SF 3081

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to advertising devices; regulating 
  1.3             advertising adjacent to certain highways; requiring 
  1.4             the commissioner to conduct a permit fee study and 
  1.5             submit a report; amending Minnesota Statutes 2000, 
  1.6             sections 173.01; 173.02, subdivision 1; 173.08, 
  1.7             subdivision 1; 173.16, subdivision 5; 173.27; 
  1.8             Minnesota Statutes 2001 Supplement, section 161.14, 
  1.9             subdivision 45. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.12  161.14, subdivision 45, is amended to read: 
  1.13     Subd. 45.  [C. ELMER ANDERSON MEMORIAL HIGHWAY.] (a) That 
  1.14  portion of marked trunk highway No. 371 from its intersection 
  1.15  with Design Drive in Baxter to the unincorporated community of 
  1.16  Barrows, known as the Brainerd bypass, is named and designated 
  1.17  the "C. Elmer Anderson Memorial Highway."  Subject to the 
  1.18  provisions of section 161.139, the commissioner shall adopt a 
  1.19  suitable marking design to mark this highway and shall erect the 
  1.20  appropriate signs. 
  1.21     (b) No advertising device as defined in section 173.02, 
  1.22  subdivision 2, other than advertising devices described in 
  1.23  section 173.08, subdivision 1, clauses (1) to through (7), (9), 
  1.24  and (10) (11), may be erected or maintained in the area adjacent 
  1.25  to the right-of-way of the C. Elmer Anderson Memorial Highway.  
  1.26  The commissioner may remove any advertising device erected or 
  1.27  maintained in violation of this paragraph. 
  2.1      Sec. 2.  Minnesota Statutes 2000, section 173.01, is 
  2.2   amended to read: 
  2.3      173.01 [DECLARATION OF POLICY.] 
  2.4      It is hereby found and declared that in the interest of and 
  2.5   to promote the general welfare of the people and to conserve the 
  2.6   natural beauty of areas adjacent to certain highways, it is 
  2.7   necessary to reasonably and effectively regulate and control the 
  2.8   erection or maintenance of advertising devices on land adjacent 
  2.9   to such those highways.  It is further declared that inasmuch as 
  2.10  outdoor advertising is an integral part of the business and 
  2.11  marketing function, an established segment of the national 
  2.12  economy, and a legitimate commercial use of property adjacent to 
  2.13  roads and highways, it should be allowed to operate where other 
  2.14  business and commercial activities are conducted, and the 
  2.15  regulation of outdoor advertising should occur by the 
  2.16  application of reasonable regulatory standards consistent with 
  2.17  customary use of outdoor advertising and zoning principles in 
  2.18  this state which will properly and adequately carry out each and 
  2.19  all of the purposes of Laws 1971, chapter 883; that the 
  2.20  regulatory standards set forth in Laws 1971, chapter 883, are 
  2.21  consistent with customary use in this state.  It is the 
  2.22  intention hereby to comply with the policies declared by 
  2.23  Congress in United States Code, title 23, "Highways."  
  2.24     Sec. 3.  Minnesota Statutes 2000, section 173.02, 
  2.25  subdivision 1, is amended to read: 
  2.26     Subdivision 1.  [SCOPE.] For the purposes of Laws 1971, 
  2.27  chapter 883 this chapter, the terms defined in this section 
  2.28  shall have the meanings herein given them. 
  2.29     Sec. 4.  Minnesota Statutes 2000, section 173.08, 
  2.30  subdivision 1, is amended to read: 
  2.31     Subdivision 1.  [ADVERTISING DEVICES RESTRICTED.] No 
  2.32  advertising device, excepting the advertising devices described 
  2.33  and permitted under sections 173.01 to 173.27, shall be erected 
  2.34  or maintained in an adjacent area, after June 8, 1971, except 
  2.35  the following: 
  2.36     (1) directional and other official signs, including, but 
  3.1   not limited to, signs pertaining to natural wonders, scenic and 
  3.2   historical attractions, which are required or authorized by law, 
  3.3   and which comply with rules which shall be promulgated by the 
  3.4   commissioner relative to their lighting, size, spacing and other 
  3.5   requirements as may be appropriate to implement sections 173.01 
  3.6   to 173.27; 
  3.7      (2) advertising devices advertising the sale or lease of 
  3.8   property upon which they are located, provided that there shall 
  3.9   not be more than one such sign, advertising the sale or lease of 
  3.10  the same property, visible to traffic proceeding in any one 
  3.11  direction on any one interstate or primary highway; 
  3.12     (3) advertising devices advertising activities conducted on 
  3.13  the property on which they are located, including, without 
  3.14  limiting the generality of the foregoing, goods sold, stored, 
  3.15  manufactured, processed or mined thereon, services rendered 
  3.16  thereon, and entertainment provided thereon; 
  3.17     (4) advertising devices stating the name and address of the 
  3.18  owner, lessee or occupant of such property or information 
  3.19  otherwise required or authorized by law to be posted or 
  3.20  displayed thereon; 
  3.21     (5) public utility signs; 
  3.22     (6) service club and religious notices; 
  3.23     (7) advertising devices of which the advertising copy or 
  3.24  the name of the owner thereof is in no part visible from the 
  3.25  traveled way of the aforesaid highways; 
  3.26     (8) advertising devices which are located, or which are to 
  3.27  be located, in business areas and which comply, or will comply 
  3.28  when erected, that were lawfully erected before August 1, 2002, 
  3.29  and thereafter maintained in compliance with the provisions of 
  3.30  sections 173.01 to 173.27; 
  3.31     (9) signs placed temporarily by auctioneers under section 
  3.32  169.07; 
  3.33     (10) star city and county signs and recycling center signs; 
  3.34  and 
  3.35     (11) community identification signs which are located 
  3.36  within two miles of the community and do not exceed 750 square 
  4.1   feet.  "Community" means a county, town, or home rule charter or 
  4.2   statutory city.  Prior to the erection of a community 
  4.3   identification sign, the community must: 
  4.4      (i) obtain approval from the governing body of the 
  4.5   community; 
  4.6      (ii) consult with local road authorities on placement and 
  4.7   location of the sign; and 
  4.8      (iii) obtain consent of the owner of the land on which the 
  4.9   sign is to be erected. 
  4.10     Sec. 5.  Minnesota Statutes 2000, section 173.16, 
  4.11  subdivision 5, is amended to read: 
  4.12     Subd. 5.  [LOCAL CONTROL.] (a) Whenever a bona fide county 
  4.13  or local zoning authority has made a legitimate determination of 
  4.14  customary usage and, in the judgment of the commissioner, 
  4.15  reasonably provides for size, lighting, and spacing control of 
  4.16  advertising devices, such determination shall be accepted in 
  4.17  lieu of the provisions of this chapter in the zoned commercial 
  4.18  and industrial areas within the geographical jurisdiction of 
  4.19  such authority, except that no county or local zoning authority 
  4.20  may allow for the erection of an advertising device in an 
  4.21  adjacent area other than as provided in section 173.08. 
  4.22     (b) All county and local zoning authorities shall give 
  4.23  notice to the commissioner of transportation of the 
  4.24  establishment or revision of any commercial and industrial zones 
  4.25  pursuant to subdivision 1.  Notice shall be by certified mail 
  4.26  sent to the office of the commissioner of transportation in St. 
  4.27  Paul, Minnesota, within 15 days after the effective date of the 
  4.28  zoning change or establishment. 
  4.29     (c) The commissioner may not disapprove any zoning 
  4.30  ordinance adopted by a county or local zoning authority that has 
  4.31  the effect of establishing a business area unless the zoning 
  4.32  ordinance would result in the loss to the state of federal 
  4.33  highway funds. 
  4.34     Sec. 6.  Minnesota Statutes 2000, section 173.27, is 
  4.35  amended to read: 
  4.36     173.27 [CITATION.] 
  5.1      Laws 1971, chapter 883, may be cited as the "Minnesota 
  5.2   Outdoor Advertising Control Act."  
  5.3      Section 4 of this act may be cited as the "Minnesota 
  5.4   Highway Beautification and Scenic Preservation Act." 
  5.5      Sec. 7.  [ADVERTISING DEVICE PERMIT FEE STUDY.] 
  5.6      (a) The commissioner of transportation shall conduct a 
  5.7   study to establish an advertising device permit fee structure 
  5.8   that is based on the following factors: 
  5.9      (1) the average daily traffic on the interstate or trunk 
  5.10  highway, which is adjacent to the area containing the 
  5.11  advertising device; and 
  5.12     (2) the size of the advertising area. 
  5.13     (b) In developing the fee structure, the commissioner shall 
  5.14  consider the historic costs of the department related to highway 
  5.15  beautification and recommend a fee structure that, at a minimum, 
  5.16  will provide adequate revenues to fund these activities at an 
  5.17  increased level. 
  5.18     (c) The commissioner shall submit recommendations regarding 
  5.19  the proposed permit fee structure to the committees of the 
  5.20  senate and house of representatives with jurisdiction over 
  5.21  transportation policy and finance by January 15, 2003.