1     
BILLBOARD RESTRICTIONS AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: David P. Hinkins

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to governmental entities' regulation of billboards.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits a municipality or county from taking certain actions to prevent a person
13     from building or maintaining a billboard;
14          ▸     provides that a municipality's or county's improper action preventing a billboard
15     owner from building or maintaining a billboard is void;
16          ▸     prevents a governmental entity from prohibiting the remodeling of an outdoor
17     advertising structure;
18          ▸     requires a governmental entity to provide notice of a proposed change in the
19     regulation of billboards;
20          ▸     addresses the information a municipality or county may require of an applicant for a
21     billboard permit;
22          ▸     extends the expiration of certain municipal and county billboard building permits
23     and billboard bank credits;
24          ▸     establishes a cause of action against a governmental entity that violates certain
25     provisions of this bill; and
26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:

28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          10-9a-213, as enacted by Laws of Utah 2019, Chapter 235
34          10-9a-512, as last amended by Laws of Utah 2018, Chapter 239
35          10-9a-513, as last amended by Laws of Utah 2018, Chapter 239
36          17-27a-213, as enacted by Laws of Utah 2019, Chapter 235
37          17-27a-511, as last amended by Laws of Utah 2018, Chapter 239
38          17-27a-512, as last amended by Laws of Utah 2018, Chapter 239
39          63G-7-301, as last amended by Laws of Utah 2020, Chapters 288, 338, and 365
40          72-7-506, as last amended by Laws of Utah 2008, Chapter 382
41          72-7-510, as last amended by Laws of Utah 2008, Chapter 3
42          72-7-510.5, as last amended by Laws of Utah 2009, Chapter 170
43          72-7-513, as last amended by Laws of Utah 1999, Chapter 72
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 10-9a-213 is amended to read:
47          10-9a-213. Hearing and notice procedures for modifying sign regulations.
48          (1) (a) Prior to any hearing or public meeting to consider a proposed land use
49     regulation or land use application modifying sign regulations for an illuminated sign within any
50     unified commercial development, as defined in Section 72-7-504.6, or within any planned unit
51     development, a municipality shall give written notice of the proposed illuminated sign to:
52          (i) each property owner within a 500 foot radius of the sign site;
53          (ii) a municipality or county within a 500 foot radius of the sign site; and
54          (iii) any outdoor advertising permit holder described in Subsection 72-7-506(2)[(b)](a).
55          (b) The notice described in Subsection (1)(a) shall include the schedule of public
56     meetings at which the proposed changes to land use regulations or land use application will be
57     discussed.
58          (2) A municipality shall require the property owner or applicant to commence in good

59     faith the construction of the commercial or industrial development within one year after the
60     installation of the illuminated sign.
61          Section 2. Section 10-9a-512 is amended to read:
62          10-9a-512. Termination of a billboard and associated rights -- Limitation on
63     municipal power to prevent billboards.
64          (1) A municipality may only require termination of a billboard and associated rights
65     through:
66          (a) gift;
67          (b) purchase;
68          (c) agreement;
69          (d) exchange; or
70          (e) eminent domain.
71          (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
72     of the billboard owner.
73          (3) A termination under Subsection (1)(e) requires the municipality to:
74          (a) acquire the billboard and associated rights through eminent domain, in accordance
75     with Title 78B, Chapter 6, Part 5, Eminent Domain, except as provided in Subsections
76     10-9a-513(2)(f) and (h); and
77          (b) after acquiring the rights under Subsection (3)(a), terminate the billboard and
78     associated rights.
79          (4) (a) Except as provided in Subsections (1) through (3), a municipality may not,
80     directly or indirectly, prevent a person from building or maintaining a billboard by:
81          (i) incentivizing, rewarding, compensating, encouraging, or requiring a landowner or
82     developer of land to:
83          (A) discontinue, terminate, limit, or not renew a billboard owner's right to erect or
84     maintain a billboard on the property; or
85          (B) refuse to enter into a future relationship with a billboard owner; or
86          (ii) as a condition of obtaining a permit necessary to build or maintain a billboard,
87     requiring the landowner or developer of land to take an action unrelated to the billboard.
88          (b) A municipality's action in violation of Subsection (4)(a) is void.
89          (5) (a) In a conveyance of real property from a municipality to another person, the

90     municipality may not restrict the purchaser's ability to place a billboard on the real property.
91          (b) A restriction described in Subsection (5)(a) is void.
92          (6) A municipality that violates Subsection (4) or (5) on or after May 5, 2021, is liable
93     to an injured person for:
94          (a) actual damages, or $350,000, whichever is greater; and
95          (b) attorney fees and costs that result from the violation.
96          Section 3. Section 10-9a-513 is amended to read:
97          10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removal
98     without providing compensation -- Limit on allowing nonconforming billboards to be
99     rebuilt or replaced -- Validity of municipal permit after issuance of state permit --
100     Billboard permit application requirements.
101          (1) As used in this section:
102          (a) "Clearly visible" means capable of being read without obstruction by an occupant of
103     a vehicle traveling on a street or highway within the visibility area.
104          (b) "Highest allowable height" means:
105          (i) if the height allowed by the municipality, by ordinance or consent, is higher than the
106     height under Subsection (1)(b)(ii), the height allowed by the municipality; or
107          (ii) (A) for a noninterstate billboard:
108          (I) if the height of the previous use or structure is 45 feet or higher, the height of the
109     previous use or structure; or
110          (II) if the height of the previous use or structure is less than 45 feet, the height of the
111     previous use or structure or the height to make the entire advertising content of the billboard
112     clearly visible, whichever is higher, but no higher than 45 feet; and
113          (B) for an interstate billboard:
114          (I) if the height of the previous use or structure is at or above the interstate height, the
115     height of the previous use or structure; or
116          (II) if the height of the previous use or structure is less than the interstate height, the
117     height of the previous use or structure or the height to make the entire advertising content of
118     the billboard clearly visible, whichever is higher, but no higher than the interstate height.
119          (c) "Interstate billboard" means a billboard that is intended to be viewed from a
120     highway that is an interstate.

121          (d) "Interstate height" means a height that is the higher of:
122          (i) 65 feet above the ground; and
123          (ii) 25 feet above the grade of the interstate.
124          (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
125     street or highway that is not an interstate.
126          (f) "Visibility area" means the area on a street or highway that is:
127          (i) defined at one end by a line extending from the base of the billboard across all lanes
128     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
129          (ii) defined on the other end by a line extending across all lanes of traffic of the street
130     or highway in a plane that is:
131          (A) perpendicular to the street or highway; and
132          (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
133          (II) for a noninterstate billboard, 300 feet from the base of the billboard.
134          (2) (a) If a billboard owner makes a written request to the municipality with
135     jurisdiction over the billboard to take an action described in Subsection (2)(b), the billboard
136     owner may take the requested action, without further municipal land use approval, 180 days
137     after the day on which the billboard owner makes the written request, unless within the 180-day
138     period the municipality:
139          (i) in an attempt to acquire the billboard and associated rights through eminent domain
140     under Section 10-9a-512 for the purpose of terminating the billboard and associated rights:
141          (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
142     Eminent Domain, before the filing of an eminent domain action; and
143          (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
144     Eminent Domain;
145          (ii) denies the request in accordance with Subsection (2)(d); or
146          (iii) requires the billboard owner to remove the billboard in accordance with
147     Subsection (3).
148          (b) Subject to Subsection (2)(a), a billboard owner may:
149          [(i) rebuild, maintain, repair, or restore a billboard structure that is damaged by
150     casualty, an act of God, or vandalism;]
151          [(ii)] (i) relocate or rebuild a billboard structure, or take another measure, to correct a

152     mistake in the placement or erection of a billboard for which the municipality issued a permit,
153     if the proposed relocation, rebuilding, or other measure is consistent with the intent of that
154     permit;
155          [(iii)] (ii) structurally modify or upgrade a billboard;
156          [(iv)] (iii) relocate a billboard into any commercial, industrial, or manufacturing zone
157     within the municipality's boundaries, if the relocated billboard is:
158          (A) within 5,280 feet of the billboard's previous location; and
159          (B) no closer than 300 feet from an off-premise sign existing on the same side of the
160     street or highway, or if the street or highway is an interstate or limited access highway that is
161     subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed
162     under that act between the relocated billboard and an off-premise sign existing on the same side
163     of the interstate or limited access highway; or
164          [(v)] (iv) make one or more of the following modifications, as the billboard owner
165     determines, to a billboard that is structurally altered by modification or upgrade under
166     Subsection (2)(b)[(iii)](ii), by relocation under Subsection (2)(b)[(iv)](iii), or by any
167     combination of these alterations:
168          (A) erect the billboard:
169          (I) to the highest allowable height; and
170          (II) as the owner determines, to an angle that makes the entire advertising content of
171     the billboard clearly visible; or
172          (B) install a sign face on the billboard that is at least the same size as, but no larger
173     than, the sign face on the billboard before the billboard's relocation.
174          (c) A modification under Subsection (2)(b)[(v)](iv) shall comply with Title 72, Chapter
175     7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
176          (d) A municipality may deny a billboard owner's request to relocate or rebuild a
177     billboard structure, or to take other measures, in order to correct a mistake in the placement or
178     erection of a billboard without acquiring the billboard and associated rights through eminent
179     domain under Section 10-9a-512, if the mistake in placement or erection of the billboard is
180     determined by clear and convincing evidence, in a proceeding that protects the billboard
181     owner's due process rights, to have resulted from an intentionally false or misleading statement:
182          (i) by the billboard applicant in the application; and

183          (ii) regarding the placement or erection of the billboard.
184          (e) A municipality that acquires a billboard and associated rights through eminent
185     domain under Section 10-9a-512 shall pay just compensation to the billboard owner in an
186     amount that is:
187          (i) the value of the existing billboard at a fair market capitalization rate, based on
188     actual annual revenue, less any annual rent expense;
189          (ii) the value of any other right associated with the billboard;
190          (iii) the cost of the sign structure; and
191          (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the
192     billboard owner's interest is a part.
193          (f) If a municipality commences an eminent domain action under Subsection (2)(a)(i):
194          (i) the provisions of Section 78B-6-510 do not apply; and
195          (ii) the municipality may not take possession of the billboard or the billboard's
196     associated rights until:
197          (A) completion of all appeals of a judgment allowing the municipality to acquire the
198     billboard and associated rights; and
199          (B) the billboard owner receives payment of just compensation, described in
200     Subsection (2)(e).
201          (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
202     billboard owner may proceed, without further municipal land use approval, to take an action
203     requested under Subsection (2)(a), if the municipality's eminent domain action commenced
204     under Subsection (2)(a)(i) is dismissed without an order allowing the municipality to acquire
205     the billboard and associated rights.
206          (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
207     time before the municipality takes possession of the billboard or the billboard's associated
208     rights in accordance with Subsection (2)(f)(ii).
209          (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
210     the court shall dismiss the municipality's eminent domain action to acquire the billboard or
211     associated rights.
212          (3) Notwithstanding Section 10-9a-512, a municipality may require the owner of a
213     billboard to remove the billboard without acquiring the billboard and associated rights through

214     eminent domain if:
215          (a) the municipality determines:
216          (i) by clear and convincing evidence that the applicant for a permit intentionally made a
217     false or misleading statement in the applicant's application regarding the placement or erection
218     of the billboard; or
219          (ii) by substantial evidence that the billboard:
220          (A) is structurally unsafe;
221          (B) is in an unreasonable state of repair; or
222          (C) has been abandoned for at least 12 months;
223          (b) the municipality notifies the billboard owner in writing that the billboard owner's
224     billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);
225          (c) the billboard owner fails to remedy the condition or conditions within:
226          (i) 180 days after the day on which the billboard owner receives written notice under
227     Subsection (3)(b); or
228          (ii) if the condition forming the basis of the municipality's intention to remove the
229     billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary
230     because of a natural disaster, after the day on which the billboard owner receives written notice
231     under Subsection (3)(b); and
232          (d) following the expiration of the applicable period under Subsection (3)(c) and after
233     providing the billboard owner with reasonable notice of proceedings and an opportunity for a
234     hearing, the municipality finds:
235          (i) by clear and convincing evidence, that the applicant for a permit intentionally made
236     a false or misleading statement in the application regarding the placement or erection of the
237     billboard; or
238          (ii) by substantial evidence that the billboard is structurally unsafe, is in an
239     unreasonable state of repair, or has been abandoned for at least 12 months.
240          (4) A municipality may not allow a nonconforming billboard to be rebuilt or replaced
241     by anyone other than the billboard's owner, or the billboard's owner acting through a contractor,
242     within 500 feet of the nonconforming location.
243          (5) A permit that a municipality issues, extends, or renews for a billboard remains valid
244     beginning on the day on which the municipality issues, extends, or renews the permit and

245     ending 180 days after the day on which a required state permit is issued for the billboard if:
246          (a) the billboard requires a state permit; and
247          (b) an application for the state permit is filed within 30 days after the day on which the
248     municipality issues, extends, or renews a permit for the billboard.
249          (6) A municipality may not require a billboard owner to obtain a permit to:
250          (a) perform any type of maintenance on an existing billboard unless the maintenance
251     requires structural engineering; or
252          (b) replace a digital or static face on an existing billboard after the billboard owner
253     demonstrates that the billboard structure has been engineered to accommodate the digital or
254     static billboard face.
255          (7) A municipality may not prevent a billboard owner from rebuilding, maintaining,
256     repairing, or restoring a billboard structure that is damaged by casualty, an act of God, or
257     vandalism.
258          (8) (a) A municipality may not require an applicant for a billboard permit to provide a
259     copy of any agreement between the applicant and the owner of the property where the applicant
260     proposes to place the billboard.
261          (b) A municipality may require an applicant for a billboard permit to attest to the
262     applicant's right to place and maintain a billboard on the property where the applicant proposes
263     to place the billboard.
264          (9) A municipal billboard building permit or billboard bank credit that expires during
265     the time period beginning March 15, 2020, and ending June 30, 2021, is extended to December
266     31, 2022.
267          Section 4. Section 17-27a-213 is amended to read:
268          17-27a-213. Hearing and notice procedures for modifying sign regulations.
269          (1) (a) Prior to any hearing or public meeting to consider a proposed land use
270     regulation or land use application modifying sign regulations for an illuminated sign within any
271     unified commercial development, as defined in Section 72-7-504.6, or within any planned unit
272     development, a county shall give written notice of the proposed illuminated sign to:
273          (i) each property owner within a 500 foot radius of the sign site;
274          (ii) a municipality or county within a 500 foot radius of the sign site; and
275          (iii) any outdoor advertising permit holder described in Subsection 72-7-506(2)[(b)](a).

276          (b) The notice described in Subsection (1)(a) shall include the schedule of public
277     meetings at which the proposed changes to land use regulations or land use application will be
278     discussed.
279          (2) A county shall require the property owner or applicant to commence in good faith
280     the construction of the commercial or industrial development within one year after the
281     installation of the illuminated sign.
282          Section 5. Section 17-27a-511 is amended to read:
283          17-27a-511. Termination of a billboard and associated rights -- Limitation on
284     county power to prevent billboards.
285          (1) A county may only require termination of a billboard and associated rights through:
286          (a) gift;
287          (b) purchase;
288          (c) agreement;
289          (d) exchange; or
290          (e) eminent domain.
291          (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
292     of the billboard owner.
293          (3) A termination under Subsection (1)(e) requires the county to:
294          (a) acquire the billboard and associated rights through eminent domain, in accordance
295     with Title 78B, Chapter 6, Part 5, Eminent Domain, except as provided in Subsections
296     17-27a-512(2)(f) and (h); and
297          (b) after acquiring the rights under Subsection (3)(a), terminate the billboard and
298     associated rights.
299          (4) (a) Except as provided in Subsections (1) through (3), a county may not, directly or
300     indirectly, prevent a person from building or maintaining a billboard by:
301          (i) incentivizing, rewarding, compensating, encouraging, or requiring a landowner or
302     developer of land to:
303          (A) discontinue, terminate, limit, or not renew a billboard owner's right to erect or
304     maintain a billboard on the property; or
305          (B) refuse to enter into a future relationship with a billboard owner; or
306          (ii) as a condition of obtaining a permit necessary to build or maintain a billboard,

307     requiring the landowner or developer of land to take an action unrelated to the billboard.
308          (b) A county's action in violation of Subsection (4)(a) is void.
309          (5) (a) In a conveyance of real property from a county to another person, the county
310     may not restrict the purchaser's ability to place a billboard on the real property.
311          (b) A restriction described in Subsection (5)(a) is void.
312          (6) A county that violates Subsection (4) or (5) on or after May 5, 2021, is liable to an
313     injured person for:
314          (a) actual damages, or $350,000, whichever is greater; and
315          (b) attorney fees and costs that result from the violation.
316          Section 6. Section 17-27a-512 is amended to read:
317          17-27a-512. County's acquisition of billboard by eminent domain -- Removal
318     without providing compensation -- Limit on allowing nonconforming billboard to be
319     rebuilt or replaced -- Validity of county permit after issuance of state permit -- Billboard
320     permit application requirements.
321          (1) As used in this section:
322          (a) "Clearly visible" means capable of being read without obstruction by an occupant of
323     a vehicle traveling on a street or highway within the visibility area.
324          (b) "Highest allowable height" means:
325          (i) if the height allowed by the county, by ordinance or consent, is higher than the
326     height under Subsection (1)(b)(ii), the height allowed by the county; or
327          (ii) (A) for a noninterstate billboard:
328          (I) if the height of the previous use or structure is 45 feet or higher, the height of the
329     previous use or structure; or
330          (II) if the height of the previous use or structure is less than 45 feet, the height of the
331     previous use or structure or the height to make the entire advertising content of the billboard
332     clearly visible, whichever is higher, but no higher than 45 feet; and
333          (B) for an interstate billboard:
334          (I) if the height of the previous use or structure is at or above the interstate height, the
335     height of the previous use or structure; or
336          (II) if the height of the previous use or structure is less than the interstate height, the
337     height of the previous use or structure or the height to make the entire advertising content of

338     the billboard clearly visible, whichever is higher, but no higher than the interstate height.
339          (c) "Interstate billboard" means a billboard that is intended to be viewed from a
340     highway that is an interstate.
341          (d) "Interstate height" means a height that is the higher of:
342          (i) 65 feet above the ground; and
343          (ii) 25 feet above the grade of the interstate.
344          (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
345     street or highway that is not an interstate.
346          (f) "Visibility area" means the area on a street or highway that is:
347          (i) defined at one end by a line extending from the base of the billboard across all lanes
348     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
349          (ii) defined on the other end by a line extending across all lanes of traffic of the street
350     or highway in a plane that is:
351          (A) perpendicular to the street or highway; and
352          (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
353          (II) for a noninterstate billboard, 300 feet from the base of the billboard.
354          (2) (a) If a billboard owner makes a written request to the county with jurisdiction over
355     the billboard to take an action described in Subsection (2)(b), the billboard owner may take the
356     requested action, without further county land use approval, 180 days after the day on which the
357     billboard owner makes the written request, unless within the 180-day period the county:
358          (i) in an attempt to acquire the billboard and associated rights through eminent domain
359     under Section 17-27a-511 for the purpose of terminating the billboard and associated rights:
360          (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
361     Eminent Domain, before the filing of an eminent domain action; and
362          (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
363     Eminent Domain;
364          (ii) denies the request in accordance with Subsection (2)(d); or
365          (iii) requires the billboard owner to remove the billboard in accordance with
366     Subsection (3).
367          (b) Subject to Subsection (2)(a), a billboard owner may:
368          [(i) rebuild, maintain, repair, or restore a billboard structure that is damaged by

369     casualty, an act of God, or vandalism;]
370          [(ii)] (i) relocate or rebuild a billboard structure, or take another measure, to correct a
371     mistake in the placement or erection of a billboard for which the county issued a permit, if the
372     proposed relocation, rebuilding, or other measure is consistent with the intent of that permit;
373          [(iii)] (ii) structurally modify or upgrade a billboard;
374          [(iv)] (iii) relocate a billboard into any commercial, industrial, or manufacturing zone
375     within the unincorporated area of the county, if the relocated billboard is:
376          (A) within 5,280 feet of the billboard's previous location; and
377          (B) no closer than 300 feet from an off-premise sign existing on the same side of the
378     street or highway, or if the street or highway is an interstate or limited access highway that is
379     subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed
380     under that act between the relocated billboard and an off-premise sign existing on the same side
381     of the interstate or limited access highway; or
382          [(v)] (iv) make one or more of the following modifications, as the billboard owner
383     determines, to a billboard that is structurally altered by modification or upgrade under
384     Subsection (2)(b)[(iii)](ii), by relocation under Subsection (2)(b)[(iv)](iii), or by any
385     combination of these alterations:
386          (A) erect the billboard:
387          (I) to the highest allowable height; and
388          (II) as the owner determines, to an angle that makes the entire advertising content of
389     the billboard clearly visible; or
390          (B) install a sign face on the billboard that is at least the same size as, but no larger
391     than, the sign face on the billboard before the billboard's relocation.
392          (c) A modification under Subsection (2)(b)[(v)](iv) shall comply with Title 72, Chapter
393     7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
394          (d) A county may deny a billboard owner's request to relocate or rebuild a billboard
395     structure, or to take other measures, in order to correct a mistake in the placement or erection of
396     a billboard without acquiring the billboard and associated rights through eminent domain under
397     Section 17-27a-511, if the mistake in placement or erection of the billboard is determined by
398     clear and convincing evidence, in a proceeding that protects the billboard owner's due process
399     rights, to have resulted from an intentionally false or misleading statement:

400          (i) by the billboard applicant in the application; and
401          (ii) regarding the placement or erection of the billboard.
402          (e) A county that acquires a billboard and associated rights through eminent domain
403     under Section 17-27a-511 shall pay just compensation to the billboard owner in an amount that
404     is:
405          (i) the value of the existing billboard at a fair market capitalization rate, based on
406     actual annual revenue, less any annual rent expense;
407          (ii) the value of any other right associated with the billboard;
408          (iii) the cost of the sign structure; and
409          (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the
410     billboard owner's interest is a part.
411          (f) If a county commences an eminent domain action under Subsection (2)(a)(i):
412          (i) the provisions of Section 78B-6-510 do not apply; and
413          (ii) the county may not take possession of the billboard or the billboard's associated
414     rights until:
415          (A) completion of all appeals of a judgment allowing the county to acquire the
416     billboard and associated rights; and
417          (B) the billboard owner receives payment of just compensation, described in
418     Subsection (2)(e).
419          (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
420     billboard owner may proceed, without further county land use approval, to take an action
421     requested under Subsection (2)(a), if the county's eminent domain action commenced under
422     Subsection (2)(a)(i) is dismissed without an order allowing the county to acquire the billboard
423     and associated rights.
424          (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
425     time before the county takes possession of the billboard or the billboard's associated rights in
426     accordance with Subsection (2)(f)(ii).
427          (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
428     the court shall dismiss the county's eminent domain action to acquire the billboard or
429     associated rights.
430          (3) Notwithstanding Section 17-27a-511, a county may require an owner of a billboard

431     to remove the billboard without acquiring a billboard and associated rights through eminent
432     domain if:
433          (a) the county determines:
434          (i) by clear and convincing evidence that the applicant for a permit intentionally made a
435     false or misleading statement in the applicant's application regarding the placement or erection
436     of the billboard; or
437          (ii) by substantial evidence that the billboard:
438          (A) is structurally unsafe;
439          (B) is in an unreasonable state of repair; or
440          (C) has been abandoned for at least 12 months;
441          (b) the county notifies the billboard owner in writing that the billboard owner's
442     billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);
443          (c) the billboard owner fails to remedy the condition or conditions within:
444          (i) 180 days after the day on which the billboard owner receives written notice under
445     Subsection (3)(b); or
446          (ii) if the condition forming the basis of the county's intention to remove the billboard
447     is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a
448     natural disaster, after the day on which the billboard owner receives written notice under
449     Subsection (3)(b); and
450          (d) following the expiration of the applicable period under Subsection (3)(c) and after
451     providing the billboard owner with reasonable notice of proceedings and an opportunity for a
452     hearing, the county finds:
453          (i) by clear and convincing evidence, that the applicant for a permit intentionally made
454     a false or misleading statement in the application regarding the placement or erection of the
455     billboard; or
456          (ii) by substantial evidence that the billboard is structurally unsafe, is in an
457     unreasonable state of repair, or has been abandoned for at least 12 months.
458          (4) A county may not allow a nonconforming billboard to be rebuilt or replaced by
459     anyone other than the billboard's owner, or the billboard's owner acting through a contractor,
460     within 500 feet of the nonconforming location.
461          (5) A permit that a county issues, extends, or renews for a billboard remains valid

462     beginning on the day on which the county issues, extends, or renews the permit and ending 180
463     days after the day on which a required state permit is issued for the billboard if:
464          (a) the billboard requires a state permit; and
465          (b) an application for the state permit is filed within 30 days after the day on which the
466     county issues, extends, or renews a permit for the billboard.
467          (6) A county may not require a billboard owner to obtain a permit to:
468          (a) perform any type of maintenance on an existing billboard unless the maintenance
469     requires structural engineering; or
470          (b) replace a digital or static face on an existing billboard after the billboard owner
471     demonstrates that the billboard structure has been engineered to accommodate the digital or
472     static billboard face.
473          (7) A county may not prevent a billboard owner from rebuilding, maintaining,
474     repairing, or restoring a billboard structure that is damaged by casualty, an act of God, or
475     vandalism.
476          (8) (a) A county may not require an applicant for a billboard permit to provide a copy
477     of any agreement between the applicant and the owner of the property where the applicant
478     proposes to place the billboard.
479          (b) A county may require an applicant for a billboard permit to attest to the applicant's
480     right to place and maintain a billboard on the property where the applicant proposes to place
481     the billboard.
482          (9) A county billboard building permit or billboard bank credit that expires during the
483     time period beginning March 15, 2020, and ending June 30, 2021, is extended to December 31,
484     2022.
485          Section 7. Section 63G-7-301 is amended to read:
486          63G-7-301. Waivers of immunity.
487          (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
488     obligation.
489          (b) Actions arising out of contractual rights or obligations are not subject to the
490     requirements of Section 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
491          (c) The Division of Water Resources is not liable for failure to deliver water from a
492     reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development

493     Act, if the failure to deliver the contractual amount of water is due to drought, other natural
494     condition, or safety condition that causes a deficiency in the amount of available water.
495          (2) Immunity from suit of each governmental entity is waived:
496          (a) as to any action brought to recover, obtain possession of, or quiet title to real or
497     personal property;
498          (b) as to any action brought to foreclose mortgages or other liens on real or personal
499     property, to determine any adverse claim on real or personal property, or to obtain an
500     adjudication about any mortgage or other lien that the governmental entity may have or claim
501     on real or personal property;
502          (c) as to any action based on the negligent destruction, damage, or loss of goods,
503     merchandise, or other property while it is in the possession of any governmental entity or
504     employee, if the property was seized for the purpose of forfeiture under any provision of state
505     law;
506          (d) subject to Subsection 63G-7-302(1), as to any action brought under the authority of
507     Utah Constitution, Article I, Section 22, for the recovery of compensation from the
508     governmental entity when the governmental entity has taken or damaged private property for
509     public uses without just compensation;
510          (e) subject to Subsection 63G-7-302(2), as to any action brought to recover attorney
511     fees under Sections 63G-2-405 and 63G-2-802;
512          (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
513     Act;
514          (g) as to any action brought to obtain relief from a land use regulation that imposes a
515     substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
516     Land Use Act;
517          (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
518          (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
519     crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
520          (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
521     or other public improvement;
522          (i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury
523     proximately caused by a negligent act or omission of an employee committed within the scope

524     of employment; [and]
525          (j) notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from
526     a sexual battery, as provided in Section 76-9-702.1, committed:
527          (i) against a student of a public elementary or secondary school, including a charter
528     school; and
529          (ii) by an employee of a public elementary or secondary school or charter school who:
530          (A) at the time of the sexual battery, held a position of special trust, as defined in
531     Section 76-5-404.1, with respect to the student;
532          (B) is criminally charged in connection with the sexual battery; and
533          (C) the public elementary or secondary school or charter school knew or in the exercise
534     of reasonable care should have known, at the time of the employee's hiring, to be a sex
535     offender, as defined in Section 77-41-102, required to register under Title 77, Chapter 41, Sex
536     and Kidnap Offender Registry, whose status as a sex offender would have been revealed in a
537     background check under Section 53G-11-402[.]; and
538          (k) as to any action brought under Subsection 10-9a-512(4) or (5), 17-27a-511(4) or
539     (5), or 72-7-506(2) for monetary relief and attorney fees.
540          (3) (a) As used in this Subsection (3):
541          (i) "Code of conduct" means a code of conduct that:
542          (A) is not less stringent than a model code of conduct, created by the State Board of
543     Education, establishing a professional standard of care for preventing the conduct described in
544     Subsection (3)(a)(i)(D);
545          (B) is adopted by the applicable local education governing body;
546          (C) regulates behavior of a school employee toward a student; and
547          (D) includes a prohibition against any sexual conduct between an employee and a
548     student and against the employee and student sharing any sexually explicit or lewd
549     communication, image, or photograph.
550          (ii) "Local education agency" means:
551          (A) a school district;
552          (B) a charter school; or
553          (C) the Utah Schools for the Deaf and the Blind.
554          (iii) "Local education governing board" means:

555          (A) for a school district, the local school board;
556          (B) for a charter school, the charter school governing board; or
557          (C) for the Utah Schools for the Deaf and the Blind, the state board.
558          (iv) "Public school" means a public elementary or secondary school.
559          (v) "Sexual abuse" means the offense described in Subsection 76-5-404.1(2).
560          (vi) "Sexual battery" means the offense described in Section 76-9-702.1, considering
561     the term "child" in that section to include an individual under age 18.
562          (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
563     claim against a local education agency for an injury resulting from a sexual battery or sexual
564     abuse committed against a student of a public school by a paid employee of the public school
565     who is criminally charged in connection with the sexual battery or sexual abuse, unless:
566          (i) at the time of the sexual battery or sexual abuse, the public school was subject to a
567     code of conduct; and
568          (ii) before the sexual battery or sexual abuse occurred, the public school had:
569          (A) provided training on the code of conduct to the employee; and
570          (B) required the employee to sign a statement acknowledging that the employee has
571     read and understands the code of conduct.
572          (4) (a) As used in this Subsection (4):
573          (i) "Higher education institution" means an institution included within the state system
574     of higher education under Section 53B-1-102.
575          (ii) "Policy governing behavior" means a policy adopted by a higher education
576     institution or the Utah Board of Higher Education that:
577          (A) establishes a professional standard of care for preventing the conduct described in
578     Subsections (4)(a)(ii)(C) and (D);
579          (B) regulates behavior of a special trust employee toward a subordinate student;
580          (C) includes a prohibition against any sexual conduct between a special trust employee
581     and a subordinate student; and
582          (D) includes a prohibition against a special trust employee and subordinate student
583     sharing any sexually explicit or lewd communication, image, or photograph.
584          (iii) "Sexual battery" means the offense described in Section 76-9-702.1.
585          (iv) "Special trust employee" means an employee of a higher education institution who

586     is in a position of special trust, as defined in Section 76-5-404.1, with a higher education
587     student.
588          (v) "Subordinate student" means a student:
589          (A) of a higher education institution; and
590          (B) whose educational opportunities could be adversely impacted by a special trust
591     employee.
592          (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
593     claim for an injury resulting from a sexual battery committed against a subordinate student by a
594     special trust employee, unless:
595          (i) the institution proves that the special trust employee's behavior that otherwise would
596     constitute a sexual battery was:
597          (A) with a subordinate student who was at least 18 years old at the time of the
598     behavior; and
599          (B) with the student's consent; or
600          (ii) (A) at the time of the sexual battery, the higher education institution was subject to
601     a policy governing behavior; and
602          (B) before the sexual battery occurred, the higher education institution had taken steps
603     to implement and enforce the policy governing behavior.
604          Section 8. Section 72-7-506 is amended to read:
605          72-7-506. Advertising -- Regulatory power of department -- Notice requirements.
606          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
607     department may make rules no more restrictive than this chapter to:
608          (a) control the erection and maintenance of outdoor advertising along the interstate and
609     primary highway systems;
610          (b) provide for enforcement of this chapter;
611          (c) establish the form, content, and submittal of applications to erect outdoor
612     advertising; and
613          (d) establish administrative procedures.
614          [(2) In addition to all other statutory notice requirements:]
615          [(a) the department shall give reasonably timely written notice to all outdoor
616     advertising permit holders of any changes or proposed changes in administrative rules made

617     under authority of this part; and]
618          [(b) any county, municipality, or governmental entity shall, upon written request, give
619     reasonably timely written notice to all outdoor advertising permit holders within its jurisdiction
620     of any change or proposed change to the outdoor or off-premise advertising provisions of its
621     zoning provisions, codes, or ordinances.]
622          (2) (a) In addition to all other statutory notice requirements, a governmental entity that
623     intends to enact or change the governmental entity's rule, code, ordinance, statute, policy, or
624     other requirement that affects or will affect outdoor advertising or an off-premise sign shall
625     provide to each outdoor advertising permit holder within the government entity's jurisdiction:
626          (i) reasonably timely written notice of the proposal and opportunities for input;
627          (ii) an opportunity for the permit holder to provide meaningful input before each of the
628     following events:
629          (A) the governmental entity considers the proposed change at a public meeting for the
630     first time; and
631          (B) the governmental entity takes any action on the proposed change, including final
632     action, at a public meeting; and
633          (iii) notice of any public meeting at which the proposed change will be discussed.
634          (b) If a governmental entity fails to comply with Subsection (2)(a):
635          (i) the governmental entity's action adopting the change is void; and
636          (ii) the governmental entity is liable for a permit holder's damages resulting from the
637     change and reasonable attorney fees.
638          Section 9. Section 72-7-510 is amended to read:
639          72-7-510. Existing outdoor advertising not in conformity with part -- Procedure
640     -- Eminent domain -- Compensation -- Relocation.
641          (1) As used in this section, "nonconforming sign" means a sign that has been erected in
642     a zone or area other than commercial or industrial or where outdoor advertising is not
643     permitted under this part.
644          (2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent
645     domain, any existing outdoor advertising and all property rights pertaining to the outdoor
646     advertising which were lawfully in existence on May 9, 1967, and which by reason of this part
647     become nonconforming.

648          [(b) If the department, or any town, city, county, governmental entity, public utility, or
649     any agency or the United States Department of Transportation under this part, prevents the
650     maintenance as defined in Section 72-7-502, or requires that maintenance of an existing sign be
651     discontinued, the sign in question shall be considered acquired by the entity and just
652     compensation will become immediately due and payable.]
653          (b) A governmental entity or public utility may not prevent or interfere with
654     maintenance of an existing sign unless the governmental entity or public utility acquires the
655     sign by eminent domain.
656          (c) Eminent domain shall be exercised in accordance with [the provision of] Title 78B,
657     Chapter 6, Part 5, Eminent Domain.
658          (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
659     pertaining to the same, including the right of the landowner upon whose land a sign is located,
660     acquired through the processes of eminent domain.
661          (b) For the purposes of this part, just compensation shall include the consideration of
662     damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
663     company's interest, which remaining properties, together with the properties actually
664     condemned, constituted an economic unit.
665          (c) The department is empowered to remove signs found in violation of Section
666     72-7-508 without payment of any compensation.
667          (4) Except as specifically provided in this section or Section 72-7-513, this part may
668     not be construed to permit a person to place or maintain any outdoor advertising adjacent to
669     any interstate or primary highway system which is prohibited by law or by any town, city, or
670     county ordinance. Any town, city, county, governmental entity, or public utility which requires
671     the removal, relocation, alteration, change, or termination of outdoor advertising shall pay just
672     compensation as defined in this part and in Title 78B, Chapter 6, Part 5, Eminent Domain.
673          (5) Except as provided in Section 72-7-508, no sign shall be required to be removed by
674     the department nor sign maintenance as described in this section be discontinued unless at the
675     time of removal or discontinuance there are sufficient funds, from whatever source,
676     appropriated and immediately available to pay the just compensation required under this
677     section and unless at that time the federal funds required to be contributed under 23 U.S.C.,
678     Sec. 131, if any, with respect to the outdoor advertising being removed, have been appropriated

679     and are immediately available to this state.
680          (6) (a) If any outdoor advertising use, structure, or permit may not be continued
681     because of the widening, construction, or reconstruction along an interstate, federal aid primary
682     highway existing as of June 1, 1991, or national highway systems highway, the owner shall
683     have the option to relocate and remodel the use, structure, or permit to another location:
684          (i) on the same property;
685          (ii) on adjacent property;
686          (iii) on the same highway within 5,280 feet of the previous location, which may be
687     extended 5,280 feet outside the areas described in Subsection 72-7-505(3)(c)(i)(A), on either
688     side of the same highway; or
689          (iv) mutually agreed upon by the owner and the county or municipality in which the
690     use, structure, or permit is located.
691          (b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned
692     area or where outdoor advertising is permitted under this part.
693          (c) The county or municipality in which the use or structure is located shall, if
694     necessary, provide for the relocation and remodeling by ordinance for a special exception to its
695     zoning ordinance.
696          (d) The relocated and remodeled use or structure may be:
697          (i) erected to a height and angle to make it clearly visible to traffic on the main-traveled
698     way of the highway to which it is relocated or remodeled;
699          (ii) the same size and at least the same height as the previous use or structure, but the
700     relocated use or structure may not exceed the size and height permitted under this part; and
701          (iii) relocated to a comparable vehicular traffic count.
702          (7) (a) The governmental entity, quasi-governmental entity, or public utility that causes
703     the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a)
704     shall pay the costs related to the relocation, remodeling, or acquisition.
705          (b) If a governmental entity prohibits the relocation and remodeling as provided in
706     Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
707          Section 10. Section 72-7-510.5 is amended to read:
708          72-7-510.5. Height adjustments for outdoor advertising signs.
709          (1) If the view and readability of an outdoor advertising sign, including a sign that is a

710     nonconforming sign as defined in Section 72-7-510, a noncomplying structure as defined in
711     Sections 10-9a-103 and 17-27a-103, or a nonconforming use as defined in Sections 10-9a-103
712     and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change,
713     construction, directional sign, highway widening, or aesthetic improvement made by an agency
714     of this state, along an interstate, federal aid primary highway existing as of June 1, 1991,
715     national highway systems highway, or state highway or by an improvement created on real
716     property subsequent to the department's disposal of the property under Section 72-5-111, the
717     owner of the sign may:
718          (a) adjust the height of the sign; [or]
719          (b) relocate the sign to a point within 500 feet of its prior location, if the sign complies
720     with the spacing requirements under Section 72-7-505 and is in a commercial or industrial
721     zone[.]; or
722          (c) both Subsections (1)(a) and (b).
723          (2) A height adjusted sign under this section does not constitute a substantial change to
724     the sign.
725          (3) The county or municipality in which the outdoor advertising sign is located shall, if
726     necessary, provide for the height adjustment or relocation by ordinance for a special exception
727     to its zoning ordinance.
728          (4) (a) The height adjusted sign:
729          (i) may be erected:
730          (A) to a height to make the entire advertising content of the sign clearly visible; and
731          (B) to an angle to make the entire advertising content of the sign clearly visible; and
732          (ii) shall be the same size as the previous sign.
733          (b) The provisions of Subsection (4)(a) are an exception to the height requirements
734     under Section 72-7-505.
735          Section 11. Section 72-7-513 is amended to read:
736          72-7-513. Relocation on state highways.
737          (1) As used in this section, "state highway" means those highways designated as state
738     highways in Title 72, Chapter 4, Designation of State Highways Act, on July 1, 1999, and any
739     subsequently designated state highway.
740          (2) If any outdoor advertising use or structure may not be continued because of the

741     widening, construction, or reconstruction along a state highway, the owner shall have the
742     option to relocate and remodel the use or structure to another location:
743          (a) on the same property;
744          (b) on adjacent property;
745          (c) within 2,640 feet of the previous location on either side of the same highway; or
746          (d) mutually agreed upon by the owner and the county or municipality in which the
747     use, structure, or permit is located.
748          (3) The relocation under Subsection (2) shall be in a commercial or industrial zoned
749     area or where outdoor advertising is permitted under this part.
750          (4) The county or municipality in which the use or structure is located shall, if
751     necessary, provide for the relocation and remodeling by ordinance for a special exception to its
752     zoning ordinance.
753          (5) The relocated and remodeled use or structure may be:
754          (a) erected to a height and angle to make it clearly visible to traffic on the
755     main-traveled way of the highway to which it is relocated or remodeled;
756          (b) the same size and at least the same height as the previous use or structure, but the
757     relocated use or structure may not exceed the size and height permitted under this part; and
758          (c) relocated to a comparable vehicular traffic count.
759          (6) (a) The governmental entity, quasi-governmental entity, or public utility that causes
760     the need for the outdoor advertising relocation or remodeling as provided in Subsection (2)
761     shall pay the costs related to the relocation, remodeling, or acquisition.
762          (b) If a governmental entity prohibits the relocation and remodeling as provided in
763     Subsection (2)(a), (b), or (c), it shall pay just compensation as provided in Subsection
764     72-7-510(3).