OUTDOOR ADVERTISING REVISIONS.

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View NCGA Bill Details2025-2026 Session
Senate Bill 1064 (Public) Filed Thursday, April 30, 2026
AN ACT TO REVISE LAWS GOVERNING OUTDOOR ADVERTISING.
Intro. by Jarvis, Moffitt.

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Bill History:

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S 1064

Bill Summaries:

  • Summary date: May 5 2026 - View Summary

    Amends GS 136-33 to add new subsections (d) and (e). New subsection (d) requires the Department of Transportation (DOT) to approve or deny a permit for a new outdoor advertising sign within 30 days of receiving the completed application (complete if it has all information and supporting documents required by DOT’s rules), all required fees, and documentation. If DOT does not provide written notice of its decision within 30 days, the application must be deemed approved and DOT must issue the permit. New subsection (e) prohibits DOT from revoking an outdoor advertising permit for a first-time violation of Article 11 or DOT rules, except as provided in GS 136-133.1(i). Requires DOT to provide written notice to a permit holder and at least 60 days to cure a subsequent violation associated with the same permit before revoking it. Permits DOT to pursue any other lawful remedies during the cure period. Clarifies that subsection (e) does not limit DOT’s authority to address immediate threats to public safety or fraud in the application process.

    Amends GS 136-138 by adding limitations on DOT’s delegation authority. Requires any amendment or modification of the January 7, 1972, agreement between the State and US DOT implementing the federal Highway Beautification Act of 1965 to have prior approval of NCGA by joint resolution to be effective. Prohibits DOT from delegating or transferring permitting, enforcement, or other core regulatory authority under Article 11 to any county, municipality, or other political subdivision of North Carolina. Clarifies that this does not prohibit DOT from cooperating with local governments or enforcing local ordinances consistent with Article 11.

    Amends GS 136-133.1 by:

    (1) Removing all current text of subsection (a) concerning limitations on the cutting or removal zone for vegetation and replacing it with a provision allowing the owner of an outdoor advertising sign permitted under GS 136-129(4) or 136-129(5) to obtain an annual vegetation maintenance permit from DOT upon payment of a $400 fee;

    (2) Removing all current text of subsection (b) and replacing it with a provision allowing the owner and owner’s designees to cut, thin, prune, remove, or maintain any tree, shrub, or underbrush within the maximum cut or removal zone for each sign face at any time during the permit year, upon issuance of the annual vegetation maintenance permit;

    (3) Removing all current text of subsection (c) concerning submission of a site plan and replacing it with a provision requiring native dogwoods to be preserved, prohibiting any person from cutting or removing a native dogwood under GS 136-133.1. Clarifies that all other vegetation within the authorized zone can be cut, thinned, pruned, removed, or maintained without further application, site plan, tree survey, or additional fees;

    (4) Removing all current text of subsection (d) concerning removal of existing trees and replacing it with a provision that states that the annual vegetation maintenance permit is valid for one year from the issue date and it may be renewed annually upon payment of a $500 fee;

    (5) Removing all current text of subsection (e), which allowed removal of trees and vegetation of any age in the cut or removal zone upon submitting a plan for beautification and replanting and replacing it with a provision that clarifies that GS 136-133.1 is the sole authority for vegetation cutting or removal associated with outdoor advertising signs and that all prior requirements for selective vegetation removal permits, caliper-inch fees, replanting plans, and related processes are repealed and replaced by the annual permit process; and

    (6) Removing all current text of subsection (f) concerning pruning of tree branches in the highway right-of-way and replacing it with a provision permitting an owner of an outdoor advertising sign permitted under GS 136-129(4) or 136-129(5) or owner’s designees to apply herbicides from the private property side along the fence line for the purpose of controlling vegetation encroachment. Defines fence line as the boundary line between the private property the outdoor advertising is located on and the adjacent state highway right-of-way. Limits use of applicators by an owner or designee to include only those licensed by the NC Department of Agriculture and Consumer Services and requires compliance with all federal and state pesticide laws and rules. Limits application to five feet into the right-of-way and prohibits its application to native dogwoods or trees with a diameter of four inches or more, measured six inches from the ground.

    Amends GS 136-133.2 by (1) removing all current text of subsection (a) and replacing it with a provision that requires DOT to approve or deny an application for an annual vegetation maintenance permit, including the required $400 fee, within 30 days of receiving the application and provides that if DOT fails to provide written notice of its decision within 30 days, the application must be deemed approved and the permit must be issued and (2) removing all current text of subsection (b) and replacing it with a provision permitting DOT to deny an application only for failure to pay the required fee or failure to hold a valid outdoor advertising permit under GS 136-129(4) or 136-129(5).