Bill Summary for H 645 (2019-2020)

Summary date: 

May 6 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 645 (Public) Filed Tuesday, April 9, 2019
AN ACT TO REVISE THE OUTDOOR ADVERTISING LAWS.
Intro. by Saine, Dixon, Jones, Wray.

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Bill summary

House committee substitute to the 2nd edition makes the following changes.

Modifies proposed GS 136-130.1, Unzoned commercial or industrial area criteria for outdoor advertising signs, to specify that the activities listed in subsection (c) are not considered activities for the purpose of qualifying an unzoned commercial or industrial area under the Article 11 (previously, are not considered activities qualifying an unzoned commercial or industrial area).

Deletes the provisions of Section 4, which amended GS 136-131 and GS 136-131.1, to instead maintain existing law regarding the removal of existing nonconforming advertising and just compensation for removal by local authorities. Makes conforming organizational changes.

Modifies proposed GS 136-131.3, Relocation of lawfully existing outdoor advertising sign. Now sets forth requirements for legally erected outdoor advertising signs required to be removed when property on which the sign is located is acquired by a public or private condemnor or the Department of Transportation (DOT) and permitted to be relocated and reconstructed within a two-mile radius from the existing sign location (previously provided for signs caused to be removed in instances when the property is acquired by State or local government agencies or others possessing eminent domain authority, and did not provide for relocation within a specified range of the existing location). Makes conforming changes. Regarding relocation, modifies the parameters of the relocation site permitting the site to be any area within 660 feet of the right-of-way of a highway and if applicable, within an area zoned commercial or industrial located within the same zoning jurisdiction so long as it is not located within a view corridor (was within the same zoning jurisdiction). Now requires the relocation construction work to commence within one year after the date of removal (previously alternatively within one year of the effective date of Article 11). Requires reconstruction to comply with GS 136-131.2, which provides for the modernization of outdoor advertising devices. Prohibits the sign from being relocated a distance greater than 250 feet from the lot boundaries on which the sign was previously located (was a distance greater than 250 feet from the original lot boundaries on which the sign was previously erected). Adds a new provision to prohibit relocation of the same sign under subsection (b) within a 10-year period. Specifies that the limitation does not apply to relocations on the same sign location or site. Permits owners or operators of outdoor advertising signs (was of off-premises outdoor advertising signs) to remove vegetation to improve sign visibility by obtaining the landowner's written consent and/or a selective vegetation removal permit, as previously provided. Eliminates the specified considerations the fact finder is to take into account when determining just compensation for damages to the outdoor advertising property owner in the actual relocation of the outdoor advertising under the statute. Makes clarifying, organizational and technical changes. Removes the statute's subsection descriptors. Changes the effective date to now makes the changes applicable to outdoor advertising signs removed on or after January 1, 2017 (was January 1, 2014). Adds that the one-year construction limitation commences on the effective date of the act.

Adds to the proposed changes to GS 136-133.1 concerning outdoor advertising vegetation cutting or removal. Adds that the maximum cut or removal zone for each sign face must include any area within the right-of-way between sign faces for any outdoor advertising with two sign faces. Eliminates the proposed provisions requiring DOT to approve plans for the cutting or removal of vegetation along or within medians. Now allows selective vegetation removal permittees to remove native dogwoods or native redbuds existing within or outside of the maximum cut or removal zones established under subsection (a) and (a1) so long as the permittee replaces any removed with the same species of at least a quantity that totals twice the caliper inches to a location within 2,500 feet on either side of the outdoor advertising structure, measured as provided (previously permitted removal and replacement as necessary within the cut or removal zone established in subsection (a) only). Makes clarifying changes. 

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