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First Substitute S.B. 14
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 LANDSCAPE 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:
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
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 27-12-136.15, Utah Code Annotated 1953
27 27-12-136.16, Utah Code Annotated 1953
1 Be it enacted by the Legislature of the state of Utah:
2 Section 1. Section 10-9-409 is enacted to read:
3 10-9-409. Existing outdoor advertising uses.
4 A municipality may not require an owner or possessor of property to waive the right to
5 continue an existing outdoor advertising use or structure as a condition for a permit or for any
6 approval to waive the right to continue that use or structure without:
7 (1) acquiring the use or structure by purchase or condemnation with just compensation;
9 (2) relocating the use or structure to another site in the municipality under the following
11 (a) the new site has a comparable vehicular traffic count, is acceptable to the sign owner,
12 and is located in a commercial or industrial zoned area;
13 (b) the new use or structure is at least the same size and height as the existing use or
14 structure; and
15 (c) the municipality pays any costs of removing the existing use or structure and
16 constructing the new use or structure, but any costs relating to the upgrading of sign structures
17 shall be the responsibility of the sign owner.
18 Section 2. Section 17-27-409 is enacted to read:
19 17-27-409. Existing outdoor advertising uses.
20 A county may not require an owner or possessor of property to waive the right to continue
21 an existing outdoor advertising use or structure as a condition for a permit or for any approval to
22 waive the right to continue that use or structure without:
23 (1) acquiring the use or structure by purchase or condemnation with just compensation;
25 (2) relocating the use or structure to another site in the county under the following
27 (a) the new site has a comparable vehicular traffic count, is acceptable to the sign owner,
28 and is located in a commercial or industrial zoned area;
29 (b) the new use or structure is at least the same size and height as the existing use or
30 structure; and
31 (c) the county pays any costs of removing the existing use or structure and constructing
1 the new use or structure, but any costs relating to the upgrading of sign structures shall be the
2 responsibility of the sign owner.
3 Section 3. Section 27-12-136.2 is amended to read:
4 27-12-136.2. Purpose of act.
5 The purpose of this act is to provide the statutory basis for the regulation of outdoor
6 advertising consistent with zoning principles and standards and the public policy of this state in
7 providing public safety, health, welfare, convenience and enjoyment of public travel, to protect
8 the public investment in [
9 on [
10 medium of communication throughout the state so that it is preserved and can continue to provide
11 general information in the specific interest of the traveling public [
13 It is the purpose of this act to provide a statutory basis for the reasonable regulation, but
14 not the prohibition, of outdoor advertising consistent with the customary use, zoning principles
15 and standards, the protection of private property rights, and the public policy relating to areas
16 adjacent to the interstate, federal aid primary highway existing as of June 1, 1991, national
17 highway, and state highway systems.
18 The agreement entered into between the governor of the state of Utah and the Secretary of
19 Transportation of the United States dated January 18, 1968, regarding the size, lighting, and
20 spacing of outdoor advertising which may be erected and maintained within areas adjacent to the
21 interstate [
22 highway, and state highway systems which are zoned commercial or industrial or in [
23 unzoned commercial or industrial areas as defined pursuant to the terms of [
24 is hereby ratified and approved.
25 Section 4. Section 27-12-136.3 is amended to read:
26 27-12-136.3. Definitions.
27 As used in this chapter:
28 (1) "Commercial or industrial activities" means those activities generally recognized as
29 commercial or industrial by zoning authorities in this state, except that none of the following are
30 commercial or industrial activities:
31 (a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh
1 produce stands;
2 (b) transient or temporary activities;
3 (c) activities not visible from the main-traveled way;
4 (d) activities conducted in a building principally used as a residence; and
5 (e) railroad tracks and minor sidings.
6 (2) "Commercial or industrial zone" means only:
7 (a) those areas within the boundaries of cities or towns 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 (b) those areas within the boundaries of urbanized counties that are used or reserved for
11 business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
12 or comprehensive local zoning ordinances or regulations;
13 (c) those areas outside the boundaries of urbanized counties and outside the boundaries
14 of cities and towns that:
15 (i) are used or reserved for business, commerce, or trade, or zoned as a highway service
16 zone, under comprehensive local zoning ordinances or regulations or enabling state legislation;
18 (ii) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
19 from the nearest point of the beginning or ending of the pavement widening at the exit from or
20 entrance to the main-traveled way; or
21 (d) those areas outside the boundaries of urbanized counties and outside the boundaries
22 of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as
23 measured from the nearest point of the beginning or ending of the pavement widening at the exit
24 from or entrance to the main-traveled way that are reserved for business, commerce, or trade under
25 enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually
26 used for commercial or industrial purposes.
27 (3) "Commercial or industrial zone" does not mean areas zoned for the [
28 purpose of allowing outdoor advertising.
29 (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
30 comprehensive plan required by Section 10-9-301, the municipal zoning plan authorized by
31 Section 10-9-401, and the county master plan authorized by Sections 17-27-301 and 17-27-401.
1 Property that is rezoned by comprehensive local zoning ordinances or regulations is presumed to
2 have not been zoned for the sole purpose of allowing outdoor advertising.
3 (5) "Department" means the Department of Transportation.
4 (6) "Directional signs" means signs containing information about public places owned or
5 operated by federal, state, or local governments or their agencies, publicly or privately owned
6 natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural
7 scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the
8 interest of the traveling public.
9 (7) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,
10 draw, or in any other way bring into being.
11 (b) "Erect" does not include any activities defined in Subsection (a) if they are performed
12 incident to the change of an advertising message or customary maintenance of a sign.
13 (8) "Highway service zone" means a highway service area where the primary use of the
14 land is used or reserved for commercial and roadside services other than outdoor advertising to
15 serve the traveling public.
16 (9) "Information center" means an area or site established and maintained at rest areas for
17 the purpose of informing the public of:
18 (a) places of interest within the state; or
19 (b) any other information that the department considers desirable.
20 (10) "Interchange or intersection" means those areas and their approaches where traffic
21 is channeled off or onto an interstate route, including the deacceleration lanes or acceleration lanes
22 from or to another federal, state, county, city, or other route.
23 (11) "Interstate system" means that portion of the national defense system of interstate and
24 defense highways located within this state officially designated by the department and approved
25 by the United States Secretary of Transportation under Title 23, United States Code.
26 (12) "Maintain" means to allow to exist, subject to the provisions of this chapter.
27 (13) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign
28 structure in a state suitable for safe use, including signs destroyed by vandalism or an act of God.
29 (14) "Main-traveled way" means the through traffic lanes exclusive of frontage roads,
30 auxiliary lanes, and ramps. For a divided highway, there is a separate main-traveled way for the
31 traffic in each direction.
1 (15) "Official signs and notices" means signs and notices erected and maintained by public
2 agencies within their territorial or zoning jurisdictions for the purpose of carrying out official
3 duties or responsibilities in accordance with direction or authorization contained in federal, state,
4 or local law.
5 (16) "Off-premise signs" means signs located in areas zoned industrial, commercial, or
6 H-1 and in areas determined by the department to be unzoned industrial or commercial.
7 (17) "On-premise signs" means signs used to advertise the major activities conducted on
8 the property where the sign is located.
9 (18) "Outdoor advertising" [
12 combination with an outdoor advertising sign or outdoor sign.
13 (19) [
14 measured perpendicular from the edge of a controlled highway right-of-way[
21 (20) "Outdoor advertising structure" or "outdoor structure" means any structure, including
22 any necessary devices, supports, appurtenances, and lighting that is part of or supports an outdoor
24 (21) "Point of widening" means the point of the gore or the point where the intersecting
25 lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
26 than 2,640 feet from the center line of the intersecting highway of the interchange or intersection
27 at grade.
29 within this state officially designated by the department and approved by the United States
30 Secretary of Transportation under Title 23, United States Code.
31 (23) "Relocation" includes the removal of a sign from one situs together with the erection
1 of a new sign upon another situs in a commercial or industrial zoned area as a substitute.
2 (24) "Relocation and replacement" means allowing all outdoor advertising signs or permits
3 the right to maintain outdoor advertising along the interstate, federal aid primary highway existing
4 as of June 1, 1991, national highway system highways, and state highway systems to be
5 maintained in a commercial or industrial zoned area regardless of the need for their removal to
6 accommodate the displacement, remodeling, or widening one of the highway systems.
7 (25) "Remodel" means the upgrading, changing, alteration, refurbishment, modification,
8 or complete substitution of a new outdoor advertising structure for one permitted pursuant to this
9 act and that is located in a commercial or industrial area.
11 to the right-of-way by or under public supervision or control for the convenience of the traveling
14 aesthetic value.
16 vehicles, exclusive of shoulders and auxiliary lanes.
18 (i) those areas not zoned by state law or local law, regulation, or ordinance that are
19 occupied by one or more industrial or commercial activities other than outdoor advertising signs;
20 (ii) the lands along the highway for a distance of 600 feet immediately adjacent to those
21 activities; and
22 (iii) lands covering the same dimensions that are directly opposite those activities on the
23 other side of the highway, if the department determines that those lands on the opposite side of the
24 highway do not have scenic or aesthetic value.
25 (b) In measuring the scope of the unzoned commercial or industrial area, all measurements
26 shall be made from the outer edge of the regularly used buildings, parking lots, storage, or
27 processing areas of the activities and shall be along or parallel to the edge of pavement of the
29 (c) All signs located within an unzoned commercial or industrial area become
30 nonconforming if the commercial or industrial activity used in defining the area ceases for a
31 continuous period of 12 months.
3 Section 5. Section 27-12-136.5 is amended to read:
4 27-12-136.5. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
5 Limit on implementation.
7 (1) (a) [
8 not exceed the following limits:
9 (i) maximum area - 1,000 square feet;
10 (ii) maximum length - 60 feet; and
11 (iii) maximum height - 25 feet.
12 (b) No more than two facings visible and readable from the same direction on the
13 main-traveled way may be erected on any one sign structure. Whenever two facings are so
14 positioned, neither shall exceed [
15 (c) [
16 back-to-back, stacked, side-by-side, and V-type signs are permitted as a single sign or structure
17 if both faces enjoy common ownership.
18 (d) A changeable message sign is permitted if the interval between message changes is at
19 least eight seconds.
21 (2) (a) An outdoor sign structure located inside the unincorporated area of a non-urbanized
22 county may have a maximum height of 65 feet above the ground, 25 feet above the grade of the
23 main traveled way, or the maximum height allowed by the county, whichever is greater.
24 (b) An outdoor sign structure located inside an incorporated municipality or urbanized
25 county may have the maximum height allowed by the municipality for the commercial or
26 industrial zone in which the sign is located. If no maximum height is provided for the location,
27 the maximum height may be 85 feet above the ground or 25 feet above the grade of the main
28 traveled way, whichever is greater.
29 (3) Except as provided in Section 27-12-136.10:
30 (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
31 27-12-136.4(1) or in H-1 zones [
1 sign adjacent to an interstate highway or limited access primary highway, except that signs may
2 be erected closer than 500 feet if the signs on the same side of the interstate highway or limited
3 access primary highway are not simultaneously visible.
4 (b) Signs may not be located within 500 feet of any of the following which are adjacent
5 to the highway, unless the signs are in an incorporated area:
6 (i) public parks;
7 (ii) public forests;
8 (iii) public playgrounds;
9 (iv) areas designated as scenic areas by the department or other state agency having and
10 exercising this authority; or
11 (v) cemeteries.
12 (c) (i) (A) Except under Subsection (ii), signs may not be located on an interstate highway
13 or limited access highway on the primary system within 500 feet of an interchange, or intersection
14 at grade, or rest area measured along the interstate highway or freeway from the sign to the nearest
15 point of the beginning or ending of pavement widening at the exit from or entrance to the
16 main-traveled way.
17 (B) Interchange and intersection distance limitations shall be measured separately for each
18 direction of travel. A measurement for each direction of travel may not control or affect any other
19 direction of travel.
20 (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning or
21 ending of pavement widening at the exit from or entrance to the main-traveled way, if:
22 (A) the sign is at least 500 feet but not more than 2,640 feet from the nearest point of the
23 intersecting highway of the interchange; [
26 (B) the existing outdoor advertising use, structure, or permit as of January 1, 1995, may
27 not be continued because of the widening, construction, or reconstruction of an interstate, federal
28 aid primary highway existing as of June 1, 1991, national highway system highway, or state
29 highway, and it is located in a commercial or industrial zoned area inside an urbanized county or
30 an incorporated municipality.
31 (d) The location of signs situated on nonlimited access primary highways in commercial,
1 industrial, or H-1 zoned areas between streets, roads, or highways entering the primary highway
2 shall not exceed the following minimum spacing criteria:
3 (i) Where the distance between centerlines of intersecting streets, roads, or highways is
4 less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted between
5 the intersecting streets or highways.
6 (ii) Where the distance between centerlines of intersecting streets, roads, or highways is
7 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
8 (e) All outdoor advertising shall be erected and maintained within the outdoor advertising
11 (a) the Utah-Federal Agreement for carrying out national policy relative to control of
12 outdoor advertising in areas adjacent to the national system of interstate and defense highways and
13 the federal-aid primary system is modified to allow the sign placement specified in Subsection
15 (b) the modified agreement under Subsection (a) is signed on behalf of both the state and
16 the United States Secretary of Transportation.
17 Section 6. Section 27-12-136.6 is amended to read:
18 27-12-136.6. Advertising -- Regulatory power of department -- Notice requirements.
19 (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
20 department may make rules no more restrictive than this chapter to:
22 and primary highway systems;
25 advertising; and
27 (2) In addition to all other statutory notice requirements:
28 (a) the department shall give reasonably timely written notice to all outdoor advertising
29 permit holders of any changes or proposed changes in administrative rules made under authority
30 of the Utah Outdoor Advertising Act; and
31 (b) any county, municipality, or governmental entity shall give reasonably timely written
1 notice to all outdoor advertising permit holders of any zoning changes or proposed zoning changes
2 that may affect the outdoor advertising uses or structures.
3 Section 7. Section 27-12-136.7 is amended to read:
4 27-12-136.7. Advertising -- Permits -- Application requirements -- Duration -- Fees.
5 (1) (a) Outdoor advertising may not be maintained without a current permit.
6 (b) Applications for permits shall be made to the department on forms furnished by it.
7 (c) A permit must be obtained prior to installing each outdoor sign.
8 (d) The application for a permit shall be accompanied by an initial fee established under
9 Section 63-38-3.2.
10 (2) (a) Each permit issued by the department [
11 years and shall expire on June 30 of [
12 termination of the right to use the property, whichever is sooner.
13 (b) Each permit may be renewed for [
14 upon the filing of a renewal application and payment of a renewal fee established under Section
16 (3) Sign owners residing outside the state shall provide the department with a continuous
17 performance bond in the amount of $2,500.
18 (4) Fees may not be prorated for fractions of the permit period. Advertising copy may be
19 changed at any time without payment of an additional fee.
20 (5) (a) Each sign shall have its permit continuously affixed to the sign in a position visible
21 from the nearest traveled portion of the highway.
22 (b) The permit shall be affixed to the sign structure within 30 days after delivery by the
23 department to the permit holder, or within 30 days of the installation date of the sign structure.
24 (c) Construction of the sign structure shall begin with 180 days after delivery of the permit
25 by the department to the permit holder.
26 (6) The department may not accept any applications for a permit or issue any permit to
27 erect or maintain outdoor advertising within 500 feet of a permitted sign location except to the
28 permit holder or the permit holder's assigns until the permit has expired or has been terminated
29 pursuant to the procedures under Section 27-12-136.9.
30 (7) Permits are transferrable if the ownership of the permitted sign is transferred.
31 Section 8. Section 27-12-136.9 is amended to read:
1 27-12-136.9. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial
2 review -- Costs of removal -- Civil and criminal liability for damaging regulated signs --
3 Immunity for Department of Transportation.
4 (1) Outdoor advertising is unlawful when:
5 (a) erected after May 9, 1967, contrary to the provisions of this chapter;
6 (b) a permit is not obtained as required by this chapter;
7 (c) a false or misleading statement has been made in the application for a permit that was
8 material to obtaining the permit; or
9 (d) the sign for which a permit was issued is not in a reasonable state of repair, is unsafe,
10 or is otherwise in violation of this chapter.
11 (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary
12 to this chapter is also a public nuisance.
13 (3) Except as provided in Subsection (4), in its enforcement of this section, the Department
14 of Transportation shall comply with the procedures and requirements of Title 63, Chapter 46b,
16 (4) (a) The district courts shall have jurisdiction to review by trial de novo all final orders
17 of the Department of Transportation under this [
18 adjudicative proceedings.
19 (b) Venue for judicial review of final orders of the Department of Transportation shall be
20 in the county in which the sign is located.
21 (5) If the Department of Transportation is granted a judgment, the Department of
22 Transportation is entitled to have any nuisance abated and recover from the responsible person,
23 firm, or corporation, jointly and severally:
24 (a) the costs and expenses incurred in removing the sign; and
25 (b) $10 for each day the sign was maintained following the expiration of ten days after
26 notice of agency action was filed and served under Section 63-46b-3.
27 (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,
28 destroys, or uses any sign controlled under this chapter without the owner's permission is liable
29 to the owner of the sign for treble the amount of damage sustained and all costs of court, including
30 a reasonable attorney's fee, and is guilty of a class C misdemeanor.
31 (b) This subsection does not apply to the department, its agents, or employees if acting to
1 enforce this chapter.
2 Section 9. Section 27-12-136.10 is amended to read:
3 27-12-136.10. Existing outdoor advertising not in conformity with act -- When
4 removal required -- When relocation allowed.
5 (1) Any outdoor advertising lawfully in existence along the interstate or the primary
6 systems on the effective date of this act and which is not then in conformity with its provisions is
7 not required to be removed until five years after it becomes nonconforming or pursuant to the
8 provisions of Section 27-12-136.11.
9 (2) Any existing outdoor advertising structure that does not comply with Section
10 27-12-136.5, but that is located in an industrial and commercial area, an unzoned industrial and
11 commercial area, or an area where outdoor advertising would otherwise be permitted, may be
12 remodeled and relocated on the same property in a commercial or industrial zoned area.
13 Section 10. Section 27-12-136.11 is amended to read:
14 27-12-136.11. Existing outdoor advertising not in conformity with act -- Procedure
15 -- Eminent domain -- Compensation -- Relocation.
16 (1) As used in this section, "nonconforming sign" means a sign that has been erected in
17 a zone or area other than commercial or industrial or where outdoor advertising is not permitted
18 under this act.
20 purchase, agreement, exchange, or eminent domain, any existing outdoor advertising and all
21 property rights pertaining to [
22 May 9, 1967, and which by reason of this chapter become nonconforming.
23 (b) If the department, or any town, city, county, governmental entity, public utility, or any
24 agency or the United States Department of Transportation under this chapter, prevents the
25 maintenance as defined in Section 27-12-136.3 [
26 be discontinued, or prevents the remodeling or relocation of a sign for safety reasons or as
27 authorized in Section 27-12-136.10, the sign in question shall be considered acquired by [
28 the entity and just compensation will become immediately due and payable.
29 (c) Eminent domain shall be exercised in accordance with the provision of Title 78,
30 Chapter 34, Eminent Domain.
1 pertaining to the same, including the right of the landowner upon whose land a sign is located,
2 acquired through the processes of eminent domain.
3 (b) For the purposes of this act, just compensation shall include the consideration of
4 damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
5 company's interest, which remaining properties, together with the properties actually condemned,
6 constituted an economic unit.
7 (c) The department is empowered to remove signs found in violation of Section
8 27-12-136.9 without payment of any compensation.
10 otherwise, this chapter [
11 outdoor advertising adjacent to any interstate or primary highway system which is prohibited by
12 law or by any town, city, or county ordinance. Any town, city, county, governmental entity, or
13 public utility which requires the removal, relocation, alteration, change, or termination of outdoor
14 advertising shall pay just compensation as defined in this chapter and in Title 78, Chapter 34.
15 (5) Except as provided in Section 27-12-136.9, no sign shall be required to be removed
16 by the department nor sign maintenance as described in [
17 discontinued unless at the time of removal or discontinuance there are sufficient funds, from
18 whatever source, appropriated and immediately available to pay the just compensation required
19 under this section and unless at that time the federal funds required to be contributed under Section
20 131 of Title 23, United States Code, if any, with respect to the outdoor advertising being removed,
21 have been appropriated and are immediately available to this state.
22 (6) (a) If any existing outdoor advertising use, structure, or permit as of January 1, 1995,
23 may not be continued because of the construction or reconstruction of an interstate or state
24 highway, the owner shall have the option to relocate the use, structure, or permit to another site
25 in the immediate geographic proximity of the original location that is acceptable to the owner and
26 that is located in a commercial or industrial zoned area.
27 (b) The relocation under Subsection (a) shall be allowed notwithstanding any contrary
28 county or municipal ordinances or covenants.
29 (7) If the outdoor advertising relocation is caused by state, county, or municipal action,
30 the cost of relocation, including removal costs and severance damages, shall be paid by the entity
31 unless the entity pays just compensation as provided in Subsection (2).
1 Section 11. Section 27-12-136.14 is enacted to read:
2 27-12-136.14. Base replacement of outdoor advertising.
3 Any outdoor advertising use, structure, or permit existing as of January 1, 1995, that may
4 not be continued because of any displacement along an interstate, federal aid primary highway
5 existing as of June 1, 1991, national highway system highway, or state highway shall have the
6 right to be relocated in the county or municipality where it existed under the following conditions:
7 (1) the new site is relocated on the same highway system;
8 (2) the new site is a comparable site and has geographic proximity in the county or
10 (3) the new site has a comparable vehicular traffic count and a similar zoning
12 (4) the new use or structure has at least the same size and height as the existing use or
13 structure; and
14 (5) the owner of the outdoor advertising use, structure, or permit pays any costs of
15 removing the existing use or structure and constructing the new use or structure.
16 Section 13. Section 27-12-136.15 is enacted to read:
17 27-12-136.15. Landscape control program.
18 (1) As used in this section, "landscape control" means trimming or removal of seedlings,
19 saplings, trees and vegetation along the interstate, primary, and state highway system right-of-way
20 to provide clear visibility of outdoor advertising.
21 (2) (a) The department shall establish a landscape control program as provided under this
23 (b) Except as provided in this section, a person, including an outdoor advertising sign
24 owner or business owner may not perform or cause landscape control to be performed.
25 (3) (a) An outdoor advertising sign owner or business owner may submit a request for
26 landscape control to the department.
27 (b) Within 60 days of the request under Subsection (a), the department shall:
28 (i) conduct a field review of the request with a representative of the sign or business
29 owner, the department, and the Federal Highway Administration to consider the following issues
30 listed in their order of priority:
31 (A) safety;
1 (B) protection of highway features, including right-of-way and landscaping;
2 (C) aesthetics; and
3 (D) motorists' view of the sign or business; and
4 (ii) notify the sign or business owner what, if any, trimming, removal, restoration, banking,
5 or other landscape control shall be allowed as decided by the department, after consultation with
6 the Federal Highway Administration.
7 (c) If the sign or business owner elects to proceed, in accordance with the decision issued
8 under Subsection (c), the department shall issue a permit that describes what landscape control
9 may be allowed, assigns responsibility for costs, describes the safety measures to be observed, and
10 attaches any explanatory plans or other information.
11 (4) The department shall establish an appeals process within the department for landscape
12 control decisions made under Subsection (3).
13 (5) (a) A person who performs landscape control in violation of this section is guilty of
14 a class C misdemeanor, and in addition to any other penalties, shall have the person's sign permit
15 for the sign or signs where unlawful landscape control was performed revoked, the sign or signs
16 removed at the owner's expense, and is liable to the owner for treble the amount of damages
17 sustained to the landscape.
18 (b) Each permit issued under this section shall notify the permit holder of the penalties
19 under Subsection (5)(a).
20 Section 12. Section 27-12-136.16 is enacted to read:
21 27-12-136.16. Utah-Federal Agreement -- Severability clause.
22 (1) As used in this section, "Utah-Federal Agreement" means the agreement relating to
23 outdoor advertising that is described under Section 27-12-136.2, and it includes any modifications
24 to the agreement that are signed on behalf of both the state and the United States Secretary of
26 (2) The provisions of this act are subject to and shall be superseded by conflicting
27 provisions of the Utah-Federal Agreement.
28 (3) If any provision of this act or its application to any person or circumstance is found to
29 be unconstitutional, or in conflict with or superseded by the Utah-Federal Agreement, the
30 remainder of this act and the application of the provision to other persons or circumstances shall
31 not be affected by it.
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