HLS 19RS-654 ORIGINAL
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 4
BY REPRESENTATIVE MCFARLAND
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION DEPT: Amends the Department of Transportation and Development
administrative rules relative to outdoor advertising
1 A CONCURRENT RESOL UTION
2To amend the Department of Transportation and Development rules LAC 70:III.127,
3 132(C), 134, and 149 and to enact LAC 70:III.126, 132(D), and 137(A)(9), which
4 provides for requirements for control of outdoor advertising; to modify the
5 requirements of off-premise changeable message signs; to change the spacing
6 requirement of outdoor advertising signs; to provide for a moratorium on the
7 issuance of permits for off-premise advertising billboards; to modify the
8 requirements of nonconforming signs; to provide for permit fees for outdoor
9 advertising; to direct the office of the state register to print the amendments in the
10 Louisiana Administrative Code; and to provide for related matters; and.
11 WHEREAS, in 1965, the Federal Highway Beautification Act was enacted to
12empower states to regulate billboards for the purpose of promoting public safety and
13preserving the natural and scenic beauty of the nation's system of highways; and
14 WHEREAS, in 1966, Constitutional Ancillary Article VI, Section 19.3 was adopted
15for the purpose of empowering the Department of Highways to promote the safety and
16recreational value of public travel and restore, preserve, and enhance the scenic beauty and
17points of interest in areas traversed by state highways, granting the Department of Highways
18the authority to control the erection and maintenance of outdoor advertising signs along state
19highways; and
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HCR NO. 4
1 WHEREAS, in 1966, the Louisiana Legislature, in response to the Highway
2Beautification Act of 1965, P.L. 89-285, enacted provisions for control of outdoor
3advertising within 660 feet of the right-of-way to ensure the state would not lose ten percent
4of federal-aid highway funding; and
5 WHEREAS, by enactment of R.S. 48:461 et seq., the Louisiana Legislature
6authorized the Department of Transportation and Development to promulgate rules and
7regulations governing the issuance of permits for outdoor advertising consistent with the
8Highway Beautification Act and consistent with protection of the safety and welfare of the
9traveling public; and
10 WHEREAS, distracted driving is defined as any activity that could divert a person's
11attention away from the primary task of driving, specifying that the three types of
12distractions are visual, manual, and cognitive; and
13 WHEREAS, the Louisiana Highway Safety Commission data for 2018 demonstrates
14that most wrecks caused by distracted driving are because of "distractions outside of the
15vehicle" equating to 7,000 wrecks in 2018; and
16 WHEREAS, data from the Louisiana Highway Safety Commission and the
17Department of Transportation and Development show a strong, positive correlation between
18the volume of "wrecks caused by distractions outside the vehicle" and parishes with high
19volume of permitted off-premise outdoor advertising signs; and
20 WHEREAS, the Louisiana State Police, Louisiana Highway Safety Commission, and
21Louisiana Department of Transportation and Development are partners in a statewide
22campaign entitled "Destination Zero Deaths" to pursue policies that "eliminate traffic related
23deaths and serious injuries" on state highways.
24 WHEREAS, existing Department of Transportation and Development regulations
25restricting outdoor advertising should be modified to better promote safety and preserve the
26natural beauty of Louisiana; and
27 WHEREAS, R.S. 49:969 provides that "the legislature, by Concurrent Resolution,
28may suspend, amend, or repeal any rule or regulation or body of rules or regulations adopted
29by a state department, agency, board, or commission".
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HCR NO. 4
1 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
270:III.127, 132(C), 134, and 149 are hereby amended and LAC 70:III.126, 132(D), and
3137(A)(9) are hereby enacted to read as follows:
4 §126. Suspension of permits
5 There is hereby placed a moratorium on the issuance of all new permits for
6 off-premise controlled outdoor advertising. A permit shall not be renewed if it
7 expires or if the annual renewal fee is not received by the department by July 1st.
8 Except for the movement of a sign to comply with Section 134.C.1, no request or
9 petition for a reset shall be granted by the department.
10 §127. Definitions
11 * * *
12 Commercial Advertising Sign—any off-premise display advertising a
13 business that owns or operates a facility within a three-mile radius of the display and
14 meets the structures and grounds criteria provided in Section 136.B.3.
15 * * *
16 §132.Off-Premise Changeable Message Signs
17 * * *
18 C. No existing off-premise outdoor advertising structure shall be retrofitted
19 or converted to an off-premise changeable message sign.
20 CD. This rule is not applicable to on-premise outdoor advertising signs.
21 * * *
22 §134. Spacing of Signs
23 A. Interstate, Federal-Aid Primary Highways, and National Highway System
24 signs shall be located in such a way as to meet the requirements of commercial
25 advertising signs.
26 AB. Interstate, Federal-Aid Primary Highways and National Highway
27 System signs may not be located in such a manner as to obscure or otherwise
28 physically interfere with the effectiveness of an official traffic sign, signal or device,
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1 or obstruct or physically interfere with the driver's view of approaching, merging or
2 intersecting traffic.
3 BC. Interstate Highways and Freeways on the Federal-Aid Primary System
4 and National Highway System (Control of Access Routes)
5 1. No two structures shall be spaced less than 1000 2000 feet apart.
6 2. Outside of incorporated villages, towns and cities, no structure may be
7 located adjacent to or within 500 feet of an interchange, intersection at grade, or
8 safety rest area.
9 CD. Freeways on the Federal-Aid Primary System or National Highway
10 System (Control of Access Routes)
11 1. Outside of incorporated villages, towns and cities, no two structures shall
12 be spaced less than 500 feet apart.
13 2. Outside of incorporated villages, towns and cities, no structure may be
14 located adjacent to or within 500 feet of an interchange, intersection, intersection at
15 grade or safety rest area.
16 DE. Non-Freeway Federal-Aid Primary highways or National Highway
17 System
18 1. Outside of incorporated villages, towns and cities, no two structures shall
19 be spaced less than 300 feet apart.
20 2. Within incorporated villages, towns and cities, no two structures shall be
21 less than 100 feet apart.
22 EF. The above provisions applying to the spacing between structures do not
23 apply to structures separated by buildings or other obstructions in such a manner that
24 only one sign facing located within the above spacing distance is visible from the
25 highway at any one time. This exception does not apply to vegetation nor does it
26 apply to Subsection A of this Section.
27 FG. Official and "on-premise" signs, as defined in §139, and structures that
28 are not lawfully maintained shall not be counted nor shall measurements be made
29 from them for purposes of determining compliance with spacing requirements.
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HCR NO. 4
1 * * *
2 §137.Nonconforming Signs
3 A.
4 * * *
5 9. Beginning July 1, 2020, an off-premise outdoor advertising display shall
6 be considered nonconforming if advertisements appear on more than one single side
7 of the structure and the single side of the structure containing the advertisement is
8 not facing the main-traveled way.
9 * * *
10 §149.Permit Fee
11 A. The following permit fee schedule is applicable to new and replacement
12 outdoor advertising signs beginning on the effective date of this rule change:
13 a. one to 100 square feet—$75150 annual permit fee (per sign face) for a 12
14 month period until installation. Annual renewal fee after erection is $7.50 (per sign
15 face);.
16 b. 101 to 300 square feet—$125250 annual permit fee (per sign face) for a
17 12 month period until installation. Annual renewal fee after erection is 12.50 (per
18 sign face);.
19 c. 301 square feet and up—$250500 annual permit fee (per sign face) for a
20 12 month period until installation. Annual renewal fee after erection is $25 (per sign
21 face).
22 B. Annual Renewal Permit Fees Due Dates and Extensions
23 1. Annual renewal permit fees are due by July 1 of each year. The
24 department shall provide notice of the amount due for each permit no later than April
25 30 of each year.
26 2. A permit shall expire and the sign structure will become illegal if the
27 annual renewal permit fees are not paid by July 311 of each year. This applies to all
28 permits, including but not limited to legal, nonconforming and grandfathered signs.
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HCR NO. 4
1 3. No extensions Extensions may be granted for 30 days provided that a
2 request is made prior to July 1.
3 * * *
4 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
5office of the state register.
6 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
7secretary of the Department of Transportation and Development.
8 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
9to have the amendments to LAC 70:III.127, 132(C), 134, and 149 and the enactment of LAC
1070:III.126, 132(D), and 137(A)(9) printed and incorporated into the Louisiana
11Administrative Code.
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)]
HCR 4 Original 2019 Regular Session McFarland
Proposed LAC 70:III.126 places a moratorium on the issuance of all new permits for
off-premise controlled outdoor advertising and prohibits the renewal of a permit if the permit
expires or if the annual renewal fee is not received by the department by Jul. 1
st
. Further
provides that no request or petition for reset will be granted by the department except for the
movement of a sign to comply with present LAC.
Present LAC 70:III.127 provides for definitions relative to regulations for control of outdoor
advertising.
Proposed LAC 70:III.127 adds the definition of "commercial advertising sign" and defines
it as any off-premise display advertising a business that owns or operates a facility within
a 3 mile radius of the display and meets the structures and grounds criteria provided in
present LAC.
Present LAC 70:III.132 provides for the definition of and qualifying criteria for off-premise
changeable message signs.
Proposed LAC 70:III.132 retains present LAC and specifies that no existing off-premise
outdoor advertising structure may be retrofitted or converted to an off-premise changeable
sign.
Present LAC 70:III.134 in pertinent part, specifies that no two structures can be spaced less
than 1000 feet apart on the interstate highways and freeways on the federal-aid primary
system and national highway system.
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Proposed LAC 70:III.134 increases the space permitted between two structures on the
interstate highways and freeways on the federal-aid primary system and national highway
system from 1000 feet to 2000 feet and otherwise retains present LAC.
Present LAC 70:III.134 specifies that the provisions applying to the spacing between
structures do not apply to structures separated by buildings or other obstructions in such a
manner that only one sign facing located within the permitted spacing distance is visible
from the highway at any one time and specifies that the exception does not apply to
vegetation.
Proposed LAC 70:III.134 retains present LAC and adds that the exception does not apply
to proposed LAC, which requires interstate, federal-aid primary highways, and national
highway system signs be located to meet the requirements of commercial advertising.
Present LAC 70:III.137 provides the conditions and requirements that apply to continue and
maintain a nonconforming sign.
Proposed LAC 70:III.137 retains present LAC and adds that an off-premise outdoor
advertising display will be considered nonconforming if advertisements appear on more than
one single side of the structure and the single side of the structure with the advertisement is
not facing the main-traveled way.
Present LAC 70:III.149 provides that the following fee schedule is applicable to outdoor
advertising signs, beginning on the effective date of the rule change:
(1)1 to 100 square feet - $75 per sign face for a 12 month period until installation.
Annual renewal fee after erection is $7.50 per sign face.
(2)101-300 square feet - $125 per sign face for a 12 month period until installation.
Annual renewal fee after erection is $12.50 per sign face.
(3)301 square feet and up - $250 per sign face for a 12 month period until installation.
Annual renewal fee after erection is $25 per sign face.
Proposed LAC 70:III.149 removes the 12 month period prior to installation and the annual
renewal fee after erection and provides for an annual permit fee applicable to outdoor
advertising signs, beginning on the effective date of the rule change, as follows:
(1)1 to 100 square feet - from $75 to $150.
(2)101-300 square feet - from $125 to $250.
(3)301 square feet and up - from $250 to $500.
Present LAC 70:III.149 provides for annual renewal due dates and extensions and requires
that the department provide notice of the amount due for each permit no later than Apr. 30th
of each year.
Proposed LAC 70:III.149 changes annual renewal due dates and extensions to annual permit
fees due dates and extensions and deletes the provision requiring the department to provide
notice of the amount due for each permit no later than Apr. 30th of each year.
Present LAC 70:III.149 specifies that a permit will expire and the sign structure will become
illegal if the annual renewal fees are not paid by Jul. 31st of each year. Provides that
extensions may be granted for 30 days provided that a request is made prior to Jul. 1st.
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Proposed LAC 70:III.149 provides that a permit will expire and the sign structure will
become illegal if the annual permit fees are not paid by Jul. 1st of each year. Specifies that
no extensions will be granted.
Requires that a copy of this Resolution be transmitted to the office of the state register and
the secretary of the Dept. of Transportation and Development.
Directs the office of the state register to print and incorporate the amendments to LAC
70:III.127, 132(C), 134, and 149 and the enactment of LAC 70:III.126, 132(D), and
137(A)(9) into the La. Administrative Code.
(Amends LAC 70:III.127, 132(C), 134, and 149; Adds LAC 70:III.126, 132(D), and
137(A)(9))
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