Minnesota Legislature
HF 595
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am
Current Version - as introduced
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A bill for an act
relating to advertising devices; prohibiting erection of additional billboards near
roads and highways; restricting maintenance of advertising devices; amending
Minnesota Statutes 2008, sections 173.02, subdivisions 8, 21; 173.03; 173.05;
173.06, subdivision 1; 173.07, subdivision 1; 173.08, subdivision 1; 173.13,
subdivisions 1, 2, 4; 173.16, subdivisions 4, 5; 173.231; repealing Minnesota
Statutes 2008, sections 173.01; 173.13, subdivision 5; 173.17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 173.02, subdivision 8, is amended to read:
Subd. 8.
Adjacent area.
"Adjacent area" means any area adjacent to the
right-of-way of deleted text begin an interstate or trunkdeleted text end new text begin any road ornew text end highway.
Sec. 2.
Minnesota Statutes 2008, section 173.02, subdivision 21, is amended to read:
Subd. 21.
Maintain.
"Maintain" means to allow to existnew text begin without alteration, or to
repair normal wear and tear. Maintenance does not include the increase of advertisement
size or height or alteration, such as the addition of lighting, moving parts, or cutoutsnew text end .
Sec. 3.
Minnesota Statutes 2008, section 173.03, is amended to read:
173.03 ROAD ADVERTISING PERMIT WITHIN SCENIC AREA.
Except as otherwise provided in sections deleted text begin 173.01deleted text end new text begin 173.02 new text end to 173.11, the deleted text begin erection ordeleted text end
maintenance of any advertising device located within a scenic area without a written
permit therefor granted by the commissioner of transportation is prohibited. new text begin Erection of
any advertising device within a scenic area is prohibited.new text end
Sec. 4.
Minnesota Statutes 2008, section 173.05, is amended to read:
173.05 ACQUISITION OF PROPERTY.
The commissioner of transportation shall acquire all rights in property, personal or
real, necessary to carry out the purposes of sections deleted text begin 173.01deleted text end new text begin 173.02 new text end to 173.11, by purchase,
gift, or eminent domain proceedings. All costs of acquisition of such rights shall be
necessary for a highway purpose. Nothing herein shall be construed to limit any right,
power, or authority to regulate and control the deleted text begin erection ordeleted text end maintenance of advertising
devices under the provisions of any other law of this state.
Sec. 5.
Minnesota Statutes 2008, section 173.06, subdivision 1, is amended to read:
Subdivision 1.
Authority.
The commissioner of transportation shall adopt and may
modify, amend, or repeal rules governing the issuance of permits or renewals thereof for
the deleted text begin erection anddeleted text end maintenance of advertising devices within scenic areas; provided that
the commissioner shall not adopt, modify, amend, or repeal any rule that will impair any
agreement with the federal government. The commissioner of transportation may limit the
application of any rule adopted by the commissioner to exclude or include in whole or
in part, specified areas within the scenic area based upon use, nature of the surrounding
community, or such other factors as may make separate classification or rule necessary or
desirable.
Sec. 6.
Minnesota Statutes 2008, section 173.07, subdivision 1, is amended to read:
Subdivision 1.
Forms; content.
Application for deleted text begin permits ordeleted text end new text begin permit new text end renewals deleted text begin thereofdeleted text end
for the deleted text begin placement anddeleted text end maintenance of advertising devices within scenic areas shall be
on forms prescribed by the commissioner and shall contain such information as the
commissioner may require. No advertising device shall be placed without the consent of
the owner or occupant of the land, and adequate proof of such consent shall be submitted
to the commissioner at the time application is made for deleted text begin such permits ordeleted text end renewals.
Sec. 7.
Minnesota Statutes 2008, section 173.08, subdivision 1, is amended to read:
Subdivision 1.
Advertising devices restricted.
No advertising device, excepting
the advertising devices described and permitted under sections 173.01 to 173.27, shall be
erected or maintained in an adjacent area, deleted text begin after June 8, 1971,deleted text end except the following:
(1) directional and other official signs, including, but not limited to, signs pertaining
to natural wonders, scenic and historical attractions, which are required or authorized
by law, and which comply with rules which shall be promulgated by the commissioner
relative to their lighting, size, spacing and other requirements as may be appropriate
to implement sections 173.01 to 173.27;
(2) advertising devices advertising the sale or lease of property upon which they
are located, provided that there shall not be more than one such sign, advertising the sale
or lease of the same property, visible to traffic proceeding in any one direction on any
one interstate or primary highway;
(3) advertising devices advertising activities conducted on the property on which
they are located, including, without limiting the generality of the foregoing, goods sold,
stored, manufactured, processed, or mined thereon, services rendered thereon, and
entertainment provided thereon;
(4) advertising devices stating the name and address of the owner, lessee or occupant
of such property or information otherwise required or authorized by law to be posted or
displayed thereon;
(5) public utility signs;
(6) service club and religious notices;
(7) advertising devices of which the advertising copy or the name of the owner
thereof is in no part visible from the traveled way of the aforesaid highways;
(8) deleted text begin advertising devices which are located, or which are to be located, in business
areas and which comply, or will comply when erected, with the provisions of sections
173.01 to 173.27;
deleted text end
deleted text begin (9)deleted text end signs placed temporarily by auctioneers under section 169.07;
deleted text begin (10)deleted text end new text begin (9)new text end community identification signs which are located within two miles of the
community and do not exceed 750 square feet. "Community" means a county, town, or
home rule charter or statutory city. Prior to the erection of a community identification
sign, the community must:
(i) obtain approval from the governing body of the community;
(ii) consult with local road authorities on placement and location of the sign; and
(iii) obtain consent of the owner of the land on which the sign is to be erected.
Sec. 8.
Minnesota Statutes 2008, section 173.13, subdivision 1, is amended to read:
Subdivision 1.
Permit required.
No advertising device shall be deleted text begin erected ordeleted text end
maintained in any adjacent area without a permit therefor being first obtained from the
commissioner, except that permit systems of legitimate local zoning authorities shall take
precedence inside a business area.
Sec. 9.
Minnesota Statutes 2008, section 173.13, subdivision 2, is amended to read:
Subd. 2.
Rules.
The commissioner of transportation may adopt, modify, amend,
or repeal rules governing the issuance of permits or renewals therefor for the deleted text begin erection
anddeleted text end maintenance of advertising devices adjacent to the interstate and primary system of
highways, provided that such rules shall not be more restrictive than the provisions of
sections 173.13 to 173.231.
Sec. 10.
Minnesota Statutes 2008, section 173.13, subdivision 4, is amended to read:
Subd. 4.
Fees.
The annual fee for each such permit deleted text begin ordeleted text end renewal deleted text begin thereofdeleted text end shall be
as follows:
(a) If the advertising area of the advertising device does not exceed 50 square feet,
the fee shall be $30.
(b) If the advertising area exceeds 50 square feet but does not exceed 300 square
feet, the fee shall be $60.
(c) If the advertising area exceeds 300 square feet, the fee shall be $120.
(d) No fee shall be charged for a permit for official signs and notices as they are
defined in section 173.02, except that a fee may be charged for a star city sign erected
under section 173.085.
Sec. 11.
Minnesota Statutes 2008, section 173.16, subdivision 4, is amended to read:
Subd. 4.
Spacing.
(a) Advertising devices shall not be deleted text begin erected ordeleted text end maintained in such
a place or manner as to obscure or otherwise physically interfere with an official traffic
control device or a railroad safety signal or sign, or to obstruct or physically interfere with
the drivers' view of approaching, merging, or intersecting traffic for a distance of 500 feet.
(b) No advertising device shall be deleted text begin erecteddeleted text end new text begin locatednew text end closer to any other such advertising
device on the same side of the same highway facing traffic proceeding in the same
direction than (1) 500 feet on any interstate highway or fully controlled freeway in a zoned
or unzoned commercial or industrial area within or outside an incorporated city, (2) 300
feet on a primary highway in a zoned commercial or industrial area outside an incorporated
city, (3) 400 feet on a primary highway in an unzoned commercial or industrial area
outside an incorporated city, (4) 100 feet on a primary highway inside an incorporated
city; provided, however, that this provision shall not prevent the deleted text begin erectiondeleted text end new text begin maintenancenew text end
of double-faced, back-to-back, or V-type advertising devices with a maximum of two
signs per facing; provided further, however, that such spacing requirements shall not
apply as between any off-premise advertising device permitted under the provisions of
Laws 1971, chapter 883.
(c) The above spacing between advertising devices does not apply to structures
separated by buildings or other obstructions in such a manner that only one sign facing
located within the above spacing distances is visible from the highway at any one time.
(d) On interstate highways or fully controlled-access freeways outside of
incorporated cities, no advertising device may be located adjacent to or within 500 feet of
an interchange, intersection at grade, or safety rest area. Said 500 feet shall be measured
along such highway from the beginning or ending of pavement widening at the exit from
or entrance to the main-traveled way.
(e) On primary highways outside of incorporated cities, no advertising device may
be located closer than 300 feet from the intersection of any primary highway at grade with
another highway, or with a railroad; provided that advertising may be affixed to or located
adjacent to a building at such intersection in such a manner as not to cause any greater
obstruction of vision than that caused by the building itself.
Sec. 12.
Minnesota Statutes 2008, section 173.16, subdivision 5, is amended to read:
Subd. 5.
Local control.
(a) Whenever a bona fide county or local zoning authority
has made a legitimate determination of customary usage and in the judgment of the
commissioner, reasonably provides for size, lighting and spacing control of advertising
devices, such determination shall be accepted in lieu of the provisions of this chapter in
the zoned commercial and industrial areas within the geographical jurisdiction of such
authority.
(b) All county and local zoning authorities shall give notice to the commissioner of
transportation of the establishment or revision of any commercial and industrial zones
pursuant to subdivision 1. Notice shall be by certified mail sent to the Office of the
Commissioner of Transportation in St. Paul, Minnesota, within 15 days after the effective
date of the zoning change or establishment.
(c) The commissioner may not disapprove any zoning ordinance adopted by a
county or local zoning authority that has the effect of establishing a business area unless
the zoning ordinance would result in the loss to the state of federal highway funds.
new text begin
(d) Nothing in this section prohibits a local unit of government from adopting stricter
standards to regulate the erection, maintenance, and removal of outdoor advertising
devices within its jurisdiction.
new text end
Sec. 13.
Minnesota Statutes 2008, section 173.231, is amended to read:
173.231 FEES; PROCEEDS TO TRUNK HIGHWAY FUND.
All fees collected under deleted text begin sectionsdeleted text end new text begin sectionnew text end 173.07 deleted text begin and 173.13, shalldeleted text end new text begin mustnew text end be paid into
the trunk highway fund.
Sec. 14. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In each section of Minnesota Statutes listed in column A, the revisor shall delete
every corresponding reference in column B and insert the reference listed in column C.
new text end
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new text begin
Column A new text end |
new text begin
Column B new text end |
new text begin
Column C new text end |
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new text begin
173.04, subd.4 new text end |
new text begin
173.01 new text end |
new text begin
173.02 new text end |
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new text begin
173.07, subd. 2 new text end |
new text begin
173.01 new text end |
new text begin
173.02 new text end |
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new text begin
173.08, subd. 1 new text end |
new text begin
173.01 new text end |
new text begin
173.02 new text end |
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new text begin
173.09 new text end |
new text begin
173.01 new text end |
new text begin
173.02 new text end |
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new text begin
173.10 new text end |
new text begin
173.01 new text end |
new text begin
173.02 new text end |
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new text begin
173.11 new text end |
new text begin
173.01 new text end |
new text begin
173.02 new text end |
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new text begin
173.12 new text end |
new text begin
173.01 new text end |
new text begin
173.02 new text end |
Sec. 15. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 173.01; 173.13, subdivision 5; and 173.17,
new text end
new text begin
are
repealed.
new text end