7 CSR 10-6.070 - Permits for Outdoor Advertising
(2) Outdoor Advertising Subject to Permit
Requirements.
(A) Permit. To promote highway
safety, a sign owner or the owner of the land on which the sign is located,
regardless of when the sign was erected, must obtain a permit from the
commission for the following outdoor advertising erected or maintained within
six hundred sixty feet (660') of the nearest edge of the right-of-way and
visible from the main-traveled way of any highway which is a part of the
interstate or primary system:
1. Directional
and other official signs. (see sections 226.550.1 and .2 and 226.520(1), RSMo,
and 7 CSR
10-6.020). Only one (1) permit will be issued for sign
structures with multiple displays;
2. Signs located in areas zoned commercial
and industrial except on-premises signs (see sections 226.550.1 and .2, RSMo,
and 7 CSR
10-6.040(2)(A));
3. Signs located in unzoned commercial or
industrial areas except on-premises signs (see sections
226.520(4)226.540(4)
226.550.1 and
.2, RSMo, and 7 CSR
10-6.040(2)(B)). Only one (1) permit
will be issued for multiple sign structures as back-to-back signs, double-faced
signs, and V-type signs;
4.
Conforming out of standard signs wherever located except on-premises signs (see
sections 226.541, RSMo, and 7 CSR
106.040); and
5. Nonconforming
signs wherever located except on-premises signs (see sections 226.550.1 and .2,
RSMo, and 7 CSR 106.060).
(B) Multiple Highways. A sign may be visible
or erected, or both, with the purpose of its message being read from two (2) or
more interstate or primary highways. These signs must comply with the sizing,
lighting, spacing, location, and permit requirements applicable to each
interstate or primary highway. Where there is a conflict between the sizing,
lighting, spacing, or location requirements of sections 226.500-226.600, RSMo,
the most restrictive requirements prevail.
(3) Outdoor Advertising Not Eligible for
Permits. Unlawful signs are not eligible for permits from the
commission.
(4) Permit Applications
and Fees.
(A) Filing of Permit Applications
and Permit Fees. Sign owners or owners of the land on which outdoor advertising
is located must apply for permits from the commission for outdoor advertising
specified by section 226.550, RSMo, (see
7 CSR
10-6.070(2)). Permit applications
will be-
1. Timely submitted. For new outdoor
advertising to be erected, the application for permit and the permit
application fee of two hundred dollars ($200) will be submitted before erecting
or starting construction of any sign. For all nonconforming outdoor advertising
needing a permit from the commission and for any other existing outdoor
advertising lawfully erected, but for failure to obtain a permit prior to its
erection from the commission, the application for permit must be submitted to
and received by the department's authorized representative within thirty (30)
days of receipt by the applicant of a notice to remove outdoor advertising
under section 226.580, RSMo, from the
commission specifying the failure to obtain or maintain a permit for a sign for
which a permit and biennial inspection is necessary by section
226.550, RSMo. Failure of the
applicant to timely submit an application for permit will authorize the
department's authorized representative to reject and return the application for
permit;
2. Biennial inspection
fees. Biennial inspection fees are due in accordance with section 226.550.4,
RSMo. Religious organizations, service organizations, veteran organizations,
and fraternal organizations, as defined in section
313.005, RSMo, upon submission
of a copy of their certification of Internal Revenue Service tax exempt status,
may be granted a fee exempt permit provided the display area of the sign is
less than seventy-six (76) square feet;
3. Payment Failure. Failure to submit the
correct amount of fee by check, draft, or money order payable to "Director of
Revenue-Credit State Road Fund" may cause the department's authorized
representative to reject and return the application for permit;
4. Documentation and assistance upon request.
Any applicant will give to the department's authorized representative, upon
written request, written information or documentation, as specified in the
request, sufficient for the department's authorized representative to determine
whether or not a permit should be issued under section
226.550, RSMo. Also, any
applicant may be asked to assist the department's authorized representative in
locating the sign location described in an application for permit. Refusal by
or failure of an applicant to comply with a request for information,
documentation, or assistance will be grounds for the department's authorized
representative to reject and return the application for permit;
5. Misrepresentation of fact. Any
misrepresentation of material fact by an applicant on any application for
permit will be grounds for the department's authorized representative to reject
and return the application for permit;
6. Fees. No permit will be granted to any
applicant who is delinquent in the payment of any outdoor advertising fees to
the commission, including any removal costs or biennial inspection fees
associated with any sign.
(5) Informal Hearing on Denial of Permit.
(A) Request for Informal Hearing. If denied a
permit, the applicant will have twenty (20) working days to request an informal
hearing for the purpose of appealing the denial. The applicant will submit its
request for an informal hearing to the Outdoor Advertising Manager, Missouri
Department of Transportation, PO Box 270, Jefferson City, MO 65102.
(B) Procedure. If the applicant requests an
informal hearing, the department's authorized representative will advise the
applicant of the time, date, and place. This is not a contested case under
Chapter 536, RSMo. The rules of evidence will not apply at the
hearing.
(6) Permits.
(A) Issuance of the Permit. Upon proper
application and payment of fee for any sign eligible for a permit, the
department's authorized representative will issue a permit. The permit owner
must erect the sign, if not already in existence, within two (2) years of the
date the permit was issued by the commission and the erected outdoor
advertising structure must comply with all current sections of 226.500 through
226.600, RSMo, and 7 CSR 10-6.010 through 7 CSR
106.100. This permit is for the erection of a lawful conforming outdoor
advertising structure.
(B) Transfer
of Permit. When a sign owner transfers ownership of a sign for which a permit
is required by section
226.550, RSMo, the new sign
owner will notify the commission by filing an application for transfer, along
with a ten dollar ($10) fee on a form supplied by the department's authorized
representative. Applications must be completed in full. Incomplete or
incorrectly completed application forms may be rejected or returned by the
department's authorized representative to the applicant.
(C) Voiding of Permits Without Compensation.
Permits may be voided without compensation to be paid to the permit holder
under the following conditions:
1. When there
has been any misrepresentation of a material fact by the applicant on a permit
application and the sign is removed under section
226.580, RSMo;
2. When the sign, including message, is not
in existence within two (2) years of the date the permit was issued by the
commission;
3. When the commission
determines that a change has been made to a conforming sign by the sign owner
and the sign has been removed under section
226.580, RSMo, or that a
conforming out of standard sign has been substantially rebuilt under section
226.541, RSMo; or
4. When the commission determines that a
substantial change has been made to a nonconforming sign by the sign owner such
that the sign's nonconforming status was terminated and the sign was removed
under the commission's administrative rules for maintenance of nonconforming
signs.
(D) Voiding of
Permits With Compensation. The commission is also authorized to void any permit
when the commission determines that such permit has been erroneously issued by
department staff in violation of any state law or administrative rule and the
outdoor advertising is subject to removal and compensation is subject to be
paid pursuant to section
226.570,
RSMo.
(7) Biennial
Inspection Fee. A biennial inspection fee will be collected every two (2) years
as set forth in section
226.550, RSMo and received by
the due date on the statement issued from the Missouri Department of
Transportation. The fee will be considered delinquent if not paid within sixty
(60) days after the due date on the statement. Fees received from any sign
owner that owes delinquent fees to the department will be credited to the past
due accounts before applying the remainder, if any, toward issuance of a new
permit for: outdoor advertising or transfer of ownership of an outdoor
advertising permit.
(8) Relocation.
Relocation of any sign for any reason whatsoever is a new erection as of the
date the relocation is completed and these signs must then comply with the then
effective sizing, lighting, spacing, location, and permit requirements of
sections 226.500- 226.600, RSMo. Relocation of any sign voids any permit issued
by the commission for that sign and the fee will be retained by the commission.
The department's authorized representative will issue a notice to remove
outdoor advertising under section
226.580, RSMo. A new application
for permit must be filed with the department's authorized representative, and
the sign can only be relocated in compliance with the sizing, lighting,
spacing, and location requirements of sections 226.500-226.600, RSMo.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.