UT
Utah House Bill HB0198

Utah 2025 Regular Session

Utah House Bill HB0198 Compare Versions

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1-Enrolled Copy H.B. 198
1+02-28 15:22 4th Sub. (Green) H.B. 198
2+Val L. Peterson proposes the following substitute bill:
23 1
34 Highway Expansion Impacts on Signage Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Val L. Peterson
78 Senate Sponsor: John D. Johnson
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill amends provisions related to the relocation of a billboard due to road construction
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1718 or other highway changes.
1819 7
1920 Highlighted Provisions:
2021 8
2122 This bill:
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2324 ▸ amends provisions related to the relocation of a billboard if the billboard was obstructed
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2526 or impacted by the widening, construction, reconstruction, or other improvements
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2728 appurtenant to the relevant highway.
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2930 Money Appropriated in this Bill:
3031 13
3132 None
3233 14
3334 Other Special Clauses:
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3536 None
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3738 Utah Code Sections Affected:
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3940 AMENDS:
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4142 72-7-510, as last amended by Laws of Utah 2008, Chapter 3
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4344 72-7-510.5, as last amended by Laws of Utah 2009, Chapter 170
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4546 72-7-513, as last amended by Laws of Utah 1999, Chapter 72
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4748
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4950 Be it enacted by the Legislature of the state of Utah:
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5152 Section 1. Section 72-7-510 is amended to read:
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5354 72-7-510 . Existing outdoor advertising not in conformity with part -- Procedure
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5556 -- Eminent domain -- Compensation -- Relocation.
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5758 (1) As used in this section, "nonconforming sign" means a sign that has been erected in a
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5960 zone or area other than commercial or industrial or where outdoor advertising is not
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61-permitted under this part. H.B. 198 Enrolled Copy
62+permitted under this part.
6263 29
6364 (2)(a) The department may acquire by gift, purchase, agreement, exchange, or eminent
65+4th Sub. H.B. 198 4th Sub. (Green) H.B. 198 02-28 15:22
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6567 domain, any existing outdoor advertising and all property rights pertaining to the
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6769 outdoor advertising which were lawfully in existence on May 9, 1967, and which by
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6971 reason of this part become nonconforming.
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7173 (b) If the department, or any town, city, county, governmental entity, public utility, or
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7375 any agency or the United States Department of Transportation under this part,
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7577 prevents the maintenance as defined in Section 72-7-502, or requires that
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7779 maintenance of an existing sign be discontinued, the sign in question shall be
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7981 considered acquired by the entity and just compensation will become immediately
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8183 due and payable.
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8385 (c) Eminent domain shall be exercised in accordance with the provision of Title 78B,
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8587 Chapter 6, Part 5, Eminent Domain.
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8789 (3)(a) Just compensation shall be paid for outdoor advertising and all property rights
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8991 pertaining to the same, including the right of the landowner upon whose land a sign is
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9193 located, acquired through the processes of eminent domain.
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9395 (b) For the purposes of this part, just compensation shall include the consideration of
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9597 damages to remaining properties, contiguous and noncontiguous, of an outdoor
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9799 advertising sign company's interest, which remaining properties, together with the
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99101 properties actually condemned, constituted an economic unit.
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101103 (c) The department is empowered to remove signs found in violation of Section 72-7-508
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103105 without payment of any compensation.
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105107 (4) Except as specifically provided in this section or Section 72-7-513, this part may not be
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107109 construed to permit a person to place or maintain any outdoor advertising adjacent to
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109111 any interstate or primary highway system which is prohibited by law or by any town,
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111113 city, or county ordinance. Any town, city, county, governmental entity, or public utility
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113115 which requires the removal, relocation, alteration, change, or termination of outdoor
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115117 advertising shall pay just compensation as defined in this part and in Title 78B, Chapter
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117119 6, Part 5, Eminent Domain.
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119121 (5) Except as provided in Section 72-7-508, no sign shall be required to be removed by the
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121123 department nor sign maintenance as described in this section be discontinued unless at
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123125 the time of removal or discontinuance there are sufficient funds, from whatever source,
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125127 appropriated and immediately available to pay the just compensation required under this
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127129 section and unless at that time the federal funds required to be contributed under 23
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129131 U.S.C., Sec. 131, if any, with respect to the outdoor advertising being removed, have
130-- 2 - Enrolled Copy H.B. 198
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132133 been appropriated and are immediately available to this state.
134+- 2 - 02-28 15:22 4th Sub. (Green) H.B. 198
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134136 (6)(a) If any outdoor advertising use, structure, or permit may not be continued because
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136138 of the widening, construction, or reconstruction along an interstate, federal aid
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138140 primary highway existing as of June 1, 1991, or national highway systems highway,
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140142 the owner shall have the option to relocate and remodel the use, structure, or permit
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142144 to another location:
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144146 (i) within the same municipality or unincorporated county:
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146148 [(i)] (A) on the same property;
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148150 [(ii)] (B) on adjacent property;
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150152 (C) on either side of the same highway; or
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152154 [(iii) on the same highway within 5280 feet of the previous location, which may be
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154156 extended 5280 feet outside the areas described in Subsection 72-7-505(3)(c)(i)(A),
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156158 on either side of the same highway; or]
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158160 [(iv)] (D) mutually agreed upon by the owner and the county or municipality in
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160162 which the use, structure, or permit is located[.] ; or
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162164 (ii) within a different municipality or unincorporated county mutually agreed upon by
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164-the owner and the different municipality or county.
166+the owner and the different municipality or county
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166168 (b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned
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168170 area or where outdoor advertising is permitted under this part.
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170172 (c) The county or municipality in which the use or structure is located or is to be
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172174 relocated as described in Subsection (6)(a) shall, if necessary, provide for the
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174176 relocation and remodeling by ordinance for a special exception to its zoning
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176178 ordinance.
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178180 (d) The relocated and remodeled use or structure may be:
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180182 (i) erected to a height and angle to make it clearly visible to traffic on the
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182184 main-traveled way of the highway to which it is relocated or remodeled;
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184186 (ii) the same size and at least the same height as the previous use or structure, but the
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186188 relocated use or structure may not exceed the size and height permitted under this
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188190 part;
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190192 (iii) relocated to a comparable vehicular traffic count.
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192194 (7)(a) The governmental entity, quasi-governmental entity, or public utility that causes
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194196 the need for the outdoor advertising relocation or remodeling as provided in
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196198 Subsection (6)(a) shall pay the costs related to the relocation, remodeling, or
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198200 acquisition.
199-- 3 - H.B. 198 Enrolled Copy
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201202 (b) If a governmental entity prohibits the relocation and remodeling as provided in
203+- 3 - 4th Sub. (Green) H.B. 198 02-28 15:22
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203205 Subsection [(6)(a)] (6)(a)(i), it shall pay just compensation as provided in Subsection
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205207 (3).
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207209 Section 2. Section 72-7-510.5 is amended to read:
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209211 72-7-510.5 . Height adjustments for outdoor advertising signs.
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211213 (1) If the view and readability of an outdoor advertising sign, including a sign that is a
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213215 nonconforming sign as defined in Section 72-7-510, a noncomplying structure as
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215217 defined in Sections 10-9a-103 and 17-27a-103, or a nonconforming use as defined in
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217219 Sections 10-9a-103 and 17-27a-103 is obstructed due to a noise abatement or safety
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219221 measure, grade change, construction, directional sign, highway widening, or aesthetic
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221223 improvement made by an agency of this state, along an interstate, federal aid primary
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223225 highway existing as of June 1, 1991, national highway systems highway, or state
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225227 highway or by an improvement created on real property subsequent to the department's
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227229 disposal of the property under Section 72-5-111, the owner of the sign may:
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229231 (a) adjust the height of the sign;[ or]
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231233 (b) if the sign is located along an interstate, federal aid primary highway existing as of
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233235 June 1, 1991, or national highway systems highway, relocate the sign to either side of
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235237 the same highway, within the same municipality or unincorporated county, if the sign
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237239 complies with the spacing requirements under Section 72-7-505 and is in a
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239241 commercial or industrial zone;
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241243 (c) if the sign is located along a state highway, relocate the sign to either side of the
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243245 same highway, within the same municipality or unincorporated county, to a point
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245247 within one mile of the sign's prior location, if the sign complies with the spacing
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247249 requirements under Section 72-7-505 and is located in a commercial or industrial
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249251 zone; or
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251253 (d) relocate the sign to a location that is mutually agreed upon by the owner and:
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253255 (i) the same municipality or unincorporated county in which the obstructed sign is
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255257 located; or
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257259 (ii) any other municipality or unincorporated county.
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259261 [(b) relocate the sign to a point within 500 feet of its prior location, if the sign complies
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261263 with the spacing requirements under Section 72-7-505 and is in a commercial or
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263265 industrial zone.]
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265267 (2) A height adjusted sign under this section does not constitute a substantial change to the
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267269 sign.
268-- 4 - Enrolled Copy H.B. 198
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270271 (3) The county or municipality in which the [outdoor advertising] obstructed sign is located
272+- 4 - 02-28 15:22 4th Sub. (Green) H.B. 198
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272274 or is to be relocated shall, if necessary, provide for the height adjustment or relocation
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274276 by ordinance for a special exception to its zoning ordinance.
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276278 (4)(a) The height adjusted sign:
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278280 (i) may be erected:
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280282 (A) to a height to make the entire advertising content of the sign clearly visible;
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282284 and
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284286 (B) to an angle to make the entire advertising content of the sign clearly visible;
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286288 and
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288290 (ii) shall be the same size as the previous sign.
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290292 (b) The provisions of Subsection (4)(a) are an exception to the height requirements
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292294 under Section 72-7-505.
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294296 Section 3. Section 72-7-513 is amended to read:
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296298 72-7-513 . Relocation on state highways.
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298300 (1) As used in this section, "state highway" means those highways designated as state
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300302 highways in [Title 72, Chapter 4, Designation of State Highways Act] Chapter 4,
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302304 Designation of State Highways Act, on July 1, 1999, and any subsequently designated
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304306 state highway.
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306308 (2) If any outdoor advertising use or structure may not be continued because of the
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308310 widening, construction, or reconstruction along a state highway, the owner shall have
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310312 the option to relocate and remodel the use or structure to another location:
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312314 (a) within the same municipality or unincorporated county:
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314316 [(a)] (i) on the same property;
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316318 [(b)] (ii) on adjacent property;
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318320 [(c)] (iii) on either side of the same highway if the new location is within [2640 feet]
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320322 one mile of the previous location[ on either side of the same highway]; or
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322324 [(d)] (iv) another location mutually agreed upon by the owner and the county or
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324326 municipality in which the use, structure, or permit is located[.] ; or
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326328 (b) another location mutually agreed upon by the owner and another municipality or
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328330 county.
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330332 (3) The relocation under Subsection (2) shall be in a commercial or industrial zoned area or
331333 162
332334 where outdoor advertising is permitted under this part.
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334336 (4) The county or municipality in which the use or structure is located or is to be relocated
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336338 under Subsection (2) shall, if necessary, provide for the relocation and remodeling by
337-- 5 - H.B. 198 Enrolled Copy
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339340 ordinance for a special exception to its zoning ordinance.
341+- 5 - 4th Sub. (Green) H.B. 198 02-28 15:22
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341343 (5) The relocated and remodeled use or structure may be:
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343345 (a) erected to a height and angle to make it clearly visible to traffic on the main-traveled
344346 168
345347 way of the highway to which it is relocated or remodeled;
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347349 (b) the same size and at least the same height as the previous use or structure, but the
348350 170
349351 relocated use or structure may not exceed the size and height permitted under this
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351353 part;
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353355 (c) relocated to a comparable vehicular traffic count.
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355357 (6)(a) The governmental entity, quasi-governmental entity, or public utility that causes
356358 174
357359 the need for the outdoor advertising relocation or remodeling as provided in
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359361 Subsection (2) shall pay the costs related to the relocation, remodeling, or acquisition.
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361363 (b) If a governmental entity prohibits the relocation and remodeling as provided in
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363365 Subsection (2)(a)[, (b), or (c)], it shall pay just compensation as provided in
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365367 Subsection 72-7-510(3).
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367369 Section 4. Effective Date.
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369371 This bill takes effect on May 7, 2025.
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