Bill Text: MI SB0589 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Highways; signs; existing sign structures; allow interim permits. Amends sec. 7a of 1972 PA 106 (MCL 252.307a).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0350'10 With Immediate Effect [SB0589 Detail]
Download: Michigan-2009-SB0589-Engrossed.html
SB-0589, As Passed Senate, September 9, 2009
SUBSTITUTE FOR
SENATE BILL NO. 589
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending section 7a (MCL 252.307a), as added by 2006 PA 447.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7a. (1) Except as otherwise provided in this section, the
department shall not issue annual permits for new signs on or after
January 1, 2007.
(2)
Permits issued by the department before the effective date
of
the amendatory act that added this section January 1, 2007
remain in force and valid.
(3) On and after January 1, 2007, the department shall issue
an interim permit or permits to a holder of a valid permit or
permits if all of the following conditions are met:
(a) The holder of the valid permit or permits is otherwise in
compliance with this act.
(b) The holder of the permit or permits surrenders the permit
or permits to the department upon the removal of a sign structure
or sign structures that have a valid permit under this act.
(c) The holder of the permit or permits verifies the removal
of the sign structure or sign structures in writing to the
department.
(d) The department verifies that the sign structure or
structures have been removed or the removal has been deemed
effective under this section.
(e)
If a permit holder has a valid annual permit or permits
for
a site or sites where no sign structure exists or no
construction
has begun to build a sign structure on January 1,
2007,
the permit holder may exchange the permit or permits for an
interim
permit under this section or begin construction under the
valid
permit or permits no later than 1 year after January 1, 2007.
The
number of permits that can be received in an exchange shall be
determined
under subsection (4).
(4) (3)
An Except as otherwise
provided in this subsection, an
interim permit that is issued under this section shall only be
utilized for the construction of a new sign structure and shall
remain in effect without expiration with fees renewed on an annual
basis. A sign constructed pursuant to an interim permit shall not
be closer than 900 feet to another sign structure on the same side
of the highway along interstate highways, freeways, and primary
highways. An application for an interim permit for an existing sign
structure shall be granted if all of the following conditions are
met:
(a) The application is submitted between October 1, 2009 and
November 15, 2010.
(b) The existing structure is not closer than 900 feet to
another sign structure along the same side of the highway.
(c) The county in which the existing sign structure is located
has a population of less than 211,000 and more than 175,000 as
determined by the most recent federal decennial census.
(d) The application is submitted for a digital billboard.
(4)
Subject to subsections (2) and (8), a permit holder who is
exchanging
a permit or permits under subsection (2)(e) shall be
issued
1 interim permit for each of the first 3 permits
surrendered.
For each permit surrendered under subsection (2)(e)
after
the first 3 permits surrendered, a permit holder under
subsection
(2)(e) shall receive 1 interim permit for each 3 permits
surrendered.
A permit holder shall have 1 year from January 1, 2007
to
exchange permits pursuant to subsection (2)(e) and this
subsection.
A permit that is not exchanged pursuant to subsection
(2)(e)
and this subsection cannot be exchanged and shall expire no
later
than 1 year after January 1, 2007.
(5) In addition to the annual permit provided for in section
6, a sign owner shall apply for a digital billboard permit on a
form prescribed by the department for each sign allowed under
section 18(f) to be maintained or to be erected in an adjacent area
where the facing of the sign is visible from an interstate highway,
freeway, or primary highway. A sign owner shall apply for a
separate digital billboard permit for each sign allowed under the
provisions of section 18(f) for each highway subject to this act
from which the facing of the sign allowed under the provisions of
section 18(f) is visible. The owner shall apply for the digital
billboard permit for signs allowed under the provisions of section
18(f) that become subject to the permit requirements of this act
because of a change in highway designation or other reason not
within the control of the sign owner within 2 months after the sign
becomes subject to the permit requirements of this act. The form
shall require the name and business address of the applicant, the
name and address of the owner of the property on which the sign is
to be located, the date the sign, if currently maintained, was
erected, the zoning classification of the property, a precise
description of where the sign is or will be situated, and a
certification that the sign is not prohibited by this act and that
the sign does not violate this act. The department may require
documentation to verify the zoning, the consent of the land owner,
and any other matter considered essential to the evaluation of
compliance with this act.
(6) In addition to the application as provided for in
subsection (5), the applicant for a digital billboard permit shall
do all of the following for each digital billboard permit applied
for:
(a) Surrender an interim permit or an annual permit for a
digital billboard permit unless the application is for a digital
billboard permit that satisfies the conditions of subsection (4)(a)
to (d).
(b) For signs stacked 1 on top of another, the removal and
surrender of all permits for sign faces greater than that which is
allowed under the provisions of section 15(2).
(c) Agree to enroll the digital billboard face in a department
traffic and weather monitoring program or a department emergency
alert program, including, but not limited to, the national amber
alert program, or both.
(7) Within 90 days of the effective date of the amendatory act
that added this subsection, the owner of a sign that is allowed
under section 18(f) that was erected prior to the effective date of
the amendatory act that added this subsection shall apply for, and
the department shall issue, a digital billboard permit.
(8) (5)
The department shall verify that an
existing sign
structure has been removed no later than 30 days after the
department receives written notice from the permit holder that the
sign structure has been removed. If the department does not respond
to the written notice within 30 days after receipt of the written
notice, then the permit holder shall be deemed to have removed the
sign structure in compliance with this section.
(9) (6)
A holder of 2 valid permits for a
sign structure with
2 faces who complies with this section shall receive 2 interim
permits for the construction of a sign structure with 2 faces. A
permit holder under this subsection shall not receive 2 interim
permits to construct 2 single-face sign structures.
(10) (7)
A holder of a valid permit for a
sign structure with
a single face is entitled to exchange that permit under this
section for an interim permit with a single face. A holder of valid
permits for 2 different single-face structures may exchange the 2
permits under this section for 2 interim permits to construct 2
single-face sign structures or 2 interim permits to construct 1
sign structure with 2 faces.
(11) (8)
A holder of more than 2 valid
permits for a sign
structure with more than 2 faces may exchange the permits under
this section for a maximum of 2 interim permits. The 2 interim
permits received under this section shall only be used to construct
1 sign structure with no more than 2 faces.
(12) (9)
After construction of a sign
structure under an
interim permit is complete, the department shall issue renewable
permits annually for the completed sign structure.
(13) (10)
If a permit holder for a sign
structure that exists
on January 1, 2007 requires additional permits for any reason, the
department may issue a valid renewable permit renewable on an
annual basis without complying with subsection (2) even if the
permit holder has more than 2 valid permits as a result.
