REVISIONS TO OUTDOOR ADVERTISING LAWS.

View NCGA Bill Details2017-2018 Session
House Bill 580 (Public) Filed Wednesday, April 5, 2017
AN ACT TO ALLOW FOR THE RELOCATION AND RECONSTRUCTION OF OFF-PREMISES OUTDOOR ADVERTISING.
Intro. by Lewis, Saine, Goodman, Hanes.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Apr 26 2017)
H 580

Bill Summaries:

  • Summary date: Apr 20 2017 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 136-128 by adding and defining the term sign location or site to mean a location or site of an outdoor advertising sign measure to the closest 1/100th of a mile, in conformance with the Department of Transportation methods of measurement for all State roads.

    Amends proposed GS 136-131.3 by adding that any off-premises outdoor advertising sign that is legally existing but would not be conforming to customary use if it was relocated on the same sign location or site can be relocated on the same sign location or site so long as: (1) the structural members of the sign at the relocated site are of like material; (2) the size of the sign face or faces are not increased; and (3) the height of the sign at the relocated site does not exceed 80 feet measured from the adjoining road grade or base of the sign, whichever allows for greatest visibility, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main-traveled way. Makes conforming changes.


  • Summary date: Apr 6 2017 - More information

    Amends Article 11 of GS Chapter 136, the Outdoor Advertising Control Act, as follows.

    Modifies and adds to the definitions that apply to the Article, set out in GS 136-128. Modifies the definition for erect, nonconforming sign, and unzoned commercial or industrial area (was, unzoned area). Adds the terms area zoned commercial or industrial, customary use, main-traveled way or main travel way, and off-premises outdoor advertising. Defines off-premises advertising as the use of land consisting of a sign erected and maintained for the purpose of (1) displaying, advertising, identifying, or directing attention to business products, operations, or services sold or offered at a site other than the site where the sign is erected or (2) promoting an attraction, activity, idea, opinion, or other noncommercial messaging that is unrelated to the site where the sign is erected. Provides that a sign meeting this definition is commonly known as a billboard, where space is commonly made available or rented to advertisers to display their messages to the traveling public. Makes further technical changes to the statute.

    Enacts GS 136-130.1, detailing nine criteria that one or more commercial or industrial activities must meet to qualify an area unzoned commercial or industrial for purposes of Article 11 prior to submitting an outdoor advertising permit application, including that the activity must have a direct or indirect vehicular access and be a generator of vehicular traffic, and the activity must be in active operation a minimum of six months prior to the date of submitting an application for an outdoor advertising permit. Details guidelines to be used in making a determination as to whether an activity meets the criteria. Specifies ten activities that cannot be considered for purposes of qualifying an area as unzoned commercial or industrial, including transient or temporary activities and activities not visible and recognizable as commercial or industrial from the traffic lanes of the main-traveled highway.

    Enacts GS 136-131.3, establishing that any off-premises outdoor advertising sign 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 the Department of Transportation, must be permitted to be relocated and reconstructed, subject to the three requirements detailed in subsection (a) of the statute. Permits the right provided under subsection (a) to relocate off-premises outdoor advertising to be assigned or conveyed by the permittee. Subsection (b) establishes that a new site for relocation cannot be denied by the Department of Transportation due to the presence of vegetation obstructing the visibility of the outdoor advertising sign from the viewing zone. Requires that the owner or operator of the off-premises outdoor advertising sign must be permitted to improve the visibility of the sign by removing any vegetation (1) on the property upon receiving written consent of the landowner and (2) on the right-of-way of the interstate and primary systems of the state pursuant to a selective vegetation removal permit issued under the Article. Applies to off‑premises outdoor advertising signs removed on or after January 1, 2014.

    Makes conforming and technical changes to GS 136-133.5 (Denial of a permit for proposed outdoor advertising). Applies to off‑premises outdoor advertising signs removed on or after January 1, 2014.

    Amends GS 153A-143 (regulation of outdoor advertising by counties) and GS 160A-199 (regulation of outdoor advertising by cities) to add new subsection (d1) to each statute prohibiting counties and cities from enacting, amending, or enforcing an ordinance to prohibit the relocation and reconstruction of any off‑premises outdoor advertising sign (1) pursuant to GS 136‑131.3 or (2) that meets the requirements set forth in subdivisions (1) through (3) of new subsection (d1), when the relocation was caused by a project authorized by law and undertaken by the state, a local government, or any other entity possessing the power of eminent domain. Permits building materials different from the materials used to initially construct an off-premises outdoor advertising sign to be used to reconstruct the off-premises outdoor advertising sign at the site of relocation. Permits the right provided under subsection (d1) to relocate off-premises outdoor advertising to be assigned or conveyed by the permittee. Applies to off‑premises outdoor advertising signs removed on or after January 1, 2014.

    Directs the Department of Transportation to adopt rules to implement the provisions of the act no later than six months after the effective date of the act. Sets forth the procedure the Department is to use to adopt the rules, including having the proposed rule published, accepting written comments on the proposed rule, and holding a public hearing on the proposed rule prior to adoption. Provides that a rule adopted in accordance with this provision becomes effective on the first day of the month following the month the Department of Transportation adopts the rule and submits the rule to the Codifier of Rules for entry into the NC Administrative Code. Any rule adopted more than six months after the effective date of this act must comply with the requirements of Article 2A of GS Chapter 150B.

    Makes any rule or policy adopted by the Department that does not comply with with this act null and void.

    Provides a severability clause.


  • Summary date: Apr 5 2017 - More information

    To be summarized.


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