April 26, 2018, Introduced by Senator CASPERSON and referred to the Committee on Transportation.
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending sections 2, 3, 4, 6, 7, 7a, 9, 17, 17a, 19, and 23 (MCL
252.302, 252.303, 252.304, 252.306, 252.307, 252.307a, 252.309,
252.317, 252.317a, 252.319, and 252.323), sections 2, 4, 6, 7, 7a,
and 17 as amended and section 17a as added by 2014 PA 2 and
sections 3, 9, and 19 as amended by 2006 PA 448, and by adding
section 8; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Abandoned or discontinued sign or sign structure" or
"abandoned sign" means a sign or sign structure subject to this
act, the owner of which has failed to secure a permit, has failed
to identify the sign or sign structure, or has failed to respond to
notice.
(b) "Adjacent area" means the area measured from the nearest
edge of the right-of-way of an interstate highway, freeway, or
primary highway and, in urbanized areas, extending 3,000 feet
perpendicularly and then along a line parallel to the right-of-way
line or, outside of urbanized areas, extending perpendicularly to
the limit where a sign is visible and then along a line parallel to
the right-of-way line.
(c)
"Annual permit" means a permit for a billboard under this
act.
(c) (d)
"Billboard" means a sign
separate from a premises
erected for the purpose of advertising a product, event, person, or
subject not related to the premises on which the sign is located.
Billboard does not include an off-premises directional sign.
(d) (e)
"Business area" means an
adjacent area that is zoned
by a state, county, township, or municipal zoning authority for
industrial or commercial purposes, customarily referred to as "b"
or business, "c" or commercial, "i" or industrial, "m" or
manufacturing, and "s" or service, and all other similar
classifications and that is within a city, village, or charter
township or is within 1 mile of the corporate limits of a city,
village, or charter township or is beyond 1 mile of the corporate
limits of a city, village, or charter township and contains 1 or
more permanent structures devoted to the industrial or commercial
purposes described in this subdivision and that extends along the
highway a distance of 800 feet beyond each edge of the activity.
Each side of the highway is considered separately in applying this
definition except that where it is not topographically feasible for
a sign or sign structure to be erected or maintained on the same
side of the highway as the permanent structure devoted to
industrial or commercial purposes, a business area may be
established on the opposite side of a primary highway in an area
zoned commercial or industrial or in an unzoned area with the
approval of the state highway commission. A permanent structure
devoted to industrial or commercial purposes does not result in the
establishment of a business area on both sides of the highway. All
measurements shall be from the outer edge of the regularly used
building, parking lot, or storage or processing area of the
commercial or industrial activity and not from the property lines
of the activities and shall be along or parallel to the edge or
pavement of the highway. Commercial or industrial purposes are
those activities generally restricted to commercial or industrial
zones in jurisdictions that have zoning. Business area includes an
adjacent area that is zoned by a county, city, village, township,
or charter township zoning authority as part of a comprehensive
land development project or planned unit development in which
commercial or industrial activity is the primary use of the zoning.
As used in this subdivision, "primary use" means that at least 75%
of the total actual and planned development is, and will remain,
commercial or industrial. In addition, the following activities are
not commercial or industrial:
(i) Agricultural, animal husbandry, forestry, grazing,
farming, and related activities, including, but not limited to,
wayside fresh produce stands.
(ii) Transient or temporary activities.
(iii) Activities not visible from the main-traveled way.
(iv) Activities conducted in a building principally used as a
residence, or in a building located on property that is used
principally for residential purposes or for the activities in
subparagraph (i).
(v) Railroad tracks and minor sidings.
(vi) Outdoor advertising.
(vii) Activities more than 660 feet from the main-traveled
way.
(viii) Activities that have not been in continuous operation
of a business or commercial nature for at least 2 years.
(ix) Public utility facilities, whether regularly staffed or
not.
(x) Structures associated with on-site outdoor recreational
activities such as riding stables, golf course shops, and
campground offices.
(xi) Activities conducted in a structure for which an
occupancy permit has not been issued or that is not a fully
enclosed building, having all necessary utility service and
sanitary facilities required for its intended commercial or
industrial use.
(xii) A storage facility for a business or other activity not
located on the same property, except a storage building having at
least 10 separate units that are available for rent by the public.
(xiii) A temporary business solely established to qualify as
commercial or industrial activity under this act.
(e) (f)
"Department" means the
state transportation
department.
(f) (g)
"Destroyed sign" means a
nonconforming sign that has
been damaged by storm, fire, or other casualty that requires
customary maintenance and repair in excess of 60% of the
replacement cost of a new sign structure constructed of equivalent
materials and equipment. Destroyed sign does not include a
nonconforming sign that has been damaged by vandalism or a
negligent act of a person.
(g) (h)
"Digital billboard" means
a sign or sign structure
that utilizes an electronic means to display a series of messages
that are changed by electronic means. Digital billboard does not
include a sign that contains an embedded electronic message device
or a trivision sign.
(h) (i)
"Digital billboard
permit" means a permit for a
digital billboard that is renewable on an annual basis.
(i) (j)
"Directional sign" means
a sign that contains only
directional information regarding and the identification of 1 of
the following:
(i) A public or private activity or attraction that is owned
or operated by the federal or a state or local government or an
agency of the federal or a state or local government.
(ii) A publicly or privately owned natural phenomenon or a
historic, cultural, scientific, educational, or religious site.
(iii) An area that is in the interest of the traveling public,
if the area is of natural scenic beauty or is naturally suited for
outdoor recreation.
(j) (k)
"Embedded electronic message
device" means an
accessory that is made part of a sign, sign face, or sign structure
with a total area that is less than that of the sign face to which
it is attached, and displays only static messages containing text
or numbers that are directly associated with the current
advertiser. Embedded electronic message device does not include a
digital billboard or a device that displays graphics other than
messages containing text or numbers.
(k) (l) "Erect"
means to construct, build, raise, assemble,
place, affix, attach, create, paint, draw, or in any other way
bring into being or establish.
(l) (m)
"Existing vegetation"
means trees, bushes, and ground
cover that the department intends to maintain and that are at least
the same size as similar vegetation that the department would
customarily install and maintain or allow to be installed and
maintained as part of a roadside management plan, roadside
management project, or landscaping project.
(m) (n)
"Freeway" means a divided
highway of not less than 2
lanes in each direction to which owners or occupants of abutting
property or the public do not have a right of ingress or egress to,
from, or across the highway, except at points determined by or as
otherwise provided by the authorities responsible for the freeway.
(n) (o)
"Incorporated
municipality" means a city, village, or
charter township.
(o) (p)
"Index" means the Detroit
consumer price index
Consumer Price Index for all urban consumers published by the
United
States bureau Bureau of labor statistics Labor Statistics
or, if that index ceases to be published by the United States
bureau
Bureau of labor statistics, Labor Statistics, the published
index that most closely measures inflation, as determined by the
department.
(p) (q)
"Interim permit" means a
permit that can be utilized
by the applicant to construct a sign structure that is visible from
a freeway, interstate, or primary highway.
(q) (r)
"Interstate highway"
means a highway officially
designated as a part of the national system of interstate and
defense highways by the department and approved by the federal
government under 23 USC 103.
(r) (s)
"Location" means a place
where a sign structure
subject to this act is located.
(s) (t)
"Main-traveled way" means
the traveled way of a
highway on which through traffic is carried. Main-traveled way
includes the traveled way of each of the separate roadways for
traffic in opposite directions on a divided highway. Main-traveled
way does not include facilities such as frontage roads, turning
roadways, or parking areas.
(t) (u)
"Maintain" means to allow
to exist and includes the
periodic changing of advertising messages, and customary
maintenance and repair of signs and sign structures.
(u) (v)
"Nationally known" means
an activity or attraction
that is all of the following:
(i) An active part of a national advertising promotion.
(ii) Listed on a national register, if applicable.
(iii) Staffed and maintains a register of visitors.
(iv) Listed in national travel guides.
(v) Organized to provide information or conducted tours for a
significant portion of the year, or for at least 3 months if the
activity or attraction is seasonal in nature.
(v) (w)
"Nonconforming sign"
means a sign or sign structure,
other than a nonstandard sign or a sign that is erected and
maintained in a business area along a scenic byway prior to the
designation as a scenic byway, that satisfies 1 of the following:
(i) Was legally erected before March 31, 1972 but could not be
legally erected under the current provisions of this act.
(ii) Is a sign or sign structure regulated under this act that
was
legally erected permitted after March 31, 1972 but could not be
legally erected under the current provisions of this act.
(w) (x)
"Nonstandard sign" means
a sign or sign structure
other than a nonconforming sign, that is subject to this act, was
legally
erected permitted on or before March 23, 1999, is not a
nonconforming sign, and does not comply with the spacing
requirements
in section 17(1), 17, but otherwise complies with this
act.
(x) (y)
"On-premises sign" means
a sign advertising activities
conducted or maintained on the property on which it is located. The
boundary of the property shall be as determined by tax rolls, deed
registrations, and apparent land use delineations. If a sign
consists principally of brand name or trade name advertising and
the product or service advertised is only incidental to the
principal activity conducted or maintained on the property, or if
the sign brings rental income to the property owner or sign owner,
it shall be considered the business of outdoor advertising and not
an on-premises sign. On-premises sign does not include a sign on a
narrow strip of land contiguous to the advertised activity, or a
sign on an easement on adjacent property, when the purpose is
clearly to circumvent the intent of this act.
(y) "Permit" means a license required under this act to
maintain or erect a billboard visible from a regulated route.
(z) "Permit holder" means a person that has been issued a
permit or a person to whom a permit for a specific sign location
has been transferred.
(aa) (z)
"Person" means any
individual, partnership, private
association, or corporation, state, county, city, village,
township, charter township, or other public or municipal
association or corporation.
(bb) (aa)
"Primary highway" means a
highway other than an
interstate highway or freeway that is a regulated route.
(cc) (bb)
"Regionally known" means
an activity or attraction
that is all of the following:
(i) Known throughout this state or the peninsula of this state
in which the activity or attraction is located and in 1 or more
states adjoining this state.
(ii) Listed on a state register, if applicable.
(iii) Staffed and maintains a register of visitors.
(iv) Organized to provide information or conducted tours for a
significant portion of the year, or for at least 3 months if the
activity or attraction is seasonal in nature.
(dd) (cc)
"Regulated route" means
an interstate highway,
freeway, or primary highway required to be regulated under 23 USC
131 and any other route that is required to be regulated or may
become required to be regulated by the department under this act or
another state or federal statute or legal requirement.
(ee) (dd)
"Religious organization
sign" means a sign, not
larger than 8 square feet, that gives notice of religious services.
(ff) (ee)
"Scenic byway" means a
regulated route that is
required to be regulated as a scenic byway under 23 USC 131.
(gg) (ff)
"Secondary highway" means
a state secondary road or
county primary road.
(hh) (gg)
"Service club sign" means
a sign, not larger than 8
square feet, that gives notice about nonprofit service clubs or
charitable associations.
(ii) (hh)
"Sign" means any outdoor
sign, display, device,
figure, painting, drawing, message, placard, poster, billboard, or
other thing, whether placed individually or on a T-type, V-type,
back to back, or double-faced display, that is designed, intended,
or used to advertise or inform.
(jj) "Sign owner" means a person that demonstrates ownership
of a sign structure, regardless of whether that person holds a
permit for the sign.
(kk) (ii)
"Sign structure" means
the assembled components that
make up an outdoor advertising display, including, but not limited
to, uprights, supports, facings, and trim. A sign structure may
contain 1 or 2 signs per facing and may be double-faced, back to
back, T-type, or V-type.
(ll) (jj)
"Tobacco product" means
any tobacco product sold to
the general public and includes, but is not limited to, cigarettes,
tobacco snuff, and chewing tobacco.
(mm) (kk)
"Trivision sign" means a
sign or sign structure that
uses mechanical means to display more than 1 message in sequence.
(nn) (ll) "Unzoned
commercial or industrial area" means an
area that is within an adjacent area, that is not zoned by state or
local law, regulation, or ordinance, that contains 1 or more
permanent structures devoted to the industrial or commercial
purposes
described in subdivision (e), (d),
and that extends along
the highway a distance of 800 feet beyond each edge of the
activity. Each side of the highway is considered separately in
applying this definition except that where it is not
topographically feasible for a sign or sign structure to be erected
or maintained on the same side of the highway as the permanent
structure devoted to industrial or commercial purposes, an unzoned
commercial or industrial area may be established on the opposite
side of a primary highway in an area zoned commercial or industrial
or in an unzoned area with the approval of the state highway
commission. A permanent structure devoted to industrial or
commercial purposes does not result in the establishment of an
unzoned commercial or industrial area on both sides of the highway.
All measurements shall be from the outer edge of the regularly used
building, parking lot, or storage or processing area of the
commercial or industrial activity and not from the property lines
of the activities and shall be along or parallel to the edge or
pavement of the highway. Commercial or industrial purposes are
those activities generally restricted to commercial or industrial
zones in jurisdictions that have zoning. In addition, the following
activities are not commercial or industrial:
(i) Agricultural, animal husbandry, forestry, grazing, farming
and related activities, including, but not limited to, wayside
fresh produce stands.
(ii) Transient or temporary activities.
(iii) Activities not visible from the main-traveled way.
(iv) Activities conducted in a building principally used as a
residence, or in a building located on property that is used
principally for residential purposes or for the activities in
subparagraph (i).
(v) Railroad tracks and minor sidings.
(vi) Outdoor advertising.
(vii) Activities more than 660 feet from the main-traveled
way.
(viii) Activities that have not been in continuous operation
of a business or commercial nature for at least 2 years.
(ix) Public utility facilities, whether regularly staffed or
not.
(x) Structures associated with on-site outdoor recreational
activities such as riding stables, golf course shops, and
campground offices.
(xi) Activities conducted in a structure for which an
occupancy permit has not been issued or that is not a fully
enclosed building, having all necessary utility service and
sanitary facilities required for its intended commercial or
industrial use.
(xii) A storage facility for a business or other activity not
located on the same property, except a storage building having at
least 10 separate units that are available for rent by the public.
(xiii) A temporary business solely established to qualify as
commercial or industrial activity under this act.
(oo) (mm)
"Visible" means a sign
that has a message that is
capable of being seen by an individual of normal visual acuity when
traveling in a motor vehicle.
Sec. 3. To improve and enhance scenic beauty consistent with
section
131 of title 23 of the United States Code, 23 USC 131 , and
to limit and reduce the illegal possession and use of tobacco by
minors, the legislature finds it appropriate to regulate and
control outdoor advertising and outdoor advertising as it pertains
to tobacco adjacent to the streets, roads, highways, and freeways
within
this state and that outdoor advertising is serves a public
need as a legitimate accessory commercial use of private property,
is an integral part of the marketing function, and is an
established segment of the economy of this state.
Sec. 4. This act regulates and controls the size, lighting,
and spacing of signs and sign structures in adjacent areas and
occupies the whole field of that regulation and control except for
the following:
(a) A county, city, village, township, or charter township may
enact ordinances to regulate and control the operation, size,
lighting, and spacing of signs and sign structures but shall not
permit a sign or sign structure that is otherwise prohibited by
this act or require or cause the removal of lawfully erected signs
or sign structures subject to this act without the payment of just
compensation.
A sign owner shall apply for an annual a permit
pursuant
to under section 6 for each sign to be maintained or to be
erected within that county, city, village, charter township, or
township. A sign erected or maintained within that county, city,
village, township, or charter township shall also comply with all
applicable provisions of this act. An ordinance or code adopted by
a county, city, village, township, or charter township that
regulates the operation, size, lighting, or spacing of signs and
sign structures and that is more stringent than the laws of this
state is not made void by this act.
(b) A county, city, village, charter township, or township
vested by law with authority to enact zoning codes has full
authority under its own zoning codes or ordinances to establish
commercial or industrial areas and the actions of a county, city,
village, charter township, or township in so doing shall be
accepted for the purposes of this act. However, except as provided
in subdivision (a), zoning that is not part of a comprehensive
zoning plan and is taken primarily to permit outdoor advertising
structures shall not be accepted for purposes of this act. A zone
in which limited commercial or industrial activities are permitted
as incidental to other primary land uses is not a commercial or
industrial zone for outdoor advertising control purposes.
(c) An ordinance or code of a city, village, township, or
charter township that existed on March 31, 1972 and that prohibits
signs or sign structures is not made void by this act.
(d) A county ordinance that regulates and controls the size,
lighting, and spacing of signs and sign structures shall only apply
in a township within the county if the township has not enacted an
ordinance to regulate and control the size, lighting, and spacing
of signs and sign structures.
(e) A county, on its own initiative or at the request of a
city, village, township, or charter township within that county,
may prepare a model ordinance as described in subdivision (a). A
city, village, township, or charter township within that county may
adopt the model ordinance.
Sec.
6. (1) A sign owner shall apply for an annual a permit
on
a form prescribed by the department for each sign or sign structure
to be maintained or erected in an adjacent area where the facing of
the sign or sign structure is visible from a regulated route. The
form shall require the name and business address of the applicant,
the name and address of the owner of the property on which the sign
or sign structure is to be located, the date the sign or sign
structure, if currently maintained, was erected, the zoning
classification of the property, a precise description of where the
sign or sign structure is or will be situated and a certification
that
the sign or sign structure is not prohibited by section 18(a),
(b),
(c), or (d) 18 and that the sign or sign structure does not
violate any provisions of this act. The sign permit application
shall include a statement signed by the owner of the land on which
the sign or sign structure is to be placed, acknowledging that no
trees or shrubs in the adjacent highway right-of-way may be
removed, trimmed, or in any way damaged or destroyed without the
written authorization of the department. The department may require
documentation to verify the zoning, the consent of the land owner,
and any other matter considered essential to the evaluation of
compliance with this act. A sign owner shall apply for a separate
annual
permit for each sign or sign
structure for each regulated
route subject to this act from which the facing of the sign or sign
structure is visible.
(2)
The owner of a sign or sign structure shall apply for an
annual
a permit for each sign or sign structure that becomes
subject to the permit requirements of this act because of a change
in highway designation or other reason not within the control of
the sign owner within 2 months after receiving notice from the
department that the sign or sign structure is subject to the permit
requirements
of this act. Both of the following apply to an annual
a permit issued under this subsection:
(a)
The annual permit is not subject to section 7a.
(b)
The annual permit may not be surrendered for an interim
permit under section 7a(3).
(3)
In addition to an annual a
permit under subsection (1), a
sign owner shall apply for and the department shall issue a digital
billboard permit for each digital billboard that is not a
nonconforming sign and that meets the requirements of section 17(3)
to be maintained or erected in an adjacent area where the facing of
the sign or sign structure is visible from a regulated route. The
information provided by an applicant under this subsection shall be
on a form prescribed by the department. A sign owner shall apply
for a separate digital billboard permit for each sign or sign
structure allowed under section 17(3) for each regulated route from
which the facing of the sign or sign structure is visible. The
owner of a sign or sign structure shall apply for a digital
billboard permit for each digital billboard that becomes subject to
the permit requirements of this act because of a change in highway
designation or other reason not within the control of the sign
owner within 2 months after receiving notice from the department
that the sign or sign structure is subject to the permit
requirements of this act. Both of the following apply to a digital
billboard permit issued under this subsection:
(a) The digital billboard permit is not subject to section 7a.
(b) The digital billboard permit may not be surrendered for an
interim permit under section 7a(3).
(4)
Notwithstanding any other provision of this act, within 90
days
after the effective date of the amendatory act that added this
subsection,
the owner of a digital billboard that was legally
erected
before the effective date of the amendatory act that added
this
subsection shall apply for, and the department shall issue, a
digital
billboard permit. A digital billboard permitted under this
subsection
or subsection (5) is exempt from section 17(3), and the
department
shall not require any form of consideration for a
digital
billboard permitted under this subsection or subsection (5)
other
than payment of the appropriate application fee and annual
renewal
fees as required under this act.
(5)
Notwithstanding any other provision of this act, if, on
the
effective date of the amendatory act that added this
subsection,
an individual has obtained location approval from the
department
and approval from the local unit of government having
jurisdiction
of that location to erect a digital billboard, he or
she
shall apply for, and the department shall issue, a digital
billboard
permit.
(4) (6)
Both of the following apply to the
owner of a
nonstandard sign:
(a)
In addition to an annual a
permit under subsection (1),
the owner of a nonstandard sign may apply for a digital billboard
permit to erect and maintain a digital billboard on a nonstandard
sign by applying for a digital billboard permit on a form
prescribed by the department, paying the required fee, and
surrendering 3 interim permits to the department. The owner of a
nonstandard sign seeking a digital billboard permit under this
subsection shall apply for a separate digital billboard permit for
each sign or sign structure for each regulated route from which the
facing of the sign or sign structure is visible, but shall not be
required to surrender more than a total of 3 interim permits.
(b)
Beginning on the effective date of the amendatory act that
added
this subdivision and ending 1 year after the effective date
of
the amendatory act that added this subdivision, for For the
first 8 nonstandard signs for which the owner applies for a digital
billboard permit under subdivision (a), the owner shall not be
required to surrender 3 interim permits. This subdivision only
applies to signs located in a county having a population of not
less than 750,000. The spacing requirements under section 17(4)
apply to the first 8 nonstandard signs for which the owner applies
for a digital billboard permit under subdivision (a). This
subdivision only applies to an owner who, between January 30, 2014
and the effective date of the amendatory act that amended this
subdivision, has applied for 1 or more of the 8 digital billboard
permits that do not require surrender of 3 interim permits under
this subdivision.
(c) The department shall return or credit any interim permits
surrendered by a sign owner or a permit holder described in
subdivision (b) who surrendered those interim permits for a
nonstandard sign, if the sign owner or permit holder would have
been exempt from surrendering the interim permits under subdivision
(b).
(5) The department shall rescind approval for a location or
cancel a digital billboard permit issued under this act if the sign
or digital billboard was not erected within 36 months after the
date the approval was granted or the digital billboard permit was
issued.
Sec. 7. (1) A permit fee is payable annually in advance, to be
credited to the state trunk line fund. For a digital billboard
permit,
the fee is $200.00 for the first year. For an annual a
permit for a billboard that does not require a digital billboard
permit, the fee is $100.00 for the first year except that signs in
existence prior to a highway's change in designation or
jurisdiction that requires signs to be permitted shall only be
required to pay the permit renewal amount under subsection (2). The
department
shall establish an annual expiration date for each
permit and may change the expiration date of existing permits to
spread the permit renewal activity over the year. Permit fees may
be prorated the first year. An application for the renewal of a
permit shall be filed with the department no later than the
permit's expiration date.
(2)
For signs up to and including 300 square feet, the annual
permit renewal fee is $50.00. For signs greater than 300 square
feet,
the annual permit renewal fee is $80.00. The annual permit
renewal
fee for an interim permit is $80.00. The annual permit
renewal fee for a digital billboard permit is $200.00. Signs of the
service
club and religious category are not subject to an annual a
renewal fee.
(3)
If the annual renewal fee is not paid by the expiration
date
of the permit as required under this section, the annual
renewal fee shall increase by an additional $50.00. The department
shall send notice of nonpayment by certified mail to the permit
holder's address on file within 30 days after the expiration date
and
shall inform the permit holder that if the annual renewal fee
as increased under this subsection is not paid within 60 days after
the permit expiration date, the department may cancel the permit
without taking further administrative action unless an
administrative hearing is requested by the permit holder within 60
days after the permit expiration date.
(4) The department shall send notice of a permit's
cancellation
to the permit holder using 1 of the following methods:
(a)
For a permit that was canceled between 2011 and the day
before
the effective date of the amendatory act that added this
sentence,
by certified mail to the permit
holder's address on file.
The
department shall send the notice within
60 days after the
effective
date of the amendatory act that added this sentence.
permit was canceled. The notice shall advise the permit holder that
he
or she may request reinstatement of the permit submit a new
application for a permit within 60 days after the date of the
notice, as
provided in section 7a(16).
(b)
For a permit that was canceled on or after the effective
date
of the amendatory act that added this sentence, by certified
mail
to the permit holder's address on file. The department shall
send
the notice within 60 days after the date the permit was
canceled.
The notice shall advise the permit holder that he or she
may
request reinstatement of the permit within 60 days after the
date
of the notice as provided in section 7a(16).if, at the time
the application is submitted, the permit holder surrenders an
interim permit.
(5) Notwithstanding subsection (3), for permits having the
same
expiration date, the maximum amount of increased annual
renewal fees for late payments that may be assessed by the
department under this section against 1 permit holder is
$10,000.00.
(6) The department shall require a transfer fee when a request
is made to transfer existing permits to a new sign owner. Except as
otherwise provided in this subsection, the transfer fee is $100.00
for each permit that is requested to be transferred, up to a
maximum of $500.00 for a request that identifies 5 or more permits
to be transferred. If the department incurs additional costs
directly attributable to special and unique circumstances
associated with the requested transfer, the department may assess a
transfer fee greater than the maximums identified in this
subsection to recover those costs.
(7) Notwithstanding any other provision of this act, the
department shall suspend the payment of a permit fee for a sign
located on a regulated route that is closed for more than 60 days
until the regulated route is reopened for full use.
(8) The department shall deposit all fines and fees collected
under this act into the highway advertising enforcement fund
created in subsection (9).
(9) The highway advertising enforcement fund is created within
the state treasury. The state treasurer may receive money or other
assets from any source for deposit into the fund. The state
treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments. Money in the fund at the close of the fiscal year
shall remain in the fund and shall not lapse to the general fund.
The department shall be the administrator of the fund for auditing
purposes. The department shall expend money from the fund to
administer this act.
(10) No later than December 31, 2022, the auditor general
shall review money deposited into the highway advertising
enforcement fund created in subsection (9), and shall determine if
the money collected in each of the 3 immediately preceding years
under this act is sufficient to fund the outdoor advertising
program, and shall recommend a fine and fee structure to the
legislature to achieve these goals.
Sec. 7a. (1) Except as otherwise provided in this section,
section
6(2)(a), and section 7b, the department shall not issue an
annual
a permit for a new sign on or after January 1, 2007.
(2) A permit issued by the department before January 1, 2007
remains in force and valid.
(3) On and after January 1, 2007, the department shall issue
an interim permit to a holder of a valid permit if all of the
following conditions are met:
(a) The holder of the valid permit is otherwise in compliance
with this act.
(b) The holder of the permit surrenders the permit to the
department upon the removal of a sign structure that has a valid
permit under this act.
(c) The holder of the permit verifies the removal of the sign
structure in writing to the department.
(d) The department verifies that the sign structure has been
removed or the removal has been deemed effective under this
section.
(4) An interim permit issued under this section shall only be
utilized
for the construction of a sign structure. and shall remain
in
effect without expiration with fees renewed on an annual basis.
A sign erected using an interim permit shall not be closer than
1,000 feet to another sign structure on the same side of the
highway along interstate highways and freeways or closer than 500
feet to another sign structure on the same side of the highway
along primary highways. An interim permit shall not be used to
erect a sign in a location where existing vegetation is greater
than 8 feet tall or where existing vegetation was removed without
the department's permission.
(5) The department shall verify that an existing sign
structure has been removed no later than 30 days after the
department receives written notice from the permit holder that the
sign structure has been removed. If the department does not respond
to the written notice within 30 days after receipt of the written
notice, then the permit holder shall be deemed to have removed the
sign structure in compliance with this section.
(6) A holder of 2 valid permits for a sign structure with 2
faces who complies with this section shall receive 2 interim
permits for the construction of a sign structure with 2 faces. A
permit holder under this subsection shall not receive 2 interim
permits to construct 2 single-face sign structures.
(7) A holder of a valid permit for a sign structure with a
single face is entitled to exchange that permit under this section
for an interim permit with a single face. A holder of valid permits
for 2 different single-face structures may exchange the 2 permits
under this section for 2 interim permits to construct 2 single-face
sign structures or 2 interim permits to construct 1 sign structure
with 2 faces.
(8) A holder of more than 2 valid permits for a sign structure
with more than 2 faces may exchange the permits under this section
for a maximum of 2 interim permits. The 2 interim permits received
under this section shall only be used to construct 1 sign structure
with no more than 2 faces.
(9) After construction of a sign structure under an interim
permit
is complete, the department shall issue renewable permits
annually
a permit for the completed sign structure if the sign
structure is in compliance with this act.
(10) If a permit holder for a sign structure that exists on
January
1, 2007 requires additional permits for any reason, or if
the
owner of a sign that meets the requirements of section 17(10)
applies
for a permit before July 1, 2011, the
department may issue
a
valid renewable permit renewable on an annual basis without
complying with subsection (1) even if the permit holder has more
than 2 valid permits as a result.
(11) The department may issue a permit for a new sign
structure that measures no more than 8 square feet for service club
signs or religious organization signs.
(12) Notwithstanding anything in this act to the contrary,
permits issued under subsection (11) are not eligible to be
surrendered for an interim permit.
(13) Notwithstanding anything in this act to the contrary, the
department may issue a permit for an existing sign that advertises
a product, service, or retail business that is owned and operated
by the sign owner if the location for the sign meets all existing
requirements of this act, or if the sign is an existing
nonconforming sign that advertises a product, service, or retail
business that is owned and operated by the sign owner and the sign
owner held an original permit for that sign on January 1, 2007.
(14) A permit issued under subsection (13) is not transferable
and is not eligible to be surrendered for an interim permit.
(15) Notwithstanding anything in this act to the contrary, the
department may issue a permit for a sign that is no more than 150
square feet in size and that advertises a product, service,
attraction, destination, or retail business that is owned and
operated or served by the sign owner, if the sign meets all other
requirements of this act. A permit issued under this subsection is
not transferable and is not eligible to be surrendered for an
interim permit. The department shall not issue more than 4 permits
under this subsection to an attraction, destination, or retail
business.
(16)
Both of the following apply to the owner of an existing
sign
or sign structure whose permit was canceled due to nonpayment
of
renewal fees:
(a)
He or she may apply for a new annual permit by submitting
an
application for a new annual permit and surrendering an interim
permit.
(b)
No later than 60 days after notice is sent under section
7(4)(a),
the owner of an existing sign or sign structure whose
permit
expired during December 2012 due to nonpayment of renewal
fees
may apply for a new annual permit by submitting an application
for
a new annual permit and surrendering 1 interim permit per sign,
but
shall not be required to submit more than 1 interim permit per
sign
structure.
Sec. 8. If a limited access freeway is closed for more than
120 days, a permit holder for a sign located in the adjacent area
where the facing of the sign is visible from that limited access
freeway shall apply for, and the department shall approve,
relocation of the sign to another location for which the permit
holder holds a permit issued under this act, if the sign meets
applicable spacing and zoning requirements and the height or size
of the sign is not changed at the new location. If the sign is a
digital billboard, the relocation of the sign is not subject to
section 6(6)(a). A permit holder described in this section may make
modest modifications to a sign that is relocated under this section
to accommodate the relocation. A sign that is relocated under this
section shall be restored to its original location and status no
later than 60 days after the limited access freeway is reopened for
full use. No later than 30 days before the reopening of the limited
access freeway for full use, the department shall notify a permit
holder described in this subsection of the reopening.
Sec. 9. Except for signs existing on March 31, 1972, a permit
shall be issued or denied within 30 days after proper receipt of
the permit form and the permit fee from the applicant. A permit
shall
not be issued for a sign which that
is prohibited by section
18(a),
(b), (c), or (d). 18. A permit shall not be issued for a
sign that violates this act unless the sign is eligible for removal
compensation under section 22.
Sec.
17. (1) Except as otherwise provided in subsections (10)
(9)
and (11), (10), along
interstate highways and freeways, a sign
structure located in a business area or unzoned commercial or
industrial area shall not be erected or maintained closer than
1,000 feet to another sign structure on the same side of the
highway.
(2) Along primary highways and roadways that are part of the
national highway system, a sign structure shall not be erected or
maintained closer than 500 feet to another sign structure.
(3) Except as otherwise provided in subsection (4), a sign
utilizing a digital billboard permit shall not be closer than 1,750
feet to another sign utilizing a digital billboard permit on either
side of the highway facing the same direction of oncoming traffic.
(4)
Beginning on the effective date of the amendatory act that
added
this subsection and ending 1 year after the effective date of
the
amendatory act that added this subsection, for For the
first 8
nonstandard signs for which the owner applies for a digital
billboard permit under section 6(6)(a) without having to surrender
3 interim permits as provided under section 6(6)(b), each sign
shall not be closer than 1,000 feet to another sign using a digital
billboard permit on either side of the highway facing the same
direction of traffic. This subsection only applies to signs located
in a county having a population of not less than 750,000. This
subsection only applies to a sign the owner of which, between
January 30, 2014 and the effective date of the 2018 amendatory act
that amended this subsection, has applied for 1 or more of the 8
digital billboard permits that do not require surrender of 3
interim permits under section 6(6)(b).
(5) This section does not apply to signs separated by a
building or other visual obstruction in such a manner that only 1
sign located within the spacing distances is visible from the
highway at any time, provided that the building or other visual
obstruction has not been created for the purpose of visually
obstructing either of the signs at issue.
(6) Along interstate highways and freeways located outside of
incorporated municipalities, a sign structure shall not be
permitted adjacent to or within 500 feet of an interchange, an
intersection at grade, or a safety roadside rest area. The 500 feet
shall be measured from the point of beginning or ending of pavement
widening at the exit from, or entrance to, the main-traveled way.
(7) Official signs as described in section 13(1)(a) and on-
premises signs shall not be counted and measurements shall not be
made from them for purposes of determining compliance with the
spacing requirements in this section.
(8) Except as provided in subsection (3), the spacing
requirements in this section apply separately to each side of the
highway.
(9) The spacing requirements in this section shall be measured
along the nearest edge of the pavement of the highway between
points directly opposite each sign.
(10) A sign that was erected in compliance with the spacing
requirements of this section that were in effect at the time when
the sign was erected, but that does not comply with the spacing
requirements of this section after March 23, 1999, is not unlawful
under section 22.
(11) Along an interstate highway that is designated by 1
letter and 3 numbers and located in a county with a population of
less than 211,000 but more than 175,000, an existing sign structure
that was erected prior to March 24, 2011 shall not be closer than
900 feet to another sign structure on the same side of the highway.
(12)
Nothing in this section shall be construed to cause a
sign
that was legally erected prior to March 23, 1999 to be defined
as
a nonconforming sign.
Sec. 17a. (1) A nonconforming sign may continue to exist as
long as it is not a destroyed, abandoned, discontinued, or
prohibited sign. A nonconforming sign that has not displayed an
advertising message for more than 1 year shall be considered an
abandoned sign.
(2) A sign owner may perform customary maintenance and repair
of a nonconforming sign. The annual cost of the customary
maintenance and repair shall not exceed 40% of the replacement cost
of
a new sign. structure constructed using equivalent materials
and
equipment.
(3) A sign owner may perform customary maintenance and repair
of a nonconforming sign that is damaged as a result of storm, fire,
or casualty. Customary maintenance and repair of a nonconforming
sign that is damaged as a result of storm, fire, or casualty shall
not exceed 60% of the replacement cost of a new sign structure.
constructed
using equivalent materials and equipment. The 60%
limitation in this subsection does not apply if the damage to the
nonconforming sign is caused by vandalism or a negligent act of a
person other than the sign owner.
(4) A nonconforming sign owner may not take any action that
places this state out of compliance with federal statutes,
published rules, regulations, or the federal-state agreement on
outdoor advertising.
(5) A nonstandard sign may continue to exist and a sign owner
may perform any action to a nonstandard sign that is allowed under
this act, except for the following:
(a) Increasing the overall height of an existing sign
structure. This subdivision does not apply to a nonstandard sign
located in a city with a population of more than 600,000 that was
permitted on or before March 23, 1999 and that was permitted by a
local jurisdiction for a height of at least 60 feet.
(b) Increasing the total square footage of a sign face to a
size greater than its original square footage.
(c) Increasing the number of sign faces to more than 2.
(6)
As used in this section: , "customary maintenance and
repair"
(a) "Customary maintenance and repair" means the repair or
replacement of materials or equipment with equivalent materials or
equipment on a sign or sign structure that restores the structural
integrity of the sign or sign structure or the functionality of the
equipment. Customary maintenance and repair includes, but is not
limited to, modifications to the sign or sign structure that are
designed to comply with state and federal worker safety regulations
and requirements, modifications to the sign structure that are
primarily for the conservation of energy or environmental
preservation,
paint, and the installation of trim or borders. ,
and
removal
of 1 or more sign faces or relocation of all or part of the
sign
or sign structure upon request by the department. All of the
following apply to customary maintenance and repair:
(i) (a)
Customary maintenance and repair
does not include any
of the following:
(A) (i) Enlargement
of the sign or sign structure. As used in
this subparagraph, "enlargement of the sign or sign structure" does
not include either of the following:
(I) (A)
The installation of a temporary
copy enhancement.
(II) (B)
The installation of an embedded
message device, if
the installation is not prohibited by federal statute or a rule
promulgated by the federal highway administration.
(B) (ii) Except
as otherwise provided in this subsection, sub-
subparagraph, a change in the location of the sign structure.
(C) (iii) An
increase in the height of the sign structure.
(D) (iv) Installation
of additional signs on a sign structure.
(E) (v) Electrification
of the sign or sign structure.
(ii) (b)
Notwithstanding any other provision
of this act,
customary maintenance and repair includes a modification to a sign
or
sign structure that was completed prior to before January
1,
2007, other than electrification, conversion to a digital
billboard, or conversion to a trivision sign. Customary maintenance
and repair includes the reversal of electrification, conversion to
a digital billboard, or conversion to a trivision sign if the
electrification, conversion to a digital billboard, or conversion
to a trivision sign was completed before January 1, 2007.
(b) "Replacement cost" means the total sum of the costs
incurred to erect a new replacement sign or sign structure with
equivalent materials and equipment at current market prices.
Sec. 19. (1) Signs and their supporting structures erected or
maintained in violation of this act may be removed by the
department in the manner prescribed in this section.
(2)
There The department shall be mailed to the owner of the
sign
mail by certified mail to the sign owner, permit holder, or
sign owner and permit holder if the sign owner is different than
the permit holder, a notice that the sign or its supporting sign
structure violates stated specified provisions of this act and is
subject
to removal. If the owner's sign
owner or permit holder's
address cannot be determined, the department shall post a notice
shall
be posted on the sign. The posted
notice shall be written on
red waterproof paper stock of a size not less than 8-1/2 inches by
11
inches. The department shall post
the notice shall be posted in
the area designated by section 12 for the placing of permit
numbers, in a manner so that it is visible from the highway faced
by the sign or sign structure.
(3) If the sign or sign structure is not removed or brought
into compliance with this act within 60 days following the date of
posting or mailing of written notice or within such further time as
the department may allow in writing, the sign or sign structure
shall
be considered to be abandoned.
(4)
The department shall conduct a hearing pursuant to under
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, at which it shall confirm that the sign is abandoned,
that due process has been observed, and that the sign may be
removed by the department without payment of compensation and at
the
expense of the owner. Signs The
department shall remove signs
or
sign structures considered determined
to be abandoned under this
subsection, and any other sign or sign structure erected or
maintained in violation of this act that is not eligible for
removal
compensation as provided in section 22, shall be removed by
the
department forthwith immediately
or upon the expiration of such
further time as the department allows. The department may recover
as a penalty from the owner of the sign or sign structure or, if he
or she cannot be found, the owner of the real property upon which
the sign or sign structure is located, double the cost of removal
or $500.00, whichever is greater. For frivolous hearings as
determined by the administrative law judge, the department may
recover as a penalty from the owner of the sign or sign structure,
or, if the owner of the sign or sign structure cannot be found, the
owner of the real property upon which the sign or sign structure is
located, double the cost of an administrative hearing incurred by
the department or $500.00, whichever is greater. Any penalty
imposed under this section is subject to de novo review in circuit
court.
(5) The department, its agents and employees, and any person
acting under the authority of or by contract with the department
may
enter upon private property without liability for so doing in
connection with the posting or the removal of any sign or sign
structure
pursuant to under this act.
(6) The department may contract on a negotiated basis without
competitive bidding with a permittee under this act for the removal
of
any sign or sign structure pursuant to under this act.
(7) Any repeat violation of this act shall be considered a
continuing violation of this act.
(8) A sign or sign structure erected or maintained in
violation of this act is a nuisance per se. The department, before
or after a hearing is conducted, may apply to the circuit court in
the county in which a sign is located for an order to show cause
why the use of a sign erected or maintained in violation of this
act should not be enjoined pending its removal in accordance with
this section.
(9) A person that erects and maintains a sign without a valid
permit issued under this act is subject to a fine that will be
assessed daily for the duration of the violation beginning on the
date the notice required under subsection (2) is received as
indicated on the certified mailing card. The fine amounts are as
follows:
(a) $100.00 per day for the first 30 days after the notice is
received.
(b) $150.00 per day for the thirty-first through sixtieth day
after the notice is received.
(c) $175.00 per day for the sixty-first through ninetieth day
after the notice is received.
(d) $200.00 per day for the ninety-first and each subsequent
day after the notice is received.
(10) In addition to the fines provided for in subsection (9),
the department may recover gross revenue a person earned as a
result of his or her violation of this act if all of the following
apply:
(a) The sign is located in a business area.
(b) The sign occupies an area greater than 300 square feet.
(c) The sign is attached to the exterior of a public or
private building.
Sec. 23. (1) The department may promulgate and enforce rules
to
implement this act in accordance with and subject to Act No. 306
of
the Public Acts of 1969, as amended, being sections 24.201 to
24.315
of the Compiled Laws of 1948. the
administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) If a person is aggrieved by any action or inaction of the
department, he or she may request a formal hearing on the matter
involved. The hearing shall be conducted by the department in
accordance
with the provisions for contested cases in Act No. 306
of
the Public Acts of 1969, as amended the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An
employee of the department may represent the department at the
hearing, and an individual may represent himself or herself at the
hearing.
(3) A determination, action or inaction by the department
following
the hearing shall be is subject to judicial review as
provided
in Act No. 306 of the Public Acts of 1969, as amended.the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Enacting section 1. Sections 18b and 18c of the highway
advertising act of 1972, 1972 PA 106, MCL 252.318b and 252.318c,
are repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.