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HF 862

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/09/2017 10:50am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/06/2017
1st Engrossment Posted on 03/09/2017

Current Version - 1st Engrossment

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A bill for an act
relating to transportation; modifying provisions governing outdoor advertising
near roadways and highways; amending Minnesota Statutes 2016, sections 173.02,
subdivisions 18, 23, by adding subdivisions; 173.06, subdivision 1; 173.07,
subdivision 1; 173.08, by adding subdivisions; 173.13, subdivision 11; 173.16, by
adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter
173; repealing Minnesota Rules, parts 8810.0800, subpart 3; 8810.1300, subpart
4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Abandoned and discontinued. new text end

new text begin "Abandoned and discontinued" means an
outdoor advertising device that ceases to display advertising copy for a minimum of one
year and is not otherwise being actively marketed to display advertising copy.
new text end

Sec. 2.

Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to
read:


new text begin Subd. 17a. new text end

new text begin Conforming. new text end

new text begin "Conforming" means an outdoor advertising device that
complies with the requirements of this chapter.
new text end

Sec. 3.

Minnesota Statutes 2016, section 173.02, subdivision 18, is amended to read:


Subd. 18.

Commercial or industrial activity.

new text begin(a) new text end"Commercial or industrial activity"
for the purposes of unzoned commercial or industrial areas means an activity generally
recognized as commercial or industrial by zoning authorities in this statedeleted text begin, except thatdeleted text endnew text begin.
new text end

new text begin (b)new text end None of the following activities shall be considered commercial or industrial:

(1) outdoor advertising devicesdeleted text begin.deleted text endnew text begin;
new text end

(2) agricultural, forestry, ranching, grazing, farming and related activities, including,
but not limited to, temporary wayside fresh produce standsdeleted text begin.deleted text endnew text begin;
new text end

(3) transient or temporary activitiesdeleted text begin.deleted text endnew text begin;
new text end

(4) activities not visible from the main-traveled waydeleted text begin.deleted text endnew text begin;
new text end

(5) activities more than 660 feet from the nearest edge of the right-of-waydeleted text begin.deleted text endnew text begin;
new text end

(6) activities conducted in a building principally used as a residencedeleted text begin.deleted text endnew text begin;
new text end

(7) railroad tracks and minor sidingsdeleted text begin.deleted text endnew text begin;
new text end

new text begin (8) advertising located on vehicles or tractor trailers;
new text end

new text begin (9) commercial establishments or businesses that have ceased to exist or operate; or
new text end

new text begin (10) a business created to install new outdoor advertising devices.
new text end

Sec. 4.

Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to
read:


new text begin Subd. 21a. new text end

new text begin Nonconforming. new text end

new text begin "Nonconforming" means an outdoor advertising device
that was lawfully erected and has been maintained lawfully but does not comply with the
requirements of this chapter. A nonconforming sign is one that remains in substantially the
same condition it was on the effective date of this chapter.
new text end

Sec. 5.

Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to
read:


new text begin Subd. 21b. new text end

new text begin Off-premise new text end

new text begin "Off-premise" means an outdoor advertising device that
advertises or pertains to any business, product, person, activity, event, or service that is not
primarily conducted, sold, manufactured, offered, or located on the property where the sign
is located.
new text end

Sec. 6.

Minnesota Statutes 2016, section 173.02, subdivision 23, is amended to read:


Subd. 23.

Scenic area.

"Scenic area" means an area within which control and regulation
of the erection and maintenance of advertising devices may be exercised to the extent herein
provided and such areas shall include only those established as such by the commissioner
of transportation.new text begin Scenic area includes a scenic byway under United States Code, title 23,
section 162.
new text end

Sec. 7.

Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to
read:


new text begin Subd. 23a. new text end

new text begin Scenic byways. new text end

new text begin "Scenic byways" means roads that recognize outstanding
scenic, cultural, historic, natural, recreational, and archaeological qualities and landscapes
pursuant to United States Code, title 23, section 162.
new text end

Sec. 8.

Minnesota Statutes 2016, 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 deleted text beginissuance of permits or renewals thereof for
the erection and
deleted text end maintenance of new text beginlegal nonconformingnew text end advertising devices within scenic
areas; provided that the commissioner shall not adopt, modify, amend, or repeal any rule
that will impair any agreement deleted text beginwithdeleted text end new text beginbetween the state andnew text end the federal government new text beginunder
this chapter
new text end. 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. 9.

Minnesota Statutes 2016, section 173.07, subdivision 1, is amended to read:


Subdivision 1.

Forms; content.

Application for permits or renewals thereof for the
placement deleted text beginand maintenancedeleted text end of advertising devices deleted text beginwithin scenic areasdeleted text end 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 such permits or renewals. new text beginA permit is
required to access state right-of-way to maintain an advertising device.
new text end

Sec. 10.

Minnesota Statutes 2016, section 173.08, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Seed sign exemption. new text end

new text begin Crop varietal and seed corn signs adjacent to interstate
and primary highways may be erected if the device:
new text end

new text begin (1) is located on demonstration plats;
new text end

new text begin (2) is located on private property;
new text end

new text begin (3) does not violate section 160.27 or 160.2715; and
new text end

new text begin (4) does not reference an off-site address where the product may be sold.
new text end

Sec. 11.

Minnesota Statutes 2016, section 173.08, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Violations; removal. new text end

new text begin The Department of Transportation may remove signs
that violate this section using the removal procedures under section 173.13, subdivision 11.
new text end

Sec. 12.

Minnesota Statutes 2016, section 173.13, subdivision 11, is amended to read:


Subd. 11.

Removal of advertising device for noncompliance.

Advertising devices
erected or maintained after June 8, 1971, not complying with deleted text beginLaws 1971, chapter 883, and
not otherwise by Laws 1971, chapter 883, permitted to stand
deleted text end new text beginthis chapter new text endmay be removed
by the commissioner upon 60 days prior written notice by certified mail to the owner deleted text beginthereofdeleted text endnew text begin
of the advertising device
new text end and to the owner of the real property on which deleted text beginsuch deleted text endnew text beginthenew text end advertising
device is locateddeleted text begin, provided thatdeleted text endnew text begin.new text end No notice deleted text beginshall bedeleted text endnew text begin isnew text end required to be given to the owner of
an advertising device whose name is not stated upon the advertising device or the structure
on which it is displayed, unless the name of deleted text beginsuchdeleted text endnew text begin the new text end owner is otherwise reasonably known
to the commissioner. new text beginThe owner of the removed device is liable to the state for the costs of
removal.
new text endThe period of deleted text beginsuchdeleted text end notice shall be computed from the date of mailing new text beginto both the
owner of the advertising device and the owner of the real property where the device is
located. The department must store a removed outdoor advertising device for a minimum
of 30 days prior to disposal. If the outdoor advertising device is not retrieved by the owner
within 30 days of removal, the department may dispose of the outdoor advertising device.
The state is not liable for trespass actions or sign costs for outdoor advertising devices
removed under this subdivision if proper notice has been served
new text end.

Sec. 13.

new text begin [173.155] CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "changeable electronic
variable message sign" or "CEVMS" means an outdoor advertising device that contains
light-emitting diodes or other technology to display copy visible during the day and during
the night, with the copy changes initiated electronically.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin Intermittent, animated, scrolling, full-motion video elements, or
moving lights are prohibited on outdoor advertising devices, including CEVMS.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) Notwithstanding subdivision 2, a CEVMS is permissible if:
new text end

new text begin (1) the message does not change more frequently than once every six seconds;
new text end

new text begin (2) the transition between messages or copy does not exceed two seconds in duration;
new text end

new text begin (3) the message brightness does not exceed 0.3 foot-candles over ambient light, as
measured using a foot candle meter from the following distances:
new text end

new text begin (i) for signs with a nominal face size of 12 feet by 25 feet, from 150 feet;
new text end

new text begin (ii) for signs with a nominal face size of 10 feet, six inches, by 36 feet, from 200 feet;
and
new text end

new text begin (iii) for signs with a nominal face size of 14 feet by 48 feet, from 250 feet; and
new text end

new text begin (4) the sign does not direct toward the traveled way beams or rays of light of intensity
or brilliance that cause glare that impairs the vision of the driver of a motor vehicle, or
otherwise interferes with the operation of the motor vehicle.
new text end

new text begin (b) The brightness measurement under paragraph (a), clause (3), must be conducted at
least 30 minutes after sunset or at least 30 minutes before sunrise. Each CEVMS must have
automatic dimming technology that adjusts the device's brightness levels in response to
changes in ambient light.
new text end

Sec. 14.

Minnesota Statutes 2016, section 173.16, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Stationary structure. new text end

new text begin Advertising devices must:
new text end

new text begin (1) be stationary;
new text end

new text begin (2) be immobile;
new text end

new text begin (3) not have wheels; and
new text end

new text begin (4) be incapable of relocation without a permit.
new text end

Sec. 15.

Minnesota Statutes 2016, section 173.16, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Permanent business. new text end

new text begin (a) A business that is located in an unzoned commercial
and industrial area must be in existence for at least three months before a permit may be
issued. An outdoor advertising device erected prior to receiving a permit is subject to
removal.
new text end

new text begin (b) A commercial establishment may demonstrate evidence of its existence by having
a Web site, a telephone number that is answered or has an answering machine identifying
the business, a storefront, pictorial evidence of the business, a building permit, or a lease.
new text end

Sec. 16.

new text begin [173.265] OUTDOOR ADVERTISING DEVICES; REMOVAL;
MAINTENANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Destroyed" means that more than 50 percent of a nonconforming outdoor advertising
device's upright supports are physically damaged to a degree that normal repair practices
would require replacement of broken wooden supports or replacement of broken, bent, or
twisted supports for metal sign structures.
new text end

new text begin (c) "Reasonable repair and maintenance" means customary maintenance and change of
a sign's copy or message, and includes replacement of existing light fixtures with energy
efficient fixtures or installation of other energy efficiency improvements. Reasonable repair
and maintenance does not include:
new text end

new text begin (1) the addition of illumination;
new text end

new text begin (2) repair, reinstallation, erection, or maintenance for outdoor advertising devices that
are destroyed, as defined under paragraph (b);
new text end

new text begin (3) enlarging the nonconforming device;
new text end

new text begin (4) changing the device from a wood structure to a steel or concrete structure; or
new text end

new text begin (5) any change that would terminate nonconforming status.
new text end

new text begin (d) "Substantial change" means any action that does not constitute reasonable repair and
maintenance.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies only to outdoor advertising devices subject
to state and federal regulation under United States Code, title 23, section 131, and any
regulations adopted under that law.
new text end

new text begin Subd. 3. new text end

new text begin Removal. new text end

new text begin The department may remove a destroyed, abandoned, or discontinued
outdoor advertising device, subject to the limitations provided under this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Reasonable repair and maintenance. new text end

new text begin (a) The owner of an outdoor advertising
device may perform reasonable repair and maintenance on any device, provided the device
is not destroyed.
new text end

new text begin (b) Any action not constituting reasonable repair and maintenance will subject the outdoor
advertising device to immediate removal under subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Substantial change. new text end

new text begin Substantial changes to outdoor advertising devices are
prohibited. A substantial change to a nonconforming outdoor advertising device will subject
the sign to immediate removal under subdivision 3.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 8810.0800, subpart 3; and 8810.1300, subpart 4, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Rule: H0862-1

8810.0800 SCENIC AREAS.

Subp. 3.

On-premise signs.

Within a scenic area on-premise signs as follows are allowed:

A.

one name plate sign per real estate parcel not to exceed eight square feet in size including trim and border but excluding base and apron supports and other structural members;

B.

two signs, one facing each direction of traffic per real estate parcel not exceeding eight square feet in size per each face, including trim and border but excluding base and apron supports and other structural members, for the purpose of advertising the sale, hire, or lease of the property or contiguous property of the parcel owner, lessee, or occupant; and

C.

any sign not exceeding 150 square feet in size (per face) including border, trim, or other embellishments, excluding base and apron supports and other structural members advertising the business conducted, services rendered, goods produced or sold that is within 100 feet in either direction of travel (as measured along the edge of the roadbed) from the site on the property where said activity or activities are conducted or access thereto is provided. Outside this 100 feet of the site on the property where said activity or activities are conducted or access thereto is provided there shall not be more than two on-premise advertising devices, one facing each direction of traffic.

8810.1300 PERMITS, FEES, AND RENEWALS.

Subp. 4.

Expiration and renewal.

Requests for permit renewals will not be accepted more than 60 calendar days prior to the expiration date of the permit. All permits within scenic areas will expire on December 31 of each year. All permits for signs in nonscenic areas will expire on June 30 of every year.