Old	New	Differences
1	1
2	2
3	3	Req. No. 9377 Page 1 1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27
28	28	STATE OF OKLAHOMA
29	29
30	30	2nd Session of the 58th Legislature (2022)
31	31
32	32	HOUSE BILL 3814 By: Stinson
33	33
34	34
35	35
36	36
37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to transportation; amending 69 O.S.
41	41	2021, Section 1273, which relates outdoor advertising
42	42	definitions; modifying defin ition; defining term; and
43	43	providing an effective date .
44	44
45	45
46	46
47	47
48	48	BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
49	49	SECTION 1. AMENDATORY 69 O.S. 2021, Section 1273, is
50	50	amended to read as follows:
51	51	Section 1273. As used in Section 1271 et seq. of this title:
52	52	(a) "Sign", "outdoor advertising" or "outdoor advertising
53	53	device" means any outdoor sign, display, device, notice, figure,
54	54	painting, drawing, message, placard, poster, billboard or ot her
55	55	thing which is designed, intended or used to advertise or inform,
56	56	but shall not include surface marker s showing the location or rou te
57	57	of underground utility facilities or pipelines or public telephone
58	58	coin stations installed for emergency use.
59	59	(b) "Main traveled way" means the traveled way o f a highway on
60	60	which through traffic is carried. In the case of a divided highway,
61	61	the traveled way of each of the separated roadways for traffic in
62	62
63	63	Req. No. 9377 Page 2 1
64	64	2
65	65	3
66	66	4
67	67	5
68	68	6
69	69	7
70	70	8
71	71	9
72	72	10
73	73	11
74	74	12
75	75	13
76	76	14
77	77	15
78	78	16
79	79	17
80	80	18
81	81	19
82	82	20
83	83	21
84	84	22
85	85	23
86	86	24
87	87
88	88	opposite directions is a main traveled way. It does not include
89	89	such facilities as frontage roads, turnin g roadways or parking
90	90	areas.
91	91	(c) "To erect" and its variants mea ns to construct, build,
92	92	raise, assemble, place, affix, attach, create, paint, draw or in any
93	93	other way bring into being or establish. But these shall not
94	94	include any of the foregoing activit ies when performed as incident
95	95	to the change of advertising messa ge or customary maintenance o f the
96	96	sign structure.
97	97	(d) "Unzoned commercial or industrial areas " means those areas
98	98	which are not zoned by state or loc al law, regulation or ordinance,
99	99	and on which there is located one or more permanent structures
100	100	devoted to a commercial or industrial a ctivity or on which a
101	101	commercial or industrial activity is actually conducted, whether or
102	102	not a permanent structure is lo cated thereon, and the area along the
103	103	highway extending outward six hundred (600) feet from and beyond the
104	104	edge of such activity on bot h sides of the highway. Provided
105	105	however, the unzoned area shall not include land on the opposite
106	106	side of an interstate or dual-laned limited access primary high way
107	107	from the commercial or industrial activity establishing the u nzoned
108	108	commercial or industri al area or land on the opposite side of other
109	109	federal-aid primary highways, which land is deemed scenic by an
110	110	appropriate agency of the state.
111	111
112	112	Req. No. 9377 Page 3 1
113	113	2
114	114	3
115	115	4
116	116	5
117	117	6
118	118	7
119	119	8
120	120	9
121	121	10
122	122	11
123	123	12
124	124	13
125	125	14
126	126	15
127	127	16
128	128	17
129	129	18
130	130	19
131	131	20
132	132	21
133	133	22
134	134	23
135	135	24
136	136
137	137	All measurements shall be from the outer edges of the regularly
138	138	used buildings, park ing lots, storage or processi ng areas of the
139	139	commercial or industrial activities, not from the property lines of
140	140	the activities, and shall be along or parallel to the edge of
141	141	pavement of the highway. Such an area shall not include any area
142	142	which is beyond six hundred sixty (660) feet from the nearest edge
143	143	of the right-of-way. In unzoned commercial or industrial areas
144	144	signs shall not be located:
145	145	(1) Within three hundred (300) feet of any buil ding used
146	146	primarily as a residence, unless the owner of the
147	147	building consents in writing to al low the sign to
148	148	exist; or
149	149	(2) Within five hundred (500) feet of any of the
150	150	following: playground, public park, garden, recreation
151	151	area or forest preserve, church, school and officially
152	152	designated historical battlefield. However, signs
153	153	may be placed within five hundred (500) feet of a
154	154	playground, provided, those signs are not visible from
155	155	any portion of the playground.
156	156	All spacing considerations are determined by whether or not they
157	157	exist within the adjacent or control area.
158	158	(e) "Commercial and industrial activities" means those
159	159	activities, clearly visible from the main traveled way, generally
160	160	recognized as commercial or industrial by zoning authorities in this
161	161
162	162	Req. No. 9377 Page 4 1
163	163	2
164	164	3
165	165	4
166	166	5
167	167	6
168	168	7
169	169	8
170	170	9
171	171	10
172	172	11
173	173	12
174	174	13
175	175	14
176	176	15
177	177	16
178	178	17
179	179	18
180	180	19
181	181	20
182	182	21
183	183	22
184	184	23
185	185	24
186	186
187	187	state, except that none of the following shall be considered
188	188	commercial or industrial:
189	189	(1) Agricultural, forestry, ranching, g razing, farming and
190	190	related activities, including, but not limited to,
191	191	wayside fresh produce stands;
192	192	(2) Outdoor advertising structu res;
193	193	(3) Transient or temporary activities;
194	194	(4) Activities more than six hundred sixty (660) f eet from
195	195	the nearest edge of t he right-of-way;
196	196	(5) Activities conducted in a building principally used as
197	197	a residence; and
198	198	(6) Railroad tracks and minor sidings.
199	199	(f) "Official signs" means signs and notices erected and
200	200	maintained by public officers or pub lic agencies within their
201	201	territorial jurisdiction and pursuant to and in accordance with
202	202	direction or authorization contained in federal or state law for the
203	203	purposes of carrying out an official duty or responsibility.
204	204	(g) "Informational signs" means signs containing directions or
205	205	information about public places owned or operated by federal, state
206	206	or local governments or their agencies, publicly or privately owne d
207	207	natural phenomena, historic, cultural, educational and religious
208	208	sites, and areas of natural scenic beauty or naturally su ited for
209	209	outdoor recreation, deemed to be in the interest of the traveling
210	210	public.
211	211
212	212	Req. No. 9377 Page 5 1
213	213	2
214	214	3
215	215	4
216	216	5
217	217	6
218	218	7
219	219	8
220	220	9
221	221	10
222	222	11
223	223	12
224	224	13
225	225	14
226	226	15
227	227	16
228	228	17
229	229	18
230	230	19
231	231	20
232	232	21
233	233	22
234	234	23
235	235	24
236	236
237	237	(h) "On-premise activities signs " means signs advertising
238	238	activities conducted upon the property on which the sign s are
239	239	located.
240	240	(i) "On-premise sale or lease signs " means signs advertising
241	241	the sale or lease of property on which they are located.
242	242	(j) "Interstate highway" means any highway at any time
243	243	officially designated a part of the National System of Interstate
244	244	and Defense Highways by the Department and approved by the
245	245	appropriate authority of the federal government.
246	246	(k) "Primary highway" means the Federal-aid Primary System in
247	247	existence on June 1, 1991, and any highway which is not on that
248	248	system but is on the National Highway System.
249	249	(l) "Centerline of the highway " means a line equidistant from
250	250	the edges of the median separating the main traveled ways of a
251	251	divided highway, or the centerline of t he main traveled way of a
252	252	nondivided highway.
253	253	(m) "Adjacent area" or "control area" means the area which is
254	254	adjacent to and within six hundred sixty (660) feet of the nearest
255	255	edge of the right-of-way on any interstate or primary highway within
256	256	urban areas, which six hundred sixty -foot distance shall be measured
257	257	horizontally along a line perpendicu lar to, or ninety (90) degrees
258	258	to, the centerline of the highway. Outside of urban areas, adjacent
259	259	area or control area means the area which is visible from the main
260	260	traveled way on any interstate or primary highway.
261	261
262	262	Req. No. 9377 Page 6 1
263	263	2
264	264	3
265	265	4
266	266	5
267	267	6
268	268	7
269	269	8
270	270	9
271	271	10
272	272	11
273	273	12
274	274	13
275	275	14
276	276	15
277	277	16
278	278	17
279	279	18
280	280	19
281	281	20
282	282	21
283	283	22
284	284	23
285	285	24
286	286
287	287	(n) "Business area" means any part of a control area which is:
288	288	(1) Within six hundred sixty (660) feet of the nearest
289	289	edge of the right-of-way and zoned for business,
290	290	industrial or commercial activit ies under the
291	291	authority of any state zoning law, or city or county
292	292	zoning ordinance of this st ate; or
293	293	(2) Not so zoned, but which constitutes an unzoned
294	294	commercial or industrial area as herein defined.
295	295	(o) "Department" means the Department of Transportati on of the
296	296	State of Oklahoma.
297	297	(p) "Maintain" means to hold or keep in a state of efficiency
298	298	or validity, to support or susta in, by cleaning or repairing the
299	299	sign or changing the message on its face.
300	300	(q) "Visible" means capable of being seen without visual aid by
301	301	a person of normal visual acuity.
302	302	(r) "License" means the privilege to do business in the State
303	303	of Oklahoma having been granted by an official agency.
304	304	(s) "Permit" means the privilege to erect a sign or signs in an
305	305	individual location within the State of Oklahoma having been granted
306	306	by an official agency.
307	307	(t) "License fee" means the monetary consideration paid for th e
308	308	privilege of doing business in the State of Oklahoma.
309	309
310	310	Req. No. 9377 Page 7 1
311	311	2
312	312	3
313	313	4
314	314	5
315	315	6
316	316	7
317	317	8
318	318	9
319	319	10
320	320	11
321	321	12
322	322	13
323	323	14
324	324	15
325	325	16
326	326	17
327	327	18
328	328	19
329	329	20
330	330	21
331	331	22
332	332	23
333	333	24
334	334
335	335	(u) "Permit fee" means the monetary consideration paid for the
336	336	privilege of erecting a sign or signs in a specific location within
337	337	the State of Oklahoma.
338	338	(v) "Urban area" means an urbanized area or, in the case of an
339	339	urbanized area encompassing more than one state, that part of the
340	340	urbanized area in each such state, or an urban place as designated
341	341	by the Bureau of the Census having a populatio n of five thousand
342	342	(5,000) or more and not within any urba nized area, within boundaries
343	343	to be fixed by responsible state and local officials in cooperation
344	344	with each other, subject to approv al by the Secretary of
345	345	Transportation. Such boundaries shall, as a minimum, encompass the
346	346	entire urban place designated by the Bureau of the Census.
347	347	(w) "Relocation permit" means a permit issued pursuant to the
348	348	provisions of subparagraph (d) of paragraph (3) of Section 1275 of
349	349	this title. A relocation permit shall hav e precedence over any
350	350	municipal or county restriction that interferes with the intended
351	351	purpose of providing a method and opportunity to minimize the cost
352	352	of acquiring legally erected outdoo r advertising signs by the
353	353	Department; provided, however, for thos e municipalities with a
354	354	population in excess of five hundr ed thousand (500,000) based on the
355	355	most recent census data, neither a relocation permit nor any outdoor
356	356	advertising sign permit shal l be issued in those areas in which a
357	357	municipality or county has l awfully enacted a prohibitio n on the
358	358	erection of an outdoo r advertising sign. This section shall not
359	359
360	360	Req. No. 9377 Page 8 1
361	361	2
362	362	3
363	363	4
364	364	5
365	365	6
366	366	7
367	367	8
368	368	9
369	369	10
370	370	11
371	371	12
372	372	13
373	373	14
374	374	15
375	375	16
376	376	17
377	377	18
378	378	19
379	379	20
380	380	21
381	381	22
382	382	23
383	383	24
384	384
385	385	prohibit a registered sign owner from seeking just compensation
386	386	through a legal proceedi ng.
387	387	(x) "Playground" means a public space, owned or controlled by a
388	388	subdivision of government , with permanently affixed equipment
389	389	intended to be used for play by children.
390	390	SECTION 2. This act shall become effective November 1, 2022.
391	391
392	392	58-2-9377 JBH 12/29/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3814 Compare Versions