SB-0568, As Passed House, November 30, 2006
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 568
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending sections 2, 3, 4, 6, 7, 9, 11, 12, 15, 16, 17, 18, 18a,
and 19 (MCL 252.302, 252.303, 252.304, 252.306, 252.307, 252.309,
252.311, 252.312, 252.315, 252.316, 252.317, 252.318, 252.318a, and
252.319), sections 2, 3, 4, 6, 7, 9, 15, 17, and 19 as amended and
section 11 as added by 1998 PA 533 and section 18a as added by 1998
PA 464, and by adding section 11a; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Business area" means an adjacent area which is zoned
under authority of state, county, township, or municipal zoning
authority for industrial or commercial purposes, customarily
referred to as "b" or business, "c" or commercial, "i" or
industrial, "m" or manufacturing, and "s" or service, and all other
similar classifications and which is within a city, village, or
charter township or is within 1 mile of the corporate limits of a
city, village, or charter township or is beyond 1 mile of the
corporate limits of a city, village, or charter township and
contains 1 or more permanent structures devoted to the industrial
or commercial purposes described in this subdivision and which
extends along the highway a distance of 800 feet beyond each edge
of the activity. Each side of the highway is considered separately
in applying this definition except where it is not topographically
feasible for a sign or sign structure to be erected or maintained
on the same side of the highway as the permanent structure devoted
to industrial or commercial purposes, a business area may be
established on the opposite side of a primary highway in an area
zoned commercial or industrial or in an unzoned area with the
approval of the state highway commission. A permanent structure
devoted to industrial or commercial purposes does not result in the
establishment of a business area on both sides of the highway. All
measurements shall be from the outer edge of the regularly used
building, parking lot or storage or processing area of the
commercial or industrial activity and not from the property lines
of the activities and shall be along or parallel to the edge or
pavement of the highway. Commercial or industrial purposes are
those activities generally restricted to commercial or industrial
zones in jurisdictions that have zoning. In addition, the following
activities shall not be considered commercial or industrial:
(i) Agricultural, animal husbandry, forestry, grazing, farming,
and related activities, including, but not limited to, wayside
fresh produce stands.
(ii) Transient or temporary activities.
(iii) Activities not visible from the main-traveled way.
(iv) Activities conducted in a building principally used as a
residence, or in a building located on property that is used
principally for residential purposes or for activities recited in
subparagraph (i).
(v) Railroad tracks and minor sidings.
(vi) Outdoor advertising.
(vii) Activities more than 660 feet from the main-traveled way.
(viii) Activities that have not been in continuous operation of
a business or commercial nature for at least 2 years.
(ix) Public utility facilities, whether regularly staffed or
not.
(x) Structures associated with on-site outdoor recreational
activities such as riding stables, golf course shops, and
campground offices.
(xi) Activities conducted in a structure for which an occupancy
permit has not been issued or which is not a fully enclosed
building, having all necessary utility service and sanitary
facilities required for its intended commercial or industrial use.
(xii) A storage facility for a business or other activity not
located on the same property, except a storage building having at
least 10 separate units that are available to be rented by the
public.
(xiii) A temporary business solely established to qualify as
commercial or industrial activity under this act.
(b) "Unzoned commercial or industrial area" means an area
which is within an adjacent area, which is not zoned by state or
local law, regulation or ordinance, which contains 1 or more
permanent structures devoted to the industrial or commercial
purposes described in subdivision (a), and which extends along the
highway a distance of 800 feet beyond each edge of the activity.
Each side of the highway is considered separately in applying this
definition except where it is not topographically feasible for a
sign or sign structure to be erected or maintained on the same side
of the highway as the permanent structure devoted to industrial or
commercial purposes, an unzoned commercial or industrial area may
be established on the opposite side of a primary highway in an area
zoned commercial or industrial or in an unzoned area with the
approval of the state highway commission. A permanent structure
devoted to industrial or commercial purposes does not result in the
establishment of an unzoned commercial or industrial area on both
sides of the highway. All measurements shall be from the outer edge
of the regularly used building, parking lot or storage or
processing area of the commercial or industrial activity and not
from the property lines of the activities and shall be along or
parallel to the edge or pavement of the highway. Commercial or
industrial purposes are those activities generally restricted to
commercial or industrial zones in jurisdictions that have zoning.
In addition, the following activities shall not be considered
commercial or industrial:
(i) Agricultural, animal husbandry, forestry, grazing, farming
and related activities, including, but not limited to, wayside
fresh produce stands.
(ii) Transient or temporary activities.
(iii) Activities not visible from the main-traveled way.
(iv) Activities conducted in a building principally used as a
residence, or in a building located on property that is used
principally for residential purposes or for activities recited in
subparagraph (i).
(v) Railroad tracks and minor sidings.
(vi) Outdoor advertising.
(vii) Activities more than 660 feet from the main-traveled way.
(viii) Activities that have not been in continuous operation of
a business or commercial nature for at least 2 years.
(ix) Public utility facilities, whether regularly staffed or
not.
(x) Structures associated with on-site outdoor recreational
activities such as riding stables, golf course shops, and
campground offices.
(xi) Activities conducted in a structure for which an occupancy
permit has not been issued or which is not a fully enclosed
building, having all necessary utility service and sanitary
facilities required for its intended commercial or industrial use.
(xii) A storage facility for a business or other activity not
located on the same property, except a storage building having at
least 10 separate units that are available to be rented by the
public.
(xiii) A temporary business solely established to qualify as
commercial or industrial activity under this act.
(c) "Erect" means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw, or in any other way bring into
being or establish.
(d) "Interstate highway" means a highway officially designated
as a part of the national system of interstate and defense highways
by the department and approved by the appropriate authority of the
federal government.
(e) "Freeway" means a divided highway of not less than 2 lanes
in each direction to which owners or occupants of abutting property
or the public do not have a right of ingress or egress to, from or
across the highway, except at points determined by or as otherwise
provided by the authorities responsible therefor.
(f) "Primary highway" means a highway, other than an
interstate highway or freeway, officially designated as a part of
the primary system as defined in section 131 of title 23 of the
United
States Code, 23 U.S.C. USC
131, by the department and
approved by the appropriate authority of the federal government.
(g) "Main-traveled way" means the traveled way of a highway on
which through traffic is carried. The traveled way of each of the
separate roadways for traffic in opposite directions is a main-
traveled way of a divided highway. It does not include facilities
as frontage roads, turning roadways or parking areas.
(h) "Sign" means any outdoor sign, display, device, figure,
painting, drawing, message, placard, poster, billboard, or other
thing, whether placed individually or on a T-type, V-type, back to
back or double-faced display, designed, intended or used to
advertise or inform.
(i) "Sign structure" means the assembled components which make
up an outdoor advertising display, including but not limited to
uprights, supports, facings and trim. Such sign structure may
contain 1 or 2 signs per facing and may be double-faced, back to
back, T-type or V-type.
(j) "Visible" means a sign that has a message that is capable
of being seen and read by a person of normal visual acuity when
traveling in a motor vehicle.
(k) "Location" means a place where there is located a single,
double-faced, back to back, T-type, or V-type sign structure.
(l) "Maintain" means to allow to exist and includes the
periodic changing of advertising messages, customary maintenance
and repair of signs and sign structures.
(m) "Abandoned sign or sign structure" means a sign or sign
structure subject to the provisions of this act, the owner of which
has failed to secure a permit, has failed to identify the sign or
sign structure or has failed to respond to notice.
(n) "Department" means the state transportation department.
(o) "Adjacent area" means the area measured from the nearest
edge of the right of way of an interstate highway, freeway, or
primary highway and extending 3,000 feet perpendicularly and then
along a line parallel to the right-of-way line.
(p) "Person" means any individual, partnership, private
association, or corporation, state, county, city, village,
township, charter township, or other public or municipal
association or corporation.
(q) "On-premises sign" means a sign advertising activities
conducted or maintained on the property on which it is located. The
boundary of the property shall be as determined by tax rolls, deed
registrations, and apparent land use delineations. When a sign
consists principally of brand name or trade name advertising and
the product or service advertised is only incidental to the
principal activity, or if it brings rental income to the property
owner or sign owner, it shall be considered the business of outdoor
advertising and not an on-premises sign. Signs on narrow strips of
land contiguous to the advertised activity, or signs on easements
on adjacent property, when the purpose is clearly to circumvent the
intent of this act, shall not be considered on-premises signs.
(r) "Billboard" means a sign separate from a premises erected
for the purpose of advertising a product, event, person, or subject
not related to the premises on which the sign is located. Off-
premises directional signs as permitted in this act shall not be
considered billboards for the purposes of this section.
(s) "Secondary highway" means a state secondary road or county
primary road.
(t) "Tobacco product" means any tobacco product sold to the
general public and includes, but is not limited to, cigarettes,
tobacco snuff, and chewing tobacco.
Sec. 3. To improve and enhance scenic beauty consistent with
section
131 of title 23 of the United States Code, 23 U.S.C. USC
131, and to limit and reduce the illegal possession and use of
tobacco by minors, the legislature finds it appropriate to regulate
and control outdoor advertising and outdoor advertising as it
pertains
to tobacco adjacent to the interstate highway, freeway,
and
primary highway systems, and outdoor advertising as it pertains
to
tobacco on secondary highway, major street, and local roads
streets, roads, highways, and freeways within this state and that
outdoor advertising is a legitimate accessory commercial use of
private property, is an integral part of the marketing function and
an
established segment of the economy of this state. In addition,
the
legislature finds it appropriate to protect minors from
exposure
to advertising that encourages them to illegally possess
tobacco.
Sec. 4. This act regulates and controls the size, lighting,
and spacing of signs and sign structures in adjacent areas and
occupies the whole field of that regulation and control except for
the following:
(a) A city, village, township, or charter township may enact
ordinances to regulate and control the size, lighting, and spacing
of
signs and sign structures , but the ordinances shall not
permit a sign or sign structure that is otherwise prohibited by
this act or require or cause the removal of lawfully erected signs
or sign structures subject to this act without the payment of just
compensation. A sign owner shall apply for an annual permit
pursuant to section 6 for each sign to be maintained or to be
erected within that city, village, charter township, or township. A
sign erected or maintained within that city, village, township, or
charter township shall also comply with all applicable provisions
of this act.
(b) A city, village, charter township, or township vested by
law with authority to enact zoning codes has full authority under
its own zoning codes or ordinances to establish commercial or
industrial areas and the actions of a city, village, charter
township, or township in so doing shall be accepted for the
purposes of this act. However, except as provided in subdivision
(a), zoning which is not part of a comprehensive zoning plan and is
taken primarily to permit outdoor advertising structures shall not
be accepted for purposes of this act. A zone in which limited
commercial or industrial activities are permitted as incidental to
other primary land uses is not a commercial or industrial zone for
outdoor advertising control purposes.
(c) An ordinance or code of a city, village, township, or
charter township that existed on March 31, 1972 and that prohibits
signs or sign structures is not made void by this act.
(d) A county, on its own initiative or at the request of a
city, village, township, or charter township within that county,
may prepare a model ordinance as described in subdivision (a). A
city, village, township, or charter township within that county may
adopt the model ordinance.
Sec. 6. A sign owner shall apply for an annual permit on a
form prescribed by the department for each sign 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 sign permit for each sign for
each highway subject to this act from which the facing of the sign
is visible. The owner shall apply for the permit for such signs
which 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 section 18(a), (b), (c), or (d) and that
the sign does not violate any provisions of this act. The sign
permit application shall include a statement signed by the owner of
the land on which the sign is to be placed, acknowledging that no
trees or shrubs in the adjacent highway right-of-way may be
removed, trimmed, or in any way damaged or destroyed without the
written authorization of the department. 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 the
compliance with this act.
Sec. 7. (1) A permit fee is payable annually in advance, to be
credited to the state trunk line fund. The fee is $100.00 for the
first year except that signs in existence prior to a highway's
change in designation or jurisdiction which would require signs to
be permitted shall only be required to pay the permit renewal
amount as provided in subsection (2). The department shall
establish an annual expiration date for each permit and may change
the expiration date of existing permits to spread the permit
renewal activity over the year. Permit fees may be prorated the
first year. An application for the renewal of a permit shall be
filed with the department at least 30 days before the expiration
date.
(2)
For signs greater than 8 square feet and up to
and
including
300 square feet, the annual permit renewal fee is $25.00
$50.00. For signs greater than 300 square feet, the annual permit
renewal
fee is $40.00 $80.00. Signs of the service club and
religious category as defined in rules promulgated by the
department are not subject to an annual renewal fee.
(3) For each permit, the department shall assess a $100.00
penalty for delinquent payment of renewal fees.
(4) The department shall require a transfer fee when a request
is made to transfer existing permits to a new sign owner. Except as
otherwise provided in this subsection, the transfer fee shall be
$100.00 for each permit that is requested to be transferred, up to
a maximum of $500.00 for a request that identifies 5 or more
permits to be transferred. If the department incurs additional
costs directly attributable to special and unique circumstances
associated with the requested transfer, the department may assess a
transfer fee greater than the maximums identified in this
subsection to recover those costs incurred by the department.
Sec. 9. Except for signs existing on March 31, 1972, a permit
shall
be issued or denied within 10 business 30 days after proper
receipt of the permit form and the permit fee from the applicant. A
permit shall not be issued for a sign which is prohibited by
section 18(a), (b), (c), or (d). A permit shall not be issued for a
sign that violates this act unless the sign is eligible for removal
compensation under section 22.
Sec.
11. A person who destroys trees or shrubs within a
highway
right-of-way for the purpose of making a sign, whether
proposed
or existing, more visible is guilty of a felony punishable
by
imprisonment for not more than 2 years or a fine of not more
than
$10,000.00, or both. If a court determines that trees or
shrubs
within a highway right-of-way have been removed by the sign
owner,
the land owner, or an agent of either party for the purpose
of
making a sign more visible, the sign shall be considered illegal
and
the department may remove the sign pursuant to the procedures
contained
in section 19.
(1) Except as otherwise provided in subsection (2), a person
who trims or removes trees or shrubs within a highway right-of-way
for the purpose of making a proposed or existing sign more visible
may pay a penalty of up to 5 times the value of the trees or shrubs
trimmed or removed unless the person trimmed or removed the trees
or shrubs under the authority of a permit issued under section 11a.
The value of the removed trees or shrubs shall be determined by the
department in accordance with section 11a(3).
(2) A person who removes trees or shrubs within a highway
right-of-way for the purpose of making a proposed or existing sign
more visible without first obtaining a permit under section 11a is
guilty of a felony punishable by imprisonment for not more than 2
years or a fine of not more than $25,000.00, or both. If no
criminal action pursuant to this section has been brought against
the person within 1 year of the removal of trees or shrubs without
a permit, the department may proceed to recover the penalty
prescribed in subsection (1). If a criminal action is brought
against a person pursuant to this subsection, the department shall
not proceed to recover the penalty prescribed in subsection (1).
(3) If a sign owner or the sign owner's agent trims or removes
trees or shrubs without first having obtained a permit under
section 11a, the sign owner shall not be eligible to obtain a
permit under section 11a for 3 years from the date of trimming or
removal of trees or shrubs.
(4) If trees or shrubs within a highway right-of-way have been
trimmed or removed by a sign owner or its agent for the purpose of
making the sign more visible, the sign shall be considered illegal
and the department may remove the sign pursuant to the procedures
established in section 19 if a court determines any of the
following:
(a) The trimming or removal was in violation of a local
ordinance.
(b) The trimming or removal resulted in the intentional
trimming or removal of trees or shrubs that were not authorized to
be trimmed or removed in a permit issued under section 11a.
(c) The sign owner trimmed or removed trees or shrubs and did
not obtain a permit under section 11a.
(5) If a sign is removed under this section and the department
subsequently receives an application for a permit under section 6
for the same area, the department shall consider that the
conditions for the permit issued under section 6 remain in force
for spacing and all other requirements of this act.
Sec. 11a. (1) Subject to the requirements of this section, the
department is authorized to and shall issue permits for the
management of vegetation to the owner of a sign subject to this
act.
(2) A sign owner may apply to the department for a permit to
manage vegetation using the department's approved form. The
application shall be accompanied by an application fee of $150.00
to cover the costs of evaluating and processing the application.
The application shall be submitted during the 2 or more annual
application periods not less than 60 days each, as specified by the
department. The application shall clearly identify the vegetation
to be managed in order to create visibility of the sign within the
billboard viewing zone and all proposed mitigation for the impacts
of the vegetation management undertaken. The application shall also
include anticipated management that will be needed in the future to
maintain the visibility of the sign within the billboard viewing
zone for the time specified in subsection (4) and procedures for
clearing vegetation as determined by the department.
(3) From January 1, 2007 until January 1, 2008, upon proper
receipt by the department of an application and application fee,
and based on the provisions of subsection (4), an applicant shall
be notified of approval, approval with modifications, or denial no
later than 90 days after the last day of the application period.
Beginning January 1, 2008, the department shall issue its decision
on an application no later than 30 days after the last day of the
application period. The department shall approve the application,
approve the application with modification, or deny the application.
If the department approves the application or approves the
application with modification, it shall notify the applicant and
the notification shall include the value of the vegetation to be
managed as determined by the department using the most recent
version of the international society of arboriculture's guide for
plant appraisal and the corresponding Michigan tree evaluation
supplement to the guide for plant appraisal published by the
Michigan forestry and park association. The department may use
another objective authoritative guide or establish a value
schedule, in consultation with representatives of the outdoor
advertising industry and other interested parties, if either the
guide or the supplement has not been updated for more than 5 years.
The notification to the applicant shall also include any required
mitigation for the vegetation to be managed and all conditions and
requirements associated with the issuance of the permit. The permit
fee shall be $300.00, except that in special and unique situations
and circumstances where the department incurs additional costs
directly attributable to the approval of the permit, a fee greater
than $300.00 adequate for the recovery of additional costs may be
assessed. Upon receipt of the permit fee, payment for the value of
the vegetation, and compliance with MDOT conditions and
requirements, the department shall issue the permit.
(4) Subject to the provisions of this subsection, a permit to
manage vegetation shall provide for a minimum of 5 seconds of
continuous, clear, and unobstructed view of the billboard face
based on travel at the posted speed as measured from the point
directly adjacent to the point of the billboard closest to the
highway. The department and the applicant may enter into an
agreement, at the request of the applicant, identifying the
specific location of the continuous, clear, and unobstructed view
within the billboard viewing zone. The specific location may begin
at a point anywhere within the billboard viewing zone but shall
result in a continuous, clear, and unobstructed view of not less
than 5 seconds. An applicant shall apply for a permit that
minimizes the amount of vegetation to be managed for the amount of
viewing time requested. Applications for vegetation management that
provide for greater than 5 seconds of continuous, clear, and
unobstructed viewing at the posted speed as measured from a point
directly adjacent to the point of the billboard closest to the
highway shall not be rejected based solely upon the application
exceeding the 5-second minimum. For billboards spaced less than 500
feet apart, vegetation management, when permitted, shall provide
for a minimum of 5 seconds of continuous, clear, and unobstructed
view of the billboard face based on travel at the posted speed or
the distance between the billboard and the adjacent billboard,
whichever is less.
(5) The department shall issue permits for vegetation
management in a viewing cone or, at the department's discretion,
another shape that provides for the continuous, clear, and
unobstructed view of the billboard face. The department may, in its
discretion, issue a permit for vegetation management outside of the
billboard viewing zone.
(6) If no suitable alternative exists or the applicant is
unable to provide acceptable mitigation, the department may deny an
application or provide a limited permit to manage vegetation when
it can be demonstrated that 1 or more of the following situations
exist:
(a) The vegetation management would have an adverse impact on
safety.
(b) The vegetation management would have an adverse impact on
operations of the state trunk line highway.
(c) The vegetation management conflicts with federal or state
law, rules, or statutory requirements.
(d) The applicant does not have the approval of the owner of
the property.
(e) The vegetation to be managed was planted or permitted to
be planted by the department for a specific purpose.
(f) Vegetation would be managed for a newly constructed
billboard or vegetation existed that obscured the billboard or
would have obscured the billboard before it was constructed. In
denying an application or providing a limited permit, the
department shall consider previous vegetation management that was
allowed at the billboard site.
(g) The management would occur on a scenic or heritage route
that was designated on or before the effective date of the
amendatory act that added this section.
(h) The application is for a sign that has been found, after a
hearing in accordance with section 19, not to be in compliance with
this act.
(i) Other special or unique circumstances or conditions exist,
including, but not limited to, adverse impact on the environment,
natural features, or adjacent property owners.
(7) If the department denies an application or issues a
limited permit under this subsection, the department shall provide
a specific rationale for denying an application or approving a
limited permit.
(8) No later than 30 days after receiving a denial or a
limited permit under subsection (6), an applicant may request the
review and reconsideration of the denial or limited permit. The
applicant shall submit its request in writing on a form as
determined by the department. The applicant shall state the
specific item or items for which review and reconsideration are
being requested. An applicant who received a limited permit may
manage vegetation in accordance with that permit during the review
and reconsideration period.
(9) No later than 90 days after January 1, 2007, the
department shall develop a procedure for review and reconsideration
of applications that are denied or that result in the issuance of a
limited permit. This procedure shall include at least 2 levels of
review and provide for input from the applicant. The review period
shall not exceed 120 days. The department shall consult with all
affected and interested parties, including, but not limited to,
representatives of the outdoor advertising industry, in the
development of this procedure.
(10) If, after review and reconsideration as provided for in
subsection (8), the applicant is denied a permit or issued a
limited permit, the applicant may appeal the decision of the
department to a court of competent jurisdiction.
(11) All work performed in connection with trimming, removing,
or relocating vegetation shall be performed at the sign owner's
expense.
(12) The department shall not plant or authorize to be planted
any vegetation that obstructs, or through expected normal growth
will obstruct in the future, the visibility within the billboard
viewing zone of any portion of a sign face subject to this act.
(13) The department shall prepare an annual report for
submission to the legislature regarding the vegetation management
undertaken pursuant to this section. At a minimum, this report
shall include all of the following items:
(a) The number of application periods.
(b) The number of applications submitted under this section.
(c) The number of permits approved without modifications.
(d) The number of permits approved with modifications.
(e) The number of permits denied.
(f) The number of modified or denied permits which were
appealed.
(g) The number of appeals that reversed the department's
decision.
(h) The number of appeals that upheld the department's
decision.
(i) The number of permits approved which requested a
visibility time period exceeding 5 seconds.
(j) The amount of compensation paid to the state for removed
vegetation.
(k) The average number of days after the end of the
application period before an applicant was sent notice that a
permit was approved.
(l) A summary of the reasons for which the department denied or
modified permits.
(m) A summary of the amount of all revenues and expenses
associated with the management of the vegetation program.
(14) The report in subsection (13) shall contain a summary for
the entire state and report in detail for each department region.
The department shall provide the report to the legislature for
review no later than 90 days following the completion of each
fiscal year. The reporting deadline for the initial report is 18
months after January 1, 2007.
(15) A person who under the authority of a permit obtained
under this section trims or removes more trees and shrubs than the
permit authorizes is subject to 1 or more of the following
penalties:
(a) For the first 3 violations during a 3-year period, a
penalty of an amount up to $5,000.00 or the amount authorized as a
penalty in section 11(1), whichever is greater.
(b) For the fourth violation during a 3-year period and any
additional violation during that period, a penalty of an amount up
to $25,000.00 or double the amount authorized as a penalty in
section 11(1), whichever is greater, for each violation.
(c) For the fourth violation during a 3-year period, and any
additional violation, a person is not eligible to obtain or renew a
permit under this section for a period of 3 years from the date of
the fourth violation.
(16) If the department alleges that a person has trimmed or
removed more trees or shrubs than the permit authorizes, then the
department shall notify the person of its intent to seek any 1 or
more of the penalties provided in subsection (15). The notification
shall be in writing and delivered via United States certified mail,
and shall detail the conduct the department alleges constitutes a
violation of subsection (15), shall indicate what penalties the
department will be seeking under subsection (15), and shall occur
within 30 days of the filing of the completion order for the
trimming or removal of trees or shrubs the department alleges
violated the permit. Any allegation by the department that a person
has trimmed or removed more trees or shrubs than the permit
authorizes shall be subject to the appeals process contained in
section 11(8), (9), and (10).
(17) As used in this act:
(a) "Billboard viewing zone" means the 1,000 foot area
measured at the pavement edge of the main traveled way closest to
the billboard having as its terminus the point of the right-of-way
line immediately adjacent to the billboard.
(b) "Vegetation management" means the trimming, removal, or
relocation of trees, shrubs, or other plant material.
(c) "Viewing cone" means the triangular area described as the
point directly below the face of the billboard closest to the
roadway, the point directly below the billboard face farthest away
from the roadway, a point as measured from a point directly
adjacent to the part of the billboard closest to the roadway and
extending back parallel to the roadway the distance that provides
the view of the billboard prescribed in this section, and the
triangle described by the points extending upward to the top of the
billboard.
Sec. 12. (1) All persons holding permits under this act, at
their own expense, shall place the permit number on each sign
facing erected or maintained by them within 4 months after
receiving
a permit for signs existing on the effective date of
this
act March 31, 1972 and within 3 business days for all other
signs.
The numbers shall be in Egyptian block type lettering of a
size and type specified by the department and located on the lower
corner thereof nearest the adjacent highway.
(2) Any person who does not display the correct permit number
or who does not display any permit number on a sign as required
under subsection (1) is subject to a $250.00 penalty. The
department shall give a person who is not in compliance with this
subsection written notice of noncompliance, and a person not in
compliance with this subsection shall have 30 days to remedy the
violation before any penalty is assessed. A person subject to this
section may verify compliance with the department via time-dated
electronic means.
Sec. 15. (1) All signs erected or maintained in business areas
or unzoned commercial and industrial areas shall comply with the
following size requirements and limitations:
(a) In counties of less than 425,000 population, signs shall
not exceed 1,200 square feet in area, including border or trim but
excluding ornamental base or apron, supports and other structural
members.
(b) In counties having a population of 425,000 or more, signs
of a size exceeding 1,200 square feet in area but not in excess of
6,500 square feet in area, including border or trim but excluding
ornamental base or apron, supports and other structural members,
shall be permitted if the department determines that the signs are
in accord with customary usage in the area where the sign is
located.
(c)
For signs erected after the effective date of the
amendatory
act that added this subdivision March
23, 1999, signs
on a sign structure shall not be stacked 1 on top of another. For
signs
erected prior to the effective date of the amendatory act
that
added this subdivision March
23, 1999, the sign or sign
structure shall not be modified to provide a sign or sign structure
that is stacked 1 on top of another.
(2) Maximum size limitations shall apply to each side of a
sign structure. Signs may be placed back to back, side by side or
in V-type or T-type construction, with not more than 2 sign
displays to each side. Any such sign structure shall be considered
as 1 sign for the purposes of this section.
Sec.
16. (1) In business areas or unzoned commercial or
industrial
areas signs A sign that is
subject to this act may be
illuminated
so as to permit them to deliver the intended
advertising
message allow the sign to be
seen and read but the
illumination
shall be employed in such a
manner so as to prevent
intense
or brilliant that prevents beams or rays of light from
being directed at any portion of the main-traveled way of the
highway in a manner that interferes with safe driving.
(2) A sign containing changing illumination shall not be
erected in any area except in an incorporated city or village over
35,000 in population where the department determines it is
consistent with customary usage in the area. A sign permitted under
section 18(f) is not a sign containing changing illumination.
(3) A sign shall not be so illuminated that it obscures or
interferes with the effectiveness of an official traffic sign,
device, or signal.
(4) All lighting shall be subject to any other provisions
relating to lighting of signs presently applicable to all highways
under the jurisdiction of the state.
Sec. 17. (1) Along interstate highways and freeways, a sign
structure located in a business area or unzoned commercial or
industrial area shall not be erected closer than 1,000 feet to
another sign structure on the same side of the highway.
(2)
Along primary highways within the limits of an
incorporated
municipality a sign structure shall not be closer
than 500 feet to another sign structure.
(3)
Along primary highways in areas outside of the limits of
an
incorporated municipality a sign structure shall not be closer
than
500 feet to another sign structure.
(3) (4)
The provisions of this section do not apply to signs
separated by a building or other visual obstruction in such a
manner that only 1 sign located within the spacing distances is
visible from the highway at any time, provided that the building or
other visual obstruction has not been created for the purpose of
visually obstructing either of the signs at issue.
(4) (5)
Along interstate highways and freeways located
outside of incorporated municipalities, a sign structure shall not
be permitted adjacent to or within 500 feet of an interchange, an
intersection at grade or a safety roadside rest area. The 500 feet
shall be measured from the point of beginning or ending of pavement
widening at the exit from, or entrance to, the main-traveled way.
(5) (6)
Official signs as described in section 13(1)(a) and
on-premises signs shall not be counted nor shall measurements be
made from them for purposes of determining compliance with the
spacing requirements provided in this section.
(6)
(7) The
spacing requirements provided in this section
apply separately to each side of the highway.
(7) (8)
The spacing requirements provided in this section
shall be measured along the nearest edge of the pavement of the
highway between points directly opposite each sign.
(8) (9)
A sign that was erected in compliance with the
spacing requirements of this section that were in effect at the
time when the sign was erected, but which does not comply with the
spacing
requirements of this section as modified by the amendatory
act
that added this subsection after
March 23, 1999, shall not be
considered unlawful as that term is used in section 22.
Sec. 18. The following signs or sign structures are
prohibited:
(a) Those which purport to regulate, warn, or direct the
movement of traffic or which interfere with, imitate, or resemble
any official traffic sign, signal, or device.
(b) Those which are not adequately maintained and in a good
state of repair.
(c) Those which are erected or maintained upon trees or
painted or drawn upon rocks or other natural resources.
(d) Those which prevent the driver of a motor vehicle from
having a clear and unobstructed view of approaching, intersecting,
or merging traffic.
(e) Those which are abandoned.
(f) Those that involve motion or rotation of any part of the
structure, running animation or displays, or flashing or moving
lights. This subdivision does not apply to a sign or sign structure
with static messages or images that change if the rate of change
between 2 static messages or images does not exceed more than 1
change per 6 seconds, each change is complete in 1 second or less,
and the maximum daylight sign luminance level does not exceed
62,000 candelas per meter squared at 40,000 lux illumination
beginning 1/2 hour after sunrise and continuing until 1/2 hour
before sunset and does not exceed 375 candelas per meter squared at
4 lux illumination at all other times. In addition to the above
requirements, signs exempted under this subdivision shall be
configured to default to a static display in the event of
mechanical failure.
(g) Signs found to be in violation of subdivision (f) shall be
brought into compliance by the permit holder or its agent no later
than 24 hours after receipt by the permit holder or its agent of an
official written notice from the department. Failure to comply with
this subdivision within this specified time frame shall result in a
$100.00 penalty being assessed to the sign owner for each day the
sign remains out of compliance. The first repeat violation of
subdivision (f), for a specific sign, shall also be brought into
compliance by the permit holder or its agent within 24 hours after
receipt of an official written notice from the department. Failure
to comply with the official written notice within the 24-hour
period for the first repeat violation subjects the sign owner to a
$1,000.00 penalty for each day the sign remains out of compliance.
These penalties are required to be submitted to the department
before the sign's permit is renewed under section 6. Second repeat
violations of subdivision (f), for a specific sign, shall result in
permanent removal of the variable message display device from that
sign by the department or the sign owner.
Sec. 18a. (1) Notwithstanding any other provision of this act,
beginning
January 1, 2000, a billboard all billboards within this
state are subject to this act and shall not advertise the purchase
or consumption of tobacco products.
(2) Notwithstanding any other provision of this act, a person
who violates this section is responsible for a civil fine of not
less than $5,000.00 or more than $10,000.00 for each day of
violation. A civil fine collected under this section shall be
distributed to public libraries as provided under 1964 PA 59, MCL
397.31 to 397.40.
(3)
As used in this section:
(a)
"Billboard" means a sign separate from a premises erected
for
the purpose of advertising a product, event, person, or subject
not
related to the premises on which the sign is located. Off-
premises
directional signs as permitted in this act shall not be
considered
billboards for the purpose of this section.
(b)
"Freeway" means a divided highway of not less than 2 lanes
in
each direction to which owners or occupants of abutting property
or
the public do not have a right of ingress or egress to, from, or
across
the highway, except at points determined by or as otherwise
provided
by the authorities responsible for the highway.
(c)
"Interstate highway" means a highway officially designated
as
a part of the national system of interstate and defense highways
by
the department and approved by the appropriate authority of the
federal
government.
(d)
"Main-traveled way" means the traveled way of a highway on
which
through traffic is carried. The traveled way of each of the
separate
roadways for traffic in opposite directions is a main-
traveled
way of a divided highway. It does not include facilities
as
frontage roads, turning roadways, or parking areas.
(e)
"Primary highway" means a highway, other than an
interstate
highway or freeway, officially designated as a part of
the
primary system as defined in section 131 of title 23 of the
United
States code, 23 U.S.C. 131, by the department and approved
by
the appropriate authority of the federal government.
(f)
"Secondary highway" means a state secondary road or county
primary
road.
(g)
"Tobacco product" means any tobacco product sold to the
general
public and includes, but is not limited to, cigarettes,
cigars,
tobacco snuff, and chewing tobacco.
Sec. 19. (1) Signs and their supporting structures erected or
maintained in violation of this act may be removed by the
department in the manner prescribed in this section.
(2) There shall be mailed to the owner of the sign by
certified mail a notice that the sign or its supporting sign
structure violates stated specified provisions of this act and is
subject to removal. If the owner's address cannot be determined, a
notice shall be posted on the sign. The posted notice shall be
written
on red waterproof paper stock of a size not less than 8-
1/2 inches by 11 inches. The notice shall be posted in the area
designated by section 12 for the placing of permit numbers, in a
manner so that it is visible from the highway faced by the sign or
sign structure.
(3) If the sign or sign structure is not removed or brought
into compliance with this act within 60 days following the date of
posting or mailing of written notice or within such further time as
the department may allow in writing, the sign or sign structure
shall be considered to be abandoned.
(4) The department shall conduct a hearing pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, at which it shall confirm that the sign is abandoned, that
due process has been observed, and that the sign may be removed by
the department without payment of compensation and at the expense
of the owner. Signs or sign structures considered abandoned, and
any other sign or sign structure erected or maintained in violation
of this act that is not eligible for removal compensation as
provided in section 22, shall be removed by the department
forthwith or upon the expiration of such further time as the
department allows. The department may recover as a penalty from the
owner
of the sign or sign structure , or, if
he or she cannot be
found, the owner of the real property upon which the sign or sign
structure
is located, double the cost of removal or $50.00
$500.00, whichever is greater. For frivolous hearings as determined
by the administrative law judge, the department may recover as a
penalty from the owner of the sign or sign structure, or, if the
owner of the sign or sign structure cannot be found, the owner of
the real property upon which the sign or sign structure is located,
double the cost of an administrative hearing incurred by the
department or $500.00, whichever is greater. Any penalty imposed
under this section is subject to de novo review in circuit court.
(5) The department, its agents and employees, and any person
acting
under the authority of , or
by contract with the
department ,
may enter upon private property
without liability
for so doing in connection with the posting or the removal of any
sign or sign structure pursuant to this act.
(6) The department may contract on a negotiated basis without
competitive bidding with a permittee under this act for the removal
of any sign or sign structure pursuant to this act.
(7) Any repeat violation of this act shall be considered a
continuing violation of this act.
(8) A sign or sign structure erected or maintained in
violation of this act is a nuisance per se. The department, before
or after a hearing is conducted, may apply to the circuit court in
the county in which a sign is located for an order to show cause
why the use of a sign erected or maintained in violation of this
act should not be enjoined pending its removal in accordance with
Senate Bill No. 568 (H-3) as amended November 30, 2006
this section.
Enacting section 1. This amendatory act takes effect January
1, 2007.
Enacting section 2. Section 25 of the highway advertising act
of 1972, 1972 PA 106, MCL 252.325, is repealed.
[Enacting section 3. This amendatory act does not take effect
unless Senate Bill No. 567 of the 93rd Legislature is enacted into law.
]