HCS/SB 130 - This act modifies various provisions relating to the regulation of billboards. Under this act, when a legally erected billboard exists on a parcel of property, a local zoning authority shall not adopt or enforce any ordinance, order, rule, regulation or practice that eliminates the ability of a property owner to build or develop property or erect an on-premise sign solely because a legally erected billboard exists on the property (section 226.527). This provision is contained in SCS/SB 129 (2007).
Under this act, the Highways and Transportation Commission is authorized to void billboard permits without paying compensation under the following conditions:
(1) When there has been any misrepresentation of a material fact by the applicant on a permit application and the sign is removed under law;
(2) When the commission determines that a change has been made to a conforming sign by the sign owner and the sign has been removed under law; or
(3) When the commission determines that a substantial change has been made to a noncomforming sign by the sign owner such that the sign's nonconforming status was terminated and the sign was removed under the commission's administrative rules for maintenance of nonconforming signs.
The commission may also void any permit when the commission determines that such permit has been erroneously issued by Department of Transportation staff in violation of any state law or administrative rule. The billboard shall be subject to removal and compensation shall be paid pursuant to law.
This act is similar to SB 1064 (2006).
STEPHEN WITTE