16103384D
HOUSE BILL NO. 661
Offered January 13, 2016
Prefiled January 11, 2016
A BILL to amend and reenact §33.2-1209 of the Code of
Virginia, relating to outdoor advertising fee schedule; established by
Commonwealth Transportation Board.
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Patron-- Filler-Corn
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §33.2-1209 of the Code of Virginia is amended and
reenacted as follows:
§33.2-1209. Applications for permits; fees.
A. A separate application for a permit shall be made for each
separate advertisement or advertising structure, on a form furnished by the
Commissioner of Highways, which application shall be signed by the applicant or
his representative duly authorized in writing to act for him and shall describe
and set forth the size, shape, and nature of the advertisement or advertising
structure it is proposed to post, display, erect, or maintain and its actual or
proposed location with sufficient accuracy to enable the Commissioner of
Highways to identify such advertisement or advertising structure and to find
its actual or proposed location.
B. Each application shall be accompanied
by an application fee in an amount determined on
the basis of the area of the advertisement or advertising structure for which
the permit is sought, according to the following schedule:
1. $15 if such area
does not exceed 74 square feet;
2. $30 if such area
exceeds 74 square feet but does not exceed 1,824 square feet; and
3. $165 if such area
exceeds 1,824 square feet.
In the computation of
fees under this subsection, each side of the advertisement or advertising
structure used or constructed to be used shall be separately considered. If the
applicant elects to use an electronic application, the fee shall be reduced by
$5 per application.
The fee shall be
retained by the Commissioner of Highways if the permit is issued. If the permit
is refused, the Commissioner of Highways shall refund one-half of the
application fee to the applicant by
the Board pursuant to subsection E.
C. In
addition to the fees required by subsection B, on any original application for
an advertisement or advertising structure there shall be imposed an inspection
charge of $50 for any advertisement or advertising structure to be located on
an Interstate System, federal-aid primary, or National Highway System highway
and $25 for any advertisement or advertising structure to be located on any
other highway.
D.
Each application shall be accompanied by the written consent, or in lieu
thereof a copy certified by an officer authorized to take acknowledgments to
deeds in the Commonwealth, of the owner of the real property upon which such
advertisement or advertising structure is to be erected, used, maintained,
posted, or displayed, or of such other person having the legal right to grant
such consent, or of the duly authorized agent of such owner or other person,
except that in the marsh or meadowland owned by the Commonwealth along either
side of the causeway leading from the mainland to the Town of Chincoteague, the
legal right to grant such consent shall be vested in the local governing body
of such town.
E. D. Application
shall be made in like manner for a permit to use, maintain, or display an
existing advertisement or advertising structure.
E. The
Board shall establish reasonable fees to be collected by the Commissioner of
Highways for the purpose of securing a permit to erect an off-premises sign,
advertisement, or advertising structure as provided in §
33.2-1208. Such fees shall be deposited into the Highway Maintenance and
Operating Fund established pursuant to §33.2-1530 and shall be set
aside in a special fund specifically accounted
for and to be used by the Commissioner of Highways solely to defray the actual
costs of supervising and administering the outdoor advertising signs and
structures permit program; included
in these costs shall be a reasonable margin, not to exceed 10 percent, as a
reserve fund.
2. That the Commonwealth Transportation Board shall establish
a revised fee schedule pursuant to subsection E of §33.2-1209 of the Code of
Virginia, as amended by this act, and in establishing such schedule shall
solicit input from members of the outdoor advertising industry and other
interested stakeholders.
3. That regulatory amendments necessary as a result of the
provisions of this act shall be exempt from Article 2 (§2.2-4006 et seq.) of
the Administrative Process Act of the Code of Virginia for the initial
establishment of a fee schedule by the Commonwealth Transportation Board;
however, subsequent amendments shall not be exempt.
4. That the provisions of this act shall become effective on
July 1, 2017.
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