REVISIONS TO OUTDOOR ADVERTISING LAWS.

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View NCGA Bill Details2017-2018 Session
House Bill 173 (Public) Filed Wednesday, February 22, 2017
AN ACT TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, TO CLARIFY THE STANDARDS FOR DETERMINING JUST COMPENSATION IN STATE AND LOCAL GOVERNMENT EMINENT DOMAIN ACTIONS THAT CAUSE THE REMOVAL OF LAWFULLY ERECTED OUTDOOR ADVERTISING, AND TO MAKE VARIOUS REVISIONS TO THE LAWS GOVERNING OUTDOOR ADVERTISING MODERNIZATION AND OUTDOOR ADVERTISING VEGETATION CUTTING OR REMOVAL.
Intro. by J. Bell, Shepard, McElraft, Wray.

Status: Ref to the Com on Commerce and Job Development, if favorable, Regulatory Reform, if favorable, Finance (House Action) (Feb 23 2017)
H 173

Bill Summaries:

  • Summary date: Feb 22 2017 - View Summary

    Makes revisions to laws pertaining to outdoor advertising as the title indicates.

    Current law sets the fee for a selective vegetation removal permit issued under GS 136-18(5), (7), and (9) at $200. Amends GS 136-18.7 to set the fee for a selective vegetation permit issued under Article 11, Outdoor Advertising Control Act, of GS Chapter 136 for an outdoor advertising location at $600 for the initial three-year period listed in GS 136-133.4 and $200 for any subsequent three-year renewal period. Amends GS 136-133.4 to extend the duration of selective vegetation removal permits from one year to three years. Effective when the act becomes law and applies to applications for permits received on or after that date.

    Amends GS 136-131 to authorize the Department of Transportation (DOT) or any municipality, county, local or regional zoning authority, or other political subdivision (was, DOT) to acquire outdoor advertising and all property rights pertaining thereto, if the advertising is in lawful existence on the effective date of the Article or provided that it is lawfully erected after the effective date of the Article. Specifies that the statute applies to all acquisitions, purchases, or condemnations by DOT that cause the removal of any lawfully erected outdoor advertising, regardless of the advertising's location and proximity to the interstates or primary systems.  Identifies factors to be used in determining just compensation for lawfully erected outdoor advertising. Directs the DOT to minimize adverse impacts to the outdoor advertiser displaced by any condemnation by the DOT. Effective when the act becomes law and applies to determinations of just compensation made on or after that date.

    Amends GS 136-131.2 by adding that nothing in the statute prohibits a municipality, county, local or regional zoning authority, or other political subdivision from using its zoning authority to regulate the initial erection of outdoor advertising that has not been relocated, or outdoor advertising in which a permit issued by DOT under this Article has been voluntarily cancelled or lawfully revoked, and any appeals under GS 136-134.1 have been exhausted. Provides that no decision of an administrative official charged with enforcement of a local ordinance, rule, or regulation is effective against an owner or operator of outdoor advertising for any activity authorized by this statute, and no appeal under GS 153A‑345.1 or GS 160A‑388 is required to protect the outdoor advertiser's rights under this statute. Allows any outdoor advertising adjacent to a highway on the National System of Interstate and Defense Highways or a highway on the Federal‑aid Primary Highway System for which there is in effect a valid permit issued by DOT under this Article to be relocated subject to the three requirements listed in the statute. Specifies that a new site for relocation must not be denied by DOT because of the presence of vegetation obstructing the visibility of the outdoor advertising from the viewing zone. Allows the owner or operator of the outdoor advertising to improve the visibility of the sign by removing any vegetation on private property upon receiving written consent of the landowner and on the right‑of‑way of the interstate or primary highway systems in this State under a selective vegetation removal permit.

    Amends GS 136-133.1 to allow DOT, at the request of a selective vegetation removal permittee, to approve plans for the cutting, thinning, pruning, or removal of vegetation outside of the cut or removal zone defined in the statute along or within gores, medians, or other areas of the primary highway system so long as the view to the outdoor advertising sign will be improved and the safety of the traveling public is protected. Adds new language setting out requirements to be met when relocating or replacing any native dogwood or native redbuds existing within specified areas.