02-28 15:22 4th Sub. (Green) H.B. 198
Val L. Peterson proposes the following substitute bill:
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Highway Expansion Impacts on Signage Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: John D. Johnson
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LONG TITLE
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General Description:
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This bill amends provisions related to the relocation of a billboard due to road construction
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or other highway changes.
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Highlighted Provisions:
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This bill:
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▸ amends provisions related to the relocation of a billboard if the billboard was obstructed
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or impacted by the widening, construction, reconstruction, or other improvements
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appurtenant to the relevant highway.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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72-7-510, as last amended by Laws of Utah 2008, Chapter 3
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72-7-510.5, as last amended by Laws of Utah 2009, Chapter 170
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72-7-513, as last amended by Laws of Utah 1999, Chapter 72
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 72-7-510 is amended to read:
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72-7-510 . Existing outdoor advertising not in conformity with part -- Procedure
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-- Eminent domain -- Compensation -- Relocation.
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(1) As used in this section, "nonconforming sign" means a sign that has been erected in a
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zone or area other than commercial or industrial or where outdoor advertising is not
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permitted under this part.
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(2)(a) The department may acquire by gift, purchase, agreement, exchange, or eminent
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domain, any existing outdoor advertising and all property rights pertaining to the
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outdoor advertising which were lawfully in existence on May 9, 1967, and which by
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reason of this part become nonconforming.
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(b) If the department, or any town, city, county, governmental entity, public utility, or
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any agency or the United States Department of Transportation under this part,
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prevents the maintenance as defined in Section 72-7-502, or requires that
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maintenance of an existing sign be discontinued, the sign in question shall be
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considered acquired by the entity and just compensation will become immediately
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due and payable.
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(c) Eminent domain shall be exercised in accordance with the provision of Title 78B,
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Chapter 6, Part 5, Eminent Domain.
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(3)(a) Just compensation shall be paid for outdoor advertising and all property rights
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pertaining to the same, including the right of the landowner upon whose land a sign is
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located, acquired through the processes of eminent domain.
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(b) For the purposes of this part, just compensation shall include the consideration of
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damages to remaining properties, contiguous and noncontiguous, of an outdoor
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advertising sign company's interest, which remaining properties, together with the
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properties actually condemned, constituted an economic unit.
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(c) The department is empowered to remove signs found in violation of Section 72-7-508
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without payment of any compensation.
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(4) Except as specifically provided in this section or Section 72-7-513, this part may not be
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construed to permit a person to place or maintain any outdoor advertising adjacent to
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any interstate or primary highway system which is prohibited by law or by any town,
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city, or county ordinance. Any town, city, county, governmental entity, or public utility
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which requires the removal, relocation, alteration, change, or termination of outdoor
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advertising shall pay just compensation as defined in this part and in Title 78B, Chapter
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6, Part 5, Eminent Domain.
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(5) Except as provided in Section 72-7-508, no sign shall be required to be removed by the
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department nor sign maintenance as described in this section be discontinued unless at
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the time of removal or discontinuance there are sufficient funds, from whatever source,
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appropriated and immediately available to pay the just compensation required under this
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section and unless at that time the federal funds required to be contributed under 23
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U.S.C., Sec. 131, if any, with respect to the outdoor advertising being removed, have
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been appropriated and are immediately available to this state.
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(6)(a) If any outdoor advertising use, structure, or permit may not be continued because
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of the widening, construction, or reconstruction along an interstate, federal aid
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primary highway existing as of June 1, 1991, or national highway systems highway,
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the owner shall have the option to relocate and remodel the use, structure, or permit
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to another location:
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(i) within the same municipality or unincorporated county:
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[(i)] (A) on the same property;
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[(ii)] (B) on adjacent property;
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(C) on either side of the same highway; or
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[(iii) on the same highway within 5280 feet of the previous location, which may be
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extended 5280 feet outside the areas described in Subsection 72-7-505(3)(c)(i)(A),
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on either side of the same highway; or]
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[(iv)] (D) mutually agreed upon by the owner and the county or municipality in
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which the use, structure, or permit is located[.] ; or
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(ii) within a different municipality or unincorporated county mutually agreed upon by
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the owner and the different municipality or county
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(b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned
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area or where outdoor advertising is permitted under this part.
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(c) The county or municipality in which the use or structure is located or is to be
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relocated as described in Subsection (6)(a) shall, if necessary, provide for the
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relocation and remodeling by ordinance for a special exception to its zoning
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ordinance.
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(d) The relocated and remodeled use or structure may be:
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(i) erected to a height and angle to make it clearly visible to traffic on the
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main-traveled way of the highway to which it is relocated or remodeled;
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(ii) the same size and at least the same height as the previous use or structure, but the
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relocated use or structure may not exceed the size and height permitted under this
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part;
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(iii) relocated to a comparable vehicular traffic count.
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(7)(a) The governmental entity, quasi-governmental entity, or public utility that causes
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the need for the outdoor advertising relocation or remodeling as provided in
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Subsection (6)(a) shall pay the costs related to the relocation, remodeling, or
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acquisition.
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(b) If a governmental entity prohibits the relocation and remodeling as provided in
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Subsection [(6)(a)] (6)(a)(i), it shall pay just compensation as provided in Subsection
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(3).
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Section 2. Section 72-7-510.5 is amended to read:
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72-7-510.5 . Height adjustments for outdoor advertising signs.
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(1) If the view and readability of an outdoor advertising sign, including a sign that is a
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nonconforming sign as defined in Section 72-7-510, a noncomplying structure as
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defined in Sections 10-9a-103 and 17-27a-103, or a nonconforming use as defined in
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Sections 10-9a-103 and 17-27a-103 is obstructed due to a noise abatement or safety
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measure, grade change, construction, directional sign, highway widening, or aesthetic
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improvement made by an agency of this state, along an interstate, federal aid primary
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highway existing as of June 1, 1991, national highway systems highway, or state
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highway or by an improvement created on real property subsequent to the department's
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disposal of the property under Section 72-5-111, the owner of the sign may:
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(a) adjust the height of the sign;[ or]
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(b) if the sign is located along an interstate, federal aid primary highway existing as of
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June 1, 1991, or national highway systems highway, relocate the sign to either side of
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the same highway, within the same municipality or unincorporated county, if the sign
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complies with the spacing requirements under Section 72-7-505 and is in a
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commercial or industrial zone;
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(c) if the sign is located along a state highway, relocate the sign to either side of the
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same highway, within the same municipality or unincorporated county, to a point
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within one mile of the sign's prior location, if the sign complies with the spacing
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requirements under Section 72-7-505 and is located in a commercial or industrial
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zone; or
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(d) relocate the sign to a location that is mutually agreed upon by the owner and:
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(i) the same municipality or unincorporated county in which the obstructed sign is
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located; or
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(ii) any other municipality or unincorporated county.
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[(b) relocate the sign to a point within 500 feet of its prior location, if the sign complies
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with the spacing requirements under Section 72-7-505 and is in a commercial or
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industrial zone.]
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(2) A height adjusted sign under this section does not constitute a substantial change to the
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sign.
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(3) The county or municipality in which the [outdoor advertising] obstructed sign is located
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or is to be relocated shall, if necessary, provide for the height adjustment or relocation
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by ordinance for a special exception to its zoning ordinance.
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(4)(a) The height adjusted sign:
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(i) may be erected:
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(A) to a height to make the entire advertising content of the sign clearly visible;
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and
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(B) to an angle to make the entire advertising content of the sign clearly visible;
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and
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(ii) shall be the same size as the previous sign.
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(b) The provisions of Subsection (4)(a) are an exception to the height requirements
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under Section 72-7-505.
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Section 3. Section 72-7-513 is amended to read:
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72-7-513 . Relocation on state highways.
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(1) As used in this section, "state highway" means those highways designated as state
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highways in [Title 72, Chapter 4, Designation of State Highways Act] Chapter 4,
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Designation of State Highways Act, on July 1, 1999, and any subsequently designated
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state highway.
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(2) If any outdoor advertising use or structure may not be continued because of the
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widening, construction, or reconstruction along a state highway, the owner shall have
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the option to relocate and remodel the use or structure to another location:
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(a) within the same municipality or unincorporated county:
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[(a)] (i) on the same property;
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[(b)] (ii) on adjacent property;
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[(c)] (iii) on either side of the same highway if the new location is within [2640 feet]
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one mile of the previous location[ on either side of the same highway]; or
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[(d)] (iv) another location mutually agreed upon by the owner and the county or
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municipality in which the use, structure, or permit is located[.] ; or
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(b) another location mutually agreed upon by the owner and another municipality or
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county.
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(3) The relocation under Subsection (2) shall be in a commercial or industrial zoned area or
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where outdoor advertising is permitted under this part.
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(4) The county or municipality in which the use or structure is located or is to be relocated
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under Subsection (2) shall, if necessary, provide for the relocation and remodeling by
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ordinance for a special exception to its zoning ordinance.
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(5) The relocated and remodeled use or structure may be:
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(a) erected to a height and angle to make it clearly visible to traffic on the main-traveled
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way of the highway to which it is relocated or remodeled;
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(b) the same size and at least the same height as the previous use or structure, but the
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relocated use or structure may not exceed the size and height permitted under this
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part;
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(c) relocated to a comparable vehicular traffic count.
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(6)(a) The governmental entity, quasi-governmental entity, or public utility that causes
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the need for the outdoor advertising relocation or remodeling as provided in
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Subsection (2) shall pay the costs related to the relocation, remodeling, or acquisition.
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(b) If a governmental entity prohibits the relocation and remodeling as provided in
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Subsection (2)(a)[, (b), or (c)], it shall pay just compensation as provided in
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Subsection 72-7-510(3).
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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