Bill Summary for H 645 (2019-2020)

Summary date: 

May 7 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 amendments make the following changes to the 3rd edition.

House amendment #1 eliminates the proposed changes to GS 136-133.1 concerning outdoor advertising vegetation cutting and removal and the replacement of native dogwoods and redbuds.

Amendment #2 changes the effective date provisions for proposed GS 163-131.3 to now provide that the statute applies to outdoor advertising signs removed on or after the act's effective date (was, on or after January 1, 2017, and additionally provided that the one-year construction limitation established commences on the effective date of the act).

Amendment #3 adds to the requirements set forth in proposed GS 136-131.3 that must be met of outdoor advertising signs legally existing but that would not be conforming to customary use if relocated on the same sign location or site, now requiring that the outdoor advertising sign not be converted to an automatic changeable facing sign when relocated on the same sign location or site. Amendment #3 also amends GS 136-131.2, concerning the modernization of outdoor advertising devices. Adds that local authorities cannot regulate or prohibit the repair or reconstruction of any permitted outdoor advertising without just compensation so long as the reconstruction is not converted to an automatic changeable facing sign (in addition to the condition that the square footage of the advertising surface area is not increased in the reconstruction).

Amendment #4 further modifies proposed GS 163-131.3 regarding the requirements of legally erected outdoor advertising signs required to be relocated when a public or private condemnor or the Department of Transportation (DOT) acquires the property. Modifies the parameters of the relocation site and permits 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 adjacent to any highway as provided in specified state law (was, so long as it is not located within a view corridor). 

Amendment #6 enacts GS 136-131.5 to require the owner of an outdoor advertising sign relocated to a site located five miles or less from the perimeter boundary of a military base to notify and consult with the following on the proposed relocation: the commander of the base or a designee; DOT; the respective county board of commissioners; and the respective city council, if any. Requires the notification to include a detailed map and explanation of the proposed relocation and reconstruction. Gives the entities a 30-day comment period in which to submit comments or analysis on the proposed relocation and reconstruction's compatibility with base operations, which is deemed waived if DOT does not receive a response within the 30-day period following notice. Gives DOT 30 days to make a final determination on the relocation and reconstruction, taking into consideration any comments and analysis.

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