GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-404
The General Assembly of North Carolina enacts:
Section 1. G.S. 136-133 reads as rewritten:
"§ 136-133. Permits required.
(a) No person
shall erect or maintain any outdoor advertising within 660 feet of the nearest
edge of the right-of-way of the interstate or primary highway system, except
those allowed under G.S. 136-129, subdivisions (2) and (3) in this Article, or
beyond 660 feet of the nearest edge of the right-of-way of the interstate or
primary highway system, except those allowed under G.S. 136-129.1, subdivisions
(2) and (3), without first obtaining a permit from the Department of
Transportation or its agents pursuant to the procedures set out by rules and
regulations promulgated adopted by the Department of Transportation.
The permit shall be valid until revoked for nonconformance with this Article or
rules and regulations promulgated adopted by the Department of Transportation
thereunder. Transportation. Any person aggrieved by the
decision of the Department of Transportation or its agents in refusing to grant
or in revoking a permit may appeal the decision in accordance with the rules and
regulations enacted adopted by the Department of Transportation
pursuant to this Article to the Secretary of Transportation who shall make the
final decision on the agency appeal. The Department of Transportation shall have
the authority to charge permit fees to defray the costs of administering the
permit procedures under this Article. The fees for directional signs as set
forth in G.S. 136-129(1) and G.S. 136-129.1(1) shall not exceed a twenty
dollar ($20.00) forty dollar ($40.00) initial fee and a fifteen
dollar ($15.00) thirty dollar ($30.00) annual renewal fee. The fees
for outdoor advertising structures, as set forth in G.S. 136-129(4) and (5)
shall not exceed a sixty dollar ($60.00) one hundred twenty dollar
($120.00) initial fee and a thirty dollar ($30.00) sixty dollar
($60.00) annual renewal fee.
(b) If outdoor advertising is under construction and the Department of Transportation determines that a permit has not been issued for the outdoor advertising, the Department may require that all work on the outdoor advertising cease until the owner of the outdoor advertising shows that the outdoor advertising does not violate this section. The stopwork order shall be prominently posted on the outdoor advertising structure, and no further notice of the stopwork order is required. The failure of an owner of outdoor advertising to comply immediately with the stopwork order shall subject the outdoor advertising to removal by the Department of Transportation or its agents. Outdoor advertising is under construction when it is in any phase of construction prior to the attachment and display of the advertising message in final position for viewing by the traveling public. The cost of removing outdoor advertising by the Department of Transportation or its agents pursuant to this section shall be assessed against the owner of the unpermitted outdoor advertising by the Department of Transportation. No stopwork order may be issued when the Department of Transportation process agent has been served with a court order allowing the sign to be constructed."
Section 2. G.S. 136-134 reads as rewritten:
"§ 136-134. Illegal advertising.
Any outdoor advertising erected or maintained adjacent to
the right-of-way of the interstate or primary highway system after the
effective date of this Article as determined by G.S. 136-140, in violation of
the provisions of this Article or rules and regulations promulgated adopted
by the Department of Transportation, or any outdoor advertising maintained
without a permit regardless of the date of erection shall be illegal and shall
constitute a nuisance. The Department of Transportation or its agents
shall give 30 days' notice to the owner of the illegal outdoor advertising with
the exception of the owner of unlawful portable outdoor advertising for which
the Department of Transportation shall give five days' notice, if such owner is
known or can by reasonable diligence be ascertained, to remove the outdoor
advertising or to make it conform to the provisions of this Article or rules and
regulations promulgated adopted by the Department of Transportation
hereunder. The Department of Transportation or its agents shall have the right
to remove the illegal outdoor advertising at the expense of the said owner
if the said owner fails to act remove the outdoor advertising
or to make it conform to the provisions of this Article or rules issued by the
Department of Transportation within 30 days after receipt of such notice or
five days for owners of portable outdoor advertising. The Department of
Transportation or its agents may enter upon private property for the purpose of
removing the outdoor advertising prohibited by this Article or rules and
regulations promulgated adopted by the Department of Transportation
hereunder without civil or criminal liability. The costs of removing
the outdoor advertising, whether by the Department of Transportation or its
agents, shall be assessed against the owner of the illegal outdoor advertising
by the Department of Transportation. Any person aggrieved by the
decision declaring the outdoor advertising structure illegal shall be granted
the right to appeal the decision in accordance with the terms of the rules and
regulations enacted by the Department of Transportation pursuant to this
Article to the Secretary of Transportation who shall make the final decision on
the agency appeal."
Section 3. Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136-134.2. Notification requirements.
When the Department of Transportation notifies a permit applicant, permit holder, or the owner of an outdoor advertising structure that the application is denied, the permit revoked, or the structure is in violation of this Article or rules issued pursuant to this Article, it shall do so in writing by certified mail, return receipt requested, and shall include a copy of this Article and all rules issued pursuant to this Article.
If the Department of Transportation fails to include a copy of this Article and the rules, the time period during which the permit applicant, permit holder, or owner of the outdoor advertising structure has to request a review hearing shall be tolled until the Department of Transportation provides the required materials."
Section 4. G.S. 136-135 reads as rewritten:
"§ 136-135. Enforcement provisions.
Any person, firm, corporation or association, placing,
erecting or maintaining outdoor advertising along the interstate system or
primary system in violation of this Article or rules and regulations promulgated
adopted by the Department of Transportation shall be guilty of a
Class 1 misdemeanor. In addition thereto, the Department of
Transportation may seek injunctive relief in the Superior Court of Wake County or
of the county where the outdoor advertising is located and require the
outdoor advertising to conform to the provisions of this Article or rules and
regulations promulgated adopted pursuant hereto, or require the
removal of the said illegal outdoor advertising."
Section 5. Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136-18.7. Fees.
The fee for a selective vegetation removal permit issued pursuant to G.S. 136-18(5), (7), and (9) is two hundred dollars ($200.00)."
Section 6. G.S. 136-127 reads as rewritten:
"§ 136-127. Declaration of policy.
The General Assembly hereby finds and declares that outdoor
advertising is a legitimate commercial use of private property adjacent to
roads and highways but that the erection and maintenance of outdoor advertising
signs and devices in areas in the vicinity of the right-of-way of the
interstate and primary highways highway systems within the State
should be controlled and regulated in order to promote the safety, health,
welfare and convenience and enjoyment of travel on and protection of the public
investment in highways within the State, to prevent unreasonable distraction of
operators of motor vehicles and to prevent interference with the effectiveness
of traffic regulations and to promote safety on the highways, to attract
tourists and promote the prosperity, economic well-being and general welfare of
the State, and to preserve and enhance the natural scenic beauty of the
highways and areas in the vicinity of the State highways and to promote the
reasonable, orderly and effective display of such signs, displays and devices.
It is the intention of the General Assembly to provide and declare herein a
public policy and statutory basis for the regulation and control of outdoor
advertising."
Section 7. G.S. 136-128 reads as rewritten:
"§ 136-128. Definitions.
As used in this Article:
(1) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.
(1a) "Illegal sign" means one which was erected and/or maintained in violation of State law.
(1b) "Information center" means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the State and providing such other information as the Department of Transportation may consider desirable.
(2) "Interstate system" means that portion of the National System of Interstate and Defense Highways located within the State, as officially designated, or as may hereafter be so designated, by the Department of Transportation, or other appropriate authorities and are also so designated by interstate numbers. As to highways under construction so designated as interstate highways pursuant to the above procedures, the highway shall be a part of the interstate system for the purposes of this Article on the date the location of the highway has been approved finally by the appropriate federal authorities.
(2a) "Nonconforming sign" shall mean a sign which was lawfully erected but which does not comply with the provisions of State law or State rules and regulations passed at a later date or which later fails to comply with State law or State rules or regulations due to changed conditions. Illegally erected or maintained signs are not nonconforming signs.
(3) "Outdoor advertising" means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or any other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary system, whether the same be permanent or portable installation.
(4) "Primary
systems" means that portion of connected main highways, as now
officially designated, or as may hereafter be so designated by the Department
of Transportation as primary system, or other appropriate authorities and are
also so designated by N.C. or U.S. numbers. means the federal-aid
primary system in existence on June 1, 1991, and any highway which is not on
that system but which is on the National Highway System. As to
highways under construction so designated as primary highways pursuant to the above
procedures, the highway shall be a part of the primary system for purposes of
this Article on the date the location of the highway has been approved finally
by the appropriate federal or State authorities.
(5) "Safety rest area" means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control, for the convenience of the traveling public.
(6) "State law" means a State constitutional provision or statute, or an ordinance, rule or regulation enacted or adopted by a State agency or political subdivision of a State pursuant to a State Constitution or statute.
(7) "Unzoned area" shall mean an area where there is no zoning in effect.
(8) "Urban area" shall mean an area within the boundaries or limits of any incorporated municipality having a population of five thousand or more as determined by the latest available federal census.
(9) "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity."
Section 8. G.S. 136-129 reads as rewritten:
"§ 136-129. Limitations of outdoor advertising devices.
No outdoor advertising shall be erected or maintained within
660 feet of the nearest edge of the right-of-way of the interstate or primary highways
highway systems in this State so as to be visible from the
main-traveled way thereof after the effective date of this Article as
determined by G.S. 136-140, except the following:
(1) Directional and other official signs and notices, which signs and notices shall include those authorized and permitted by Chapter 136 of the General Statutes, which include but are not limited to official signs and notices pertaining to natural wonders, scenic and historic attractions and signs erected and maintained by a public utility, electric or telephone membership corporation, or municipality for the purpose of giving warning of or information as to the location of an underground cable, pipeline or other installation.
(2) Outdoor advertising which advertises the sale or lease of property upon which it is located.
(2a) Outdoor advertising which advertises the sale of any fruit or vegetable crop by the grower at a roadside stand or by having the purchaser pick the crop on the property on which the crop is grown provided: (i) the sign is no more than two feet long on any side; (ii) the sign is located on property owned or leased by the grower where the crop is grown; (iii) the grower is also the seller; and (iv) the sign is kept in place by the grower for no more than 30 days.
(3) Outdoor advertising which advertises activities conducted on the property upon which it is located.
(4) Outdoor advertising, in conformity with the rules and regulations promulgated by the Department of Transportation, located in areas which are zoned industrial or commercial under authority of State law.
(5) Outdoor advertising, in conformity with the rules and regulations promulgated by the Department of Transportation, located in unzoned commercial or industrial areas."
Section 9. G.S. 136-129.1 reads as rewritten:
"§ 136-129.1. Limitations of outdoor advertising devices beyond 660 feet.
No outdoor advertising shall be erected or maintained beyond 660
feet of the nearest edge of the right-of-way of the interstate or primary highways
highway systems in this State outside of the urban areas so as to be
visible and intended to be read from the main-traveled way except the
following:
(1) Directional and other official signs and notices, which signs and notices shall include those authorized and permitted by Chapter 136 of the General Statutes, which include but are not limited to official signs and notices pertaining to natural wonders, scenic and historic attractions and signs erected and maintained by a public utility, electric or telephone membership corporation, or municipality for the purpose of giving warning of or information as to the location of an underground cable, pipeline or other installation.
(2) Outdoor advertising which advertises the sale or lease of property upon which it is located.
(3) Outdoor advertising which advertises activities conducted on the property upon which it is located."
Section 10. G.S. 136-136 reads as rewritten:
"§ 136-136. Zoning changes.
All zoning authorities shall give written notice to the
Department of Transportation of the establishment or revision of any commercial
and industrial zones within 660 feet of the right-of-way of interstate or primary
highways. highway systems. Notice shall be by registered mail
sent to the offices of the Department of Transportation in Raleigh, North
Carolina, within 15 days after the effective date of the zoning change or
establishment."
Section 11. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:43 p.m. this 5th day of August, 1999