Minnesota Legislature
HF 1017
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/14/2005 |
Current Version - as introduced
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A bill for an act
relating to advertising; regulating advertising
adjacent to certain highways; amending Minnesota
Statutes 2004, sections 173.01; 173.02, subdivisions
1, 8; 173.08, subdivision 1; 173.27.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 173.01, is
amended to read:
173.01 DECLARATION OF POLICY.
It is hereby found and declared that in the interest of and
to promote the general welfare of the people and to conserve the
natural beauty of areas adjacent to certain highways, it is
necessary to reasonably and effectively regulate and control the
erection or maintenance of advertising devices on land adjacent
to such highways. deleted text begin It is further declared that inasmuch as
outdoor advertising is an integral part of the business and
marketing function, an established segment of the national
economy, and a legitimate commercial use of property adjacent to
roads and highways, it should be allowed to operate where other
business and commercial activities are conducted, and the
regulation of outdoor advertising should occur by the
application of reasonable regulatory standards consistent with
customary use of outdoor advertising and zoning principles in
this state which will properly and adequately carry out each and
all of the purposes of Laws 1971, chapter 883; that the
regulatory standards set forth in Laws 1971, chapter 883, are
consistent with customary use in this state. It is the
intention hereby to comply with the policies declared by
Congress in United States Code, title 23, "Highways."
deleted text end
Sec. 2.
Minnesota Statutes 2004, section 173.02,
subdivision 1, is amended to read:
Subdivision 1.
Scope.
For the purposes of deleted text begin Laws 1971,
chapter 883,deleted text end new text begin this chapter,new text end the terms defined in this section
shall have the meanings herein given them.
Sec. 3.
Minnesota Statutes 2004, 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 an interstate or deleted text begin trunk deleted text end new text begin primary
new text end
highway.
Sec. 4.
Minnesota Statutes 2004, section 173.08,
subdivision 1, is amended to read:
Subdivision 1.
Advertising devices restricted.
No
advertising devicedeleted text begin , excepting the advertising devices described
and permitted under sections 173.01 to 173.27,deleted text end shall be erected
deleted text begin
or maintained deleted text end in an adjacent areadeleted text begin , after June 8, 1971deleted 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) advertising devices which deleted text begin are located, or which are to
be located, in business areas and which comply, or will comply
when erected,deleted text end new text begin were lawfully erected before August 1, 2005, and
thereafter maintained in compliance new text end with the provisions of
sections 173.01 to 173.27;
(9) signs placed temporarily by auctioneers under section
169.07;
(10) 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 erecteddeleted text begin .deleted text end new text begin ;
new text end
new text begin
(11) star city and county signs and recycling center signs.
new text end
Sec. 5.
Minnesota Statutes 2004, section 173.27, is
amended to read:
173.27 CITATION.
Laws 1971, chapter 883, may be cited as the "Minnesota
Outdoor Advertising Control Act."
new text begin
Sections 1 to 4 of this act may be cited as the "Minnesota
Highway Beautification and Scenic Preservation Act."
new text end