HF 909

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to advertising devices; prohibiting erection 
  1.3             of additional billboards near roads and highways; 
  1.4             restricting maintenance of advertising devices; 
  1.5             amending Minnesota Statutes 1998, sections 173.02, 
  1.6             subdivisions 8 and 13; 173.03; 173.05; 173.06, 
  1.7             subdivision 1; 173.07, subdivision 1; 173.08, 
  1.8             subdivision 1; 173.13, subdivisions 1, 2, and 4; 
  1.9             173.16, subdivisions 4 and 5; and 173.231; repealing 
  1.10            Minnesota Statutes 1998, sections 173.01; 173.13, 
  1.11            subdivision 5; and 173.17. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 173.02, 
  1.14  subdivision 8, is amended to read: 
  1.15     Subd. 8.  [ADJACENT AREA.] "Adjacent area" means any area 
  1.16  adjacent to the right-of-way of an interstate or trunk any road 
  1.17  or highway. 
  1.18     Sec. 2.  Minnesota Statutes 1998, section 173.02, 
  1.19  subdivision 13, is amended to read: 
  1.20     Subd. 13.  [MAINTAIN.] "Maintain" means to allow to 
  1.21  exist without alteration, or to repair normal wear and tear.  
  1.22  Maintenance does not include the increase of advertisement size 
  1.23  or height or alteration, such as the addition of lighting, 
  1.24  moving parts, or cutouts.  
  1.25     Sec. 3.  Minnesota Statutes 1998, section 173.03, is 
  1.26  amended to read: 
  1.27     173.03 [ROAD ADVERTISING PERMIT WITHIN SCENIC AREA.] 
  1.28     Except as otherwise provided in sections 173.01 173.02 to 
  2.1   173.11, the erection or maintenance of any advertising device 
  2.2   located within a scenic area without a written permit therefor 
  2.3   granted by the commissioner of transportation is 
  2.4   prohibited.  Erection of any advertising device within a scenic 
  2.5   area is prohibited. 
  2.6      Sec. 4.  Minnesota Statutes 1998, section 173.05, is 
  2.7   amended to read: 
  2.8      173.05 [ACQUISITION OF PROPERTY.] 
  2.9      The commissioner of transportation shall acquire all rights 
  2.10  in property, personal or real, necessary to carry out the 
  2.11  purposes of sections 173.01 173.02 to 173.11, by purchase, gift, 
  2.12  or eminent domain proceedings.  All costs of acquisition of such 
  2.13  rights shall be necessary for a highway purpose.  Nothing herein 
  2.14  shall be construed to limit any right, power or authority to 
  2.15  regulate and control the erection or maintenance of advertising 
  2.16  devices under the provisions of any other law of this state. 
  2.17     Sec. 5.  Minnesota Statutes 1998, section 173.06, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [AUTHORITY.] The commissioner of 
  2.20  transportation shall adopt and may modify, amend or repeal rules 
  2.21  governing the issuance of permits or renewals thereof for the 
  2.22  erection and maintenance of advertising devices within scenic 
  2.23  areas; provided that the commissioner shall not adopt, modify, 
  2.24  amend or repeal any rule that will impair any agreement with the 
  2.25  federal government.  The commissioner of transportation may 
  2.26  limit the application of any rule adopted by the commissioner to 
  2.27  exclude or include in whole or in part, specified areas within 
  2.28  the scenic area based upon use, nature of the surrounding 
  2.29  community, or such other factors as may make separate 
  2.30  classification or rule necessary or desirable. 
  2.31     Sec. 6.  Minnesota Statutes 1998, section 173.07, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [FORMS; CONTENT.] Application for permits 
  2.34  or permit renewals thereof for the placement and maintenance of 
  2.35  advertising devices within scenic areas shall be on forms 
  2.36  prescribed by the commissioner and shall contain such 
  3.1   information as the commissioner may require.  No advertising 
  3.2   device shall be placed without the consent of the owner or 
  3.3   occupant of the land, and adequate proof of such consent shall 
  3.4   be submitted to the commissioner at the time application is made 
  3.5   for such permits or renewals.  
  3.6      Sec. 7.  Minnesota Statutes 1998, section 173.08, 
  3.7   subdivision 1, is amended to read: 
  3.8      Subdivision 1.  [ADVERTISING DEVICES RESTRICTED.] No 
  3.9   advertising device, excepting the advertising devices described 
  3.10  and permitted under sections 173.01 to 173.27, shall be erected 
  3.11  or maintained in an adjacent area, after June 8, 1971, except 
  3.12  the following: 
  3.13     (a) directional and other official signs, including, but 
  3.14  not limited to, signs pertaining to natural wonders, scenic and 
  3.15  historical attractions, which are required or authorized by law, 
  3.16  and which comply with rules which shall be promulgated by the 
  3.17  commissioner relative to their lighting, size, spacing and other 
  3.18  requirements as may be appropriate to implement sections 173.01 
  3.19  to 173.27; 
  3.20     (b) advertising devices advertising the sale or lease of 
  3.21  property upon which they are located, provided that there shall 
  3.22  not be more than one such sign, advertising the sale or lease of 
  3.23  the same property, visible to traffic proceeding in any one 
  3.24  direction on any one interstate or primary highway; 
  3.25     (c) advertising devices advertising activities conducted on 
  3.26  the property on which they are located, including, without 
  3.27  limiting the generality of the foregoing, goods sold, stored, 
  3.28  manufactured, processed or mined thereon, services rendered 
  3.29  thereon, and entertainment provided thereon; 
  3.30     (d) advertising devices stating the name and address of the 
  3.31  owner, lessee or occupant of such property or information 
  3.32  otherwise required or authorized by law to be posted or 
  3.33  displayed thereon; 
  3.34     (e) public utility signs; 
  3.35     (f) service club and religious notices; 
  3.36     (g) advertising devices of which the advertising copy or 
  4.1   the name of the owner thereof is in no part visible from the 
  4.2   traveled way of the aforesaid highways; 
  4.3      (h) advertising devices which are located, or which are to 
  4.4   be located, in business areas and which comply, or will comply 
  4.5   when erected, with the provisions of sections 173.01 to 173.27; 
  4.6      (i) signs placed temporarily by auctioneers under section 
  4.7   169.07; 
  4.8      (j) (i) community identification signs which are located 
  4.9   within two miles of the community and do not exceed 750 square 
  4.10  feet.  "Community" means a county, town, or home rule charter or 
  4.11  statutory city.  Prior to the erection of a community 
  4.12  identification sign, the community must: 
  4.13     (1) obtain approval from the governing body of the 
  4.14  community; 
  4.15     (2) consult with local road authorities on placement and 
  4.16  location of the sign; and 
  4.17     (3) obtain consent of the owner of the land on which the 
  4.18  sign is to be erected. 
  4.19     Sec. 8.  Minnesota Statutes 1998, section 173.13, 
  4.20  subdivision 1, is amended to read: 
  4.21     Subdivision 1.  [PERMIT REQUIRED.] No advertising device 
  4.22  shall be erected or maintained in any adjacent area without a 
  4.23  permit therefor being first obtained from the commissioner, 
  4.24  except that permit systems of legitimate local zoning 
  4.25  authorities shall take precedence inside a business area. 
  4.26     Sec. 9.  Minnesota Statutes 1998, section 173.13, 
  4.27  subdivision 2, is amended to read: 
  4.28     Subd. 2.  [RULES.] The commissioner of transportation may 
  4.29  adopt, modify, amend, or repeal rules governing the issuance of 
  4.30  permits or renewals therefor for the erection and maintenance of 
  4.31  advertising devices adjacent to the interstate and primary 
  4.32  system of highways, provided that such rules shall not be more 
  4.33  restrictive than the provisions of sections 173.13 to 173.231. 
  4.34     Sec. 10.  Minnesota Statutes 1998, section 173.13, 
  4.35  subdivision 4, is amended to read: 
  4.36     Subd. 4.  [FEES.] The annual fee for each such permit or 
  5.1   renewal thereof shall be as follows: 
  5.2      (1) If the advertising area of the advertising device does 
  5.3   not exceed 50 square feet, the fee shall be $30. 
  5.4      (2) If the advertising area exceeds 50 square feet but does 
  5.5   not exceed 300 square feet, the fee shall be $60. 
  5.6      (3) If the advertising area exceeds 300 square feet, the 
  5.7   fee shall be $120. 
  5.8      (4) No fee shall be charged for a permit for official signs 
  5.9   and notices as they are defined in section 173.02, except that a 
  5.10  fee may be charged for a star city sign erected under section 
  5.11  173.085. 
  5.12     Sec. 11.  Minnesota Statutes 1998, section 173.16, 
  5.13  subdivision 4, is amended to read: 
  5.14     Subd. 4.  [SPACING.] (1) Advertising devices shall not 
  5.15  be erected or maintained in such a place or manner as to obscure 
  5.16  or otherwise physically interfere with an official traffic 
  5.17  control device or a railroad safety signal or sign, or to 
  5.18  obstruct or physically interfere with the drivers' view of 
  5.19  approaching, merging or intersecting traffic for a distance of 
  5.20  500 feet. 
  5.21     (2) No advertising device shall be erected located closer 
  5.22  to any other such advertising device on the same side of the 
  5.23  same highway facing traffic proceeding in the same direction 
  5.24  than (a) 500 feet on any interstate highway or fully controlled 
  5.25  freeway in a zoned or unzoned commercial or industrial area 
  5.26  within or outside an incorporated city, (b) 300 feet on a 
  5.27  primary highway in a zoned commercial or industrial area outside 
  5.28  an incorporated city, (c) 400 feet on a primary highway in an 
  5.29  unzoned commercial or industrial area outside an incorporated 
  5.30  city, (d) 100 feet on a primary highway inside an incorporated 
  5.31  city; provided, however, that this provision shall not prevent 
  5.32  the erection maintenance of double-faced, back-to-back, or 
  5.33  V-type advertising devices with a maximum of two signs per 
  5.34  facing; provided further, however, that such spacing 
  5.35  requirements shall not apply as between any off-premise 
  5.36  advertising device permitted under the provisions of Laws 1971, 
  6.1   Chapter 883. 
  6.2      (3) The above spacing between advertising devices does not 
  6.3   apply to structures separated by buildings or other obstructions 
  6.4   in such a manner that only one sign facing located within the 
  6.5   above spacing distances is visible from the highway at any one 
  6.6   time. 
  6.7      (4) On interstate highways or fully controlled access 
  6.8   freeways outside of incorporated cities, no advertising device 
  6.9   may be located adjacent to or within 500 feet of an interchange, 
  6.10  intersection at grade, or safety rest area.  Said 500 feet shall 
  6.11  be measured along such highway from the beginning or ending of 
  6.12  pavement widening at the exit from or entrance to the main 
  6.13  traveled way. 
  6.14     (5) On primary highways outside of incorporated cities, no 
  6.15  advertising device may be located closer than 300 feet from the 
  6.16  intersection of any primary highway at grade with another 
  6.17  highway, or with a railroad; provided that advertising may be 
  6.18  affixed to or located adjacent to a building at such 
  6.19  intersection in such a manner as not to cause any greater 
  6.20  obstruction of vision than that caused by the building itself. 
  6.21     Sec. 12.  Minnesota Statutes 1998, section 173.16, 
  6.22  subdivision 5, is amended to read: 
  6.23     Subd. 5.  [LOCAL CONTROL.] (1) Whenever a bona fide county 
  6.24  or local zoning authority has made a legitimate determination of 
  6.25  customary usage and in the judgment of the commissioner, 
  6.26  reasonably provides for size, lighting and spacing control of 
  6.27  advertising devices, such determination shall be accepted in 
  6.28  lieu of the provisions of this chapter in the zoned commercial 
  6.29  and industrial areas within the geographical jurisdiction of 
  6.30  such authority. 
  6.31     (2) All county and local zoning authorities shall give 
  6.32  notice to the commissioner of transportation of the 
  6.33  establishment or revision of any commercial and industrial zones 
  6.34  pursuant to subdivision 1.  Notice shall be by certified mail 
  6.35  sent to the office of the commissioner of transportation in St. 
  6.36  Paul, Minnesota, within 15 days after the effective date of the 
  7.1   zoning change or establishment. 
  7.2      (3) The commissioner may not disapprove any zoning 
  7.3   ordinance adopted by a county or local zoning authority that has 
  7.4   the effect of establishing a business area unless the zoning 
  7.5   ordinance would result in the loss to the state of federal 
  7.6   highway funds. 
  7.7      (4) Nothing in this section prohibits a local unit of 
  7.8   government from adopting stricter standards to regulate the 
  7.9   erection, maintenance, and removal of outdoor advertising 
  7.10  devices within its jurisdiction. 
  7.11     Sec. 13.  Minnesota Statutes 1998, section 173.231, is 
  7.12  amended to read: 
  7.13     173.231 [FEES; PROCEEDS TO TRUNK HIGHWAY FUND.] 
  7.14     All fees collected under sections section 173.07 and 
  7.15  173.13, shall be paid into the trunk highway fund. 
  7.16     Sec. 14.  [REPEALER.] 
  7.17     Minnesota Statutes 1998, sections 173.01; 173.13, 
  7.18  subdivision 5; and 173.17, are repealed. 
  7.19     Sec. 15.  [INSTRUCTION TO REVISOR.] 
  7.20     In each section of Minnesota Statutes listed in column A, 
  7.21  the revisor shall delete every corresponding reference in column 
  7.22  B and insert the reference listed in column C. 
  7.23       Column A                  Column B          Column C 
  7.24       173.04, subd. 4            173.01            173.02
  7.25       173.07, subd. 2            173.01            173.02
  7.26       173.08, subd. 1            173.01            173.02
  7.27       173.09                     173.01            173.02
  7.28       173.10                     173.01            173.02
  7.29       173.11                     173.01            173.02
  7.30       173.12                     173.01            173.02