Permits shall be administered in accord with the
1. Each person or
company desiring to erect outdoor advertising subject to these regulations
shall make application on Form MND-800, Application for Permit to Erect Outdoor
Advertising Sign. Prior to submitting the completed form, the applicant shall
place a marker on the site of the proposed billboard indicating the exact
location of said billboard. Failure to place the marker on the site will result
in rejection of the permit. The applicant shall attach to the completed form a
certified copy of any permits required by the county and/or municipality in
which the proposed sign will be located. If the county and/or municipality does
not require a permit, the applicant shall furnish MDOT a certified signed copy
of a statement by the responsible official of that jurisdiction that a permit
is not required. The applicant shall also attach a copy of the deed for the
parcel on which the proposed sign is to be located as well as acknowledgement
in the permit application that no restrictions of outdoor advertising
structures exist in said document. The completed form and the permit fee of
eighty five dollars ($85.00) will be submitted to the State Maintenance
Engineer, in Jackson, Mississippi.
2. Upon receipt of an application in proper
form and the permit application fee, the State Maintenance Engineer or his/her
designated agent will inspect the proposed site location, authorized by the
signed landowner permission contained in the permit application, to insure the
site and view conforms to the requirements in this Rule, check all additional
information required, and photograph said sign location.
3. Following the inspection the State
Maintenance Engineer or his/her designated agent shall within ten (10) days,
grant or deny the application unless good cause exists for extending said
deadline for an additional ten (10) days and the applicant is notified prior to
the extension. If the sign is located within a municipality or county that
requires permitting of outdoor advertising in its jurisdiction, a certified
copy of the permit from said municipality or county must be attached to the
permit application. If the permit application lacks any of the information
required by Federal Law, Mississippi Law, or the provisions of this Rule, the
applicant will be allowed thirty (30) days from the date of notification to
correct deficiencies, after which the application will be void.
4. If the application is in order and
complies with the applicable Law as set out herein, the State Maintenance
Engineer or his appointed representative will approve the permit and enter the
permit number on the form.
Copies of the approved permit will be distributed to the applicant and other
6. Upon receipt,
the permit fee will be forwarded to the Financial Management Division for
deposit with the State Treasurer.
7. After erection of the sign in conformance
with the permit, the applicant shall be required to place the Company Logo on
the sign structure in full view from the highway.
8. The applicant shall advise the State
Maintenance Engineer or designated agent in writing, as soon as the sign is
erected in order that a final inspection can be made and a sign marker, showing
the permit number, affixed to the sign.
9. After the sign is erected by permit the
designated agent will affix a sign marker to the sign structure in a prominent
Each permit issued
shall have an initial term of twelve (12) months from the date of issuance. If
the sign structure has not been entirely erected (as specified by the permit)
during this term, the permit shall expire. No extensions of this initial term
will be granted. If the sign structure has not been erected during the 12 month
term and if the permittee still desires to erect an Outdoor Advertising
structure at the site, a new application and another eighty five dollar
($85.00) fee must be submitted. Following the expiration of the initial term,
permittees of Outdoor Advertising structures erected within the allowed 12
month period will be required to pay an annual renewal fee of twenty ($20.00)
beginning the following July 1st
, which shall begin
the secondary term of the permit.
secondary term of the permit shall end on the next following July
1st after payment of the renewal fee. The renewal
fee will be billed to the permit holder on July 1 of each year thereafter.
Failure to pay the renewal fee before September 1 of that same year will result
in revocation of the permit and the billboard will be declared an illegal sign
subject to immediate removal.
11. Form MND-800, Application for Permit to
Erect Outdoor Advertising Sign, is required for each proposed sign
installation. A double face or "V" type structure shall only require one (1)
application as provided in Section 900.
12. Nothing contained in this Rule shall be
construed to limit in any way the authority of any municipality or county in
which the sign is to be erected to grant or deny a permit for the erection of
said sign or to waive any requirement of any municipality or county for a
permit for the erection of said sign. If a municipality or county refuses to
grant a permit for a sign within their jurisdiction, the Department will not
grant a permit for said sign.
If the application is denied, the Applicant shall have the right to request an
Administrative Review as set out under Section 1800 - Administrative
Where Site is Zoned Commercial or Industrial
a. If the site has been zoned Commercial or
Industrial as a part of the original zoning ordinance of the Municipality or
County, the applicant must attach an affidavit of the clerk of said
Municipality or County that attests to the zoning classification of said
b. If the application is
being made for a sign which is contained within an area that has been rezoned
from a classification that would not allow commercial advertising to a
commercial or industrial area, a certified copy of the rezoning ordinance or
order shall be attached to the application.
15. If the owner of a permit granted
hereunder assigns, sells or otherwise transfers said permit to another owner,
the transferring owner, jointly with the new owner, must notify the Department
by submitting Form 850, Notification of Transfer of MDOT Outdoor Advertising
Permit, to the State Maintenance Engineer within thirty (30) days of the
16. A sign that is
allowed to remain as a "grandfathered" sign and that otherwise conforms to the
requirements herein may obtain a permit. For such signs, the initial permit fee
will be the same as a permit application fee as set herein.
17. Where the property owner, outdoor
advertising firm, or any agent or predecessor in interest has received an
encroachment permit allowing them to remove vegetation from the adjacent right
of way, no outdoor advertising permit may be granted within that area for
twenty (20) years from the date of the permit. Where vegetation has been
removed from the right of way without permit, no outdoor advertising permit
will be allowed until thirty (30) years from the date that the illegal removal
was discovered by the Department. The area in either case is measured parallel
along the edge of pavement for the length of area where vegetation is removed
and additionally 500 feet in either direction along that side of the roadway.
It is the express intent herein to prohibit outdoor advertising where
vegetation has been removed from the right of way to create a visible location
for the billboard.
18. If an
environmental review under NEPA has begun for a project before the complete
permit application is received by the department, the resulting permit, if any,
may be provisionally granted. After the Right of Way plans for the project are
certified, the provisional permit may be reevaluated. If upon reevaluation, the
proposed sign location will be non-conforming at the time construction of the
project is completed, the permittee will be required to remove the sign at his
expense without compensation at a mutually agreed upon date such that the sign
does not interfere with the applicable construction project. If the final plans
for right-of-way or construction of a project have been certified before the
receipt of a completed permit application and the proposed location will be
non-conforming at the time construction is completed, the permit will be
denied. If a permit is received by the department along a route that is under
active construction, the inspection of the permit site may be suspended until
such time as construction operations present a safe opportunity to perform said
inspection with concurrence from the Project Engineer or until date of Release
of Maintenance for the project.