Download Zipped Introduced WP 6.1 SB0014S2.ZIP 34,317 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]

Second Substitute 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    PROVIDING FOR THE RELOCATION OF CERTAIN OUTDOOR ADVERTISING;
9    REQUIRING THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A
10    LANDSCAPE CONTROL PROGRAM RELATED TO OUTDOOR ADVERTISING; AND
11    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         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 only terminate a nonconforming billboard and associated property
5    rights through:
6        (1) gift;
7        (2) purchase;
8        (3) agreement;
9        (4) exchange; or
10        (5) eminent domain.
11        Section 2. Section 17-27-409 is enacted to read:
12         17-27-409. Existing outdoor advertising uses.
13        A county may only terminate a nonconforming billboard and associated property rights
14    through:
15        (1) gift;
16        (2) purchase;
17        (3) agreement;
18        (4) exchange; or
19        (5) eminent domain.
20        Section 3. Section 27-12-136.2 is amended to read:
21         27-12-136.2. Purpose of act.
22        The purpose of this act is to provide the statutory basis for the regulation of outdoor
23    advertising consistent with zoning principles and standards and the public policy of this state in
24    providing public safety, health, welfare, convenience and enjoyment of public travel, to protect
25    the public investment in [such] highways, to preserve the natural scenic beauty of lands bordering
26    on [such] highways, and to ensure that outdoor advertising shall be continued as a standardized
27    medium of communication throughout the state so that it is preserved and can continue to provide
28    general information in the specific interest of the traveling public [is presented] safely and
29    effectively.
30        It is the purpose of this act to provide a statutory basis for the reasonable regulation of
31    outdoor advertising consistent with the customary use, zoning principles and standards, the

- 2 -


1    protection of private property rights, and the public policy relating to areas adjacent to the
2    interstate, federal aid primary highway existing as of June 1, 1991, and the national highway
3    systems.
4        The agreement entered into between the governor of the state of Utah and the Secretary of
5    Transportation of the United States dated January 18, 1968, regarding the size, lighting, and
6    spacing of outdoor advertising which may be erected and maintained within areas adjacent to the
7    interstate [and primary], federal aid primary highway existing as of June 1, 1991, and national
8    highway systems which are zoned commercial or industrial or in [such] other unzoned commercial
9    or industrial areas as defined pursuant to the terms of [such] the agreement is hereby ratified and
10    approved, subject to subsequent amendments.
11        Section 4. Section 27-12-136.3 is amended to read:
12         27-12-136.3. Definitions.
13        As used in this chapter:
14        (1) "Commercial or industrial activities" means those activities generally recognized as
15    commercial or industrial by zoning authorities in this state, except that none of the following are
16    commercial or industrial activities:
17        (a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh
18    produce stands;
19        (b) transient or temporary activities;
20        (c) activities not visible from the main-traveled way;
21        (d) activities conducted in a building principally used as a residence; and
22        (e) railroad tracks and minor sidings.
23        (2) "Commercial or industrial zone" means only:
24        (a) those areas within the boundaries of cities or towns that are used or reserved for
25    business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
26    or comprehensive local zoning ordinances or regulations;
27        (b) those areas within the boundaries of urbanized counties that are used or reserved for
28    business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
29    or comprehensive local zoning ordinances or regulations;
30        (c) those areas outside the boundaries of urbanized counties and outside the boundaries
31    of cities and towns that:

- 3 -


1        (i) are used or reserved for business, commerce, or trade, or zoned as a highway service
2    zone, under comprehensive local zoning ordinances or regulations or enabling state legislation;
3    and
4        (ii) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
5    from the nearest point of the beginning or ending of the pavement widening at the exit from or
6    entrance to the main-traveled way; or
7        (d) those areas outside the boundaries of urbanized counties and outside the boundaries
8    of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as
9    measured from the nearest point of the beginning or ending of the pavement widening at the exit
10    from or entrance to the main-traveled way that are reserved for business, commerce, or trade under
11    enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually
12    used for commercial or industrial purposes.
13        (3) "Commercial or industrial zone" does not mean areas zoned for the [primary] sole
14    purpose of allowing outdoor advertising.
15        (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
16    comprehensive plan required by Section 10-9-301, the municipal zoning plan authorized by
17    Section 10-9-401, and the county master plan authorized by Sections 17-27-301 and 17-27-401.
18    Property that is rezoned by comprehensive local zoning ordinances or regulations is rebuttably
19    presumed to have not been zoned for the sole purpose of allowing outdoor advertising.
20        (5) "Department" means the Department of Transportation.
21        (6) "Directional signs" means signs containing information about public places owned or
22    operated by federal, state, or local governments or their agencies, publicly or privately owned
23    natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural
24    scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the
25    interest of the traveling public.
26        (7) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,
27    draw, or in any other way bring into being.
28        (b) "Erect" does not include any activities defined in Subsection (a) if they are performed
29    incident to the change of an advertising message or customary maintenance of a sign.
30        (8) "Highway service zone" means a highway service area where the primary use of the
31    land is used or reserved for commercial and roadside services other than outdoor advertising to

- 4 -


1    serve the traveling public.
2        (9) "Information center" means an area or site established and maintained at rest areas for
3    the purpose of informing the public of:
4        (a) places of interest within the state; or
5        (b) any other information that the department considers desirable.
6        (10) "Interchange or intersection" means those areas and their approaches where traffic
7    is channeled off or onto an interstate route, including the deacceleration lanes or acceleration lanes
8    from or to another federal, state, county, city, or other route.
9        (11) "Interstate system" means that portion of the national defense system of interstate and
10    defense highways located within this state officially designated by the department and approved
11    by the United States Secretary of Transportation under Title 23, United States Code.
12        (12) "Maintain" means to allow to exist, subject to the provisions of this chapter.
13        (13) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign
14    structure in a state suitable for safe use, including signs destroyed by vandalism or an act of God.
15        (14) "Main-traveled way" means the through traffic lanes, including auxiliary lanes,
16    acceleration lanes, and deacceleration lanes, exclusive of frontage roads[, auxiliary lanes, and
17    ramps]. For a divided highway, there is a separate main-traveled way for the traffic in each
18    direction.
19        (15) "Official signs and notices" means signs and notices erected and maintained by public
20    agencies within their territorial or zoning jurisdictions for the purpose of carrying out official
21    duties or responsibilities in accordance with direction or authorization contained in federal, state,
22    or local law.
23        (16) "Off-premise signs" means signs located in areas zoned industrial, commercial, or
24    H-1 and in areas determined by the department to be unzoned industrial or commercial.
25        (17) "On-premise signs" means signs used to advertise the major activities conducted on
26    the property where the sign is located.
27        (18) "Outdoor advertising" [or "outdoor signs" or "sign"] means any outdoor advertising
28    structure[,] [display, light device, figure, painting, drawing, message, plaque, poster, billboard, or
29    other thing designed, intended, or used to advertise or inform] or outdoor structure used in
30    combination with an outdoor advertising sign or outdoor sign.
31        (19) [(a)] "Outdoor advertising corridor" means[: (i)] a strip of land [100] 350 feet wide,

- 5 -


1    measured perpendicular from the edge of a controlled highway right-of-way[; or].
2        [(ii) where there is a natural or created usage consisting of a frontage road, city street,
3    county road, controlled or not controlled service road, railroad track, utility easement, or water
4    course running parallel or approximately parallel and contiguous to the controlled highway, the
5    width of the corridor shall extend further to a line 100 feet from the edge of the usage.]
6        [(b) The width of the outdoor advertising corridor may not exceed 350 feet measured from
7    the edge of the controlled highway right-of-way.]
8        (20) "Outdoor advertising structure" or "outdoor structure" means any structure, including
9    any necessary devices, supports, appurtenances, and lighting that is part of or supports an outdoor
10    sign.
11        (21) "Point of widening" means the point of the gore or the point where the intersecting
12    lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
13    than 2,640 feet from the center line of the intersecting highway of the interchange or intersection
14    at grade.
15        [(20)] (22) "Primary system" means that portion of connected main highways located
16    within this state officially designated by the department and approved by the United States
17    Secretary of Transportation under Title 23, United States Code.
18        (23) "Relocation" includes the removal of a sign from one situs together with the erection
19    of a new sign upon another situs in a commercial or industrial zoned area as a substitute.
20        (24) "Relocation and replacement" means allowing all outdoor advertising signs or permits
21    the right to maintain outdoor advertising along the interstate, federal aid primary highway existing
22    as of June 1, 1991, and national highway system highways to be maintained in a commercial or
23    industrial zoned area regardless of the need for their removal to accommodate the displacement,
24    remodeling, or widening one of the highway systems.
25        (25) "Remodel" means the upgrading, changing, alteration, refurbishment, modification,
26    or complete substitution of a new outdoor advertising structure for one permitted pursuant to this
27    act and that is located in a commercial or industrial area.
28        [(21)] (26) "Rest area" means an area or site established and maintained within or adjacent
29    to the right-of-way by or under public supervision or control for the convenience of the traveling
30    public.
31        [(22)] (27) "Scenic or natural area" means an area determined by the department to have

- 6 -


1    aesthetic value.
2        [(23)] (28) "Traveled way" means that portion of the roadway used for the movement of
3    vehicles, exclusive of shoulders and auxiliary lanes.
4        [(24)] (29) (a) "Unzoned commercial or industrial area" means:
5        (i) those areas not zoned by state law or local law, regulation, or ordinance that are
6    occupied by one or more industrial or commercial activities other than outdoor advertising signs;
7        (ii) the lands along the highway for a distance of 600 feet immediately adjacent to those
8    activities; and
9        (iii) lands covering the same dimensions that are directly opposite those activities on the
10    other side of the highway, if the department determines that those lands on the opposite side of the
11    highway do not have scenic or aesthetic value.
12        (b) In measuring the scope of the unzoned commercial or industrial area, all measurements
13    shall be made from the outer edge of the regularly used buildings, parking lots, storage, or
14    processing areas of the activities and shall be along or parallel to the edge of pavement of the
15    highway.
16        (c) All signs located within an unzoned commercial or industrial area become
17    nonconforming if the commercial or industrial activity used in defining the area ceases for a
18    continuous period of 12 months.
19        [(25)] (30) "Urbanized county" means a county with a population of at least 125,000
20    persons.
21        Section 5. Section 27-12-136.5 is amended to read:
22         27-12-136.5. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
23     Limit on implementation.
24        [(1) Sign size:]
25        (1) (a) [No] Except as provided in Subsection (2), a sign face within the state [shall] may
26    not exceed the following limits:
27        (i) maximum area - 1,000 square feet;
28        (ii) maximum length - 60 feet; and
29        (iii) maximum height - 25 feet.
30        (b) No more than two facings visible and readable from the same direction on the
31    main-traveled way may be erected on any one sign structure. Whenever two facings are so

- 7 -


1    positioned, neither shall exceed [325 square feet] the maximum allowed square footage.
2        (c) [Double-faced] Two or more advertising messages on a sign face and double-faced,
3    back-to-back, stacked, side-by-side, and V-type signs are permitted as a single sign or structure
4    if both faces enjoy common ownership.
5        (d) A changeable message sign is permitted if the interval between message changes is not
6    more frequent than at least eight seconds and the actual message rotation process is accomplished
7    in three seconds or less.
8        [(2) Sign spacing:]
9        (2) (a) An outdoor sign structure located inside the unincorporated area of a non-urbanized
10    county may have a maximum height of 65 feet above the ground, 25 feet above the grade of the
11    main traveled way, or the maximum height allowed by the county, whichever is greater.
12        (b) An outdoor sign structure located inside an incorporated municipality or urbanized
13    county may have the maximum height allowed by the municipality for outdoor advertising
14    structures in the commercial or industrial zone in which the sign is located. If no maximum height
15    is provided for the location, the maximum height may be 65 feet above the ground or 25 feet above
16    the grade of the main traveled way, whichever is greater.
17        (3) Except as provided in Section 27-12-136.10:
18        (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
19    27-12-136.4(1) or in H-1 zones [shall] may not be closer than 500 feet to an existing off-premise
20    sign adjacent to an interstate highway or limited access primary highway, except that signs may
21    be erected closer than 500 feet if the signs on the same side of the interstate highway or limited
22    access primary highway are not simultaneously visible.
23        (b) Signs may not be located within 500 feet of any of the following which are adjacent
24    to the highway, unless the signs are in an incorporated area:
25        (i) public parks;
26        (ii) public forests;
27        (iii) public playgrounds;
28        (iv) areas designated as scenic areas by the department or other state agency having and
29    exercising this authority; or
30        (v) cemeteries.
31        (c) (i) (A) Except under Subsection (ii), signs may not be located on an interstate highway

- 8 -


1    or limited access highway on the primary system within 500 feet of an interchange, or intersection
2    at grade, or rest area measured along the interstate highway or freeway from the sign to the nearest
3    point of the beginning or ending of pavement widening at the exit from or entrance to the
4    main-traveled way.
5        (B) Interchange and intersection distance limitations shall be measured separately for each
6    direction of travel. A measurement for each direction of travel may not control or affect any other
7    direction of travel.
8        (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning or
9    ending of pavement widening at the exit from or entrance to the main-traveled way, if:
10        (A) the sign is at least 500 feet but not more than 2,640 feet from the nearest point of the
11    intersecting highway of the interchange; [and] or
12        [(B) the section of interstate highway or freeway was opened for use by the traveling
13    public on or after September 1, 1987.]
14        (B) the sign is replacing an existing outdoor advertising use or structure in place as of
15    January 1, 1995, which is being removed or displaced to accommodate the widening, construction,
16    or reconstruction of an interstate, federal aid primary highway existing as of June 1, 1991, or
17    national highway system highway, and it is located in a commercial or industrial zoned area inside
18    an urbanized county or an incorporated municipality.
19        (d) The location of signs situated on nonlimited access primary highways in commercial,
20    industrial, or H-1 zoned areas between streets, roads, or highways entering the primary highway
21    shall not exceed the following minimum spacing criteria:
22        (i) Where the distance between centerlines of intersecting streets, roads, or highways is
23    less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted between
24    the intersecting streets or highways.
25        (ii) Where the distance between centerlines of intersecting streets, roads, or highways is
26    1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
27        (e) All outdoor advertising shall be erected and maintained within the outdoor advertising
28    corridor.
29        [(3)] (4) Subsection [(2)](3)(c)(ii) may not be implemented until:
30        (a) the Utah-Federal Agreement for carrying out national policy relative to control of
31    outdoor advertising in areas adjacent to the national system of interstate and defense highways and

- 9 -


1    the federal-aid primary system is modified to allow the sign placement specified in Subsection
2    [(2)](3)(c)(ii); and
3        (b) the modified agreement under Subsection (a) is signed on behalf of both the state and
4    the United States Secretary of Transportation.
5        Section 6. Section 27-12-136.6 is amended to read:
6         27-12-136.6. Advertising -- Regulatory power of department -- Notice requirements.
7        (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
8    department may make rules no more restrictive than this chapter to:
9        [(1)] (a) control the erection and maintenance of outdoor advertising along the interstate
10    and primary highway systems;
11        [(2)] (b) provide for enforcement of this chapter;
12        [(3)] (c) establish the form, content, and submittal of applications to erect outdoor
13    advertising; and
14        [(4)] (d) establish administrative procedures.
15        (2) In addition to all other statutory notice requirements:
16        (a) the department shall give reasonably timely written notice to all outdoor advertising
17    permit holders of any changes or proposed changes in administrative rules made under authority
18    of the Utah Outdoor Advertising Act; and
19        (b) any county, municipality, or governmental entity shall, upon written request, give
20    reasonably timely written notice to all outdoor advertising permit holders within its jurisdiction
21    of any change or proposed change to the outdoor or off-premise advertising provisions of its
22    zoning provisions, codes, or ordinances.
23        Section 7. Section 27-12-136.7 is amended to read:
24         27-12-136.7. Advertising -- Permits -- Application requirements -- Duration -- Fees.
25        (1) (a) Outdoor advertising may not be maintained without a current permit.
26        (b) Applications for permits shall be made to the department on forms furnished by it.
27        (c) A permit must be obtained prior to installing each outdoor sign.
28        (d) The application for a permit shall be accompanied by an initial fee established under
29    Section 63-38-3.2.
30        (2) (a) Each permit issued by the department [expires on] is valid for a period of up to five
31    years and shall expire on June 30 of [each] the fifth year of the permit, or upon the expiration or

- 10 -


1    termination of the right to use the property, whichever is sooner.
2        (b) [Each] Upon renewal, each permit may be renewed for [a period] periods of [one year]
3    up to five years upon the filing of a renewal application and payment of a renewal fee established
4    under Section 63-38-3.2.
5        (3) Sign owners residing outside the state shall provide the department with a continuous
6    performance bond in the amount of $2,500.
7        (4) Fees may not be prorated for fractions of the permit period. Advertising copy may be
8    changed at any time without payment of an additional fee.
9        (5) (a) Each sign shall have its permit continuously affixed to the sign in a position visible
10    from the nearest traveled portion of the highway.
11        (b) The permit shall be affixed to the sign structure within 30 days after delivery by the
12    department to the permit holder, or within 30 days of the installation date of the sign structure.
13        (c) Construction of the sign structure shall begin with 180 days after delivery of the permit
14    by the department to the permit holder and construction shall be completed within 365 days after
15    delivery of the permit.
16        (6) The department may not accept any applications for a permit or issue any permit to
17    erect or maintain outdoor advertising within 500 feet of a permitted sign location except to the
18    permit holder or the permit holder's assigns until the permit has expired or has been terminated
19    pursuant to the procedures under Section 27-12-136.9.
20        (7) Permits are transferrable if the ownership of the permitted sign is transferred.
21        (8) Conforming, permitted sign structures may be altered, changed, remodeled, and
22    relocated subject to the provisions of Subsection (6).
23        Section 8. Section 27-12-136.9 is amended to read:
24         27-12-136.9. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial
25     review -- Costs of removal -- Civil and criminal liability for damaging regulated signs --
26     Immunity for Department of Transportation.
27        (1) Outdoor advertising is unlawful when:
28        (a) erected after May 9, 1967, contrary to the provisions of this chapter;
29        (b) a permit is not obtained as required by this chapter;
30        (c) a false or misleading statement has been made in the application for a permit that was
31    material to obtaining the permit; or

- 11 -


1        (d) the sign for which a permit was issued is not in a reasonable state of repair, is unsafe,
2    or is otherwise in violation of this chapter.
3        (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary
4    to this chapter is also a public nuisance.
5        (3) Except as provided in Subsection (4), in its enforcement of this section, the Department
6    of Transportation shall comply with the procedures and requirements of Title 63, Chapter 46b,
7    [the] Administrative Procedures Act.
8        (4) (a) The district courts shall have jurisdiction to review by trial de novo all final orders
9    of the Department of Transportation under this [section] act resulting from formal and informal
10    adjudicative proceedings.
11        (b) Venue for judicial review of final orders of the Department of Transportation shall be
12    in the county in which the sign is located.
13        (5) If the Department of Transportation is granted a judgment, the Department of
14    Transportation is entitled to have any nuisance abated and recover from the responsible person,
15    firm, or corporation, jointly and severally:
16        (a) the costs and expenses incurred in removing the sign; and
17        (b) $10 for each day the sign was maintained following the expiration of ten days after
18    notice of agency action was filed and served under Section 63-46b-3.
19        (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,
20    destroys, or uses any sign controlled under this chapter without the owner's permission is liable
21    to the owner of the sign for treble the amount of damage sustained and all costs of court, including
22    a reasonable attorney's fee, and is guilty of a class C misdemeanor.
23        (b) This subsection does not apply to the department, its agents, or employees if acting to
24    enforce this chapter.
25        Section 9. Section 27-12-136.10 is amended to read:
26         27-12-136.10. Existing outdoor advertising not in conformity with act -- When
27     removal required -- When relocation allowed.
28        (1) Any outdoor advertising lawfully in existence along the interstate or the primary
29    systems on the effective date of this act and which is not then in conformity with its provisions is
30    not required to be removed until five years after it becomes nonconforming or pursuant to the
31    provisions of Section 27-12-136.11.

- 12 -


1        (2) Any existing outdoor advertising structure that does not comply with Section
2    27-12-136.5, but that is located in an industrial and commercial area, an unzoned industrial and
3    commercial area, or an area where outdoor advertising would otherwise be permitted, may be
4    remodeled and relocated on the same property in a commercial or industrial zoned area.
5        Section 10. Section 27-12-136.11 is amended to read:
6         27-12-136.11. Existing outdoor advertising not in conformity with act -- Procedure
7     -- Eminent domain -- Compensation -- Relocation.
8        (1) As used in this section, "nonconforming sign" means a sign that has been erected in
9    a zone or area other than commercial or industrial or where outdoor advertising is not permitted
10    under this act.
11        [(1)] (2) (a) The department [is hereby empowered and authorized to] may acquire by gift,
12    purchase, agreement, exchange, or eminent domain, any existing outdoor advertising and all
13    property rights pertaining to [same] the outdoor advertising which were lawfully in existence on
14    May 9, 1967, and which by reason of this chapter become nonconforming.
15        (b) If the department, or any town, city, county, governmental entity, public utility, or any
16    agency or the United States Department of Transportation under this chapter, prevents the
17    maintenance as defined in Section 27-12-136.3 [or], requires that maintenance of an existing sign
18    be discontinued, or prevents the remodeling or relocation of a sign for safety reasons or as
19    authorized in Section 27-12-136.10, the sign in question shall be considered acquired by [such]
20    the entity and just compensation will become immediately due and payable.
21        (c) Eminent domain shall be exercised in accordance with the provision of Title 78,
22    Chapter 34, Eminent Domain.
23        [(2)] (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
24    pertaining to the same, including the right of the landowner upon whose land a sign is located,
25    acquired through the processes of eminent domain.
26        (b) For the purposes of this act, just compensation shall include the consideration of
27    damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
28    company's interest, which remaining properties, together with the properties actually condemned,
29    constituted an economic unit.
30        (c) The department is empowered to remove signs found in violation of Section
31    27-12-136.9 without payment of any compensation.

- 13 -


1        [(3) Nothing in] (4) (a) Except as specifically provided in Section 27-12-136.14 or
2    otherwise, this chapter [shall] may not be construed to permit a person to place or maintain any
3    outdoor advertising adjacent to any interstate or primary highway system which is prohibited by
4    law or by any town, city, or county ordinance. Any town, city, county, governmental entity, or
5    public utility which requires the removal, relocation, alteration, change, or termination of outdoor
6    advertising shall pay just compensation as defined in this chapter and in Title 78, Chapter 34.
7        (5) Except as provided in Section 27-12-136.9, no sign shall be required to be removed
8    by the department nor sign maintenance as described in [Section 27-12-136.11] this section be
9    discontinued unless at the time of removal or discontinuance there are sufficient funds, from
10    whatever source, appropriated and immediately available to pay the just compensation required
11    under this section and unless at that time the federal funds required to be contributed under Section
12    131 of Title 23, United States Code, if any, with respect to the outdoor advertising being removed,
13    have been appropriated and are immediately available to this state.
14        (6) (a) If any existing outdoor advertising use, structure, or permit as of January 1, 1995,
15    may not be continued because of the construction or reconstruction of an interstate or state
16    highway, the owner shall have the option to relocate the use, structure, or permit to another site
17    in the immediate geographic proximity of the original location that is acceptable to the owner and
18    that is located in a commercial or industrial zoned area.
19        (b) The relocation under Subsection (a) shall be allowed notwithstanding any contrary
20    county or municipal ordinances or covenants.
21        (7) If the outdoor advertising relocation is caused by state, county, or municipal action,
22    the cost of relocation, including removal costs and severance damages, shall be paid by the entity
23    unless the entity pays just compensation as provided in Subsection (2).
24        Section 11. Section 27-12-136.14 is enacted to read:
25         27-12-136.14. Base replacement of outdoor advertising.
26        Any outdoor advertising use or structure existing as of January 1, 1995, that may not be
27    continued because of the widening, construction, or reconstruction along an interstate, federal aid
28    primary highway existing as of June 1, 1991, national highway system highway, or state highway,
29    shall have the right to be relocated in the county or municipality where it existed under the
30    conditions that the new site is relocated on the existing or adjacent property in approximately the
31    same geographic location, unless the county or municipality elects to acquire the outdoor

- 14 -


1    advertising use or structure pursuant to the provisions of Section 17-27-407 or 10-9-408.
2        Section 13. Section 27-12-136.15 is enacted to read:
3         27-12-136.15. Landscape control program.
4        (1) As used in this section, "landscape control" means trimming or removal of seedlings,
5    saplings, trees and vegetation along the interstate, federal aid primary highway existing as of June
6    1, 1991, and national highway system right-of-way to provide clear visibility of outdoor
7    advertising.
8        (2) (a) The department shall establish a landscape control program as provided under this
9    section.
10        (b) Except as provided in this section, a person, including an outdoor advertising sign
11    owner or business owner may not perform or cause landscape control to be performed.
12        (3) (a) An outdoor advertising sign owner or business owner may submit a request for
13    landscape control to the department.
14        (b) Within 60 days of the request under Subsection (a), the department shall:
15        (i) conduct a field review of the request with a representative of the sign or business
16    owner, the department, and the Federal Highway Administration to consider the following issues
17    listed in their order of priority:
18        (A) safety;
19         (B) protection of highway features, including right-of-way and landscaping;
20        (C) aesthetics; and
21        (D) motorists' view of the sign or business; and
22        (ii) notify the sign or business owner what, if any, trimming, removal, restoration, banking,
23    or other landscape control shall be allowed as decided by the department, after consultation with
24    the Federal Highway Administration.
25        (c) If the sign or business owner elects to proceed, in accordance with the decision issued
26    under Subsection (c), the department shall issue a permit that describes what landscape control
27    may be allowed, assigns responsibility for costs, describes the safety measures to be observed, and
28    attaches any explanatory plans or other information.
29        (4) The department shall establish an appeals process within the department for landscape
30    control decisions made under Subsection (3).
31        (5) (a) A person who performs landscape control in violation of this section is guilty of

- 15 -


1    a class C misdemeanor, and is liable to the owner for treble the amount of damages sustained to
2    the landscape.
3        (b) Each permit issued under this section shall notify the permit holder of the penalties
4    under Subsection (5)(a).
5        Section 12. Section 27-12-136.16 is enacted to read:
6         27-12-136.16. Utah-Federal Agreement -- Severability clause.
7        (1) As used in this section, "Utah-Federal Agreement" means the agreement relating to
8    outdoor advertising that is described under Section 27-12-136.2, and it includes any modifications
9    to the agreement that are signed on behalf of both the state and the United States Secretary of
10    Transportation.
11        (2) The provisions of this act are subject to and shall be superseded by conflicting
12    provisions of the Utah-Federal Agreement.
13        (3) If any provision of this act or its application to any person or circumstance is found to
14    be unconstitutional, or in conflict with or superseded by the Utah-Federal Agreement, the
15    remainder of this act and the application of the provision to other persons or circumstances shall
16    not be affected by it.

- 16 -


[Bill Documents][Bills Directory]