Bill Summary for H 581 (2017-2018)

Summary date: 

Jun 14 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 581 (Public) Filed Wednesday, April 5, 2017
AN ACT TO PROMOTE UNIFORMITY OF REGULATION AND MODERNIZATION OF OUTDOOR ADVERTISING, TO ALLOW FOR THE RELOCATION AND RECONSTRUCTION OF OFF-PREMISES OUTDOOR ADVERTISING, TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, TO CLARIFY STANDARDS FOR SELECTIVE VEGETATION REMOVAL, AND TO ESTABLISH A REASONABLE TIME FRAME FOR MAKING AGENCY DECISIONS REGARDING PERMITS AND APPEALS.
Intro. by Lewis, Saine, Goodman, Hanes.

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Bill summary

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

Amends the long title.

Amends GS 136-128 (Definitions) to delete proposed definition ofcross read face.

Amends GS 136-130.1 (Unzoned commercial or industrial area criteria for outdoor advertising signs). Makes a clarifying change. Deletes the requirement that a commercial or industrial activity have telephone service to qualify as an unzoned commercial or industrial area. Requires the activity's building to be located within 660 feet from the nearest edge of the highway right-of-way (was, nearest edge of the right-of-way) to qualify as an unzoned commercial or industrial area. Amends the requirement that an activity be in active operation for six months prior to the date of submitting an application to provide an alternative requirement that the activity be in active operation a minimum of six months prior to the date that construction commences on the site for the relocation of an off-premises outdoor advertising sign.

Deletes amendments to GS 136-131 (Removal of existing nonconforming advertising) and GS 136-131.1 (Just compensation required for the removal of billboards on federal aid primary highways by local authorities).

Amends GS 136-131.2 (Modernization of outdoor advertising devices). The 2nd edition prohibits listed political subdivisions from regulating or prohibiting certain listed alterations to off-premises outdoor advertising with a valid permit at the time of the alteration, without just compensation, so long as, for multi-faced signs conforming to customary use, the cumulative square footage meets certain requirements regarding square footage and other matters. The amendment retains this prohibition, but deletes the provision applying it solely to multi-faced signs conforming to customary use. Recodifies the following provisions in GS 136-133: (1) prohibiting the Department of Transportation from requiring additional permits or revoking existing permits for actions taken under this statute or GS 136-131.3 and authorizing of the Department to require an addendum to an existing permit, (2) regarding the attachment of rights under the statute to a permit issued by the Department, and (3) authorizing assignment of the permit and associated rights.

Amends proposed GS 136-131.3 (Relocation of permitted off-premises outdoor advertising sign). Deletes the provisions authorizing the assignment or conveyance of the right under this statute to relocate and reconstruct permitted signs. Amends the requirements for relocation and reconstruction of a sign, requiring the construction work related to the relocation to commence within one year after the date of removal (was, one year after the date of the removal or the effective date of the Article, whichever was later). Provides that any off-premises outdoor advertising sign removed on or after January 1, 2014, but prior to the effective date of GS 136-131.3, must have construction work on relocation in accordance with this statute begin within one year of the date this statute becomes effective.

Amends GS 136-133.1 (Outdoor advertising vegetation cutting or removal). Deletes proposed provisions that directed the Department of Transportation to approve plans for the cutting, thinning, pruning, or removal of vegetation along or within medians of highways under specified conditions.

Amends GS 153A-143 (Regulation of outdoor advertising). Amends the prohibition on a county requiring the removal of any nonconforming, lawfully erected off-premises outdoor advertising sign without payment of monetary compensation, to prohibit counties from enacting, amending, or enforcing an ordinance or regulation that causes or requires such a removal. Amends the prohibition on a county enacting, amending, or enforcing an ordinance to prohibit the relocation and reconstruction of any off-premises outdoor advertising sign that meets the specified requirements, to apply that prohibition to circumstances where the relocation and reconstruction (was, relocation) was caused by a lawful project conducted by an entity with eminent domain. Deletes the provision applying the standards of GS 136-131 to any county that causes the removal of off-premises outdoor advertising through exercise of its power of eminent domain.

Amends GS 160A-199, regarding cities, in a manner identical to GS 153A-143, with one additional change: the prohibition on city ordinances prohibiting relocation of any off-premises outdoor advertising signs now prohibits ordinances prohibiting relocation and reconstruction (as amended, this is identical to the provision in GS 153A-143, but this change did not need to be made to to that statute).

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