Oklahoma 2025 2025 Regular Session

Oklahoma Senate Bill SB984 Amended / Bill

Filed 02/25/2025

                     
 
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SENATE FLOOR VERSION 
February 24, 2025 
 
 
SENATE BILL NO. 984 	By: Frix and Murdock 
 
 
 
An Act relating to the Highway Advertising Control 
Act of 1972; amending 69 O.S. 2021, Section 1273, 
which relates to definitions; defining term; updating 
statutory language; and providing an effective date . 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     69 O.S. 2021, Section 1273, is 
amended to read as follows: 
Section 1273.  As used in Section 1271 et seq. of this title: 
(a) 1. “Sign”, “outdoor advertising”, or “outdoor advertising 
device” means any outdoor sign, display, device, notice, figure, 
painting, drawing, message, placard, poster, billboard , or other 
thing which is designed, intended , or used to advertise or inform, 
but shall not include su rface markers showing the location or route 
of underground utility facilities or pipelines or public telephone 
coin stations installed for emergency use .; 
(b) 2. “Main traveled way” means the traveled way of a highway 
on which through traffic is carried.  In the case of a divided 
highway, the traveled way of each of the separated roadways for 
traffic in opposite directions is a main traveled way.  It does not   
 
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include such facilities as frontage roads, turning roadways , or 
parking areas.; 
(c) 3. “To erect” and its variants means to construct, build, 
raise, assemble, place, affix, attach, create, paint, draw , or in 
any other way bring into being or establish.  But these shall not 
include any of the foregoing activities whe n performed as incident 
to the change of advertising message or customary maintenance of the 
sign structure.; 
(d) 4. “Unzoned commercial or industrial areas ” means those 
areas which are not zoned by state or local law, regulation , or 
ordinance, and on whi ch there is located one or more perm anent 
structures devoted to a commercial or industrial activity or on 
which a commercial or industrial activity is actually conducted, 
whether or not a permanent structure is located thereon, and the 
area along the highw ay extending outward six hundred (600) feet from 
and beyond the edge of such activity on both sides of the highway.  
Provided, however, the unzoned area shall not include land on the 
opposite side of an interstate or dual -laned limited access primary 
highway from the commercial or industrial activity establishing the 
unzoned commercial or industrial area or land on the opposite side 
of other federal-aid primary highways, which land is deemed scenic 
by an appropriate agency of the state. 
All measurements sha ll be from the outer edges of the regularly 
used buildings, parking lots, storage , or processing areas of the   
 
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commercial or industrial activities, not from the property lines of 
the activities, and shall be along or parallel to the edge of 
pavement of the highway.  Such an area shall not inc lude any area 
which is beyond six hundred sixty (660) feet from the nearest edge 
of the right-of-way.  In unzoned commercial or industrial areas 
signs shall not be located: 
(1)  
a. Within within three hundred (300) feet of any building 
used primarily as a residence, unless the owner of the 
building consents in writing to allow the sign to 
exist;, or 
(2)  
b. Within within five hundred (500) feet of any of the 
following:  public park, garden, recreation area or 
forest preserve, church, school, and officially 
designated historical battlefield. 
All spacing considerations are determined by whether or not they 
exist within the adjacent or control area .; 
(e) 5. “Commercial and industrial activities ” means those 
activities, clearly visible from the main traveled way, generally 
recognized as commercial or industrial by zoning authorities in this 
state, except that none of the following shall be considered 
commercial or industrial: 
(1)    
 
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a. Agricultural agricultural, forestry, ranching, 
grazing, farming, and related activities, including, 
but not limited to, wayside fresh produce stands ;, 
(2)  
b. Outdoor outdoor advertising structures ;, 
(3)  
c. Transient transient or temporary activities ;, 
(4)  
d. Activities activities more than six hundred sixty 
(660) feet from the nearest edge of the right -of-way;, 
(5)  
e. Activities activities conducted in a building 
principally used as a residence ;, and 
(6)  
f. Railroad railroad tracks and minor sidings .; 
(f) 6. “Official signs” means signs and notices erected and 
maintained by public officers or public agencies within their 
territorial jurisdiction and pursuant to and in accordance with 
direction or authorization contained in federal or state law for the 
purposes of carrying out an official duty o r responsibility.; 
(g) 7. “Informational signs” means signs containing directions 
or information about public places owned or operated by federal, 
state, or local governments or their agencies, publicly or privately 
owned natural phenomena, historic, cult ural, educational, and   
 
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religious sites, and areas of natural scenic beauty or naturally 
suited for outdoor recreation, deemed to be in the interest of the 
traveling public.; 
(h) 8. “On-premise activities signs ” means signs advertising 
activities conducted upon the property on which the signs are 
located.; 
(i) 9. “On-premise sale or lease signs ” means signs advertising 
the sale or lease of property on which they are located .; 
(j) 10. “Interstate highway” means any highway at any time 
officially designated a part of the National System of In terstate 
and Defense Highways by the Department and approved by the 
appropriate authority of the federal government .; 
(k) 11. “Primary highway” means the Federal-aid Primary System 
in existence on June 1, 1991, and any highway which is not on that 
system but is on the National Highway System .; 
(l) 12. “Centerline of the highway ” means a line equidistant 
from the edges of the median separating the main traveled ways of a 
divided highway, or the centerline of the main tra veled way of a 
nondivided highway.; 
(m) 13. “Adjacent area” or “control area” means the area which 
is adjacent to and within six hundred sixty (660) feet of the 
nearest edge of the right -of-way on any interstate or primary 
highway within urban areas, whic h six hundred sixty-foot six-
hundred-sixty-foot distance shall be measured horizontally along a   
 
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line perpendicular to, or ninety (90) degrees to, the centerline of 
the highway.  Outside of urban areas, adjacent area or control area 
means the area which is visible from the main traveled way o n any 
interstate or primary highway .; 
(n) 14. “Business area” means any part of a control area which 
is: 
(1)  
a. Within within six hundred sixty (660) feet of the 
nearest edge of the right -of-way and zoned for 
business, industrial, or commercial activities under 
the authority of any state zoning law, or city or 
county zoning ordinance of this state ;, or 
(2)  
b. Not not so zoned, but which constitutes an unzoned 
commercial or industrial area as herein defined .; 
(o) 15. “Department” means the Department of Transportation of 
the State of Oklahoma . this state; 
(p) 16. “Maintain” means to hold or keep in a state of 
efficiency or validity, to support or sustain, by cleaning or 
repairing the sign or changing the message on its face.; 
(q) 17. “Visible” means capable of being seen without visual 
aid by a person of normal visual acuity .;   
 
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(r) 18. “License” means the privilege to do business in the 
State of Oklahoma this state having been granted by an official 
agency.; 
(s) 19. “Permit” means the privilege to erect a sign or signs 
in an individual location within the State of Oklahoma this state 
having been granted by an official agency .; 
(t) 20. “License fee” means the monetary consideration paid for 
the privilege of doing busin ess in the State of Oklahoma . this 
state; 
(u) 21. “Permit fee” means the monetary consideration paid for 
the privilege of erecting a sign or signs in a specific location 
within the State of Oklahoma . this state; 
(v) 22. “Urban area” means an urbanized ar ea or, in the case of 
an urbanized area encompassing more than one state, that part of the 
urbanized area in each such state, or an urban place as designated 
by the United States Bureau of the Census having a population of 
five thousand (5,000) or more and not within any urbanized area, 
within boundaries to be fixed by responsible state and local 
officials in cooperation with each other, subject to approval by the 
Secretary of Transportation.  Such boundaries shall, as a minimum, 
encompass the entire urban place designated by the United States 
Bureau of the Census .; 
(w) 23. “Relocation permit” means a permit issued pursuant to 
the provisions of subparagraph (d) d of paragraph (3) 3 of Section   
 
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1275 of this title.  A relocation permit shall have precedence ov er 
any municipal or county restriction that interferes with the 
intended purpose of providing a method and opportunity to minimize 
the cost of acquiring legally erected outdoor advertising signs by 
the Department; provided, however, for those municipalitie s with a 
population in excess of fiv e hundred thousand (500,000) based on the 
most recent census data, neither a relocation permit nor any outdoor 
advertising sign permit shall be issued in those areas in which a 
municipality or county has lawfully enacted a prohibition on the 
erection of an outdoor advertising sign.  This section shall not 
prohibit a registered sign owner from seeking just compensation 
through a legal proceeding .; and 
24.  “Playground” means an outdoor space that contains 
permanently affixed playground equipment where the pr imary use is 
for children to play, excluding those spaces where playground 
equipment is an accessory use to a commercial enterprise or is 
located on a privately owned residential property for use by the 
resident. 
SECTION 2.  This act shall become effective November 1, 2025. 
COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION 
February 24, 2025 - DO PASS