North Carolina 2017-2018 Session Status: In Committee 5 R cosponsors

HB 581 — Revisions to Outdoor Advertising Laws.

Last action — Amend Adopted A1

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

503 added · 933 removed

Plain-language change summary

The recent amendment to House Bill 581 adds new definitions and clarifications regarding outdoor advertising regulations. One significant change is the inclusion of the phrase "zoning designed primarily for the purpose of permitting outdoor advertising signs," which explicitly excludes these signs from certain regulations. This clarification is important as it delineates how outdoor advertising is governed, potentially impacting both business owners and sign manufacturers by defining where and how they can operate.

→
Previous
Latest
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 581 Committee Substitute Favorable 5/23/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 581 Short Title:
Representatives Lewis, Saine, Goodman, and Hanes (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 6, 2017 A BILL TO BE ENTITLED AN ACT TO CLARIFY THE STANDARDS FOR DETERMINING JUST COMPENSATION FOR THE REMOVAL OF OFF-PREMISES OUTDOOR ADVERTISING, TO PROMOTE UNIFORMITY OF REGULATION AND MODERNIZATION OF OUTDOOR ADVERTISING, TO ALLOW FOR THE RELOCATION AND RECONSTRUCTION OF OFF-PREMISES OUTDOOR ADVERTISING, TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, TO CLARIFY STANDARDS FOR SELECTIVE VEGETATION REMOVAL, AND TO ESTABLISH A REASONABLE TIME FRAME FOR MAKING AGENCY DECISIONS REGARDING PERMITS AND APPEALS.
Rules, Calendar, and Operations of the House April 6, 2017 A BILL TO BE ENTITLED AN ACT TO PROMOTE UNIFORMITY OF REGULATION AND MODERNIZATION OF OUTDOOR ADVERTISING, TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, AND TO ESTABLISH A REASONABLE TIME FRAME FOR MAKING AGENCY DECISIONS REGARDING PERMITS AND APPEALS.
SECTION 1.(a) G.S.
SECTION 1.
136-93.2 reads as rewritten:
"§ 136-93.2.
Monetary value of trees.
The monetary value for existing trees removed and eligible for reimbursement to the Department as provided in G.S.
136-93 or G.S.
136-133.1 from State rights-of-way shall be determined on an annual basis by the Department.
In determining the value of existing trees removed, the average cost per caliper inch shall be based on the lower value of either the average wholesale commercial nursery prices for hardwood and conifer plants, times a 2.5 multiplier for installation and warranty or the average cost per caliper inch for tree planting contracts let by the Department in the previous calendar year.
The values shall be determined and published by the Department no later than December 15 of each year.
The values established pursuant to this section shall be used in calculating the monetary value of trees removed from State rights-of-way beginning January 1 of each year.
If the Department fails to publish changes in values by December 15, then the values existing on December 15 shall be applicable to existing trees removed and eligible for reimbursement for the following year.forty-five dollars ($45.00) per caliper inch." SECTION 1.(b) This section is effective when it becomes law and applies to trees removed on or after that date.
SECTION 2.
As a result, off-premises outdoor advertising is *H581-v-2* General Assembly Of North Carolina Session 2017 a use of land that should be preserved and its modernization fostered in order to enable new technology and more inventive ways of communicating.
As a result, off-premises outdoor advertising is a use of land that should be preserved and its modernization fostered in order to enable new technology and more inventive ways of communicating.
It is the intention of the General Assembly to provide and declare herein a public policy and statutory basis for the establishment of a uniform system for the regulation and control of off-premises outdoor advertising.advertising throughout the State." SECTION 3.(a) G.S.
It is the intention of the General Assembly to provide and declare herein a public policy and statutory basis for the establishment of a uniform system for the regulation and control of off-premises outdoor advertising.advertising throughout the State." SECTION 2.
136-128(1) is recodified as G.S.
G.S.
136-128(1d).
136-128 reads as rewritten:
SECTION 3.(b) G.S.
136-128(1a) is recodified as G.S.
136-128(1e).
SECTION 3.(c) G.S.
136-128(1b) is recodified as G.S.
136-128(1f).
SECTION 3.(d) G.S.
136-128(2a) is recodified as G.S.
136-128(2c).
SECTION 3.(e) G.S.
136-128, as amended by subsections (a), (b), (c), and (d) of this section, reads as rewritten:
– An area which is zoned for business, industry, commerce, or trade pursuant to a State law or local zoning ordinance or regulation, regardless of how labeled, where uses associated with business, industry, commerce, or trade are permitted.
– An area which is zoned for business, industry, commerce, or trade pursuant to a State law or local zoning *H581-v-1* General Assembly Of North Carolina Session 2017 ordinance or regulation, regardless of how labeled.
(1a) Changeable message sign.
(2) Changeable message sign.
– An off-premises outdoor advertising sign that displays a series of messages at intervals by digital display, mechanical rotating panels, or other electronic or automated means.
– An off-premises advertising sign that displays a series of messages at intervals by digital display, mechanical rotating panels, or other electronic or automated means.
(1b) Cross read face.
(3) Customary use.
– The left read advertising face for an off-premises outdoor advertising sign that is intended for viewing and located on the opposite side of the highway to the flow of traffic on the main travel way.
– Compliance with the specific outdoor advertising standards for size, lighting, and spacing in areas zoned industrial or commercial under authority of State law or in unzoned industrial or commercial areas, as the standards and areas are described and defined in the agreement dated January 7, 1972, as amended, and entered into between the State and the United States Department of Transportation under G.S.
(1c) Customary use.
– Compliance with the specific outdoor advertising standards for size, lighting, and spacing in areas zoned commercial or industrial under authority of State law or in unzoned commercial or industrial areas, as the standards and areas are described and defined in the agreement dated January 7, 1972, as amended, and entered into between the State and the United States Department of Transportation under G.S.
(1d) "Erect" means to Erect or erection.
(4) "Erect" means to Erect or erection.
136-131.2, or the relocation of an off-premises outdoor advertising sign as authorized under applicable State law.
136-131.2, or the relocation of an off-premises outdoor advertising sign, as authorized under applicable State law.
Show all 305 changed rows (265 more)
Previous
Latest
Page 2 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 (1e) "Illegal sign" means one Illegal sign.
(1a)(5) "Illegal sign" means one Illegal sign.
(1f) "Information center" means an Information center.
(1b)(6)"Information center" means an Information center.
(2) "Interstate system" means that Interstate system.
(2)(7) "Interstate system" means that Interstate system.
(2a) Maintain or maintenance.
(8) Maintain or maintenance.
(2b) Main-traveled way or main travel way.
(9) Main-traveled way or main travel way.
(2c) "Nonconforming sign" shall mean a Nonconforming sign.
(2a)(10) "Nonconforming sign" shall mean a Nonconforming sign.
(2d) Off-premises outdoor advertising.
(3)(11)"Outdoor advertising" means any Outdoor advertising.
– The use of land consisting of a sign erected and maintained for the purpose of (i) displaying, advertising, identifying, or directing attention to business products, operations, or services sold or offered at a property other than the property where the sign is erected or (ii) promoting an attraction, activity, idea, opinion, or other noncommercial messaging that is unrelated to the property where the sign is erected.
– Any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or any other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is Page 2 House Bill 581-First Edition General Assembly Of North Carolina Session 2017 visible from any place on the main-traveled way of the interstate or primary system, whether the same be permanent or portable installation.
(12) Off-premises outdoor advertising.
– The use of land consisting of a sign erected and maintained for the purpose of (i) displaying, advertising, identifying, or directing attention to business products, operations, or services sold or offered at a site other than the site where the sign is erected or (ii) promoting an attraction, activity, idea, opinion, or other noncommercial messaging that is unrelated to the site where the sign is erected.
(3) "Outdoor advertising" means any Outdoor advertising.
(4)(13)"Primary systems" means the Primary systems.
– Any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or any other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary system, whether the same be permanent or portable installation.
(4) "Primary systems" means the Primary systems.
House Bill 581-Second Edition Page 3 General Assembly Of North Carolina Session 2017 (5) "Safety rest area" means an Safety rest area.
(5)(14)"Safety rest area" means an Safety rest area.
(5a) Sign face.
(15) Sign face.
(5b) Sign location or site.
(16) Sign location or site.
– A location or site of an off-premises outdoor advertising sign measured to the closest 1/100th of a mile, in conformance with the Department of Transportation methods of measurement for all State roads.
– A location or site of an outdoor advertising sign measured to the closest 1/100th of a mile, in conformance with the Department of Transportation methods of measurement for all State roads.
(6) "State law" means a State law.
(6)(17)"State law" means a State law.
(7) "Unzoned area" shall mean an Unzoned commercial or industrial area.
(7)(18)"Unzoned area" shall mean an Unzoned commercial or industrial area.
(8) "Urban area" shall mean an Urban area.
(8)(19)"Urban area" shall mean an Urban area.
(9) "Visible" means capable Visible.
(9)(20)"Visible" means capable Visible.
– Capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity." SECTION 4.
– Capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity." SECTION 3.
(2) The property used for the activity shall be listed for ad valorem taxes with the county and municipal taxing authorities as required by law.
House Bill 581-First Edition Page 3 General Assembly Of North Carolina Session 2017 (2) The property used for the activity shall be listed for ad valorem taxes with the county and municipal taxing authorities as required by law.
Page 4 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 d.
d.
(9) The activity shall be visible and recognizable as commercial or industrial from the main-traveled way.
(9) The activity shall be visible and recognizable as commercial or industrial from the main-traveled way of the controlled route.
An activity is visible when that portion on which the permanent building designed, built, or modified for its current commercial use can be clearly seen 12 months a year by a person of normal visual acuity while traveling at the posted speed on the main-traveled way adjacent to the activity.
An activity is visible when that portion on which the permanent building designed, built, or modified for its current commercial use can be clearly seen 12 months a year by a person of normal visual acuity while traveling at the posted speed on the main-traveled way of the controlled route adjacent to the activity.
An activity is recognizable as commercial or industrial when its visibility from the main-traveled way is sufficient for the activity to be identified as commercial or industrial.
An activity is recognizable as commercial or industrial when its visibility from the main-traveled way of the controlled route is sufficient for the activity to be identified as commercial or industrial.
(1) Each side of the highway shall be considered separately.
(1) Each side of the controlled route shall be considered separately.
(2) All measurements shall begin from the outer edges of regularly used buildings, parking lots, storage, or processing areas of the commercial or industrial activity, not from the property line of the activity, and shall be along the nearest edge of the main-traveled way.
(2) All measurements shall begin from the outer edges of regularly used buildings, parking lots, storage, or processing areas of the commercial or industrial activity, not from the property line of the activity, and shall be along the nearest edge of the main-traveled way of the controlled route.
(3) Agricultural, forestry, ranching, grazing, farming, and related activities, including temporary wayside fresh produce stands.
Page 4 House Bill 581-First Edition General Assembly Of North Carolina Session 2017 (3) Agricultural, forestry, ranching, grazing, farming, and related activities, including temporary wayside fresh produce stands.
136-147." SECTION 5.
136-147." SECTION 4.
House Bill 581-Second Edition Page 5 General Assembly Of North Carolina Session 2017 … (4) Outdoor advertising, in conformity with customary use and the rules and regulations promulgated by the Department of Transportation, Transportation pursuant to G.S.
… (4) Outdoor advertising, in conformity with customary use and the rules and regulations promulgated by the Department of Transportation, Transportation pursuant to G.S.
136-130, located in unzoned commercial or industrial areas." SECTION 6.
136-130, located in unzoned commercial or industrial areas." SECTION 5.
"(d) Nothing in this Article shall be construed to alter or supersede the requirements and limitations set forth in Article 10 of Chapter 113A of the General Statutes." SECTION 7.
"(d) Nothing in this Article shall be construed to alter or supersede the requirements and limitations set forth in Article 10 of Chapter 113A of the General Statutes." SECTION 6.
(a) TheSubject to the limitations set forth in this Article, the Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing:governing any of the following:
(a) The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing:governing any of the following:
… (b) Notwithstanding any law to the contrary, the Department of Transportation shall not deny or revoke a permit for off-premises outdoor advertising required under this Article on the basis that the off-premises outdoor advertising fails to conform to ordinances, rules, or regulations of a municipality, county, local or regional zoning authority, or other political subdivision of the State, except for the proposed erection of a new off-premises outdoor advertising sign at a new sign location or site that fails to comply at the time of denial with ordinances, rules, or regulations of a municipality, county, local or regional zoning authority, or other political subdivision of the State that are consistent with G.S.
… (b) Notwithstanding any law to the contrary, the Department of Transportation shall not deny or revoke a permit for outdoor advertising required under this Article on the basis that the outdoor advertising fails to conform to ordinances, rules, or regulations of a municipality, county, local or regional zoning authority, or other political subdivision of the State, except for the proposed erection of a new outdoor advertising sign at a new sign location or site that fails House Bill 581-First Edition Page 5 General Assembly Of North Carolina Session 2017 to comply at the time of denial with ordinances, rules, or regulations of a municipality, county, local or regional zoning authority, or other political subdivision of the State that are consistent with G.S.
136-131.2(b).
136-131.2(b)." SECTION 7.
This exception does not apply to the relocation of off-premises outdoor advertising authorized by this Article." SECTION 8.(a) G.S.
G.S.
136-131 reads as rewritten:
"§ 136-131.
Removal of existing nonconforming off-premises outdoor advertising.
(a) The Department of Transportation is authorized to acquire by purchase, gift, or condemnation all off-premises outdoor advertising and all property rights pertaining thereto which are prohibited under the provisions of G.S.
136-129, 136-129.1 or 136-129.2, thereto, provided such the off-premises outdoor advertising is in lawful existence on the effective date of this Article as determined by G.S.
136-140, or provided that it is lawfully erected after the effective date of this Article as determined by G.S.
136-140.
Notwithstanding any law to the contrary, this section shall apply to all acquisitions, purchases, condemnations, or takings by the Department of Transportation that cause the removal of any lawfully erected off-premises outdoor advertising, regardless of the outdoor advertising sign's location and proximity to the interstates or primary systems.
The unit rule for valuing property shall not be used in Page 6 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 determining just compensation under this section.
For purposes of this section, the term "unit rule" means paying the undivided interest in real property rather than the value of each owner's partial interest.
In any acquisition, purchase or condemnation, purchase, condemnation, or taking, just compensation to the owner of the off-premises outdoor advertising, where the owner of the off-premises outdoor advertising does not own the fee, shall be limited to the fair market value at the time of the taking of the off-premises outdoor advertising owner's interest in the real property on which the off-premises outdoor advertising is located and such value shall include the value of the off-premises outdoor advertising.
In any acquisition, purchase or condemnation, purchase, condemnation, or taking, just compensation to the owner of the fee or other interest in the real property upon which the off-premises outdoor advertising is located where said owner does not own the off-premises outdoor advertising located thereon shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such off-premises outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
In any acquisition, purchase or condemnation, purchase, condemnation, or taking, just compensation to the owner of the fee in the real property upon which the off-premises outdoor advertising is located, where said owner also owns the off-premises outdoor advertising located thereon, shall be limited to the fair market value of the off-premises outdoor advertising plus the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such off-premises outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
The following factors shall be used in determining just compensation for off-premises outdoor advertising and all property rights pertaining thereto:
(1) The sales price of similar off-premises outdoor advertising and all property rights pertaining thereto.
(2) The physical condition of the off-premises outdoor advertising sign, including its useful life.
(3) The income generated by the rental of advertising space on the off-premises outdoor advertising sign.
(4) The effects of zoning or other land-use restrictions.
(5) The value of possessing an outdoor advertising permit issued by an appropriate governing body.
(6) The ability or inability to relocate and reconstruct the off-premises outdoor advertising to a site reasonably comparable to or better than the condemned location within the same zoning jurisdiction or, if unzoned, within the same city or county territorial jurisdiction, taking into account the similarity of advantages arising from lease terms, visibility, traffic flow, and other criteria that affect the value of outdoor advertising.
The factor in this subdivision shall not be considered if the applicable governmental jurisdiction allows for numerical increases in outdoor advertising signs.
(7) The advantages arising from leasehold or other property interests, including length or term of property interest, renewal rights, options to purchase, or rights of first refusal.
(8) Reasonable expectations of lease renewal for a period in excess of that stated in the lease for original and renewal terms.
House Bill 581-Second Edition Page 7 General Assembly Of North Carolina Session 2017 (9) Any other factor that may affect the value of the property rights affected by the condemnation.
(b) Prior to any acquisition or taking by the Department of Transportation under this section, the Department of Transportation shall undertake the project necessitating the acquisition or taking in accordance with G.S.
133-11 to minimize adverse impacts to the displaced off-premises outdoor advertiser and reduce the costs of acquiring the off-premises outdoor advertising and all property rights thereto, including allowing the off-premises outdoor advertising to remain until actual construction or other physical site work is commenced on the project and within 100 feet of the off-premises outdoor advertising sign.
(c) In addition to receiving just compensation in accordance with this section, the owner of off-premises outdoor advertising shall be entitled to recover from the governmental party causing the removal of the off-premises outdoor advertising the reasonable costs of relocating and reconstructing the displaced off-premises outdoor advertising, including an amount equivalent to the income received by the off-premises outdoor advertiser from the availability or rental of space on the off-premises outdoor advertising sign for a period of up to 30 days if the income is lost during the relocation of the sign." SECTION 8.(b) G.S.
136-131.1 reads as rewritten:
"§ 136-131.1.
Just compensation required for the removal of billboards on federal-aid primary highways by local authorities.
No municipality, county, local or regional zoning authority, or other political subdivision, shall, without the payment of just compensation in accordance with the provisions that are applicable to the Department of Transportation as provided in paragraphs 2, 3, and 4 of G.S.
136-131, G.S.
136-131(a), remove or cause to be removed any off-premises outdoor advertising adjacent to a highway on the National System of Interstate and Defense Highways or a highway on the Federal-aid Primary Highway System for which there is in effect a valid permit issued by the Department of Transportation pursuant to the provisions of Article 11 of Chapter 136 of the General Statutes and regulations promulgated pursuant thereto." SECTION 8.(c) This section is effective when it becomes law and applies to determinations of just compensation on or after that date.
SECTION 9.(a) G.S.
136-131.1, regulate or prohibit the repair repair, maintenance, alteration, or reconstruction of any off-premises outdoor advertising for which there is in effect a valid permit issued by the Department of Transportation pursuant to this Article at the time of the repair, maintenance, alteration, or reconstruction so long as for multi-faced signs conforming to customary use the cumulative square footage of its the advertising surface area is not increased.
136-131.1, regulate or prohibit the repair repair, maintenance, alteration, or reconstruction of any outdoor advertising for which there is in effect a valid permit issued by the Department of Transportation at the time of the repair, maintenance, alteration, or reconstruction so long as for multi-faced signs conforming to customary use, the cumulative square footage of its the advertising surface area is not increased.
provided, however, the size of a sign face or faces of another off-premises outdoor advertising sign that is permanently taken down in the same governmental jurisdiction within 120 days of a sign being reconstructed may be combined to increase the cumulative advertising surface area of the reconstructed sign, not to exceed 672 square feet for any sign face.
provided, however, the size of a sign face or faces of another off-premises outdoor advertising sign that is permanently taken down in the same jurisdiction within 120 days of a sign being reconstructed may be combined to increase the cumulative advertising surface area of the reconstructed sign, not to exceed 672 square feet for any sign face.
(1) The changing of an existing multi-pole off-premises outdoor advertising structure to a new monopole structure.
(1) The changing of an existing multi-pole outdoor advertising structure to a new monopole structure.
Page 8 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 (3) The increase in the height of the sign, not to exceed 50 feet measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main-traveled way.
(3) The increase in the height of the sign, not to exceed 80 feet measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main-traveled way.
(4) The changing of an off-premises outdoor advertising sign to a changeable message sign under subsection (c) of this section.
(4) The changing of an outdoor advertising sign to a changeable message sign under subsection (c) of this section.
(b) Nothing in this section shall prohibit a municipality, county, local or regional zoning authority, or other political subdivision from using its zoning authority to regulate (i) the initial erection of an off-premises outdoor advertising sign that has not been relocated pursuant to applicable law or (ii) outdoor advertising in which a permit issued by the Department of Transportation pursuant to this Article has been voluntarily cancelled or lawfully revoked and any appeals under G.S.
(b) Nothing in this section shall prohibit a municipality, county, local or regional zoning authority, or other political subdivision from using its zoning authority to regulate (i) the initial erection of an outdoor advertising sign that has not been relocated pursuant to applicable law or (ii) outdoor advertising in which a permit issued by the Department of Transportation pursuant to this Article has been voluntarily cancelled or lawfully revoked and any appeals under G.S.
No decision of an administrative official charged with enforcement of a local ordinance, rule, or regulation shall be effective against an owner or operator of off-premises outdoor advertising for any activity authorized by this Article, and no appeal under G.S.153A-345.1 or G.S.
No decision of an administrative official charged with enforcement of a local ordinance, rule, or regulation shall be effective against an owner or operator of outdoor advertising for any activity authorized by this section, and no appeal under G.S.153A-345.1 or G.S.
(c) Any off-premises outdoor advertising for which there is in effect a valid permit issued by the Department of Transportation pursuant to this Article, including any sign relocated pursuant to applicable law, shall be permitted to be altered or reconstructed to a changeable message sign, subject to the limitations set forth in subsection (a) of this section and all of the following requirements:
(c) Any outdoor advertising adjacent to a highway on the National System of Interstate and Defense Highways or a highway on the federal-aid primary highway system for which there is in effect a valid permit issued by the Department of Transportation, including any sign relocated pursuant to applicable law, shall be permitted to be altered or reconstructed to a changeable message sign, subject to the limitations set forth in subsection (a) of this section and all of the following requirements:
A changeable message sign that complies with the requirements set forth in this subsection shall not be considered flashing, intermittent, or moving and shall otherwise satisfy the lighting restrictions set forth in the agreement entered into pursuant to G.S.
A changeable message sign that complies with the requirements set forth in this subsection shall not be considered flashing, intermittent, or moving and shall otherwise satisfy the lighting restrictions set forth in the agreement entered into pursuant to Page 6 House Bill 581-First Edition General Assembly Of North Carolina Session 2017 G.S.
(8) An off-premises outdoor advertising sign shall not be altered or reconstructed to a changeable message sign within an historic district lawfully established by a city or county government pursuant to Part 3C of House Bill 581-Second Edition Page 9 General Assembly Of North Carolina Session 2017 Article 19 of Chapter 160A of the General Statutes, unless consented to by a resolution adopted by the applicable local governing board.
(e) The Department of Transportation shall not require additional permits, nor revoke any existing permits, for any action taken pursuant to this section or G.S.
(e) The Department of Transportation shall not require additional permits, nor revoke any existing permits, for any action taken pursuant to this section.
136-131.3.
The Department of Transportation may require within 30 days of the completion of any action taken pursuant to this section an addendum to an existing permit showing or describing the changes to the conditions of the outdoor advertising sign.
The Department of Transportation may require within 30 days of the completion of any action taken pursuant to this section or G.S.
136-131.3 an addendum to an existing permit showing or describing the changes to the conditions of the outdoor advertising sign.
The rights set forth in this section shall not run with the land.
The rights set forth in this section shall not run with the land." SECTION 8.
The permit issued by the Department, and all rights associated with it, may be assigned.
G.S.
(f) Notwithstanding any law to the contrary, in order to promote the outdoor advertiser's right to be clearly viewed as set forth in G.S.
136-127, the owner of an off-premises outdoor advertising sign, or the owner's designees, shall be permitted to cut or remove vegetation on the private property on which the sign is located with the written consent of the landowner.
A city or county shall not enforce any ordinance or regulation in conflict with the rights set forth herein or to otherwise cause the withholding of consent by the landowner." SECTION 9.(b) This section is effective when it becomes law and applies to repairs, maintenance, alterations, and reconstructions on or after that date.
SECTION 10.(a) Article 11 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136-131.3.
Relocation of permitted off-premises outdoor advertising sign.
(a) Requirements.
– Any off-premises outdoor advertising sign for which there is in effect a valid permit issued by the Department of Transportation pursuant to this Article shall be permitted to be relocated and reconstructed subject to all of the requirements listed in subdivisions (1) through (3) of this subsection.
The right provided under this subsection to relocate off-premises outdoor advertising may be assigned or conveyed by the permittee.
(1) The new site for relocation shall be any area within 660 feet of the nearest edge of the right-of-way of a highway on the National System of Interstate and Defense Highways or the federal-aid primary highway system (i) within the same zoning jurisdiction or (ii) within the same city or county limits if the off-premises outdoor advertising sign was located in an unzoned area.
(2) Except as provided in subsection (c) of this section, the off-premises outdoor advertising sign at the relocated site shall conform with customary use (i) in areas zoned commercial or industrial under authority of State law or (ii) if the relocated site is unzoned, in unzoned commercial or industrial areas.
The new site for relocation shall not be within an historic district lawfully established by a city or county government pursuant to Part 3C of Article 19 of Chapter 160A of the General Statutes, unless consented to by a resolution adopted by the applicable local governing board.
(3) The construction work related to the relocation of the off-premises outdoor advertising sign at the new location shall commence within one year after the later of the date of removal or the effective date of this Article.
(b) Vegetation Removal.
– A new site for relocation shall not be denied by the Department of Transportation due to the presence of vegetation obstructing the visibility of the outdoor advertising sign from the viewing zone.
Notwithstanding any law to the contrary, the Page 10 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 owner or operator of the off-premises outdoor advertising sign shall be permitted to improve the visibility of the sign by removing any vegetation (i) on private property upon receiving written consent of the landowner and (ii) on the right-of-way of the interstate and primary systems of the State pursuant to a selective vegetation removal permit issued under this Article.
A city or county shall not enforce any ordinance or regulation in conflict with the rights set forth herein or to otherwise cause the withholding of consent by the landowner.
(c) Customary Use Exception.
– Any off-premises outdoor advertising sign that is legally existing but would not be conforming to customary use if relocated on the same sign location or site may still be relocated on the same sign location or site, subject to the following requirements:
(1) The structural members of the sign at the relocated site are of like material.
(2) The size of the sign face or faces are not increased.
(3) The height of the sign at the relocated site does not exceed 50 feet measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main-traveled way.
(4) The relocation on the same sign location or site is not denied by the Federal Highway Administrator or such other federal official delegated the responsibility for enforcing the federal-State agreement referenced in the definition of customary use in G.S.
136-128." SECTION 10.(b) This section is effective when it becomes law and applies to off-premises outdoor advertising signs removed on or after January 1, 2014.
SECTION 11.(a) G.S.
Failure to provide written notice to the aggrieved party of the Secretary's decision to affirm or reject the agency appeal within the 90-day period shall result in the appeal being affirmed, entitling the aggrieved party to issuance of the outdoor advertising permit or reversal of the Department of Transportation's decision to revoke.
Failure to provide written notice to the aggrieved party of the Secretary's decision to affirm or reject the agency appeal within the House Bill 581-First Edition Page 7 General Assembly Of North Carolina Session 2017 90-day period shall result in the appeal being affirmed, entitling the aggrieved party to issuance of the outdoor advertising permit or reversal of the Department of Transportation's decision to revoke.
136-129(4) and (5) shall not exceed a one hundred twenty dollar ($120.00) two hundred forty dollar ($240.00) initial fee and fee, a sixty dollar ($60.00) seventy-five dollar ($75.00) annual renewal fee.fee, and a two hundred forty dollar ($240.00) fee for an addendum to an existing outdoor advertising permit for (i) relocating outdoor advertising beyond the existing sign location or site where the outdoor advertising was House Bill 581-Second Edition Page 11 General Assembly Of North Carolina Session 2017 located immediately prior to the relocation or (ii) altering or reconstructing to a changeable message sign, in accordance with G.S.
136-129(4) and (5) shall not exceed a one hundred twenty dollar ($120.00) two-hundred-forty-dollar ($240.00) initial fee and fee, a sixty dollar ($60.00) seventy-five-dollar ($75.00) annual renewal fee.fee, and a two-hundred-forty-dollar ($240.00) fee for an addendum to an existing outdoor advertising permit for (i) relocating outdoor advertising beyond the existing sign location or site where the outdoor advertising was located immediately prior to the relocation or (ii) altering or reconstructing to a changeable message sign, in accordance with G.S.
No building permit or local building inspection authorized under Chapter 153A or 160A of the General Statutes shall be required for off-premises advertising if the proposed construction is evaluated by a professional engineer, acting within the scope of the engineer's authority, and the construction is certified by the engineer as being in compliance with the State Building Code." SECTION 11.(b) G.S.
No building permit or local building inspection authorized under Chapter 153A or 160A of the General Statutes shall be required for off-premises advertising if the proposed construction is evaluated by a professional engineer, acting within the scope of the engineer's authority, and the construction is certified by the engineer as being in compliance with the State Building Code." SECTION 9.
136-133(a), as amended by this section, is effective when it becomes law and applies to appeals filed on or after that date.
136-133(a1), as enacted by this section, is effective when it becomes law and applies to permits issued on or after that date.
The remainder of this section is effective when it becomes law.
SECTION 12 G.S.
136-133.1 reads as rewritten:
"§ 136-133.1.
Outdoor advertising vegetation cutting or removal.
… (a2) Notwithstanding any law to the contrary, in order to promote the outdoor advertiser's right to be clearly viewed as set forth in G.S.
136-127, the Department of Transportation, at the request of an owner of an off-premises outdoor advertising sign permitted under G.S.
136-129(4) or G.S.
136-129(5), shall approve plans for the cutting, thinning, pruning, or removal of vegetation along or within medians of the interstate or federal-aid primary highway system so long as the view to the cross read face of the off-premises outdoor advertising sign will be improved and the sign owner replants the disturbed median area with low growth hardy shrubs at the sign owner's expense.
(b) Vegetation permitted to be cut, thinned, pruned, or removed shall be defined as any tree, shrub, or underbrush within the zone created by points A, B, D, and E.
Any existing tree that was in existence at the time that an outdoor advertising structure was erected shall only be eligible for removal in accordance with subsections (c), (d), and (e) of this section.
NativeTo the extent possible, native dogwoods and native redbuds shall be preserved.
A selective vegetation removal permittee may relocate, and replace if necessary, any native dogwoods or native redbuds existing within the cut or removal zone established in subsection (a) of this section to a location within 2,500 feet on either side of the outdoor advertising structure, as measured along the edge of the pavement of the main travel way of the nearest controlled route.
If a native dogwood or native redbud cannot be preserved during relocation, a selective vegetation removal permittee shall replace the native dogwood or native redbud with the same species of any quantity that total the same caliper inches.
For the purposes of this section, an existing tree is defined as a tree that had a diameter of four inches or greater as measured six inches from the ground at the time that the outdoor advertising structure was erected.
An outdoor advertising sign is considered erected when the sign is completely constructed with a sign face.
…." SECTION 13.
G.S.
136-133.2 reads as rewritten:
"§ 136-133.2.
Issuance or denial of a selective vegetation removal permit.
(a) Except as provided in subsection (b) of this section and G.S.
136-133.1(g), permits to remove vegetation may be granted for off-premises outdoor advertising locations that have been permitted for at least two years one year prior to the date of application.
The Department shall approve or deny an application submitted pursuant to this section, including the fee required by G.S.
136-18.7 and all required documentation, within 30 days of the receipt of an application for a selective vegetation removal permit.
If written notice of approval or denial is Page 12 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 not given to the applicant within the 30-day period, then the application shall be deemed approved.
If the application is denied, the Department shall advise the applicant, in writing, by registered or certified mail, return receipt requested, addressed to the party to be noticed, and delivering to the addressee, the reasons for the denial.
(b) Notwithstanding the one-year period required in subsection (a) of this section, permits to remove vegetation may be granted for off-premises outdoor advertising locations (i) where outdoor advertising has been relocated as allowed by law and (ii) that otherwise comply with the requirements of this section and rules adopted by the Department in accordance with this section." SECTION 14.(a) G.S.
… (d) The Except for relocations authorized under G.S.
136-131.3, the Department shall not issue permits for new outdoor advertising signs at a sign location where existing trees, if they were to reach the average mature size for that species, would make the proposed sign faces, when erected, not completely visible from the viewing zone.
"Existing trees" are those trees that at the time of the permit application are four inches or greater in diameter as measured six inches from the ground.
"Viewing zone" means the area which is 500 feet as measured along the edge of the main travel way of the controlled route on each side of the proposed sign structure which will have a sign face.
…." SECTION 14.(b) This section is effective when it becomes law and applies to off-premises outdoor advertising signs relocated on or after that date.
SECTION 15.(a) G.S.
136-133.5, as amended by Section 14 of this act, reads as rewritten:
"§ 136-133.5.
Denial of a permit for proposed outdoor advertising.
Failure to provide written notice to the applicant of the Department's decision to approve or deny the application within the 30-day period shall result in the appeal being automatically approved, entitling the applicant to issuance of the permit for a new outdoor advertising structure." SECTION 15.(b) This section is effective when it becomes law and applies to applications received on or after that date.
Failure to provide written notice to the applicant of the Department's decision to approve or deny the application within the 30-day period shall result in the appeal being affirmed, entitling the applicant to issuance of the permit for a new outdoor advertising structure." SECTION 10.
SECTION 16.(a) G.S.
G.S.
– When the Department of Transportation notifies a permit applicant, permit holder, or the owner of an outdoor advertising structure that the application is denied, the permit revoked, denied or the House Bill 581-Second Edition Page 13 General Assembly Of North Carolina Session 2017 structure is in violation of this Article or rules issued pursuant to this Article, it shall do so in writing by certified mail, return receipt requested, and shall include a copy of this Article and all rules issued pursuant to this Article.
– When the Department of Transportation notifies a permit applicant, permit holder, or the owner of an outdoor advertising structure that the application is denied, the permit revoked, denied or the structure is in violation of this Article or rules issued pursuant to this Article, it shall do so in writing by certified mail, return receipt requested, and shall include a copy of this Article and all rules issued pursuant to this Article.
(b) Notice of Revocation.
Page 8 House Bill 581-First Edition General Assembly Of North Carolina Session 2017 (b) Notice of Revocation.
– If the Department of Transportation fails to include a copy of this Article and the rules, the time period during which the permit applicant, permit holder, or owner of the outdoor advertising structure has to request a review hearing shall be tolled until the Department of Transportation provides the required materials." SECTION 16.(b) This section is effective when it becomes law and applies to revocations and cancellations on or after that date.
– If the Department of Transportation fails to include a copy of this Article and the rules, the time period during which the permit applicant, permit holder, or owner of the outdoor advertising structure has to request a review hearing shall be tolled until the Department of Transportation provides the required materials." SECTION 11.
SECTION 17.(a) G.S.
G.S.
Notwithstanding any law to the contrary, the Department shall not enter into any agreement or otherwise transfer or delegate the Department's regulatory authority set forth in this Article to any other governmental authority." SECTION 17.(b) This section is effective when it becomes law and applies to revisions made on or after that date.
Notwithstanding any law to the contrary, the Department shall not enter into any agreement or otherwise transfer or delegate the Department's regulatory authority set forth in this Article to any other governmental authority." SECTION 12.
SECTION 18.
To the extent allowed by federal law, and as permitted by the local government or the designated authority, outdoor advertising on or within any transit shelter or rail or bus facility." SECTION 19.(a) Article 11 of Chapter 136 of the General Statutes is amended by adding a new section to read:
To the extent allowed by federal law, and as permitted by the local government or the designated authority, outdoor advertising on or with any transit shelter or rail or bus facility." SECTION 13.
Article 11 of Chapter 136 of the General Statutes is amended by adding a new section to read:
(a) The Department of Transportation shall work together with owners of changeable message signs, the North Carolina Division of Emergency Management, the Department of Public Safety, the Secretary of State, the State Highway Patrol, the North Carolina Center for Missing Persons, the Federal Emergency Management Agency, and any other federal, State, or local agencies the Department of Transportation determines may be of assistance to develop a public notification plan for the purpose of using changeable message signs to display Page 14 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 notifications to the traveling public related to public safety and emergencies.
(a) The Department of Transportation shall work together with owners of changeable message signs, the North Carolina Division of Emergency Management, the Department of Public Safety, the Secretary of State, the State Highway Patrol, the North Carolina Center for Missing Persons, the Federal Emergency Management Agency, and any other federal, State, or local agencies the Department of Transportation determines may be of assistance to develop a public notification plan for the purpose of using changeable message signs to display notifications to the traveling public related to public safety and emergencies.
(2) The procedures used to determine the expiration of a notification and to recall the request once the information is no longer needed." SECTION 19.(b) This section becomes effective October 1, 2017.
House Bill 581-First Edition Page 9 General Assembly Of North Carolina Session 2017 (2) The procedures used to determine the expiration of a notification and to recall the request once the information is no longer needed." SECTION 14.
SECTION 20.
87-1(b) is amended by adding a new subdivision to read:
87-1 reads as rewritten:
"(4) Any person engaged in the construction of outdoor advertising signs subject to Article 11 of Chapter 136 of the General Statutes." SECTION 21.(a) G.S.
"§ 87-1.
153A-143 reads as rewritten:
"General contractor" defined;
"§ 153A-143.
exceptions.
Regulation of outdoor advertising.
… (b) This section shall not apply to the following:
… (d) No county may enact or amend an ordinance of general applicability to cause or require the removal of any nonconforming, lawfully erected off-premises outdoor advertising sign without the payment of monetary compensation to the owners of the off-premises outdoor advertising, except as provided below.
… (3) Any person engaged in the business of farming who constructs or alters a building on land owned by that person and used in the business of farming, when the building is intended for use by that person after completion.
The payment of monetary compensation is not required if:
(4) Any person engaged in the construction of outdoor advertising signs subject to Article 11 of Chapter 136 of the General Statutes." SECTION 15.
(1) The county and the owner of the nonconforming off-premises outdoor advertising enter into a relocation agreement pursuant to subsection (g) of this section.
(2) The county and the owner of the nonconforming off-premises outdoor advertising enter into an agreement pursuant to subsection (k) of this section.
(3) The off-premises outdoor advertising is determined to be a public nuisance or detrimental to the health or safety of the populace.
(4) The removal is required for establishing, extending, enlarging, or improving any of the public enterprises listed in G.S.
153A-274, and the county allows the off-premises outdoor advertising to be relocated to a comparable location.
(5) The off-premises outdoor advertising is subject to removal pursuant to statutes, ordinances or regulations generally applicable to the demolition or removal of damaged structures.
(d1) No county may condition the grant of any development approval on the removal of off-premises outdoor advertising without the payment of monetary compensation as prescribed by this section.
For purposes of this section, the term "development approval" includes approval for rezoning, variances, building permits, zoning permits, and permits authorized by quasi-judicial proceedings.
(d2) Notwithstanding any provision of this section to the contrary, no county may enact, amend, or enforce an ordinance to prohibit the relocation and reconstruction of any off-premises outdoor advertising sign (i) pursuant to G.S.
136-131.3 or (ii) that meets the requirements set forth in subdivisions (1) through (3) of this subsection and the relocation was caused by a project authorized by law and undertaken by the State, a local government, or any other entity possessing the power of eminent domain.
Building materials different from the materials used to initially construct an off-premises outdoor advertising sign may be used to reconstruct the off-premises outdoor advertising sign at the site of relocation.
The right provided under this subsection to relocate off-premises outdoor advertising may be assigned or conveyed by the permittee.
House Bill 581-Second Edition Page 15 General Assembly Of North Carolina Session 2017 (1) The new site for relocation shall be within the same county's zoning jurisdiction in an area zoned commercial or industrial or, if unzoned, within the same county's territorial jurisdiction in an unzoned commercial or industrial area.
(2) The cumulative advertising surface area for the off-premises outdoor advertising sign at the relocated site shall not be increased and no sign face shall exceed 672 square feet;
provided, however, the size of a sign face or faces of another off-premises outdoor advertising sign that is permanently taken down in the same county jurisdiction within 120 days of a sign being reconstructed may be combined to increase the cumulative advertising surface area of the reconstructed sign, not to exceed 672 square feet for any sign face.
(3) The height of the reconstructed off-premises outdoor advertising sign shall not exceed 50 feet, as measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility of the sign, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main-traveled way.
(e) Monetary compensation is the fair market value of the off-premises outdoor advertising in place immediately prior to its removal removal, including consideration of the value of (i) the off-premises outdoor advertising owner's interest in the real property on which the off-premises outdoor advertising is located, (ii) the off-premises outdoor advertising sign structure, and (iii) any rights, including permits, appurtenant to the off-premises outdoor advertising use, and without consideration of the effect of the ordinance or any diminution in value caused by the ordinance requiring its removal.
Monetary compensation shall be determined based on:in accordance with G.S.
136-131.
(1) The factors listed in G.S.
105-317.1(a);
and (2) The listed property tax value of the property and any documents regarding value submitted to the taxing authority.
(f) If the parties are unable to reach an agreement on monetary compensation to be paid by the county to the owner of the nonconforming off-premises outdoor advertising sign for its removal, and the county elects to proceed with the removal, the county may bring an action in superior court for a determination of the monetary compensation to be paid.
In determining monetary compensation, the court shall consider the factors set forth in subsection (e) of this section.
Upon payment of monetary compensation for the sign, the county shall own the sign.
… (m) This section does not apply to any ordinance in effect on the effective date of this section.
A county may repeal or amend an ordinance in effect on the effective date of this section so long as an amendment to the existing ordinance does not reduce the period of amortization in effect on the effective date of this section.
(n) The Except as specifically provided otherwise in this section, the provisions of this section shall not be used to interpret, construe, alter, or otherwise modify (i) the exercise of the power of eminent domain by an entity pursuant to Chapter 40A or Chapter 136 of the General Statutes.Statutes or (ii) the rights of off-premises outdoor advertising set forth in Article 11 of Chapter 136 of the General Statutes.
The standards set forth in G.S.
136-131 shall apply to any county that causes the removal of off-premises outdoor advertising through exercise of its power of eminent domain.
…." SECTION 21.(b) G.S.
153A-143(d2), as enacted by this section, is effective when it becomes law and applies to off-premises outdoor advertising signs removed on or after January 1, 2014.
G.S.
153A-143(e), as amended by this section, is effective when it becomes law and applies to determinations of just compensation on or after that date.
The remainder of Page 16 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 this section is effective when it becomes law and applies to off-premises outdoor advertising that has not been removed as of that date.
SECTION 22.(a) G.S.
160A-199 reads as rewritten:
"§ 160A-199.
Regulation of outdoor advertising.
… (d) No city may enact or amend an ordinance of general applicability to cause or require the removal of any nonconforming, lawfully erected off-premises outdoor advertising sign without the payment of monetary compensation to the owners of the off-premises outdoor advertising, except as provided below.
The payment of monetary compensation is not required if:
(1) The city and the owner of the nonconforming off-premises outdoor advertising enter into a relocation agreement pursuant to subsection (g) of this section.
(2) The city and the owner of the nonconforming off-premises outdoor advertising enter into an agreement pursuant to subsection (k) of this section.
(3) The off-premises outdoor advertising is determined to be a public nuisance or detrimental to the health or safety of the populace.
(4) The removal is required for opening, widening, extending or improving streets or sidewalks, or for establishing, extending, enlarging, or improving any of the public enterprises listed in G.S.
160A-311, and the city allows the off-premises outdoor advertising to be relocated to a comparable location.
(5) The off-premises outdoor advertising is subject to removal pursuant to statutes, ordinances, or regulations generally applicable to the demolition or removal of damaged structures.
(d1) No city may condition the grant of any development approval on the removal of off-premises outdoor advertising without the payment of monetary compensation as prescribed by this section.
For purposes of this section, the term "development approval" includes approval for rezoning, variances, building permits, zoning permits, and permits authorized by quasi-judicial proceedings.
(d2) Notwithstanding any provision of this section to the contrary, no city may enact, amend, or enforce an ordinance to prohibit the relocation of any off-premises outdoor advertising sign (i) pursuant to G.S.
136-131.3 or (ii) that meets the requirements set forth in subdivisions (1) through (3) of this subsection and the relocation was caused by a project authorized by law and undertaken by the State, a local government, or any other entity possessing the power of eminent domain.
Building materials different from the materials used to initially construct an off-premises outdoor advertising sign may be used to reconstruct the off-premises outdoor advertising sign at the site of relocation.
The right provided under this subsection to relocate off-premises outdoor advertising may be assigned or conveyed by the permittee.
(1) The new site for relocation shall be within the same city's zoning jurisdiction in an area zoned commercial or industrial or, if unzoned, within the same city's corporate limits in an unzoned commercial or industrial area.
(2) The cumulative advertising surface area for the off-premises outdoor advertising sign at the relocated site shall not be increased and no sign face shall exceed 672 square feet;
provided, however, the size of a sign face or faces of another off-premises outdoor advertising sign that is permanently taken down in the same city jurisdiction within 120 days of a sign being reconstructed may be combined to increase the cumulative advertising surface area of the reconstructed sign, not to exceed 672 square feet for any sign face.
House Bill 581-Second Edition Page 17 General Assembly Of North Carolina Session 2017 (3) The height of the reconstructed off-premises outdoor advertising sign shall not exceed 50 feet, as measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility of the sign, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main-traveled way.
(e) Monetary compensation is the fair market value of the off-premises outdoor advertising in place immediately prior to its removal removal, including consideration of the value of (i) the off-premises outdoor advertising owner's interest in the real property on which the off-premises outdoor advertising is located, (ii) the off-premises outdoor advertising sign structure, and (iii) any rights, including permits, appurtenant to the off-premises outdoor advertising use, and without consideration of the effect of the ordinance or any diminution in value caused by the ordinance requiring its removal.
Monetary compensation shall be determined based on:in accordance with G.S.
136-131.
(1) The factors listed in G.S.
105-317.1(a);
and (2) The listed property tax value of the property and any documents regarding value submitted to the taxing authority.
… (m) This section does not apply to any ordinance in effect on the effective date of this section.
A city may amend an ordinance in effect on the effective date of this section to extend application of the ordinance to off-premises outdoor advertising located in territory acquired by annexation or located in the extraterritorial jurisdiction of the city.
A city may repeal or amend an ordinance in effect on the effective date of this section so long as the amendment to the existing ordinance does not reduce the period of amortization in effect on the effective date of this section.
(n) The Except as specifically provided otherwise in this section, the provisions of this section shall not be used to interpret, construe, alter or otherwise modify (i) the exercise of the power of eminent domain by an entity pursuant to Chapter 40A or Chapter 136 of the General Statutes.Statutes or (ii) the rights of off-premises outdoor advertising set forth in Article 11 of Chapter 136 of the General Statutes.
The standards set forth in G.S.
136-131 shall apply to any city that causes the removal of off-premises outdoor advertising through exercise of its power of eminent domain.
…." SECTION 22.(b) G.S.
160A-199(d2), as enacted by this section, is effective when it becomes law and applies to off-premises outdoor advertising signs removed on or after January 1, 2014.
G.S.
160A-199(e), as amended by this section, is effective when it becomes law and applies to determinations of just compensation on or after that date.
The remainder of this section is effective when it becomes law and applies to off-premises outdoor advertising that has not been removed as of that date.
SECTION 23.
Page 18 House Bill 581-Second Edition General Assembly Of North Carolina Session 2017 (3) Accept written comments on the proposed rule for at least 15 business days prior to adoption of the rule.
(3) Accept written comments on the proposed rule for at least 15 business days prior to adoption of the rule.
SECTION 24.
SECTION 16.
SECTION 25.
SECTION 17.
SECTION 26.
SECTION 18.
Except as otherwise provided, this act is effective when it becomes law.
Section 13 of this act becomes effective October 1, 2017.
House Bill 581-Second Edition Page 19
Section 7 of this act is effective when it becomes law and applies to repairs, maintenance, alterations, and reconstructions on or after that date.
G.S.
136-133(a), as amended by Section 8 of this act, is effective when it becomes law and applies to appeals filed on or after that date.
G.S.
136-133(a1), as enacted by Section 8 of this act, is effective when it becomes law and applies to permits issued on or after that date.
Section 9 of this act is effective when it becomes law and applies to applications received on or after that date.
Section 10 of this act is effective when it becomes law and applies to revocations and cancellations on or after that date.
Section 11 of this act is effective when it becomes law and applies to revisions made on or after that date.
The remainder of this act is effective when it becomes law.
Page 10 House Bill 581-First Edition
⬇ Download PDF
View plain text versions (7)

Action History

  1. Amend Adopted A1

  2. Amend Failed A2

  3. Amend Failed A3

  4. Amend Adopted A4

  5. Amend Adopted A5

  6. Amend Failed A6

  7. Failed 2nd Reading

  8. Withdrawn From Com

  9. Cal Pursuant Rule 36(b)

  10. Placed On Cal For 06/26/2017

  11. Withdrawn From Cal

  12. Ref To Com On Rules, Calendar, and Operations of the House

  13. Reptd Fav Com Sub 2

  14. Cal Pursuant Rule 36(b)

  15. Withdrawn From Com

  16. Re-ref Com On Regulatory Reform

  17. Withdrawn From Cal

  18. Re-ref Com On Rules, Calendar, and Operations of the House

  19. Withdrawn From Com

  20. Cal Pursuant Rule 36(b)

  21. Placed On Cal For 06/07/2017

  22. Withdrawn From Cal

  23. Re-ref Com On Rules, Calendar, and Operations of the House

  24. Reptd Fav Com Substitute

  25. Cal Pursuant Rule 36(b)

  26. Withdrawn From Com

  27. Re-ref Com On Finance

  28. Passed 1st Reading

  29. Ref To Com On Rules, Calendar, and Operations of the House

  30. Filed

Sponsors

  • Yarborough · Cosponsor
  • Wray · Cosponsor
  • Szoka · Cosponsor
  • Steinburg · Cosponsor
  • Mitchell S. Setzer · Cosponsor
  • Saine · Primary
  • Dennis Riddell · Cosponsor
  • McElraft · Cosponsor
  • Lucas · Cosponsor
  • Lewis · Primary
  • Hardister · Cosponsor
  • Hanes · Cosponsor
  • Goodman · Primary
  • Malone · Cosponsor
  • Destin Hall · Cosponsor
  • IV John R. Bell · Cosponsor
  • Brenden H. Jones · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 14 co-sponsors · 162 not signed on · 39 voted No

Sponsors (3)

  • Saine
  • Lewis
  • Goodman

Co-sponsors (14)

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

A6 Turner, B. Second Reading

Failed 53 Yea · 61 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 304105
Democratic 13101
Republican 91900
U 1000
Total 536106
% of votes cast 44%51%0%5%
How each member voted (120)
Member Party Vote
Lucas — Yea
McElraft — Nay
Michaux — Yea
Millis — Nay
Steinburg — Nay
Szoka — Nay
Terry — Yea
Wray — Nay
Yarborough — Nay
Zachary — Nay
Autry — Yea
Beasley — Yea
Boles — Nay
Boswell — Nay
Burr — Nay
Conrad — Yea
Dobson — Nay
Dulin — Nay
Elmore — Nay
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Fraley — Nay
Garrison — Yea
Gill — Not Voting
G.Adcock — Yea
L.Bell — Yea
DuaneHall — Yea
C.Graham — Yea
G.Graham — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
W.Richardson — Yea
B.Turner — Yea
Johnson — Yea
J.Bell — Nay
BertJones — Nay
Brawley — Nay
DestinHall — Nay
Black — Yea
Bradford — Yea
Bumgardner — Nay
Cleveland — Nay
Collins — Nay
Dollar — Nay
Earle — Yea
Faircloth — Yea
Goodman — Nay
Grange — Yea
Hanes — Nay
Holley — Yea
Insko — Yea
McGrady — Yea
Murphy — Yea
K.Hall — Nay
Malone — Nay
S.Martin — Nay
Stone — Nay
R.Turner — Nay
T.Moore(Speaker) — Not Voting
B.Richardson — Not Voting
BrendenJones — Not Voting
Hardister — Nay
Henson — Nay
Horn — Nay
Hunter — Not Voting
Hurley — Nay
Jordan — Nay
Lewis — Nay
McNeill — Nay
Presnell — Nay
Rogers — Nay
Saine — Nay
Speciale — Nay
Williams — Nay
Amos L. Quick, III Democratic Not Voting
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Nay
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Nay
Dean Arp Republican Nay
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Nay
Harry Warren Republican Nay
Hugh Blackwell Republican Nay
Jay Adams Republican Yea
Jimmy Dixon Republican Nay
John A. Torbett Republican Nay
John M. Blust Republican Nay
John Sauls Republican Nay
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Nay
Kevin Corbin Republican Yea
Larry C. Strickland Republican Nay
Larry W. Potts Republican Nay
Mark Brody Republican Nay
Mike Clampitt Republican Nay
Mitchell S. Setzer Republican Nay
Phil Shepard Republican Nay
Sam Watford Republican Yea
Sarah Stevens Republican Nay
Stephen M. Ross Republican Nay
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Nay
Carla D. Cunningham U Yea

Official roll call →

Second Reading

Failed 48 Yea · 67 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 21201
Unaffiliated 314104
Republican 151300
U 0100
Total 486705
% of votes cast 40%56%0%4%
How each member voted (120)
Member Party Vote
Michaux — Nay
Millis — Yea
Terry — Nay
Williams — Yea
Autry — Nay
Burr — Yea
Conrad — Nay
Dobson — Nay
Earle — Nay
Faircloth — Nay
Farmer-Butterfield — Nay
Fisher — Nay
Floyd — Nay
Fraley — Nay
Garrison — Nay
Gill — Not Voting
Jordan — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
T.Moore(Speaker) — Yea
R.Turner — Yea
G.Adcock — Nay
L.Bell — Nay
DuaneHall — Nay
C.Graham — Nay
G.Graham — Nay
Beasley — Nay
Black — Nay
Boswell — Yea
Bumgardner — Yea
Collins — Yea
Dulin — Yea
Elmore — Yea
Goodman — Yea
Hanes — Yea
Hardister — Yea
Henson — Yea
Holley — Nay
Lewis — Yea
McElraft — Yea
Murphy — Yea
Presnell — Yea
Saine — Yea
Steinburg — Yea
Szoka — Yea
Wray — Yea
Yarborough — Yea
Jackson — Nay
G.Martin — Nay
R.Moore — Nay
W.Richardson — Nay
B.Turner — Nay
S.Martin — Nay
Stone — Nay
B.Richardson — Not Voting
BrendenJones — Not Voting
Boles — Nay
Bradford — Nay
Cleveland — Nay
Dollar — Nay
Grange — Nay
Horn — Nay
Hunter — Not Voting
Hurley — Nay
Insko — Nay
Lucas — Nay
McGrady — Nay
McNeill — Nay
Rogers — Nay
Speciale — Nay
Zachary — Nay
Amos L. Quick, III Democratic Not Voting
Becky Carney Democratic Nay
Cecil Brockman Democratic Nay
Cynthia Ball Democratic Nay
Dante Pittman Democratic Yea
Deb Butler Democratic Nay
Eric Ager Democratic Nay
Garland E. Pierce Democratic Nay
Graig Meyer Democratic Nay
Joe John Democratic Nay
Marcia Morey Democratic Nay
Mary Belk Democratic Nay
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Nay
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Nay
Donny Lambeth Republican Nay
Frank Iler Republican Yea
Harry Warren Republican Nay
Hugh Blackwell Republican Nay
Jay Adams Republican Nay
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Nay
John Sauls Republican Yea
Julia C. Howard Republican Nay
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Nay
Larry C. Strickland Republican Nay
Larry W. Potts Republican Nay
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Nay
Ted Davis, Jr. Republican Nay
W. Ted Alexander Republican Nay
William D. Brisson Republican Yea
Carla D. Cunningham U Nay

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 581?
HB 581 is sponsored by Yarborough, Wray, Szoka, Steinburg, Mitchell S. Setzer (Republican), Saine, Dennis Riddell (Republican), McElraft, Lucas, Lewis, Hardister, Hanes, Goodman, Malone, Destin Hall (Republican), John R. Bell, IV (Republican), and Brenden H. Jones (Republican).
What is the current status of HB 581?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 581?
Track HB 581 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 581

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 581

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →