Third 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 OUTDOOR ADVERTISING USES; AMENDING DEFINITIONS; PROVIDING FOR
8 THE RELOCATION OF CERTAIN OUTDOOR ADVERTISING; REQUIRING THE
9 DEPARTMENT OF TRANSPORTATION TO ESTABLISH A LANDSCAPE CONTROL
10 PROGRAM RELATED TO OUTDOOR ADVERTISING; AND MAKING TECHNICAL
11 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 (1) A municipality may only require termination of a billboard and associated property
5 rights through:
6 (a) gift;
7 (b) purchase;
8 (c) agreement;
9 (d) exchange; or
10 (e) eminent domain.
11 (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
12 of the billboard owner.
13 Section 2. Section 17-27-409 is enacted to read:
14 17-27-409. Existing outdoor advertising uses.
15 (1) A county may only require termination of a billboard and associated property rights
16 through:
17 (a) gift;
18 (b) purchase;
19 (c) agreement;
20 (d) exchange; or
21 (e) eminent domain.
22 (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
23 of the billboard owner.
24 Section 3. Section 27-12-136.2 is amended to read:
25 27-12-136.2. Purpose of act.
26 The purpose of this act is to provide the statutory basis for the regulation of outdoor
27 advertising consistent with zoning principles and standards and the public policy of this state in
28 providing public safety, health, welfare, convenience and enjoyment of public travel, to protect
29 the public investment in [such] highways, to preserve the natural scenic beauty of lands bordering
30 on [such] highways, and to ensure that outdoor advertising shall be continued as a standardized
31 medium of communication throughout the state so that it is preserved and can continue to provide

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

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

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

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1 state, or local law.
2 [(16)] (17) "Off-premise signs" means signs located in areas zoned industrial, commercial,
3 or H-1 and in areas determined by the department to be unzoned industrial or commercial.
4 [(17)] (18) "On-premise signs" means signs used to advertise the major activities
5 conducted on the property where the sign is located.
6 [(18)] (19) "Outdoor advertising" [or "outdoor signs" or "sign"] means any outdoor
7 advertising structure[,] [display, light device, figure, painting, drawing, message, plaque, poster,
8 billboard, or other thing designed, intended, or used to advertise or inform] or outdoor structure
9 used in combination with an outdoor advertising sign or outdoor sign.
10 [(19) (a)] (20) "Outdoor advertising corridor" means[: (i)] a strip of land [100] 350 feet
11 wide, 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 (21) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
19 including any necessary devices, supports, appurtenances, and lighting that is part of or supports
20 an outdoor sign.
21 (22) "Point of widening" means the point of the gore or the point where the intersecting
22 lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
23 than 2,640 feet from the center line of the intersecting highway of the interchange or intersection
24 at grade.
25 [(20) "Primary system" means that portion of connected main highways located within this
26 state officially designated by the department and approved by the United States Secretary of
27 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 in a commercial or industrial zoned area as a substitute.
30 (24) "Relocation and replacement" means allowing all outdoor advertising signs or permits
31 the right to maintain outdoor advertising along the interstate, federal aid primary highway existing

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1 as of June 1, 1991, and national highway system highways to be maintained in a commercial or
2 industrial zoned area regardless of the need for their removal to accommodate the displacement,
3 remodeling, or widening 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 and that is located in a commercial or industrial area.
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] the maximum allowed square footage.
12 (c) [Double-faced] Two or more advertising messages on a sign face and double-faced,
13 back-to-back, stacked, side-by-side, and V-type signs are permitted as a single sign or structure
14 if both faces enjoy common ownership.
15 (d) A changeable message sign is permitted if the interval between message changes is not
16 more frequent than at least eight seconds and the actual message rotation process is accomplished
17 in three seconds or less.
18 [(2) Sign spacing:]
19 (2) (a) An outdoor sign structure located inside the unincorporated area of a non-urbanized
20 county may have the maximum height allowed by the county for outdoor advertising structures
21 in the commercial or industrial zone in which the sign is located. If no maximum height is
22 provided for the location, the maximum sign height may be 65 feet above the ground or 25 feet
23 above the grade of the main traveled way, 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 outdoor advertising
26 structures in the commercial or industrial zone in which the sign is located. If no maximum height
27 is provided for the location, the maximum sign height may be 65 feet above the ground or 25 feet
28 above the grade of the main 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 [shall] may not be closer than 500 feet to an existing off-premise

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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; [and] or
24 [(B) the section of interstate highway or freeway was opened for use by the traveling
25 public on or after September 1, 1987.]
26 (B) the sign is replacing an existing outdoor advertising use or structure which is being
27 removed or displaced to accommodate the widening, construction, or reconstruction of an
28 interstate, federal aid primary highway existing as of June 1, 1991, or national highway system
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,

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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
9 corridor.
10 [(3)] (4) Subsection [(2)](3)(c)(ii) may not be implemented until:
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
14 [(2)](3)(c)(ii); and
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:
21 [(1)] (a) control the erection and maintenance of outdoor advertising along the interstate
22 and primary highway systems;
23 [(2)] (b) provide for enforcement of this chapter;
24 [(3)] (c) establish the form, content, and submittal of applications to erect outdoor
25 advertising; and
26 [(4)] (d) establish administrative procedures.
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, upon written request, give

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1 reasonably timely written notice to all outdoor advertising permit holders within its jurisdiction
2 of any change or proposed change to the outdoor or off-premise advertising provisions of its
3 zoning provisions, codes, or ordinances.
4 Section 7. Section 27-12-136.7 is amended to read:
5 27-12-136.7. Advertising -- Permits -- Application requirements -- Duration -- Fees.
6 (1) (a) Outdoor advertising may not be maintained without a current permit.
7 (b) Applications for permits shall be made to the department on forms furnished by it.
8 (c) A permit must be obtained prior to installing each outdoor sign.
9 (d) The application for a permit shall be accompanied by an initial fee established under
10 Section 63-38-3.2.
11 (2) (a) Each permit issued by the department [expires on] is valid for a period of up to five
12 years and shall expire on June 30 of [each] the fifth year of the permit, or upon the expiration or
13 termination of the right to use the property, whichever is sooner.
14 (b) [Each] Upon renewal, each permit may be renewed for [a period] periods of [one year]
15 up to five years upon the filing of a renewal application and payment of a renewal fee established
16 under Section 63-38-3.2.
17 (3) Sign owners residing outside the state shall provide the department with a continuous
18 performance bond in the amount of $2,500.
19 (4) Fees may not be prorated for fractions of the permit period. Advertising copy may be
20 changed at any time without payment of an additional fee.
21 (5) (a) Each sign shall have its permit continuously affixed to the sign in a position visible
22 from the nearest traveled portion of the highway.
23 (b) The permit shall be affixed to the sign structure within 30 days after delivery by the
24 department to the permit holder, or within 30 days of the installation date of the sign structure.
25 (c) Construction of the sign structure shall begin within 180 days after delivery of the
26 permit by the department to the permit holder and construction shall be completed within 365 days
27 after delivery of the permit.
28 (6) The department may not accept any applications for a permit or issue any permit to
29 erect or maintain outdoor advertising within 500 feet of a permitted sign location except to the
30 permit holder or the permit holder's assigns until the permit has expired or has been terminated
31 pursuant to the procedures under Section 27-12-136.9.

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1 (7) Permits are transferrable if the ownership of the permitted sign is transferred.
2 (8) Conforming, permitted sign structures may be altered, changed, remodeled, and
3 relocated subject to the provisions of Subsection (6).
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 in a commercial or industrial zoned area, or another
17 area where outdoor advertising would otherwise be permitted under this act.
18 Section 10. Section 27-12-136.11 is amended to read:
19 27-12-136.11. Existing outdoor advertising not in conformity with act -- Procedure
20 -- Eminent domain -- Compensation -- Relocation.
21 (1) As used in this section, "nonconforming sign" means a sign that has been erected in
22 a zone or area other than commercial or industrial or where outdoor advertising is not permitted
23 under this act.
24 [(1)] (2) (a) The department [is hereby empowered and authorized to] may acquire by gift,
25 purchase, agreement, exchange, or eminent domain, any existing outdoor advertising and all
26 property rights pertaining to [same] the outdoor advertising which were lawfully in existence on
27 May 9, 1967, and which by reason of this chapter become nonconforming.
28 (b) If the department, or any town, city, county, governmental entity, public utility, or any
29 agency or the United States Department of Transportation under this chapter, prevents the
30 maintenance as defined in Section 27-12-136.3 [or], requires that maintenance of an existing sign
31 be discontinued, the sign in question shall be considered acquired by [such] the entity and just

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1 compensation will become immediately due and payable.
2 (c) Eminent domain shall be exercised in accordance with the provision of Title 78,
3 Chapter 34, Eminent Domain.
4 [(2)] (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
5 pertaining to the same, including the right of the landowner upon whose land a sign is located,
6 acquired through the processes of eminent domain.
7 (b) For the purposes of this act, just compensation shall include the consideration of
8 damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
9 company's interest, which remaining properties, together with the properties actually condemned,
10 constituted an economic unit.
11 (c) The department is empowered to remove signs found in violation of Section
12 27-12-136.9 without payment of any compensation.
13 [(3) Nothing in] (4) Except as specifically provided in Section 27-12-136.14 or otherwise,
14 this chapter [shall] may not be construed to permit a person to place or maintain any outdoor
15 advertising adjacent to any interstate or primary highway system which is prohibited by law or by
16 any town, city, or county ordinance. Any town, city, county, governmental entity, or public utility
17 which requires the removal, relocation, alteration, change, or termination of outdoor advertising
18 shall pay just compensation as defined in this chapter and in Title 78, Chapter 34.
19 (5) Except as provided in Section 27-12-136.9, no sign shall be required to be removed
20 by the department nor sign maintenance as described in [Section 27-12-136.11] this section be
21 discontinued unless at the time of removal or discontinuance there are sufficient funds, from
22 whatever source, appropriated and immediately available to pay the just compensation required
23 under this section and unless at that time the federal funds required to be contributed under Section
24 131 of Title 23, United States Code, if any, with respect to the outdoor advertising being removed,
25 have been appropriated and are immediately available to this state.
26 (6) (a) If any outdoor advertising use, structure, or permit may not be continued because
27 of the widening, construction, or reconstruction along an interstate, federal aid primary highway
28 existing as of June 1, 1991, or national highway systems highway, the owner shall have the option
29 to relocate and remodel the use, structure, or permit to another location:
30 (i) on the same property;
31 (ii) on adjacent property;

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1 (iii) within 5280 feet of the previous location, which may be extended 5280 feet outside
2 the areas described in Subsection 27-12-136.5 (3)(c)(i)(A), on either side of the same highway; or
3 (iv) mutually agreed upon by the owner and the county or municipality in which the use,
4 structure, or permit is located.
5 (b) The relocation under Subsection (a) shall be in a commercial or industrial zoned area
6 or where outdoor advertising is permitted under this act.
7 (c) The county or municipality in which the use or structure is located shall, if necessary,
8 provide for the relocation and remodeling by ordinance for a special exception to its zoning
9 ordinance.
10 (d) The relocated and remodeled use or structure may be:
11 (i) erected to a height and angle to make it clearly visible to traffic on the main traveled
12 way of the highway;
13 (ii) at least the same size and height as the previous use or structure, but the relocated use
14 or structure may not exceed the size and height permitted under this act;
15 (iii) relocated to a comparable vehicular traffic count.
16 (7) (a) The governmental entity, quasi-governmental entity, or public utility that causes
17 the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a) shall
18 pay the costs related to the relocation, remodeling, or acquisition.
19 (b) If a governmental entity prohibits the relocation and remodeling as provided in
20 Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
21 Section 11. Section 27-12-136.14 is enacted to read:
22 27-12-136.14. Base replacement of outdoor advertising.
23 (1) If any outdoor advertising use or structure may not be continued because of the
24 widening, construction, or reconstruction along a state highway, the owner shall have the option
25 to relocate and remodel the use or structure to another location:
26 (a) on the same property;
27 (b) on adjacent property;
28 (c) within 2640 feet of the previous location on either side of the same highway; or
29 (d) mutually agreed upon by the owner and the county or municipality in which the use,
30 structure, or permit is located.
31 (2) The relocation under Subsection (1) shall be in a commercial or industrial zoned area

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1 or where outdoor advertising is permitted under this act.
2 (3) The county or municipality in which the use or structure is located shall, if necessary,
3 provide for the relocation and remodeling by ordinance for a special exception to its zoning
4 ordinance.
5 (4) The relocated and remodeled use or structure may be:
6 (a) erected to a height and angle to make it clearly visible to traffic on the main traveled
7 way of the highway;
8 (b) at least the same size and height as the previous use or structure, but the relocated use
9 or structure may not exceed the size and height permitted under this act;
10 (c) relocated to a comparable vehicular traffic count.
11 (5) (a) The governmental entity, quasi-governmental entity, or public utility that causes
12 the need for the outdoor advertising relocation or remodeling as provided in Subsection (1) shall
13 pay the costs related to the relocation, remodeling, or acquisition.
14 (b) If a governmental entity prohibits the relocation and remodeling as provided in
15 Subsection (1)(a), (b), or (c), it shall pay just compensation as provided in Subsection
16 27-12-136.11(3).
17 Section 13. Section 27-12-136.15 is enacted to read:
18 27-12-136.15. Landscape control program.
19 (1) As used in this section, "landscape control" means trimming or removal of seedlings,
20 saplings, trees and vegetation along the interstate, federal aid primary highway existing as of June
21 1, 1991, and national highway system right-of-way to provide clear visibility of outdoor
22 advertising.
23 (2) (a) The department shall establish a landscape control program as provided under this
24 section.
25 (b) Except as provided in this section, a person, including an outdoor advertising sign
26 owner or business owner may not perform or cause landscape control to be performed.
27 (3) (a) An outdoor advertising sign owner or business owner may submit a request for
28 landscape control to the department.
29 (b) Within 60 days of the request under Subsection (a), the department shall:
30 (i) conduct a field review of the request with a representative of the sign or business
31 owner, the department, and the Federal Highway Administration to consider the following issues

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1 listed in their order of priority:
2 (A) safety;
3 (B) protection of highway features, including right-of-way and landscaping;
4 (C) aesthetics; and
5 (D) motorists' view of the sign or business; and
6 (ii) notify the sign or business owner what, if any, trimming, removal, restoration, banking,
7 or other landscape control shall be allowed as decided by the department, after consultation with
8 the Federal Highway Administration.
9 (c) If the sign or business owner elects to proceed, in accordance with the decision issued
10 under Subsection (c), the department shall issue a permit that describes what landscape control
11 may be allowed, assigns responsibility for costs, describes the safety measures to be observed, and
12 attaches any explanatory plans or other information.
13 (4) The department shall establish an appeals process within the department for landscape
14 control decisions made under Subsection (3).
15 (5) (a) A person who performs landscape control in violation of this section is guilty of
16 a class C misdemeanor, and is liable to the owner for treble the amount of damages sustained to
17 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
25 Transportation.
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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