at rest areas for
14 the purpose of informing the public of:
15 (a) places of interest within the state; or
16 (b) any other information that the department considers desirable.
17 (10) "Interchange or intersection" means those areas and their approaches where traffic
18 is channeled off or onto an interstate route, including the deacceleration lanes or acceleration lanes
19 from or to another federal, state, county, city, or other route.
20 (11) "Interstate system" means that portion of the national defense system of interstate and
21 defense highways located within this state officially designated by the department and approved
22 by the United States Secretary of Transportation under Title 23, United States Code.
23 (12) "Maintain" means to allow to exist, subject to the provisions of this chapter.
24 (13) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign
25 structure in a state suitable for use, including signs destroyed by vandalism or an act of God.
26 (14) "Main-traveled way" means the through traffic lanes exclusive of frontage roads,
27 auxiliary lanes, and ramps. For a divided highway, there is a separate main-traveled way for the
28 traffic in each direction.
29 (15) "Official signs and notices" means signs and notices erected and maintained by public
30 agencies within their territorial or zoning jurisdictions for the purpose of carrying out official
31 duties or responsibilities in accordance with direction or authorization contained in federal, state,

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1 or local law.
2 (16) "Off-premise signs" means signs located in areas zoned industrial, commercial, or
3 H-1 and in areas determined by the department to be unzoned industrial or commercial.
4 (17) "On-premise signs" means signs used to advertise the major activities conducted on
5 the property where the sign is located.
6 (18) "Outdoor advertising" [or "outdoor signs" or "sign"] means any outdoor advertising
7 structure[,] [display, light device, figure, painting, drawing, message, plaque, poster, billboard, or
8 other thing designed, intended, or used to advertise or inform] or outdoor structure used in
9 combination with an outdoor advertising sign or outdoor sign.
10 (19) [(a)] "Outdoor advertising corridor" means[: (i)] a strip of land [100] 350 feet wide,
11 measured perpendicular from the edge of a controlled highway right-of-way[; or].
12 [(ii) where there is a natural or created usage consisting of a frontage road, city street,
13 county road, controlled or not controlled service road, railroad track, utility easement, or water
14 course running parallel or approximately parallel and contiguous to the controlled highway, the
15 width of the corridor shall extend further to a line 100 feet from the edge of the usage.]
16 [(b) The width of the outdoor advertising corridor may not exceed 350 feet measured from
17 the edge of the controlled highway right-of-way.]
18 (20) "Outdoor advertising structure" or "outdoor structure" means any structure, including
19 any necessary devices, supports, appurtenances, and lighting that is part of or supports an outdoor
20 sign.
21 (21) "Point of widening" means the painted nose, the point of the gore, or the point where
22 the intersecting lane begins to parallel the other lanes of traffic, but the point of widening may
23 never be greater than 2,640 feet from the center line of the intersecting highway of the interchange
24 or intersection at grade.
25 [(20)] (22) "Primary system" means that portion of connected main highways located
26 within this state officially designated by the department and approved by the United States
27 Secretary of Transportation under Title 23, United States Code.
28 (23) "Relocation" includes the removal of a sign from one situs together with the erection
29 of a new sign upon another situs as a substitute.
30 (24) "Relocation and replacement" means allowing all outdoor advertising signs or permits
31 for the right to maintain outdoor advertising for outdoor advertising signs along the interstate,

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1 federal aid primary highway existing as of June 1, 1991, national highway, and state highway
2 systems to be maintained regardless of the need for their removal to accommodate the
3 displacement, remodeling, or widening one of the highway systems.
4 (25) "Remodel" means the upgrading, changing, alteration, refurbishment, modification,
5 or complete substitution of a new outdoor advertising structure for one permitted pursuant to this
6 act.
7 [(21)] (26) "Rest area" means an area or site established and maintained within or adjacent
8 to the right-of-way by or under public supervision or control for the convenience of the traveling
9 public.
10 [(22)] (27) "Scenic or natural area" means an area determined by the department to have
11 aesthetic value.
12 [(23)] (28) "Traveled way" means that portion of the roadway used for the movement of
13 vehicles, exclusive of shoulders and auxiliary lanes.
14 [(24)] (29) (a) "Unzoned commercial or industrial area" means:
15 (i) those areas not zoned by state law or local law, regulation, or ordinance that are
16 occupied by one or more industrial or commercial activities other than outdoor advertising signs;
17 (ii) the lands along the highway for a distance of 600 feet immediately adjacent to those
18 activities; and
19 (iii) lands covering the same dimensions that are directly opposite those activities on the
20 other side of the highway, if the department determines that those lands on the opposite side of the
21 highway do not have scenic or aesthetic value.
22 (b) In measuring the scope of the unzoned commercial or industrial area, all measurements
23 shall be made from the outer edge of the regularly used buildings, parking lots, storage, or
24 processing areas of the activities and shall be along or parallel to the edge of pavement of the
25 highway.
26 (c) All signs located within an unzoned commercial or industrial area become
27 nonconforming if the commercial or industrial activity used in defining the area ceases for a
28 continuous period of 12 months.
29 [(25)] (30) "Urbanized county" means a county with a population of at least 125,000
30 persons.
31 Section 5. Section 27-12-136.5 is amended to read:

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1 27-12-136.5. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
2 Limit on implementation.
3 [(1) Sign size:]
4 (1) (a) [No] Except as provided in Subsection (2), a sign face within the state [shall] may
5 not exceed the following limits:
6 (i) maximum area - 1,000 square feet;
7 (ii) maximum length - 60 feet; and
8 (iii) maximum height - 25 feet.
9 (b) No more than two facings visible and readable from the same direction on the
10 main-traveled way may be erected on any one sign structure. Whenever two facings are so
11 positioned, neither shall exceed 325 square feet.
12 (c) Double-faced, back-to-back, and V-type signs are permitted as a single sign or structure
13 if both faces enjoy common ownership.
14 [(2) Sign spacing:]
15 (2) (a) An outdoor sign structure located outside an incorporated municipality and urban
16 area may have a maximum height of 65 feet above the ground or 25 feet above the grade of the
17 main traveled way, whichever is greater.
18 (b) An outdoor sign structure located inside an incorporated municipality or urban area
19 may have the maximum height allowed by the municipality for the commercial or industrial zone
20 in which the sign is located. If no maximum height is provided for the location, the maximum
21 height may be 85 feet above the ground or 25 feet above the grade of the main traveled way,
22 whichever is greater.
23 (3) Except as provided in Section 27-12-136.10:
24 (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
25 27-12-136.4(1) or in H-1 zones shall not be closer than 500 feet to an existing off-premise sign
26 adjacent to an interstate highway or limited access primary highway, except that signs may be
27 erected closer than 500 feet if the signs on the same side of the interstate highway or limited access
28 primary highway are not simultaneously visible.
29 (b) Signs may not be located within 500 feet of any of the following which are adjacent
30 to the highway, unless the signs are in an incorporated area:
31 (i) public parks;

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1 (ii) public forests;
2 (iii) public playgrounds;
3 (iv) areas designated as scenic areas by the department or other state agency having and
4 exercising this authority; or
5 (v) cemeteries.
6 (c) (i) (A) Except under Subsection (ii), signs may not be located on an interstate highway
7 or limited access highway on the primary system within 500 feet of an interchange, or intersection
8 at grade, or rest area measured along the interstate highway or freeway from the sign to the nearest
9 point of the beginning or ending of pavement widening at the exit from or entrance to the
10 main-traveled way.
11 (B) Interchange and intersection distance limitations shall be measured separately for each
12 direction of travel. A measurement for each direction of travel may not control or affect any other
13 direction of travel.
14 (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning or
15 ending of pavement widening at the exit from or entrance to the main-traveled way, if:
16 (A) the sign is at least 500 feet but not more than 2,640 feet from the nearest point of the
17 intersecting highway of the interchange; and
18 (B) the section of interstate highway or freeway was opened for use by the traveling public
19 on or after September 1, 1987[.]; or
20 (C) the existing outdoor advertising use, structure, or permit as of January 1, 1995, may
21 not be continued because of the construction or reconstruction of an interstate, federal aid primary
22 highway existing as of June 1, 1991, national highway, or state highway.
23 (d) The location of signs situated on nonlimited access primary highways in commercial,
24 industrial, or H-1 zoned areas between streets, roads, or highways entering the primary highway
25 shall not exceed the following minimum spacing criteria:
26 (i) Where the distance between centerlines of intersecting streets, roads, or highways is
27 less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted between
28 the intersecting streets or highways.
29 (ii) Where the distance between centerlines of intersecting streets, roads, or highways is
30 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
31 (e) All outdoor advertising shall be erected and maintained within the outdoor advertising

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1 corridor.
2 [(3)] (4) Subsection [(2)](3)(c)(ii) may not be implemented until:
3 (a) the Utah-Federal Agreement for carrying out national policy relative to control of
4 outdoor advertising in areas adjacent to the national system of interstate and defense highways and
5 the federal-aid primary system is modified to allow the sign placement specified in Subsection
6 [(2)](3)(c)(ii); and
7 (b) the modified agreement under Subsection (a) is signed on behalf of both the state and
8 the United States Secretary of Transportation.
9 Section 6. Section 27-12-136.6 is amended to read:
10 27-12-136.6. Advertising -- Regulatory power of department -- Notice requirements.
11 (1) As used in this section:
12 (a) "Clear visibility" means capable of advising of the message of an outdoor advertising
13 sign;
14 (b) "Foliage control program" means a program for trimming or removal of seedlings,
15 saplings, trees and vegetation along the interstate, primary, and state highway system right-of-way
16 to provide clear visibility of outdoor advertising; and
17 (c) "General visibility" means capable of being visible from an eye level of at least 44
18 inches above the highway surface to occupants using the main traveled way for some of the
19 distance between the point where the capacity occurs and the point of the center line immediately
20 opposite or perpendicular to the outdoor advertising sign. The maximum distance of the generally
21 visible area may not exceed 2,000 feet.
22 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
23 department [may] shall make rules no more restrictive than this chapter to:
24 [(1)] (a) control the erection and maintenance of outdoor advertising along the interstate
25 and primary highway systems;
26 [(2)] (b) provide for enforcement of this chapter;
27 [(3)] (c) establish the form, content, and submittal of applications to erect outdoor
28 advertising; [and]
29 [(4)] (d) establish administrative procedures[.];
30 (e) establish a foliage control program which assures clear visibility and general visibility
31 of outdoor advertising from the main traveled way and eliminates foliage screening from the sign

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1 viewing zone of a permitted sign structure; and
2 (f) establish that the costs of the foliage control program under Subsection (e) shall be the
3 responsibility of the permit holder who requests the foliage control or removal.
4 (3) In addition to all other statutory notice requirements:
5 (a) the department shall give reasonably timely written notice to all outdoor advertising
6 permit holders of any changes or proposed changes in administrative rules made under authority
7 of the Utah Outdoor Advertising Act; and
8 (b) any county, municipality, or governmental entity shall give reasonably timely written
9 notice to all outdoor advertising permit holders of any zoning changes or proposed zoning changes
10 that may affect the outdoor advertising uses or structures.
11 Section 7. Section 27-12-136.7 is amended to read:
12 27-12-136.7. Advertising -- Permits -- Application requirements -- Duration -- Fees.
13 (1) (a) Outdoor advertising may not be maintained without a current permit.
14 (b) Applications for permits shall be made to the department on forms furnished by it.
15 (c) A permit must be obtained prior to installing each outdoor sign.
16 (d) The application for a permit shall be accompanied by an initial fee established under
17 Section 63-38-3.2.
18 (2) (a) Each permit issued by the department [expires on] is valid for a period of five years
19 and shall expire on June 30 of [each] the fifth year of the permit.
20 (b) Each permit may be renewed for a period of [one year] five years upon the filing of a
21 renewal application and payment of a renewal fee established under Section 63-38-3.2.
22 (3) Sign owners residing outside the state shall provide the department with a continuous
23 performance bond in the amount of $2,500.
24 (4) Fees may not be prorated for fractions of the permit period. Advertising copy may be
25 changed at any time without payment of an additional fee.
26 (5) (a) Each sign shall have its permit continuously affixed to the sign in a position visible
27 from the nearest traveled portion of the highway.
28 (b) The permit shall be affixed to the sign structure within 30 days after delivery by the
29 department to the permit holder, or within 30 days of the installation date of the sign structure.
30 (6) The department may not accept any applications for a permit or issue any permit to
31 erect or maintain outdoor advertising within 500 feet of a permitted sign location except to the

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1 permit holder or the permit holder's assigns until the permit has expired or been terminated
2 pursuant to the procedures under Section 27-12-136.9.
3 (7) Permits are transferrable if the ownership of the permitted sign is transferred.
4 Section 8. Section 27-12-136.9 is amended to read:
5 27-12-136.9. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial
6 review -- Costs of removal -- Civil and criminal liability for damaging regulated signs --
7 Immunity for Department of Transportation.
8 (1) Outdoor advertising is unlawful when:
9 (a) erected after May 9, 1967, contrary to the provisions of this chapter;
10 (b) a permit is not obtained as required by this chapter;
11 (c) a false or misleading statement has been made in the application for a permit that was
12 material to obtaining the permit; or
13 (d) the sign for which a permit was issued is not in a reasonable state of repair, is unsafe,
14 or is otherwise in violation of this chapter.
15 (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary
16 to this chapter is also a public nuisance.
17 (3) Except as provided in Subsection (4), in its enforcement of this section, the Department
18 of Transportation shall comply with the procedures and requirements of Title 63, Chapter 46b,
19 [the] Administrative Procedures Act.
20 (4) (a) The district courts shall have jurisdiction to review by trial de novo all final orders
21 of the Department of Transportation under this [section] act resulting from formal and informal
22 adjudicative proceedings.
23 (b) Venue for judicial review of final orders of the Department of Transportation shall be
24 in the county in which the sign is located.
25 (5) If the Department of Transportation is granted a judgment, the Department of
26 Transportation is entitled to have any nuisance abated and recover from the responsible person,
27 firm, or corporation, jointly and severally:
28 (a) the costs and expenses incurred in removing the sign; and
29 (b) $10 for each day the sign was maintained following the expiration of ten days after
30 notice of agency action was filed and served under Section 63-46b-3.
31 (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,

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1 destroys, or uses any sign controlled under this chapter without the owner's permission is liable
2 to the owner of the sign for treble the amount of damage sustained and all costs of court, including
3 a reasonable attorney's fee, and is guilty of a class C misdemeanor.
4 (b) This subsection does not apply to the department, its agents, or employees if acting to
5 enforce this chapter.
6 Section 9. Section 27-12-136.10 is amended to read:
7 27-12-136.10. Existing outdoor advertising not in conformity with act -- When
8 removal required -- When relocation allowed.
9 (1) Any outdoor advertising lawfully in existence along the interstate or the primary
10 systems on the effective date of this act and which is not then in conformity with its provisions is
11 not required to be removed until five years after it becomes nonconforming or pursuant to the
12 provisions of Section 27-12-136.11.
13 (2) Any existing outdoor advertising structure that does not comply with Section
14 27-12-136.5, but that is located in an industrial and commercial area, an unzoned industrial and
15 commercial area, or an area where outdoor advertising would otherwise be permitted, may be
16 remodeled and relocated on the same property.
17 Section 10. Section 27-12-136.11 is amended to read:
18 27-12-136.11. Existing outdoor advertising not in conformity with act -- Procedure
19 -- Eminent domain -- Compensation -- Relocation.
20 (1) "Nonconforming sign" means a sign that has been erected in a zone or area other than
21 commercial or industrial or where outdoor advertising is not permitted under this act.
22 [(1)] (2) (a) The department [is hereby empowered and authorized to] may acquire by gift,
23 purchase, agreement, exchange, or eminent domain, any existing outdoor advertising and all
24 property rights pertaining to [same] the outdoor advertising which were lawfully in existence on
25 May 9, 1967, and which by reason of this chapter become nonconforming.
26 (b) If the department, or any town, city, county, governmental entity, public utility, or any
27 agency or the United States Department of Transportation under this chapter, prevents the
28 maintenance as defined in Section 27-12-136.3 [or], requires that maintenance of an existing sign
29 be discontinued, or prevents the remodeling or relocation of a sign as authorized in Section
30 27-12-136.10, the sign in question shall be considered acquired by [such] the entity and just
31 compensation will become immediately due and payable.

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1 (c) Eminent domain shall be exercised in accordance with the provision of Title 78,
2 Chapter 34, Eminent Domain.
3 [(2)] (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
4 pertaining to the same, including the right of the landowner upon whose land a sign is located,
5 acquired through the processes of eminent domain.
6 (b) For the purposes of this act, just compensation shall include the consideration of
7 damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
8 company's interest, which remaining properties, together with the properties actually condemned,
9 constituted an economic unit.
10 (c) The department is empowered to remove signs found in violation of Section
11 27-12-136.9 without payment of any compensation.
12 [(3) Nothing in] (4) (a) Except as specifically provided in Section 27-12-136.14 or
13 otherwise, this chapter [shall] may not be construed to permit a person to place or maintain any
14 outdoor advertising adjacent to any interstate or primary highway system which is prohibited by
15 law or by any town, city, or county ordinance. Any town, city, county, governmental entity, or
16 public utility which requires the removal, relocation, alteration, change, or termination of outdoor
17 advertising shall pay just compensation as defined in this chapter and in Title 78, Chapter 34.
18 (5) Except as provided in Section 27-12-136.9, no sign shall be required to be removed
19 by the department nor sign maintenance as described in [Section 27-12-136.11] this section be
20 discontinued unless at the time of removal or discontinuance there are sufficient funds, from
21 whatever source, appropriated and immediately available to pay the just compensation required
22 under this section and unless at that time the federal funds required to be contributed under Section
23 131 of Title 23, United States Code, if any, with respect to the outdoor advertising being removed,
24 have been appropriated and are immediately available to this state.
25 (6) (a) If any existing outdoor advertising use, structure, or permit as of January 1, 1995,
26 may not be continued because of the construction or reconstruction of an interstate or state
27 highway, the owner shall have the option to relocate the use, structure, or permit to another site
28 in the immediate geographic proximity of the original location that is acceptable to the owner.
29 (b) The relocation under Subsection (a) shall be allowed notwithstanding any contrary
30 county or municipal ordinances or covenants.
31 (7) If the outdoor advertising relocation is caused by state, county, or municipal action,

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1 the cost of relocation, including removal costs and severance damages, shall be paid by the entity
2 unless the entity pays just compensation as provided in Subsection (2).
3 Section 11. Section 27-12-136.14 is enacted to read:
4 27-12-136.14. Base replacement of outdoor advertising.
5 Any outdoor advertising use, structure, or permit existing as of January 1, 1995, that may
6 not be continued because of any displacement along an interstate, federal aid primary highway
7 existing as of June 1, 1991, national highway, or state highway shall have the right to be relocated
8 in the county or municipality where it existed under the following conditions:
9 (1) the new site is relocated on the same highway system; or
10 (2) the new site is a comparable site and has geographic proximity in the county or
11 municipality;
12 (3) the new site has a comparable vehicular traffic count, a similar zoning classification,
13 and is acceptable to the owner;
14 (4) the new use or structure has at least the same size and height as the existing use or
15 structure; and
16 (5) the owner of the outdoor advertising use, structure, or permit pays any costs of
17 removing the existing use or structure and constructing the new use or structure.




Legislative Review Note
as of 12-11-96 3:33 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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