HLS 10RS-1585 ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 1023
BY REPRESENTATIVE FOIL
ADVERTISING: Provides relative to outdoor advertising
AN ACT1
To enact R.S. 48:461.1(10), (11), and (12), 461.2(C), and 461.6(C), relative to outdoor2
advertising; to provide for definitions; to allow certain outdoor advertising to be3
considered legal and conforming; to permit new display sign technologies under4
certain circumstances; to provide for certain procedures relative to outdoor5
advertising subject to expropriation by the state; to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 48:461.1(10), (11) and (12), 461.2(C), and 461.6(C) are hereby8
enacted to read as follows:9
§461.1. Terms defined10
* * *11
(10) "Conforming out-of-standard signs" means existing signs that fail to12
meet the current statutory and administrative rule requirements for outdoor13
advertising relative to spacing but comply with all of the terms of the Federal-State14
Agreement and meet all other statutory and administrative rule requirements that15
govern outdoor advertising under provisions of state law.16
(11) "Federal-State Agreement" means the agreement entered into on17
January 31, 1972, by and between the United States of America represented by the18
Secretary of Transportation acting by and through the Federal Highway19
Administrator and the Louisiana Department of Transportation and Development20 HLS 10RS-1585 ENGROSSED
HB NO. 1023
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entitled, "Carrying Out National Policy Relative to Control of Outdoor Advertising1
In Areas Adjacent to the National System of Interstate and Defense Highways and2
the Federal-Aid Primary System".3
(12) "Reset" means the movement of a sign structure from one location to4
another location maintaining the same log mile/mile post location, as authorized by5
a sign permit amendment and the terms of an executed written partial waiver and6
reset agreement between the permit owner and the Louisiana Department of7
Transportation and Development.8
§461.2. Limitations of outdoor advertising devices9
* * *10
C.(1) Notwithstanding any other provision of law to the contrary, in11
accordance with state law and Louisiana Department of Transportation and12
Development regulations on outdoor advertising, a conforming out-of-standard sign13
shall be treated as a conforming sign for the purpose of including new display14
technologies and lighting, providing the sign has lighting under the existing permit,15
and the addition of new display technologies and lighting to a conforming out-of-16
standard sign is permitted. The addition shall not be considered to be a substantial17
change to the sign.18
(2) The addition of new display technologies and lighting shall be considered19
as a change in advertising message.20
(3) The original material of the poles of the sign shall not be changed if new21
display technologies and lighting are added to a conforming out-of-standard sign.22
(4) A conforming out-of-standard sign shall be maintained in compliance23
with all laws and regulations governing nonconforming signs.24
§461.6. Compensation for removal of advertising and priorities for removal of25
advertising26
* * *27
C. Notwithstanding any other provisions of law to the contrary, in accordance28
with state law and Louisiana Department of Transportation and Development29 HLS 10RS-1585 ENGROSSED
HB NO. 1023
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regulations on outdoor advertising, the following procedures shall apply to outdoor1
advertising, subject to expropriation by the state as follows:2
(1) Owners of conforming out-of-standard signs who voluntarily execute a3
partial waiver and reset agreement with Louisiana Department of Transportation and4
Development may reset the outdoor advertising. These reset agreements shall be5
contingent upon obtaining any required local approval to reset the outdoor6
advertising, as well as the approval of the landowner of the same or adjoining7
property.8
(2) The partial waiver and the reset agreement shall specify the width and9
height of the sign face, the overall height of the sign, the sign type, the type of10
construction, the distance to the nearest sign, and the location of the rebuilt sign. In11
the event the owner of the outdoor advertising fails to execute the agreement within12
one hundred twenty days of receiving written notice from the Louisiana Department13
of Transportation and Development that the outdoor advertising will be displaced by14
construction, the Louisiana Department of Transportation and Development shall15
initiate normal expropriation procedures, and the owner of the outdoor advertising16
shall receive compensation for removal of the outdoor advertising.17
(3) All outdoor advertising shall be subject to the annual permit fees provided18
for in Louisiana Department of Transportation and Development regulations on19
outdoor advertising.20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HB No. 1023
Abstract: Allows certain outdoor advertising to be considered legal and conforming. Permits
new display sign technologies and provides for certain procedures relative to outdoor
advertising subject to expropriation by the state.
Present law provides that off-premise advertising shall comply with the federal-state
agreement and the state provisions of law and regulations that were in effect at the time the
state permit was granted, and with all state provisions of law and regulations that have been
enacted subsequent to the erection of the off-premise advertising, which are more stringent
than the federal-state agreement. HLS 10RS-1585 ENGROSSED
HB NO. 1023
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are additions.
Proposed law defines "conforming out-of-standard signs", "Federal-State Agreement", and
"reset". Clarifies that "conforming out-of-standard signs" means existing signs that fail to
meet certain requirements.
Proposed law requires that DOTD regulations and other provisions of law on outdoor
advertising, treat a conforming out-of-standard sign as a conforming sign including new
display technologies and lightning, providing the sign has lighting under the existing permit,
and the addition of new display technologies and lighting to a conforming out-of-standard
sign is permitted and the addition shall not be considered to be a substantial change to the
sign.
Proposed law provides that the addition of new display technologies, and lighting will be
considered a change in advertising message.
Proposed law provides that the original material of the poles of the sign may not be changed
if new display technologies and lighting is added to a conforming out-of-standard sign.
Proposed law requires that conforming out-of-standard signs be maintained in compliance
with all laws and regulations governing nonconforming signs.
Proposed law requires the following procedures to apply to outdoor advertising, subject to
expropriation by the state as follows:
(1)Owners of conforming out-of-standard signs who voluntarily execute a partial waiver
and reset agreement with DOTD may reset the outdoor advertising. Provides that
reset agreements shall be contingent upon obtaining any required local approval to
reset the outdoor advertising, as well as the approval of the landowner of the same or
adjoining property.
(2)The partial waiver and the reset agreement shall specify the width and height of the
sign face, the overall height of the sign, the sign type, the type of construction, the
distance to the nearest sign, and the location of the rebuilt sign. Provides that in event
the owner of the outdoor advertising fails to execute the agreement within 120 days
of receiving written notice from DOTD that the outdoor advertising will be displaced
by construction, DOTD shall initiate normal expropriation procedures, and the owner
of the outdoor advertising shall receive compensation for removal of the outdoor
advertising.
(3)All outdoor advertising shall be subject to the annual permit fees provided for in
DOTD regulations on outdoor advertising.
(Adds R.S.48:461.1(10), (11) and (12), 461.2(C), and 461.6(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Clarified the definition of "conforming out-of-standard signs".
2. Required that conforming out-of-standard signs be maintained in compliance with
all laws and regulations governing nonconforming signs.
3. Provided that the owner of the outdoor advertising shall receive compensation for
removal of the outdoor advertising rather than DOTD.