SB-0589, As Passed House, December 2, 2010

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 589

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1972 PA 106, entitled

 

"Highway advertising act of 1972,"

 

by amending section 7a (MCL 252.307a), as amended by 2009 PA 86.

 

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 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

 

Senate Bill No. 589 (H-1) as amended December 2, 2010

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.

 

     (4) 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 900 feet to another sign structure on the same side

 

of the highway along interstate highways, freeways, and 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 [DECEMBER 1, 2010] and

 

[MARCH 1, 2011].

 

     (b) The existing structure is not closer than 900 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.

 

     (d) The application is submitted for a digital billboard.

 

     (5) In addition to the annual permit provided for in section

 

6, a sign owner shall apply for a digital billboard permit on a

 

form prescribed by the department for each sign allowed under

 

section 18(f) to be maintained or to be erected in an adjacent area

 

where the facing of the sign is visible from an interstate highway,

 

freeway, or primary highway. A sign owner shall apply for a

 

separate digital billboard permit for each sign allowed under the

 

provisions of section 18(f) for each highway subject to this act

 

from which the facing of the sign allowed under the provisions of

 

section 18(f) is visible. The owner shall apply for the digital

 

billboard permit for signs allowed under the provisions of section

 

18(f) that become 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 the sign

 

becomes subject to the permit requirements of this act. 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 is

 

to be located, the date the sign, if currently maintained, was

 

erected, the zoning classification of the property, a precise

 

description of where the sign is or will be situated, and a

 

certification that the sign is not prohibited by this act and that

 

the sign does not violate this act. 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.

 

     (6) In addition to the application as provided for in

 

subsection (5), the applicant for a digital billboard permit shall

 

do all of the following for each digital billboard permit applied

 

for:

 

     (a) Surrender an interim permit or an annual permit for a

 

digital billboard permit unless the application is for a digital

 

billboard permit that satisfies the conditions of subsection (4)(a)

 

to (d).

 

     (b) For signs stacked 1 on top of another, the removal and

 

surrender of all permits for sign faces greater than that which is

 

allowed under the provisions of section 15(2).

 

     (c) Agree to enroll the digital billboard face in a department

 

traffic and weather monitoring program or a department emergency

 

alert program, including, but not limited to, the national amber

 

alert program, or both.

 

     (7) Within 90 days of the effective date of the amendatory act

 

that added this subsection, the owner of a sign that is allowed

 

under section 18(f) that was erected prior to the effective date of

 

the amendatory act that added this subsection shall apply for, and

 

the department shall issue, a digital billboard permit.

 

     (8) (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.

 

     (9) (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.

 

     (10) (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.

 

     (11) (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.

 

     (12) (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.

 

     (13) (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.

 

     (14) (11) The department may issue a permit for a new sign

 

structure that measures no more than 8 square feet for signs in the

 

categories of service club signs and religious organization signs.

 

     (15) (12) Notwithstanding anything else in this act that may

 

be to the contrary, permits issued under subsection (11) (14) are

 

not eligible to be surrendered for an interim permit.