BEFORE THE TRANSPORTATION COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I; amendment of ARM 18.6.202, 18.6.203, 18.6.204, 18.6.205, 18.6.206, 18.6.211, 18.6.212, 18.6.213, 18.6.215, 18.6.221, 18.6.231, 18.6.232, 18.6.238, 18.6.239, 18.8.240, 18.6.241, 18.6.243, 18.6.246, 18.6.247, 18.6.251, 18.6.252, 18.6.262, 18.6.264; and repeal of ARM 18.6.244 and 18.6.245 pertaining to Outdoor Advertising Control

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION, AMENDMENT, AND REPEAL

 

TO: All Concerned Persons

 

1. On April 1, 2016, at 10:00 a.m., the Department of Transportation will hold a public hearing in the Transportation Commission meeting room, room number 200 of the Montana Department of Transportation building, 2701 Prospect Ave., Helena, Montana, to consider the proposed adoption, amendment, and repeal of the above-stated rules.

 

2. The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Transportation no later than 5:00 p.m. on March 25, 2016, to advise us of the nature of the accommodation that you need. Please contact Patrick J. Hurley, Department of Transportation, Outdoor Advertising Control, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6068; fax (406) 444-7254; TTY Service (406) 444-7696 or (800) 335-7592; or e-mail [email protected].

 

3. The rule as proposed to be adopted provides as follows:

 

NEW RULE I  ELECTRONIC BILLBOARD STANDARDS (1) An electronic billboard (EBB) may be approved as an off-premise outdoor advertising sign if it is visible to the traveling public from a controlled route and is within an area zoned commercial or industrial within the city limits or urban area of an incorporated or unincorporated city or town as shown on the department's official city urban and unincorporated town maps.

(2) An EBB must meet all of the following conditions:

(a) EBB messages must have a minimum display (dwell) time of eight seconds and a maximum change (twirl) interval of one second;

(b) an EBB shall not exceed a brightness level of three tenths (0.3) footcandles over ambient light as measured by the distance to the EBB as follows:

EBB face area (square feet)        Distance of Measurement (feet from EBB)

300-672                                      250

200-299                                      150

150-199                                      135

100-149                                      110

(c) an EBB must use automatic dimming technology to adjust the brightness of the EBB relative to ambient light to avoid exceeding the brightness level of three tenths (0.3) footcandles;

(d) an EBB must not be placed with illumination that interferes with the effectiveness of or obscures an official traffic sign, device, or signal;

(e) an EBB must not cause beams or rays or light to be directed at the traveled way if the light is of unreasonable intensity or brilliance or is likely to be mistaken for a warning or danger signal or cause glare or impair the vision of any driver, or to interfere with the driver's operation of a motor vehicle;

(f) an EBB message must remain static and nonmoving. Paging, scrolling, or streaming messages are prohibited. The message must not use techniques of message display such as fading, rolling, window shading, exploding, dissolving, spinning, revolving, or shaking messages;

(g) an EBB must not include or be illuminated by flashing, intermittent, or moving lights, nor use jumping arrows or rapid chasing or flashing lamp borders, or lights which resemble or simulate any lights used to control traffic;

(h) an EBB must not be located within 1000 feet of the beginning or ending of the pavement widening, for each entrance or exit roadway, to the main-traveled way on interchanges, and within 500 feet of an intersection;

(i) an EBB must not be placed within 2000 feet of another permitted sign measured along the nearest edge of the pavement between points directly opposite the signs on the same side of the roadway;

(j) an EBB must only be constructed as a single face, back-to-back, or two-faced V-shaped structure. Only one face may be visible in each direction of the main-traveled way. Side-by-side or stacked EBBs are prohibited;

(k) an EBB must not be a portable sign which is used as permanent illuminated signage, as only a fixed sign is allowed;

(l) an EBB must not use wording that implies traffic control or a highway emergency;

(m) an EBB must not attempt or appear to attempt to direct the movement of traffic and must not interfere with, imitate, or resemble any official traffic sign, signal, or device;

(n) an EBB must contain a default mechanism which will stop the sign face in one position if a malfunction which causes the display to be in violation of this rule occurs, or within three hours when notified by the department; and

(o) an EBB must not cause interference with radio, television, or other utility electronic signal.

(3) An existing non-EBB may be modified or upgraded to EBB technology if the sign conforms with EBB criteria established in this rule relating to zoning, size, lighting, and spacing.  Prior approval from the department is required to upgrade an existing sign to EBB technology, including a new sign application and a nonrefundable inspection fee.

(4) Nonconforming signs must not be modified or upgraded to EBB technology.

(5) All applications for EBB original or upgraded permits must be accompanied by an approval issued by a local or county government on a form provided by the department. Approval of an application and issuance of a permit do not alleviate an applicant for responsibility to comply with all applicable county or local regulations. Any violation of county or local regulations may result in revocation of the permit.

(6) All EBBs must undergo an inspection after installation to demonstrate the EBB's ability to comply with all requirements set forth in this rule.

(7) Violation of this rule may result in revocation of the permit.

 

AUTH:  75-15-121, MCA

IMP:  75-15-111, 75-15-112, 75-15-113, MCA

 

REASON:  The department proposes to adopt New Rule I establishing new minimum standards for permitting electronic billboards (EBBs) along controlled routes in Montana. Previously, EBBs were prohibited along controlled routes by department administrative rule. The department recognizes the increased use of LED technology in the outdoor advertising industry, and now proposes to allow the technology on permitted signs, with restrictions on location, spacing, brightness, message change time, etc. to better accommodate the use of this technology for outdoor advertising purposes.

 

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

          18.6.202 DEFINITIONS (1) remains the same.

          (a) the sign remains in the absence of a valid lease or written permission from the landowner;

(b) the sign has been without a message for a period of at least six months face is blank;

          (c)  the sign contains obsolete advertising matter is obsolete;

          (d) remains the same.

          (e) the sign structure has not been erected;

          (f)  the sign structure or sign face has been removed; or

          (g) remains the same.

          (2) "Advertising device" means any outdoor sign, display, device, figure painting, drawing, message, placard, poster, billboard, structure, or any other contrivance designed, intended, or used to advertise or to give information in the nature of advertising and having the capacity of being visible from any place on the main traveled way of any interstate, national highway system, or federal aid primary highway system. This includes any device located outside or on the outside of any building which identifies or advertises any business, enterprise, organization or project, product, or service, including all parts such as frames and supporting structures located on any premises be means of painting on or attached bills, letters, numerals, pictorial matter, or electric or other devices including any airborne device tethered to any building, structure, vehicle, or other anchor and an announcement, notice, directional matter, name, declaration, demonstration, display, mural, or insignia, whether permanent, temporary, or portable installation. The term includes the sign face(s) and the sign structure. Gravestones and dedication markers erected by governmental entities or nonprofit entities as tributes or memorials are not considered advertising devices. Advertising device is synonymous with sign.

(3) through (5) remain the same but are renumbered (2) through (4).

          (6)(5) "Blank sign" means a sign structure that has no face or has faces without 100 percent advertising cover. The term also includes signs containing notices the sign is for rent or lease.

          (7) and (8) remain the same but are renumbered (6) and (7).

          (9) "Commercial activity" is defined at 75-15-103, MCA, and has the additional meaning of income production property such as, but not limited to, office buildings, retail buildings, hotels, banks, restaurants, service outlets, and owner- occupied properties being put to income producing uses. The term does not include any activity that has been in business less than one year, or any property on which the only commercial activity is the erection or maintenance of an outdoor advertising structure.

          (10) remains the same but is renumbered (8).

          (11)(9)  "Commercial or industrial zone or area" is defined at 75-15-103, MCA, and has the additional meaning of those districts areas established by the zoning authorities as being most appropriate for commerce, industry, or trade, regardless of how labeled. The zones are commonly categorized as commercial, industrial, business, manufacturing, highway service or highway business (when these latter are intended for highway-oriented business), retail, trade, warehouse, and similar classifications.

          (12) remains the same but is renumbered (10).

          (13)(11)  "Controlled route" means any route on the national highway system, which includes the interstate system, and any route on the former federal-aid primary system in existence on June 1, 1991 federal-aid interstate, National Highway System (NHS), or primary system.

(14) remains the same but is renumbered (12).

          (15)(13) "Destroyed sign" means a sign that is no longer in existence due to factors other than vandalism or other criminal or tortious acts. The term includes a sign which has been blown down by the wind and sustains damage in excess of 60 percent.

          (16) through (20) remain the same but are renumbered (14) through (18).

          (21) "Gore" means the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way on highway interchanges.

          (22) through (24) remain the same but are renumbered (19) through (21).

          (25) "Industrial Activity" is defined at 75-15-103, MCA, and has the additional meaning of land or improvements that an industrial business is currently using or can be adopted by the business for future industrial use; a combination of land, improvements, and machinery integrated into a functioning unit to assemble, process, and manufacture products from raw materials or fabricated parts; factories that render service, including but not limited to laundries, dry cleaners, storage warehouses, refineries; or areas on which an industrial business produces natural resources. The term does not include any activity that has been in business less than one year, or any property on which the only industrial activity is the erection or maintenance of an outdoor advertising structure.

          (26)(22)  "Interchange" means is defined at 75-15-103, MCA, and has the additional meaning of a junction of two or more highways by a system of separate levels that permit traffic to pass from one to another without the crossing of traffic streams, and a system of interconnecting roadways in conjunction with one or more grade separations that provides for the movement of traffic between two or more roadways or highways on different levels.

          (27)(23)  "Intersection" means is defined at 75-15-103, MCA, and has the additional meaning of a system of two or more interconnecting roadways without a grade separation providing for the exchange of traffic. Only a road, street, or highway which enters directly into the main-traveled way of an interstate or primary highway controlled route is regarded as intersecting. An alley, undeveloped right-of-way other than an interstate or primary highway, a private road, or a driveway are not regarded as an intersecting street, road, or highway.

(28) remains the same but is renumbered (24).

(29)(25)  "Mobile advertising device" or "car wrap" or "taxi display" means devices displayed on vehicles that may independently become part of traffic flow, or may be parked at specific locations, and which are capable of being transported over public roads and streets whether or not it is so transported. The term includes devices displayed on other portable or movable objects or animals.

          (30) and (31) remain the same but are renumbered (26) and (27).

          (32)(28)  "Nonconforming sign" is defined in 75-15-111, MCA, and also has the meaning of an outdoor advertising structure sign which was lawfully erected but which does not comply with the provisions of state law or state administrative rules passed at a later date, or which fails to comply with state law or state administrative rules due to changed conditions. The term does not include illegally erected or maintained signs.

          (33) through (41) remain the same but are renumbered (29) through (37).

          (38) "Rural area" means any area not defined as an urban area.

          (42) (39)  "Sign face" means the surface of the sign that carries the advertising message and is the portion of the sign structure visible from a single direction of travel and available for advertising. It includes border and trim, but excludes the base or apron, supports, sign posts, and other structural members. The total area of all sign faces may also be referred to as the "sign area." One sign structure may have more than one face.

          (43)(40)  "Sign structure" means an advertising device the portion of the sign that supports the sign face(s) including the sign face posts, base or apron, supports, and other structural members.

          (44) through (48) remain the same but are renumbered (41) through (45).

          (46) "Urban area" is defined in 75-15-103, MCA, and also has the meaning of areas within the boundaries shown on the department's official urban maps.

          (49)(47)  "V-type sign" means a sign structure that consists of multiple sign facings faces placed at angles to each other, oriented in different directions and not exceeding ten feet apart at the their nearest point of each other.

 

AUTH:  75-15-121, MCA

IMP:  75-15-103, 75-15-111, 75-15-112, 75-15-113, 75-15-121, MCA

 

REASON:  The proposed amendments are necessary to clarify definitions used throughout this subchapter. The proposed amendment to (1)(a) through (g) will simplify and consolidate the definition of "abandoned sign" to provide consistency in format and use of terms. Federal and state statutes do not allow abandoned signs to remain in a permitted location. The proposed amendment to (2) will delete the definition of "Advertising device," as this definition is not used elsewhere within the rules, and therefore does not require a definition. The proposed amendment to (6) will delete the sentence which formerly included signs with "for rent" or "for lease" messages as part of the definition of blank signs. Section 75-15-111(1)(b), MCA, already allows for signs which advertise the sale or lease of the property upon which they are located. The proposed amendment to (9) will delete the definition of "commercial activity," as the definition is already found in statute at 75-15-103, MCA, and administrative rules may not unnecessarily repeat statutory language. The proposed amendment to (11) will substitute "areas" for the word "districts," as the word "areas" more clearly matches the terminology used by zoning authorities.  The proposed amendment to (13) clarifies the definition of "controlled route" to include National Highway System (NHS) routes.  The proposed amendment to (15) will delete the portion of the definition which included signs blown down by the wind as part of the definition of "destroyed sign." The definition already includes signs no longer in existence due to any factor other than vandalism or criminal or tortious acts. The proposed amendment to (21) will delete the definition of "gore," as the definition in this rule conflicts with other MDT definitions of "gore of the interchange." Section 75-15-113(9), MCA, already addresses the statutory prohibition for placement of signs within 500 feet from the "beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way," so no additional definition of "gore" as pavement widening is necessary. The proposed amendment to (25) will delete the definition of "industrial activity," as that definition is already found in statute at 75-15-103, MCA. Administrative rules may not unnecessarily repeat statutory language.  The proposed amendments to (26) and (27) will identify the statutory definition of the term and clarify the additional wording to be contained in administrative rule.  The proposed amendment to (29) is necessary to expand the definition of "mobile advertising devices" to include other portable objects or animals as items upon which off-premise advertising must not be placed. The proposed amendment to (32) will change "structure" to "sign" for consistency with rule definition amendments being proposed. The proposed addition of (39) will add a definition for "rural area," as that term is used throughout the administrative rules and must be defined for clarity of use. The proposed amendments to (42) and (43) will clarify definitional language for consistency with other rule definitions and general use of the terms throughout the rules. The proposed amendment to add (46) will define "urban area," as that term is used throughout the administrative rules and must be defined for clarity of use. The proposed amendment to (47) will make grammatical changes to the definition for clarity and ease of use.

 

          18.6.203 UNZONED COMMERCIAL ACTIVITY (1) remains the same.

          (a) the commercial permanent buildings or improvements comprising a business the commercial activity and its associated buildings used to qualify an area must be located within 660 feet of the right-of-way of an interstate or primary highway a controlled route;

          (b)  a the commercial business activity may not be located inside a structure which is also used as a residence, nor in a building intended for use by the resident such as a garage or other outbuilding. If a residence exists on the location, the business commercial activity must be located in a separate building from the residence, and must meet all requirements in this rule for utilities, parking, etc.;

          (c) the commercial activities activity shall have been in business at least one year prior to being considered as qualifying the area as an unzoned commercial area;

          (d) the permanent buildings or improvements comprising a commercial business intended to serve the traveling public commercial activity must be clearly visible to the traveling public on the controlled route, and be easily recognizable as a commercial activity, and have an on-premise sign, visible from the controlled route, which identifies the commercial activity;

          (e) a the commercial activity activity's associated building must be connected to one two or more utilities; have a restroom; and shall be occupied and open to the public during regularly scheduled hours in excess of 20 hours per week, at least six months of a calendar year;

          (f) the commercial activity must include a commercial building with a permanent foundation equipped with a permanent floor from material other than dirt, gravel, or sand;

          (f) signs, displays, or other devices identifying the commercial business may be considered in the determination of visibility;

          (g) seasonal (but not temporary or transient) commercial activities may be considered as a qualifying activity at the discretion of the department;

          (h)(g)  a the commercial activity shall must have direct vehicular access from a public road that is normal and customary for ingress and egress by the public to the commercial activity as well as adequate parking to accommodate public access;

          (i) a commercial activity shall include two or more customary facilities such as indoor restrooms, running water, functional electrical connections, and adequate heating and shall be equipped with a permanent flooring from material other than dirt, gravel, or sand;

(j)(h)  a the commercial business shall activity must hold a current, valid business license issued by a local, county, or state government which authorizes the business the commercial activity to operate from that location. If no business license is required for the location, a government-issued authorization for the business operation which establishes the length of time for the business operation at the specific location may be substituted with department approval;

(k)(i)  any commercial building shall have a permanent foundation, built or modified for its current commercial use. Where where a trailer, mobile home, or similar structure is used as a business office for the commercial activity's associated building, all wheels, and axles, and springs shall be removed. The vehicle shall mobile home or similar structure must be permanently secured on piers, pad, or foundation; and

(l) remains the same but is renumbered (j).

          (2) A maximum of two signs shall may be permitted from a qualifying commercial activity. The sign(s) shall be located on the same side of the controlled highway as the qualifying activity, unless the property is separated from the controlled highway by a frontage, access, or other type of road parallel to the controlled highway. If the property is located adjacent to a parallel road, the sign(s) shall be located on the same side of the parallel road as the qualifying activity, and shall not be located between the parallel road and the controlled highway. and its associated building, regardless of the number of qualifying commercial activities conducting business from the same building.

(3) Signs must meet the following requirements:

(a) the sign(s) must be located on the same side of the controlled route as the qualifying activity;

(b) if the qualifying activity is separated from the controlled route by a frontage, access, or other type of road parallel to the controlled route, the sign(s) must be located on the same side of the parallel road as the qualifying activity and must not be located between the parallel road and the controlled route.

(3)(4) Unzoned commercial areas are not created when:

(a) and (b) remain the same.

(c) activities are conducted in a building that is used the building associated with the commercial activity is used solely to store trade equipment or that is not integral to the business operation where actual business transactions take place;

(d) spot-zoning or strip-zoning of an area for the displaying of outdoor advertising has occurred.

(4)(5) If the qualifying commercial business activity at the sign location ceases for a period of nine months, the sign will be deemed nonconforming, and must adhere to all outdoor advertising statutes and rules on repair or replacement of nonconforming signs found at ARM 18.6.251. If a qualifying commercial business activity again becomes operational at the sign location, the sign will revert to its former conforming status for the duration of the business commercial activity's operation and nine months thereafter.

 

AUTH: 75-15-121, MCA

IMP:  75-15-103, 75-15-111, 75-15-113, MCA

 

REASON: The proposed amendments are necessary to clarify the criteria for unzoned commercial activities which may qualify a location for an off-premise outdoor advertising permit. The proposed amendments to (1) and (2) will address situations which may create confusion for permit applicants, including: requirement of utilities and restroom; identification signs visible from the controlled route; permanent foundation; requirement of a government-issued business license or alternative permit or registration which establishes at least a one-year length of business operation; limit of two permitted signs on any location, regardless of the number of separate businesses on the site.  The proposed amendment to (3) will re-organize language on existing requirements for sign locations on the same side of the highway as the qualifying activity, including clarification of locations in the presence of frontage or parallel roads for ease of use by applicants and permit holders.  The proposed amendment to (4) will clarify language on use of buildings associated with the commercial activity. The proposed amendment to (5) will clarify language on the permitted sign's status if the qualifying commercial activity ceases to operate at the site.

 

          18.6.204 ON-PREMISE SIGNS - QUALIFYING LOCATIONS (1) and (2) remain the same.

          (a) Premises include the area occupied by the buildings and appurtenances associated with the activity such as parking lots, storage areas, processing areas, or areas for the physical uses that are customarily incidental customary to the activity, including open spaces landscaped, arranged and designed to be used in connection with the buildings or activities.

          (b) through (6) remain the same.

 

AUTH:  75-15-121, MCA

IMP:  75-15-103, 75-15-111, 75-15-113, MCA

 

REASON: The proposed amendment is necessary to clarify language in (2)(a) on use of on-premise areas such as buildings and landscaped areas when evaluating on-premise sign locations, to avoid confusion among permit applicants or holders.

 

          18.6.205 OFF-PREMISE SIGNS - LOCATIONS - COMPLIANCE WITH STATUTES, RULES, ORDINANCES (1) through (3) remain the same.

          (4) Off-premise signs visible from a controlled route must not be located outside the on government owned right-of-way, subject to the following setback:.

          (a)(5) Off-premise signs located outside an incorporated area, no further than  must not be more than 660 feet from the outer edge of the right-of-way;.

          (b)(6)  inside Off-premise signs located within an incorporated area, must be in compliance with the setback requirements established by local ordinance or other regulation.

          (5) remains the same but is renumbered (7).

          (8) Local transit authority bus shelters erected within the right-of-way on controlled routes, under an approved department encroachment permit, may display and maintain commercial advertisements, without obtaining an outdoor advertising permit, subject to the following requirements:

          (a) commercial advertisements may only be placed on interior shelter panels with font size and message intended for viewing by shelter occupants, with only incidental visibility to the traveling public;

          (b) commercial advertisements must not exceed 24 square feet on each shelter panel;

          (c) commercial advertisements must not be placed on the roof of the shelter; and

          (d) commercial advertisements must not be placed on the exterior panels of the shelter.

          (6)(9)  The provisions of this section these outdoor advertising rules shall not be deemed to supersede the rights and powers of counties and municipalities to enact outdoor advertising or sign ordinances that are more restrictive than this rule.

          (7) remains the same but is renumbered (10).

 

          AUTH:  75-15-121, MCA

          IMP:  75-15-104, 75-15-111, MCA

 

REASON: The proposed amendments are necessary to standardize rule language for clarity and consistency with other administrative rules. The proposed amendment to (8) will address requests for commercial advertising on bus shelters which may be erected within the right-of-way on controlled routes. The proposed amendment will cross reference the department's encroachment permit process to ensure all standards for safety of encroachments within the right-of-way are met before advertising is considered within the bus shelter.  The proposed amendment will also list the requirements necessary for commercial advertising within a bus shelter, to ensure the ads conform to a standard size, and are visible to the bus shelter occupants only, and not to the traveling public.  The proposed amendments comply with Federal Highway Administration (FHWA) requirements for a state to request a waiver to allow limited bus shelter advertising within the right-of-way, which is generally prohibited.

 

          18.6.206 UNZONED INDUSTRIAL ACTIVITY (1) remains the same.

          (a) the industrial permanent buildings, improvements, or industrial activities area activity and associated office building used to qualify an area must be located within 660 feet of the right-of-way of an interstate or primary highway a controlled route;

          (b) an industrial business the industrial activity may not be located inside a structure which is used for a residence, or in a building intended for use by the resident such as a garage or other outbuilding. If a residence exists on the location, the location shall not qualify for use as an unzoned industrial activities area;

          (c) any business conducting industrial activities shall the industrial activity must have been in business at least one year prior to being considered as qualifying the area as an unzoned industrial area;

          (d) signs, displays, or other devices identifying any industrial business may be considered in the determination of visibility; the industrial activity must be clearly visible to the traveling public on the controlled route, and be easily recognizable as an industrial activity, and have an on-premise sign, visible from the controlled route, which identifies the industrial activity;

          (e) seasonal (but not temporary or transient) industrial activities may not be considered as a qualifying activity at the discretion of the department;

          (f) an industrial activities activity's associated area areas may include readily identifiable areas for which the primary uses are the manufacturing, servicing, or storage of goods;

          (g) an industrial activity shall hold a current, valid business license issued by a local, county, or state government which authorizes the industrial activity to operate from that location;. If no business license is required for the location, a government-issued authorization for the business operation which establishes the length of time for the business operation at the specific location may be substituted with department approval;

          (h) any industrial building shall have the industrial activity must have an associated building with a permanent foundation, built or modified for its current industrial use. Where a trailer, mobile home, manufactured home, or similar structure is used as an industrial business office for the associated building, all wheels, axles, and springs shall must be removed and the trailer, mobile home, or similar structure. The mobile structure shall must be permanently secured on piers, pad, or foundation; and

          (i) a self-propelled vehicle shall not qualify for use as an industrial business or office the industrial activity's associated building for the purpose of these rules.

          (2) A maximum of two signs shall may be permitted from a qualifying industrial activity.  The sign(s) shall be located on the same side of the controlled highway as the qualifying activity, unless the property is separated from the controlled highway by a frontage, access, or other type of road parallel to the controlled highway. If the property is located adjacent to a parallel road, the sign(s) shall be located on the same side of the parallel road as the qualifying activity, and shall not be located between the parallel road and the controlled highway. and its associated building, regardless of the number of separate qualifying industrial activities conducting business from the same building.

(3) Signs must meet the following requirements:

          (a) the sign(s) must be located on the same side of the controlled route as the qualifying industrial activity; and

          (b) if the qualifying activity is separated from the controlled route by a frontage, access, or other type of road parallel to the controlled route, the sign(s) must be located on the same side of the parallel road as the qualifying activity, and must not be located between the parallel road and the controlled route.

          (3)(4)  Unzoned industrial areas are not created when:

          (a) an industrial activity is located either partially or totally within an area which has been zoned by a bona fide state, county, or local zoning authority; or

          (b) an industrial activity is engaged in or established primarily for the purpose of qualifying an area for the displaying of outdoor advertising; or.

          (c) spot-zoning or strip-zoning of an area for the display of outdoor advertising has occurred.

          (4)(5)  If the qualifying industrial activity at the sign location ceases for a period of nine months, the sign will be deemed nonconforming, and must adhere to all outdoor advertising statutes and rules on repair or replacement of nonconforming signs found at ARM 18.6.251. If a qualifying industrial activity again becomes operational at the sign location, the sign will revert to its former conforming status for the duration of the industrial activity and nine months thereafter.

          (5) remains the same but is renumbered (6).

 

AUTH: 75-15-121, MCA

IMP:  75-15-103, 75-15-111, 75-15-113, MCA

 

REASON:  The proposed amendments are necessary to clarify the establishment of unzoned industrial activities which may qualify a location for an off-premise outdoor advertising permit. The proposed amendments to (1) and (2) will address situations which may create confusion for permit applicants, including: identification signs visible from the controlled route; requirement of a government-issued business license or authorization which establishes at least a one-year length of business operation; limit of two permitted signs on any location, regardless of the number of separate businesses on the site.  The proposed amendment to (3) will reorganize language on existing requirements for sign locations on the same side of the highway as the qualifying activity, including clarification of locations in the presence of frontage or parallel roads for ease of use by applicants and permit holders.  The proposed amendment to (4) will clarify language on situations when unzoned industrial areas are not created. The proposed amendment to (5) will clarify language on the permitted sign's status if the qualifying industrial activity ceases to operate at the site.

 

18.6.211 PERMITS (1) through (4) remain the same.

(5) Signs shall be assigned a permit number and given a permanent identification plate that must be attached to the structure.  The permit plate must not be leased to any other party.  Permit plates remain the property of the department and shall be returned to the department upon relinquishment or revocation of the permit or upon request of the department.

(6) and (7) remain the same.

          (8) A new sign may not be erected without first applying for and receiving a permit. Failure to obtain a permit prior to sign erection may result in denial of a pending application.

          (9) Ownership of a sign permit may must not be transferred without the express written consent of the permit holder(s) on a form provided by the department., and submitted to the department at least 30 days prior to the transfer. Failure to timely provide the transfer form may result in voiding the transfer, or revocation of the permit. The current permit holder(s) must sign the form transferring the permit, and provide written permission and signature from the current landowner for the transfer. Permit holder or transferee may alternatively submit proof of a permanent property right (e.g., easement) for the sign location. Only off-premise commercial advertising sign permits may be transferred. Temporary, church and service club, directional, cultural, noncommercial, political, and official signs shall not be transferred, but may be terminated by permit holder request or department action.

          (10) and (11) remain the same.

 

AUTH: 75-15-121, MCA

IMP:  75-15-122, MCA

 

REASON: The proposed amendment to (5) is necessary to clarify the prohibition on lease of a permit plate from a permit holder to any other party. The proposed amendment to (8) is necessary to clearly identify the penalties which may result from erection of a sign before a permit is issued by MDT.  The proposed amendment to (9) is necessary to set a 30-day requirement for receipt of the required permit transfer form.  The department has not been receiving transfer forms in a timely manner, and thus must impose a deadline and penalty to ensure compliance with the transfer rule.

 

          18.6.212 PERMIT APPLICATIONS - NEW SIGN SITES (1) through (3) remain the same.

          (4) Applications for permits shall must be submitted on forms provided by the department and must contain a minimum of the following:

          (a) remains the same.

          (b) location of proposed sign including highway number, nearest milepost, GPS longitude and latitude for the edge of the sign structure nearest to the controlled route, side of highway, county, and distance and direction to nearest sign;

          (c) acknowledgement of zoning, if any, by local authority;

          (d) signature of appropriate local government authority;

          (e)(c)  description of structure including width of sign, height of sign, height of structure, type of sign (single-faced, double-faced, v-type, multi-faced), lighted (yes/no), and estimated cost of construction to include labor and material; and

          (f) landowner consent;

          (g)(d) property description or legal description;. and

          (h) a scale drawing with all details of the proposed sign structure, including accurate dimensions. All measurements must be from the outer edges of the regularly used buildings, parking lots, storage or processing and landscaped areas of the commercial or industrial activities, not from the property lines of the activities, and must be along or parallel to the edge of the pavement of the highway.

(5)  Applications for permits must be accompanied by the following:

(a) remains the same.

(b) a local zoning certification for outdoor advertising on a form provided by the department; and

          (c) a business license issued by a local, county, or state government authorizing the business to operate at the qualifying location, when the application is for a site located in an unzoned commercial or industrial area.  If no business license is required for the location, a government-issued authorization for the business operation, which establishes the length of time for the business operation at that location, may be substituted with department approval;

          (d)  a scale drawing with all details of the proposed sign structure, including accurate dimensions and a current photograph of both the staked location and the qualifying activity. All measurements must be from the outer edges of the qualifying activity's associated building for the commercial or industrial activity, along or parallel to the edge of the pavement of the controlled route, but not from the property lines of the activity; and

          (e) a landowner affidavit, on a form provided by the department.

          (6) The applicant must clearly mark stake the physical place the sign is to be erected with the exact location of the proposed sign site to enable department personnel to perform the required site inspection.

          (7) remains the same.

          (8) Each application must be complete and accompanied by all required supplemental materials.  The department reserves the right to reject ineligible, incomplete, or otherwise improper applications.  Rejected applications will be returned to the applicant for correction of identified deficiencies by the applicant.

 

AUTH: 75-15-121, MCA

IMP: 75-15-122, MCA

 

REASON: The proposed amendment to (4) is necessary to add a GPS requirement for sign locations, to aid the department in tracking and inventory of permitted sign locations. The proposed amendments to (5) are necessary to inform permit applicants of application processes and forms including: insertion of a photograph requirement for use in evaluating permit applications; requirement of a local zoning certificate form; reiterating the business license requirement and exception language to be consistent with ARM 18.6.203 and 18.6 206; and requirement of an applicant landowner affidavit form. Existing rule language on local authority requirements and landowner consent has been reworded and moved into different subsections for clarity.  The proposed amendment to (5) is also necessary to clarify for applicants the list of materials which must accompany an application, including a business license, or an exception to the business license as determined by MDT. The proposed amendment to (8) is necessary to impose a procedure for rejection and return of incomplete applications.

 

18.6.213 PERMIT ATTACHMENT (1) through (4) remain the same.

(5) If the department revokes a permit, the sign for which the permit was issued becomes an illegal sign and must be removed. The permit plate must be destroyed and disposed of properly.

(6) remains the same.

 

AUTH: 75-15-121, MCA

IMP: 75-15-122, MCA

 

REASON: The proposed amendment is necessary to insert a requirement for destruction and disposal of a revoked permit, to clarify the process for permit holders.

 

          18.6.215 FEES (1)  Fees shall must be transmitted by check payable to the Montana Department of Transportation. The department assumes no responsibility for loss in transit of such remittances. Applicants not submitting proper fees will be notified by the department. Fees Inspection fees are nonrefundable.

          (2) Fees Permit fees shall be calculated based on total square footage of sign face or total square footage of sign faces combined (aggregate) when more than one sign face is present on a single structure.

          (3) The fees shall be as follows:

          (a) Inspection inspection fee (must accompany the sign permit application)          $100.00 150.00

          (b) Initial initial permit fee for sign size based on aggregate size of all sign faces:

          (i) through (iii) remain the same.

          (iv)  aggregate of sign faces totals over 672 sq. ft.      $ 150.00

          (c) Renewal renewal fee (3 year cycle) for sign size based on aggregate size of all sign faces:

          (i) through (iii) remain the same.

          (iv) aggregate of sign faces totals over 672 sq. ft.      $ 225.00

          (d) Replacement replacement permit plate                 $   20.00

 

AUTH: 75-15-121, MCA

IMP:  75-15-122, MCA

 

REASON: The proposed amendment to (3)(a) will increase the inspection fee from $100.00 to $150.00. The fee increase is necessary to cover the department's increased costs of staff and travel time to travel to often-distant sign locations and complete the necessary inspection. The proposed fee increase will impact approximately 36 permit applicants, based on the 36 applications in 2014, resulting in a revenue increase of approximately $1800 annually. The proposed amendments to the remaining subsections are for clarification and consistency of language only and will not increase or decrease any other fee.

 

18.6.221 NEW SIGN ERECTION - CONSTRUCTION STANDARDS 

(1) through (1)(d) remain the same.

(e) provide written and photo verification of the sign erection.

(2) remains the same.

(3) Where a sign is erected with the purpose of its message being read from two or more highways, one or more of which is a controlled highway route, the more stringent of application control requirements will apply.

(4) remains the same.

(5) Failure to abide by these rules may result in revocation of the permit.

 

AUTH: 75-15-121, MCA

IMP: 75-15-113, 75-15-122, MCA

 

REASON:  The proposed amendments to (1)(e) and (3) are necessary to clarify rule language and make it consistent with other proposed rule amendments in this notice. The proposed amendment to (5) is necessary to notify applicants and permit holders of the penalty for failure to abide by this new sign erection rule, as violations of this rule have occurred in the past.

 

18.6.231 OFF-PREMISE SIGN STANDARDS (1)  Standards for off-premise permitted signs are found at 75-15-113, MCA, and include the additional standards in this rule, unless otherwise controlled by standards for the specific type of sign (church and service clubs, directional, cultural, noncommercial, or official) as found in these rules.

(2)  Off-premise permitted signs on controlled routes must comply with the following spacing requirements:

          (a) signs adjacent to an interstate highway, or limited-access primary or National Highway System (NHS) highway must be a minimum of 500 feet apart on the same side of the roadway;

          (b) signs adjacent to nonlimited access primary or NHS highways must be a minimum of 300 feet apart on the same side of the roadway;

          (c) signs, whether or not visible to the main traveled way of the interstate system or other controlled route, must not be located within the limits of a grade separated interchange, including its entrance or exit roadways. The limits of an interchange shall include 500 feet beyond the beginning or ending of the gore, or pavement widening, for each entrance or exit roadway, along the controlled route and all interconnecting roadways;

          (d)(c)  signs, whether or not visible to the main traveled way of a controlled route, must not be located within 500 feet of any of an intersection, intersecting roadway, junction, property driveway, or connecting roadways with approaching or merging traffic in rural areas, or within 140 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadways with approaching or merging traffic in cities or towns, unless the sign is a bench with a maximum height of three feet at its highest point, or the sign is erected with the height above ground level (HAGL) of at least eight feet as measured at a right angle from the surface of the roadway at the centerline of the controlled route;

          (e) signs must not be located within 500 feet of any of the following that are adjacent to the controlled route unless the signs are in an incorporated area:

          (i) public parks;

          (ii) public forests;

          (iii) public playgrounds; or

          (iv) scenic areas designated as such by the department or other state agency having and exercising this authority;

          (f) remains the same but is renumbered (d).

          (g)(e)  the minimum distance between signs shall be measured along the nearest edge of the pavement of the controlled route between points directly opposite the signs; and

          (h)(f)  multi-faced signs shall be considered as a single sign or structure. 

          (i) side-by-side signs on individual structures are considered as two signs for both spacing and permit requirements.

          (3) Off-premise permitted signs on controlled routes must comply with the following size requirements:

          (a) signs, including the total number of sign faces facing the same direction, must not exceed 672 square feet in area, including border and trim, but excluding base or apron, supports, or other structural members;

          (b) signs must not exceed 48 feet in length;

          (c) signs must not exceed 30 feet in height, as measured from a right angle from the surface of the roadway at the centerline of the controlled route, or from a point on the sign structure which is at the same elevation as the crown of the roadway to the top of the highest sign face;

          (d) signs within 500 feet of any intersection, intersecting roadway, junction, property driveways, approaching or merging traffic must be erected with the height above ground level (HAGL) of not less than 8 feet.

(4)(3)  Off-premise permitted signs on controlled routes which must not have any of the following characteristics shall not be erected, or the sign shall be subject to permit revocation and sign removal:

          (a) remains the same.

          (b) signs that are illegal, destroyed, abandoned, or discontinued signs;

          (c) through (f) remain the same.

          (g) signs which prevent the driver of a vehicle from having a clear and unobstructed view of at-grade intersections, junctions, property driveways, approaching or merging traffic, an intersection, official traffic control signs, or other traffic control devices;

          (h) through (n) remain the same.

          (o) signs located in a scenic area or parkland area;

          (p) remains the same but is renumbered (o).

 

AUTH: 75-15-121, MCA

IMP:  75-15-113, 75-15-121, MCA

 

REASON: The proposed amendments are generally necessary to delete rule language which unnecessarily repeats statutory language. The proposed amendments to (2) are necessary to: clarify sign spacing requirements on controlled routes; delete repetitive language on sign proximity to pavement widening areas; clarify the prohibition on sign locations in close proximity to intersections and driveways and add a height above ground level requirement for safety purposes; delete repetitive language on proximity to public areas; delete repetitive language on sign size, as those restrictions are already contained in statute. The proposed amendments to (4) are necessary to clarify language on existing restrictions on sign characteristics to avoid confusion by permit holders or the public.

 

18.6.232 PROHIBITED SIGNS (1) The following types of off-premise commercial signs, regardless of the message, are prohibited in controlled areas:

(a) commercial variable message signs (CVMS); and

(b) electronic billboards (EBB). Commercial variable message signs are prohibited on controlled routes.

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, 75-15-113, MCA

 

REASON: The proposed amendments are necessary to distinguish between Electronic Billboards (EBB) and Commercial Variable Message Signs (CVMS) and to remove EBB from the prohibited signs rule, as EBB will now be allowed under the provisions and restrictions of New Rule I. CVMS is a different type of sign, as defined in ARM 18.6.202(10), which includes flashing, moving, or intermittent lights, thus must be prohibited as a violation of the Federal-State Agreement.

 

          18.6.238 COMMUNITY WELCOME TO SIGNS (1) A community, county, or sovereign nation may erect welcome to signs within its territorial jurisdiction or zoning jurisdiction, as long as the community, county, or sovereign nation exercises some form of governmental authority over the area upon which the sign is located (e.g., city limits).  Community welcome to signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule. Welcome to signs must not be erected by other types of governmental entities including states or tourist area regions.

(2) through (5) remain the same.

          (6)  Welcome to signs may only be placed in qualifying locations which meet all the following requirements:

          (a) remains the same.

          (b) on private or other government-owned property adjacent to controlled routes, except for interstate routes, with permission of the landowner;

          (c) and (d) remain the same.

          (e) more than 500 feet from an intersection, intersecting roadway, junction, property driveway, or connecting roadway with approaching or merging traffic in rural areas, and more than 140 feet from an intersection, intersecting roadway, junction, property driveway, or connecting roadway with approaching or merging traffic in cities or towns;

(f) outside an intersection sight triangle;

(g) more than 500 feet from public parks, public forests, public playgrounds, or designated scenic areas which are adjacent to the controlled route, unless the sign is in an incorporated area;

          (h) through (j) remain the same but are renumbered (e) through (g).

(7) through (14) remain the same.

 

AUTH: 61-8-203, 75-15-121, MCA

IMP: 61-8-203, 75-15-111, 75-15-113, MCA

 

REASON:  The proposed amendment to (1) is necessary to clarify that welcome to signs must continue to meet all sign standards found in statute and rule (e.g., signs may not exceed 48 feet in length). The current wording has created some confusion among communities wishing to erect welcome to signs and remain in compliance with outdoor advertising statutes and rules. The proposed amendment to (6) is necessary to make the language on interstate placement and distances from intersections consistent with all rules and rule amendments currently being proposed.

 

18.6.239 MOBILE ADVERTISING DEVICES - SIGNS ON VEHICLES

          (1) remains the same.

          (2) Vehicles, trailers, or other portable objects displaying off-premise mobile advertising devices being used for outdoor advertising purposes must not be parked on public or private land visible to the traveling public from any place on a controlled route, whether the display is permanent or portable, regardless of the length of time the vehicle is parked in any one or more locations.

          (3) remains the same.

 

AUTH: 75-15-121, MCA

IMP:  75-15-111, 75-15-113, MCA

 

REASON: The proposed amendment is necessary to include trailers and other portable objects within the prohibited type of mobile advertising devices, to clarify to the public when mobile devices may not display off-premise advertising.

 

          18.6.240 TEMPORARY SIGNS (1)  Temporary signs are considered on-premise signs and may be erected in all zoning districts along controlled routes without permits for the purposes described in this rule only. Temporary signs must not:  Temporary signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

          (2) Temporary signs must not:

          (a) and (b) remain the same.

          (c) be placed in the public right-of-way or on public property;

          (d) be attached on fences, power poles, traffic signal poles or boxes, street lights, trees, rocks, or other natural features;

          (e) obstruct the view of motor vehicle operators or create a traffic hazard;

          (f) be located within 500 feet of an intersection at grade along a primary highway, or within 500 feet of an interchange or rest area on the interstate highway system as measured from the beginning of the pavement widening for the interchange;

          (g) remains the same but is renumbered (c).

          (h) be erected within 500 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadways with approaching or merging traffic in rural areas, or within 140 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadways with approaching or merging traffic in cities or towns;

(i)(d) be erected on along interstate highways.

(2)(3)  Temporary signs must be removed within the time limits set forth for the sign category in this rule. The department shall notify the landowner, and where appropriate, the real estate agent listed on the sign, and the sign owner of illegal signs which are not removed within ten days of the time limit expiration. The signs shall be removed by the department 24 hours after notification to the landowner and agent and sign owner.

(3) remains the same but is renumbered (4).

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, 75-15-121, MCA

 

REASON:  The proposed amendments are necessary to clarify language on temporary signs, and insert a cross reference to the appropriate statute and administrative rule for restrictions on sign standards. The cross reference will eliminate the need to repeat the sign standards and restrictions within each rule addressing separate categories or types of signs.

 

          18.6.241 CHURCH AND SERVICE CLUB SIGNS (1) A church, service club, or youth organization which conducts regular meetings may erect and maintain signs which give the name of the organization and the time and place at which regular meetings are held. subject to the following criteria:  Church and service club signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Church and service club signs must not:

          (a) Not have more than a total of four signs may be erected by any one group, of which no more than three can face in the same direction of travel;

          (b) Signs may not be more than five miles from where the meetings or functions are regularly held; and

          (c) The size of each new sign shall not exceed eight square feet;.

          (d) Signs must not exceed 30 feet in height, as measured from a right angle from the surface of the roadway at the centerline of the controlled route, or from a point on the sign structure which is at the same elevation as the crown of the roadway to the top of the highest sign face;

          (e) Signs visible from controlled routes must not be located within 500 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadways with approaching or merging traffic in rural areas, or within 140 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadways with approaching or merging traffic in cities or towns;

          (f) Signs visible from interstate highways must not be located within 500 feet of the gore of an interchange;

          (g) Public forests, public playgrounds, and designated scenic areas shall be considered to be a conforming area with respect to the erection of these signs;

          (h) Church and service club signs shall meet all general restrictions on characteristics for off-premise signs found in ARM 18.6.231;

          (i)(3) The activity advertised must be a regularly scheduled daily, weekly, monthly, or quarterly meeting, function, or gathering which members of the traveling public using the highway will be likely to want to find and attend;.

          (j) remains the same but is renumbered (4).

          (2) remains the same but is renumbered (5).

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, 75-15-113, 75-15-121, MCA

 

REASON: The proposed amendments are necessary to clarify language on church and service club signs, and insert a cross reference to the appropriate statute and administrative rule for restrictions on sign standards. The cross reference will eliminate the need to repeat the sign standards and restrictions within each rule addressing separate categories or types of signs.

 

18.6.243 DIRECTIONAL SIGNS  (1) Directional signs pertaining to natural wonders, scenic and historical attractions, nonprofit historical and arts organizations, or ranching, grazing, or farming activities may be erected and maintained providing the signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, and pictorial or photographic representations of the activity or its surrounding areas are prohibited. To be eligible, privately owned attractions or activities must be nationally or regionally known, and of interest to the traveling public.  Directional signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

          (2) Directional signs must not:

          (a) have more than one sign, pertaining to the same activity, facing the same direction of travel, erected along a single route approaching the activity;

          (b) be located more than 75 air miles from the activity if adjacent to the interstate system;

          (c) be located more than 50 air miles from the activity if adjacent to the primary system;

          (2)(d) Directional signs shall not exceed the following size limits: exceed 32 square feet with a maximum height of 4 feet and length of 8 feet; and

          (e) use descriptive words, phrases, pictorial or photographic representations of the activity or its surrounding areas.

          (a) maximum area – 32 square feet;

          (b) maximum height – 4 feet;

          (c) maximum length – 8 feet.

          (3) Directional signs shall meet the following spacing requirements:

          (a) directional signs visible from controlled routes must not be located within 500 feet of an intersection in rural areas, or within 140 feet of an intersection in cities or towns;

          (b) directional signs visible from interstate highways must not be located within 500 feet of the gore of an interchange;

          (c) directional signs must not be located within 500 feet of any of the following that are adjacent to the controlled route unless the signs are in an incorporated area:

          (i) public parks;

          (ii) public forests;

          (iii)  public playgrounds; or

          (iv) scenic areas designated as such by the department or other state agency having and exercising this authority;

          (d) directional signs facing the same direction of travel shall be limited to signs spaced at least one mile apart;

          (e) directional signs pertaining to the same activity, facing the same direction of travel, which are erected along a single route approaching the activity are limited to one sign;

          (f) directional signs located adjacent to the interstate system shall be within 75 air miles of the activity;

          (g) directional signs located adjacent to the primary system shall be within 50 air miles of the activity.

          (4) Directional signs shall meet all general restrictions on characteristics for off-premise signs found in ARM 18.6.231.

          (3) Directional signs for different attractions or activities facing the same direction of travel shall be spaced more than one mile apart.

          (5) remains the same but is renumbered (4).

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, 75-15-113, MCA

 

REASON: The proposed amendments are necessary to clarify language on directional signs, and insert a cross reference to the appropriate statute and administrative rule for restrictions on sign standards. The cross reference will eliminate the need to repeat the sign standards and restrictions within each rule addressing separate categories or types of signs.

 

18.6.246 POLITICAL SIGNS (1) Signs promoting political candidates or issues shall be placed on private property only and cannot be placed without the permission of the property owner.  Political signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

          (2) Political signs shall must not:

          (a) be placed on or allow any portion to intrude in the public right-of-way or on public property; and

          (b) be attached on public right-of-way fences; be placed within 100 feet of any entrance to the building in which a polling place is located.

          (c) obstruct the view of motor vehicle operators or create a traffic hazard;

          (d) be placed within 500 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadways with approaching or merging traffic at grade along a primary highway, or within 500 feet of an interchange or rest area on the interstate highway system as measured from the beginning of the pavement widening for the interchange;

          (e) attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal, or device;

          (f) prevent the driver of a vehicle from having a clear and unobstructed view of at-grade intersections, approaches, official traffic control signs, other traffic control devices, or merging traffic;

(g) be placed within 100 feet of any entrance to the building in which a polling place is located;

          (h) use lighting in any way unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of the highway, or is of such low intensity or brilliance as to not cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

          (3) Political signs will not be considered in determining the spacing required between conforming off-premises outdoor advertising signs.

          (3) and (4) remain the same but are renumbered (4) and (5).

          (5) It is the responsibility of the candidate or political committee to ensure all signs are in compliance with this rule.

          (6) remains the same.

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, MCA

 

REASON: The proposed amendments are necessary to clarify language on political signs, and insert a cross reference to the appropriate statute and administrative rule for restrictions on sign standards. The cross reference will eliminate the need to repeat the sign standards and restrictions within each rule addressing separate categories or types of signs. Other amendments will reorganize rule language for clarity and ease of use by the public.

 

18.6.247 OFFICIAL SIGNS (1) Official signs must be erected outside the right-of-way and maintained by a public office or agency. Official signs must be erected pursuant to direction or authorization contained in federal, state, or local law, such that the office must be directed by statute or must have the specific authority by statute to erect and maintain signs and notices.  Official signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Official signs must not exceed 150 square feet.

          (2) remains the same but is renumbered (3).

          (3)  Official signs must be erected pursuant to direction or authorization contained in federal, state, or local law, such that the office must be directed by statute or must have the specific authority by statute to erect and maintain signs and notices.

(4) Official signs must be erected outside the right-of-way and maintained by a public office or agency.

          (4)(5) An official Official signs of a local government will not be considered in determining the spacing required between conforming off-premise outdoor advertising signs located off premises.

          (5) The maximum area of an official sign shall not exceed 150 square feet.

          (6) Signs must not exceed 30 feet in height as measured from a right angle from the surface of the roadway at the centerline of the controlled route, or from a point on the sign structure which is at the same elevation as the crown of the roadway to the top of the highest sign face.

(7) Official signs visible from controlled routes must not be located within 500 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadway with approaching or merging traffic in rural areas, or within 140 feet of an intersection, intersecting roadway, junction, property driveway, or connecting roadway with approaching or merging traffic in cities or towns.

          (8) Official signs visible from interstate highways must not be located within 500 feet of the gore of an interchange.

          (9) Official signs must not be located within 500 feet of any of the following that are adjacent to the controlled route unless the signs are in an incorporated area:

          (a) public parks;

          (b) public forests;

          (c) public playgrounds; or

          (d) scenic areas designated as such by the department or other state agency having and exercising this authority.

          (10) Official signs shall meet all general restrictions on characteristics for off-premise signs found in ARM 18.6.231.

          (11) remains the same but is renumbered (6).

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, 75-15-113, MCA

 

REASON: The proposed amendments are necessary to clarify language on official signs, and insert a cross reference to the appropriate statute and administrative rule for restrictions on sign standards. The cross reference will eliminate the need to repeat the sign standards and restrictions within each rule addressing separate categories or types of signs. Other amendments will reorganize rule language for clarity and ease of use by the public.

 

18.6.251 REPAIR OF NONCONFORMING SIGNS (1) through (2)(e) remain the same.

(3) At least 30 days prior to performing any repair or maintenance of a nonconforming sign, the sign owner must submit to the department a repair application detailing the following:

(a) all proposed repairs or maintenance to be performed, including a list of materials to be used and associated material costs; and

(b) a listing of all materials required to replace the sign new with current costs.

(4) The department will review all repair applications and notify the sign owner of approval or denial of the repair application within 30 days of receipt.

(5) After department approval, the sign owner may proceed with the repair or maintenance identified.  All repair or maintenance work must be done within 90 days of approval.  The sign owner must provide the department with written and photo verification of the repair or maintenance performed.

(6) If the department denies a repair application, the department will notify the sign owner of the reason for denial.

(3) through (7) remain the same but are renumbered (7) through (11).

          (8)(12)  The department shall notify a sign owner of a violation of this rule. The department may allow a permittee who has increased the dimensions or has lighted a previously unlighted nonconforming sign 90 days to restore the sign as originally permitted. If the dimensions are increased or the sign is lighted a second time, the permit will be revoked by the department.  Failure to submit a repair application prior to repairing or maintaining a nonconforming sign may result in revocation of the permit and removal of the nonconforming sign at the sign owner's expense.

          (9) and (10) remain the same but are renumbered (13) and (14).

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, 75-15-121, MCA

 

REASON: The proposed amendment will add a requirement of application for maintenance or repair of nonconforming signs, so the department may review work to ensure compliance with the appropriate statutory requirements for maintenance and repair of nonconforming signs.  The proposed amendments will create a new process to allow the department to oversee nonconforming sign maintenance and repair, and will lessen any confusion by permittees over existing processes for repair or maintenance of nonconforming signs.  The proposed amendment will also outline a penalty for failure to submit a repair application for nonconforming sign work.

 

          18.6.252 UPGRADE OR RELOCATION OF CONFORMING SIGNS 

          (1) Upgrade or relocation of a conforming sign which results in a change from that shown on the last approved permit application will require a new application for upgrade of the existing permit. but will not  Applicants will be charged additional a nonrefundable inspection fees. Failure to obtain a permit upgrade or relocation approval prior to performing the upgrade or relocation may result in revocation of the permit. Changes requiring a permit upgrade or relocation approval include changes in:

          (a) through (g) remain the same.

          (2) Any application for relocation or upgrade must meet the standard of lawful ordinance, regulation, or resolution of county or local government and the upgrade application or relocation must be approved by the county or local government, and approved by the landowner, before consideration by the department.

          (3) The sign owner must obtain written permission from the landowner or other person in lawful possession or control of the new proposed site to relocate a conforming permitted sign or submit proof of a permanent property right (e.g., an easement) for the sign site. The proposed relocation site must meet all zoning requirements or qualify as an unzoned commercial or industrial area.

          (4) remains the same.

          (5) Approved upgrade or relocation work must be completed within 90 days of department approval.  The sign owner must provide the department with written and photo verification of the upgrade or relocation work performed.

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, 75-15-121, MCA

 

REASON:  The proposed amendment is necessary to clarify the process for upgrade or relocation of conforming signs. The amendments will not create additional requirements, but clarify existing language to avoid confusion by permit holders.  The proposed amendment also imposes a deadline for completion of approved work. This deadline will allow the department to monitor compliance with statutes and rules on outdoor advertising.

 

18.6.262 SIGN STRUCTURES THAT ARE BLANK, ABANDONED, DILAPIDATED, DISCONTINUED, OR IN DISREPAIR (1) When the department determines a permitted sign structure has been blank, abandoned, dilapidated, discontinued, or in disrepair is an abandoned sign, the department shall notify the sign owner of the violation and require remedial action within 90 60 days. If such action is not taken, the permit will be revoked and action for the removal of the sign will be taken as provided in 75-15-131, MCA. An extension of time to accomplish the work may be granted at the sole discretion of the department upon written request from the sign owner stating the reason(s) for the request.

          (2) remains the same.

 

AUTH: 75-15-121, MCA

IMP: 75-15-111, 75-15-113, 75-15-121, 75-15-131, MCA

 

REASON: The proposed amendment is necessary to streamline the rule language on abandoned signs, for consistency with the new definition of abandoned signs in ARM 18.6.202. The term "abandoned sign" already includes all conditions listed in the existing rule language. The proposed amendment will also change the response time after notification to 60 days to be consistent with the statute.

 

18.6.264 DETERMINATION OF ILLEGAL OUTDOOR ADVERTISING--NOTICES--CORRECTIVE ACTION--ILLEGAL OUTDOOR ADVERTISING REMOVAL (1) The department may determine outdoor advertising is unlawful or illegal under 75-15-112, MCA, and also when a sign or sign structure is unsafe, insecure, or a danger to the public, or has been constructed or is being maintained in violation of the provisions of the Outdoor Advertising Act or this chapter.

(2) If the department determines a permitted or unpermitted nonpermitted sign is in violation of statute or rule, it shall give written notice to the owner or occupant of the land on which the sign is located, and to the owner of the sign, if known. If the sign owner is not known, or has failed to respond to department notices, the department may post notice of the statute or rule violation determination in a conspicuous place on the structure.

(3) through (7) remain the same.

 

AUTH: 75-15-121, MCA

IMP:  75-15-131, 75-15-132, MCA

 

REASON: The proposed amendments are necessary to make minor grammatical changes to the rule for clarity, readability, and ease of use by the public and the department.

 

5. The department proposes to repeal the following rules:

 

          18.6.244  CULTURAL SIGNS

 

AUTH:  75-15-121, MCA

IMP:  75-15-111, 75-15-113, MCA

 

REASON:  The proposed repeal is necessary to eliminate the category of cultural signs as an outdoor advertising permitted sign. Cultural signs as a separate category is duplicative of the Directional Sign category; thus both separately named categories are not necessary. The description of cultural signs has been added to ARM 18.6.243, Directional Signs, to allow this type of sign to be erected when the requirements of the rule are met.

 

18.6.245  NONCOMMERCIAL SIGNS

 

AUTH: 75-15-121, MCA

IMP:  75-15-111, 75-15-113, MCA

 

REASON: The proposed repeal is necessary to eliminate a separate rule addressing noncommerical signs, as distinguished from commercial signs. Federal and state statutes pertaining to highway beautification and outdoor advertising control do not attempt to or intend to address the content of outdoor advertising; thus it is improper to create a separate category regulating noncommercial speech on signs. All outdoor advertising structures are subject to the same federal and state statutes, regulations, and administrative rules.

 

6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Patrick J. Hurley, Department of Transportation, Outdoor Advertising Control, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6068; fax (406) 444-7254; or e-mail [email protected], and must be received no later than 5:00 p.m., April 1, 2016.

 

7. Carol Grell Morris, Department of Transportation, has been designated to preside over and conduct this hearing.

 

8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department. An Administrative Rules Notice Interested Person's List Request Form is located at the Department of Transportation's web site at the following address: http://www.mdt.mt.gov/publications/docs/forms/mdt-leg-003_interested-persons-list.pdf.

 

9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

11. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption, amendment, and repeal of the above-referenced rules will significantly and directly impact small businesses.

 

 

/s/ Carol Grell Morris                             /s/ Michael T. Tooley                  

Carol Grell Morris                                  Michael T. Tooley

Rule Reviewer                                       Director

                                                              Department of Transportation

 

 

                                                            /s/ Rick Griffith                           

                                                            Rick Griffith

                                                            Chair

                                                            Transportation Commission

         

Certified to the Secretary of State, February 22, 2016.