AB421: Bill Text

AB421,5 Section 5. 60.23 (29) of the statutes is repealed.

AB421,6 Section 6. 66.0430 of the statutes is created to read:

AB421,6,7 66.0430 Regulation of billboards. (1) In this section, “political subdivision" means a city, village, town, or county.

AB421,6,12 (2) A political subdivision may enact an ordinance that regulates the construction and maintenance of billboards and other similar structures on premises abutting on highways in the political subdivision that are maintained by the political subdivision. An ordinance under this section shall promote aesthetic values and public safety on the highways.

AB421,7 Section 7. 84.30 (1) of the statutes is amended to read:

AB421,6,23 84.30 (1) Legislative findings and purpose. To promote the safety, convenience and enjoyment of public travel, to preserve the natural beauty of Wisconsin, to aid in the free flow of interstate commerce, to protect the public investment in highways, and to conform to the expressed intent of congress to control the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the national system of interstate and defense highways, it is hereby declared to be necessary in the public interest to control the erection and maintenance of billboards and other outdoor advertising devices adjacent to said system of interstate and, federal-aid primary, and state trunk highways and, the Great River Road, and scenic byways.

AB421,8 Section 8. 84.30 (2) (a) of the statutes is amended to read:

AB421,7,5 84.30 (2) (a) “Adjacent area" means an area which is adjacent to and within 660 feet of the nearest edge of the right-of-way of any interstate or, primary, or state trunk highway or, the Great River Road, or a scenic byway, which 660 feet distance shall be measured horizontally along a line normal or perpendicular to the center line of the highway.

AB421,9 Section 9. 84.30 (2) (dg) of the statutes is created to read:

AB421,7,14 84.30 (2) (dg) “Customary maintenance" means any of the following and similar activities when performed to maintain a sign in substantially the same form as when the sign became nonconforming: preparing surfaces for painting; repairing or replacing fasteners such as nails, screws, or bolts; replacing lighting components and associated fixtures; or fastening broken pieces of a sign back together with glue or fasteners. “Customary maintenance" does not include using different materials for any replacement or adding any structural elements such as posts, poles, braces or guy wires, crossbeams, or sign faces.

AB421,10 Section 10 . 84.30 (2) (im) of the statutes is created to read:

AB421,7,17 84.30 (2) (im) “Scenic byway" means a highway designated by the department as a scenic byway under s. 84.106.

AB421,11 Section 11. 84.30 (2) (j) of the statutes is amended to read:

AB421,7,24 84.30 (2) (j) “Sign" means any outdoor advertising sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard, or other thing, which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of any portion of an interstate highway or, primary highway, or state trunk highway or scenic byway.

AB421,12 Section 12. 84.30 (2) (jm) of the statutes is created to read:

AB421,8,2 84.30 (2) (jm) “State trunk highway" has the meaning given in s. 340.01 (60), except that it includes connecting highways.

AB421,13 Section 13. 84.30 (3) (intro.) of the statutes is amended to read:

AB421,8,6 84.30 (3) Signs prohibited. (intro.) No sign visible from the main-traveled way of any interstate or, federal-aid , or state trunk highway or scenic byway may be erected or maintained, except the following:

AB421,14 Section 14. 84.30 (3) (c) 2. of the statutes is amended to read:

AB421,8,13 84.30 (3) (c) 2. Signs that are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or, federal-aid primary, or state trunk highway or scenic byway and that are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or that otherwise interfere with any driver's operation of a motor vehicle, are prohibited.

AB421,15 Section 15. 84.30 (3) (e) of the statutes is amended to read:

AB421,8,17 84.30 (3) (e) Signs to be erected in business areas subsequent to March 18, 1972 which when erected will, but before the effective date of this paragraph .... [LRB inserts date], that comply with sub. (4).

AB421,16 Section 16 . 84.30 (3) (gm) of the statutes is created to read:

AB421,8,21 84.30 (3) (gm) Signs that were lawfully in existence on the effective date of this paragraph .... [LRB inserts date], and that conform to the requirements of s. 84.30, 2017 stats.

AB421,17 Section 17. 84.30 (3) (h) of the statutes is amended to read:

AB421,8,25 84.30 (3) (h) Signs outside the adjacent area which are not erected with the purpose of their message being read from the main-traveled way of an interstate or, primary, or state trunk highway or scenic byway.

AB421,18 Section 18. 84.30 (4) (intro.) of the statutes is amended to read:

AB421,9,10 84.30 (4) Sign criteria. (intro.) The department shall effectively control or cause to be controlled, the erection and maintenance of outdoor advertising signs, displays, and devices that are erected subsequent to March 18, 1972, but before the effective date of this subsection .... [LRB inserts date], in all business areas. Whenever a bona fide county or local zoning authority has made a determination of customary use, as to size, lighting and spacing such determination may be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such authority. In all other business areas, the criteria set forth below shall apply:

AB421,19 Section 19. 84.30 (4) (b) 1. of the statutes is amended to read:

AB421,9,15 84.30 (4) (b) 1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those specified in par. (bm) and those giving public service information such as time, date, temperature, weather, or similar information.

AB421,20 Section 20. 84.30 (4) (b) 2. of the statutes is amended to read:

AB421,9,22 84.30 (4) (b) 2. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or, federal-aid primary, or state trunk highway or scenic byway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

AB421,21 Section 21. 84.30 (4) (bm) of the statutes is repealed.

AB421,22 Section 22. 84.30 (4) (c) 1. of the statutes is amended to read:

AB421,10,5 84.30 (4) (c) 1. On interstate and, federal-aid primary, and state trunk highways and scenic byways signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.

AB421,23 Section 23. 84.30 (4) (c) 2. of the statutes is amended to read:

AB421,10,13 84.30 (4) (c) 2. On interstate highways and, freeways on the federal-aid primary system, and freeways on a state trunk highway or scenic byway no 2 structures shall be spaced less than 500 feet apart. Outside of incorporated villages and cities, no structure may be located adjacent to or within 500 feet of an interchange, intersection at grade, or safety rest area. Said 500 feet shall be measured along the interstate or freeway from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.

AB421,24 Section 24. 84.30 (4) (c) 3. of the statutes is amended to read:

AB421,10,18 84.30 (4) (c) 3. On nonfreeway federal-aid primary and state trunk highways and scenic byways outside incorporated villages and cities, no 2 structures shall be spaced less than 300 feet apart. Within incorporated villages and cities, no 2 structures shall be spaced less than 100 feet apart.

AB421,25 Section 25. 84.30 (4m) of the statutes is created to read:

AB421,10,23 84.30 (4m) Illumination criteria. Notwithstanding sub. (4), no sign visible from the main-traveled way of any interstate, federal-aid, or state trunk highway or scenic byway may be illuminated unless the owner of the sign has received a permit under sub. (10m) (b).

AB421,26 Section 26. 84.30 (5) (bm) of the statutes is amended to read:

AB421,11,11 84.30 (5) (bm) Signs lawfully erected, but which do not conform to the requirements of sub. (3) (c), are declared nonconforming but are not subject to removal, except as otherwise provided in this paragraph. To allow such signs to exist, to perform customary maintenance thereon, or to change the advertising message thereof, does not constitute a violation of sub. (3), but to enlarge, replace, or relocate such signs, or to erect additional signs, shall constitute a violation subjecting the sign to removal without compensation, unless upon completion of such work all signs upon the property conform to the requirements of sub. (3). The owner of any sign declared nonconforming under this paragraph shall maintain a record of all work performed on the sign, including a photograph of each item of work performed, and provide a report to the department of the work performed.

AB421,27 Section 27. 84.30 (5) (br) of the statutes is repealed.

AB421,28 Section 28. 84.30 (9g) of the statutes is created to read:

AB421,11,16 84.30 (9g) Sign database. (a) The department shall develop and maintain a sign database containing information collected under sub. (9r) and all of the following information with respect to each sign:

AB421,11,17 1. The name and address of the owner.

AB421,11,18 2. The name and address of the installer.

AB421,11,19 3. The name and address of the owner of the parcel on which the sign is located.

AB421,11,21 4. The name and address of any occupant of the parcel on which the sign is located.

AB421,11,22 5. Zoning and land use status of the parcel on which the sign is located.

AB421,11,24 6. If commercial or industrial activity occurs on the parcel on which the sign is located, a description of the activity.

AB421,11,25 7. Any other information required by the department.

AB421,12,3 (b) An owner of a sign shall provide all of the information required under par. (a) 1. to 7. to the department and shall update the information whenever the information in the database is no longer accurate.

AB421,29 Section 29. 84.30 (9r) of the statutes is created to read:

AB421,12,8 84.30 (9r) Biennial survey. (a) No later than 2 years after the effective date of this paragraph .... [LRB inserts date], and biennially thereafter, the department shall conduct a survey of all signs. The survey shall include all of the following for each sign:

AB421,12,9 1. A photograph of each side.

AB421,12,10 2. Approximate measurement of the length and height.

AB421,12,11 3. An assessment of the sign's structural type.

AB421,12,13 4. Approximate measurement of the distance from the sign to the center line of the adjacent highway and to the nearest sign.

AB421,12,16 (b) If the department learns at a time other than during a biennial survey of a sign that information under par. (a) has changed, the department may update the record for the sign.

AB421,12,19 (c) Notwithstanding par. (a), if the department determines that there is no reasonable likelihood that information under par. (a) has changed, the department may determine not to survey a sign during a biennial survey.

AB421,30 Section 30. 84.30 (10) (a) of the statutes is amended to read:

AB421,13,2 84.30 (10) (a) On or after January 1, 1972, no person shall engage or continue to engage in the business of outdoor advertising in areas subject to this section without first obtaining a license therefor from the department. The department shall establish by rule the fee for the issuance or renewal of a license or for the renewal thereof shall be $250 payable in advance. Each license shall remain in force until the next succeeding December 31 and may be renewed annually.

AB421,31 Section 31. 84.30 (10m) (title) of the statutes is repealed and recreated to read:

AB421,13,4 84.30 (10m) (title) Permit requirements.

AB421,32 Section 32. 84.30 (10m) of the statutes is renumbered 84.30 (10m) (a) and amended to read:

AB421,13,13 84.30 (10m) (a) The department may shall promulgate a rule requiring persons specified in the rule to pay annual permit fees for signs. The rule shall specify that no permit fee may be charged for an off-premises advertising sign that is owned by a nonprofit organization. If the department establishes an annual permit fee under this subsection, failure Failure to pay the a fee within 2 months after the date on which payment is due is evidence that the sign has been abandoned for the purposes of s. Trans 201.10 (2) (f), Wis. Adm. Code.

AB421,33 Section 33. 84.30 (10m) (b) of the statutes is created to read:

AB421,13,19 84.30 (10m) (b) Upon application, the department shall issue a permit to a sign owner for the illumination of a sign visible from the main-traveled way of an interstate, federal-aid, or state trunk highway or scenic byway if the illumination of the sign complies with sub. (4) and rules promulgated by the department under sub. (14) (c).

AB421,34 Section 34. 84.30 (10s) of the statutes is created to read:

AB421,13,23 84.30 (10s) Determination of fees. The department shall set the fees under subs. (10) (a) and (10m) (a) so as to recover the department's approximate cost of administering s. 84.30.

AB421,35 Section 35. 84.30 (14) of the statutes is renumbered 84.30 (14) (a) and amended to read:

AB421,14,2 84.30 (14) (a) The department may promulgate rules deemed necessary to implement and enforce this section.

AB421,14,5 (b) The department shall promulgate rules to restrict the erection and maintenance of signs as to their lighting, size, number, and spacing when such signs are visible from the highway but outside the adjacent area.

AB421,14,8 (d) The department shall by rule establish a priority system for the removal or relocation of all signs not specified in sub. (5) (d) which fail to conform to the requirements of sub. (5).

AB421,36 Section 36. 84.30 (14) (c) of the statutes is created to read:

AB421,14,11 84.30 (14) (c) The department shall promulgate rules establishing size, height, setback, brightness, and hours of operation standards for signs that are illuminated.

AB421,37 Section 37. 84.305 of the statutes is repealed.

AB421,38 Section 38. 227.43 (1) (bg) of the statutes is amended to read:

AB421,14,20 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.305, 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69, 348.105 (5) (h), and 348.25 (9).

AB421,39 Section 39 . 289.33 (3) (d) of the statutes is amended to read:

AB421,15,14 289.33 (3) (d) “Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB421,40 Section 40. Initial applicability.

AB421,15,17 (1) The treatment of s. 84.30 (2) (dg) and (5) (bm) first applies to work performed on a sign on the effective date of this subsection.

AB421,41 Section 41 . Effective dates. This act takes effect on the day after publication, except as follows:

AB421,15,22 (1) The treatment of ss. 20.395 (9) (aq) and 84.30 (10) (a) and (10s) and the renumbering and amendment of s. 84.30 (10m) take effect on the first day of the 13th month beginning after publication.

AB421,15,23 (End)