ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 616
Regular Session, 2010
HOUSE BILL NO. 1023
BY REPRESENTATIVE FOIL
AN ACT1
To enact R.S. 48:461.1(10), (11), and (12), and 461.6(C), relative to outdoor advertising; to2
provide for definitions; to provide relative to reset of conforming out-of-standard3
signs subject to expropriation by the department; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 48:461.1(10), (11) and (12), and 461.6(C) are hereby enacted to read6
as follows:7
§461.1. Terms defined8
* * *9
(10) "Conforming out-of-standard signs" means existing signs that fail to10
meet the current statutory and administrative rule requirements for outdoor11
advertising relative to spacing but comply with all of the terms of the Federal-State12
Agreement and meet all other statutory and administrative rule requirements that13
govern outdoor advertising under provisions of state law.14
(11) "Federal-State Agreement" means the agreement entered into on15
January 31, 1972, by and between the United States of America represented by the16
Secretary of Transportation acting by and through the Federal Highway17
Administrator and the Louisiana Department of Transportation and Development18
entitled, "Carrying Out National Policy Relative to Control of Outdoor Advertising19
In Areas Adjacent to the National System of Interstate and Defense Highways and20
the Federal-Aid Primary System".21
(12) "Reset" means the movement of a sign structure from one location to22
another location maintaining the same log mile or mile post location, as authorized23
by a sign permit amendment and the terms of an executed written partial waiver and24
reset agreement between the permit owner and the Louisiana Department of25
Transportation and Development.26 ENROLLEDHB NO. 1023
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§461.6. Compensation for removal of advertising and priorities for removal of1
advertising2
* * *3
C. Notwithstanding any other provision of law to the contrary, in accordance4
with state law and department regulations on outdoor advertising, the following5
procedures shall apply to conforming out-of-standard signs, subject to expropriation6
by the department as follows:7
(1) Owners of conforming out-of-standard signs who voluntarily execute a8
partial waiver and reset agreement with the department may reset and illuminate a9
conforming out-of-standard sign. Such reset agreement shall be contingent upon10
obtaining any required local approval to reset such conforming out-of-standard sign,11
as well as the approval of the landowner of the same or adjoining property.12
(2) The partial waiver and the reset agreement shall specify the width and13
height of the sign face, the overall height of the sign, the sign type, the type of14
illumination, the type of construction, the distance to the nearest sign, and the15
location of the rebuilt sign. In the event the owner of the conforming out-of-standard16
sign fails to execute a reset agreement within one hundred twenty days of receiving17
written notice from the department that the conforming out-of-standard sign will be18
displaced by construction, the department shall initiate normal expropriation19
procedures, and the owner of the conforming out-of-standard sign shall receive20
compensation for removal of the conforming out-of-standard sign.21
(3) All conforming out-of-standard signs shall be subject to annual permit22
fees provided in department regulations on outdoor advertising.23
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: