Bill Text: MI SB0589 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Highways; signs; existing sign structures; allow interim permits. Amends sec. 7a of 1972 PA 106 (MCL 252.307a).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0350'10 With Immediate Effect [SB0589 Detail]
Download: Michigan-2009-SB0589-Introduced.html
SENATE BILL No. 589
May 20, 2009, Introduced by Senators KAHN and GILBERT and referred to the Committee on Transportation.
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending section 7a (MCL 252.307a), as added by 2006 PA 447.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7a. (1) Except as otherwise provided in this section, the
department shall not issue annual permits for new signs on or after
January 1, 2007.
(2)
Permits issued by the department before the effective date
of
the amendatory act that added this section January 1, 2007
remain in force and valid.
(3) On and after January 1, 2007, the department shall issue
an interim permit or permits to a holder of a valid permit or
permits if all of the following conditions are met:
(a) The holder of the valid permit or permits is otherwise in
compliance with this act.
(b) The holder of the permit or permits surrenders the permit
or permits to the department upon the removal of a sign structure
or sign structures that have a valid permit under this act.
(c) The holder of the permit or permits verifies the removal
of the sign structure or sign structures in writing to the
department.
(d) The department verifies that the sign structure or
structures have been removed or the removal has been deemed
effective under this section.
(e)
If a permit holder has a valid annual permit or permits
for
a site or sites where no sign structure exists or no
construction
has begun to build a sign structure on January 1,
2007,
the permit holder may exchange the permit or permits for an
interim
permit under this section or begin construction under the
valid
permit or permits no later than 1 year after January 1, 2007.
The
number of permits that can be received in an exchange shall be
determined
under subsection (4).
(4) (3)
An Except as otherwise
provided in this subsection, an
interim permit that is issued under this section shall only be
utilized for the construction of a new sign structure and shall
remain in effect without expiration with fees renewed on an annual
basis. A sign constructed pursuant to 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 500
feet to another sign structure on the same side of the highway
along primary highways. An application for an interim permit for an
existing sign structure shall be granted if all of the following
conditions are met:
(a) The application is submitted between July 1, 2009 and
October 1, 2009.
(b) The existing structure is not closer than 500 feet to
another sign structure along the same side of the highway.
(c) The county in which the existing sign structure is located
has a population of less than 211,000 and more than 175,000 as
determined by the most recent federal decennial census.
(4)
Subject to subsections (2) and (8), a permit holder who is
exchanging
a permit or permits under subsection (2)(e) shall be
issued
1 interim permit for each of the first 3 permits
surrendered.
For each permit surrendered under subsection (2)(e)
after
the first 3 permits surrendered, a permit holder under
subsection
(2)(e) shall receive 1 interim permit for each 3 permits
surrendered.
A permit holder shall have 1 year from January 1, 2007
to
exchange permits pursuant to subsection (2)(e) and this
subsection.
A permit that is not exchanged pursuant to subsection
(2)(e)
and this subsection cannot be exchanged and shall expire no
later
than 1 year after January 1,
2007.
(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 for the completed sign structure.
(10) If a permit holder for a sign structure that exists on
January 1, 2007 requires additional permits for any reason, the
department may issue a valid renewable permit renewable on an
annual basis without complying with subsection (2) 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 less than 8 square feet for signs in the
categories of service club signs and religious organization signs.
