Trans 201.05 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. intro. and (1) (g) 2., Register, October, 1976, No. 250, eff. 11-1-76; am. (intro.), (2) (c) 2. and (d) 4., Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.03 and am. intro. and (2) (d) 1., Register, July, 1980, No. 295, eff. 8-1-80; correction in (2) (b) made under s. 13.93 (2m) (b) 1., Stats., Register, April, 2001, No. 544. Trans 201.06(1)(1) Signs visible from the main-traveled way of a controlled highway shall conform to the requirements of s. 84.30 (4), Stats., and to these rules. On non-freeway federal-aid primary highways outside of cities and villages, no sign may be adjacent to or within 300 feet of an interchange, intersection at grade, safety rest area, or wayside. Said 300 feet shall be measured along the highway from the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way of the primary highway. Trans 201.06(2)(2) In addition to the spacing criteria of s. 84.30 (4) (c), Stats., s. Trans 201.05 (2) (d), and sub. (1), a permit may not be issued for an otherwise eligible sign location if the erection of a sign at that location would obstruct motorists’ view of another lawfully erected sign. Trans 201.06 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from Hy 19.04 and am. Register, July, 1980, No. 295, eff. 8-1-80; cr. (2), Register, July, 1983, No. 331, eff. 8-1-83. Trans 201.07(1)(1) Requests may be submitted to the department for permits to erect or maintain specific signs at defined locations in a manner to be visible from a travel lane of a controlled highway. A separate application shall be presented to describe each such sign proposed, shall be presented on forms furnished by the department, and shall include a $175 nonrefundable application fee and all information and exhibits which the application form requires. No permit fee may be required to amend or supplement a defective permit application for a particular location for which an application fee was paid, provided the amendment or supplemental materials are provided to the department within 60 days of denial of the permit application or a request for supplemental materials. Trans 201.07(2)(2) A new sign permit shall automatically expire one year after issuance if the sign permitted has not been erected and the permit holder has not received an extension from the department. The department may for good cause grant one 6-month extension of a new sign permit. Trans 201.07 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.07 and am., Register, July, 1980, No. 295, eff. 8-1-80; cr. (2), Register, July, 1983, No. 331, eff. 8-1-83; am. (1), cr. (3), Register, April, 2001, No. 544, eff. 5-1-01; correction in (3) (g) made under s. 13.93 (2m) (b) 7., Stats., Register February 2005 No. 590. Trans 201.075(1)(1) No person may maintain an off-premises sign that was erected after March 18, 1972, or erect an off-premises sign outside the adjacent area if a person with normal visual acuity traveling at the speed limit on that highway can do any of the following: Trans 201.075(1)(b)(b) See and recognize any trademarks, logos, or other symbols associated with a business or business product or service displayed on the sign. Trans 201.075(2)(2) No person may erect an off-premises sign outside the adjacent area for the purpose of being seen or read from the main traveled way of an interstate or primary highway or the Great River Road. Trans 201.075(3)(3) A sign outside the adjacent area that is changed in a manner that creates a violation of sub. (1) is subject to removal. Trans 201.075(4)(4) Notwithstanding sub. (1), any off-premises sign erected after March 18, 1972, and existing on May 1, 2001 may continue to exist and be maintained so long as the advertisement on the sign remains exactly the same. Any sign in this classification is subject to removal if the advertisement is changed and the sign does not comply with sub. (1). Trans 201.075 NoteNote: Signs are considered outside the adjacent area if they are more than 660 feet from the nearest edge of the right-of-way of the Great River Road, an interstate or a primary highway. s. 84.30 (2). Trans 201.075 HistoryHistory: Cr. Register, April, 2001, No. 544, eff. 5-1-01. Trans 201.08Trans 201.08 Changes in permitted signs. State permitted signs may be changed in size, lighting, shape, color scheme or copy subject to compliance with the following criteria: Trans 201.08(1)(1) No change shall result in signing which violates s. 84.30, Stats., or these rules. Any sign which is found to be in non-compliance will be required to be altered to conform, or removed, at the expense of the owner thereof. Trans 201.08(2)(2) Any proposal to change the location of any state permitted sign must be approved by the department in advance of the physical accomplishment of the change. To propose a change of this kind, the applicant shall submit a complete new permit application together with a request that the prior permit (identified by its number) be cancelled and superseded by the new application. Trans 201.08(3)(a)(a) The department may permit directional signs to be changed on a seasonal basis to identify alternate attractions or activities. If all of the attractions or activities are listed on the initial permit application, only a single permit fee shall be charged. If additional attractions or activities are listed on a later application, an additional permit fee shall be charged under s. Trans 201.07. Trans 201.08(3)(b)(b) Approval of the department is required in advance of any message change on a directional sign that involves a different attraction or activity than originally approved. Message change applications under this paragraph are subject to the permit fees set by s. Trans 201.07. Trans 201.08 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. (1), Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.08 and am., Register, July, 1980, No. 295, eff. 8-1-80; cr. (3), Register, July, 1983, No. 331, eff. 8-1-83; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544. Trans 201.09Trans 201.09 Removal of illegal signs. Any sign erected after October 1, 1972, without a permit having been granted therefor, and any nonconforming sign which subsequently violates s. 84.30, Stats., or these rules, shall be subject to removal as an illegal sign. Upon removal of an illegal sign, the owner of the sign shall be given 30 days in which to salvage the sign upon payment of actual reasonable costs incurred in removing the sign. If not salvaged, the sign may be disposed of as the department deems appropriate. Trans 201.09 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; r. and recr. Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.09 and am., Register, July, 1980, No. 295, eff. 8-1-80. Trans 201.10(1)(1) Nonconforming signs, as defined by s. 84.30 (5), Stats., shall be eliminated in accordance with s. 84.30, Stats., and these rules. Compensation for removal of a nonconforming sign shall be paid in accordance with s. 84.30 (6) to (8), Stats., provided the sign has complied with the conditions in sub. (2). Trans 201.10(2)(2) In order to lawfully maintain and continue a nonconforming sign, or a grandfathered sign under s. 84.30 (3) (d), Stats., the following conditions apply: Trans 201.10(2)(a)(a) The sign must have been actually in existence at the time the applicable state law became effective, except where a permit for the construction of a sign was granted by the state prior to the effective date of the state law and the sign owner acted in good faith and expended sums in reliance thereon. This exception shall not apply in instances where large numbers of permits were applied for and issued to a single sign owner, obviously in anticipation of the passage of a state control law. Trans 201.10(2)(b)(b) There must be existing property rights in the sign affected by the state law. Trans 201.10(2)(c)(c) The sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed. A nonconforming sign removed as a result of a right-of-way taking or for any other reason may be relocated to a conforming area but cannot be re-established at a new location as a nonconforming use. Trans 201.10(2)(d)(d) The sign must have been lawful on the effective date of the state law and must continue to be lawfully maintained. Trans 201.10(2)(e)(e) The sign must remain substantially the same as it was on the effective date of the state law, and may not be enlarged. Reasonable repair and maintenance of the sign, including a change of advertising message, is not a change which would terminate nonconforming rights. Customary maintenance ceases and a substantial change occurs if repairs or maintenance, excluding message changes, on a sign exceeds 50% of the replacement costs of the sign. Trans 201.10(2)(f)(f) The sign may continue as long as it is not destroyed, abandoned or discontinued. A sign shall be considered destroyed if it is damaged in excess of 50% of its replacement cost. Any sign destroyed by criminal or tortious acts may be replaced upon a showing by the sign owner that the sign was so destroyed and upon written approval from the region office. Applications for replacement signs shall be submitted to the region office. If the region office fails to send notice of its decision within 10 days after it receives an application, the sign owner may assume that replacement has been approved. As an alternative to replacement, the region office and sign owner may negotiate for the acquisition of the sign which was so destroyed. Approvals of replacements shall contain such terms and conditions as are necessary to ensure that the replacement sign is essentially the same as the sign destroyed. A sign is abandoned or discontinued if for a period of 12 months or longer it is composed of obsolete advertising matter or is without advertising matter or is in need of substantial repair, provided that any period of involuntary discontinuance which occurs during the period a highway is closed shall not be considered. A sign is abandoned if the name of the owner does not appear thereon and if the name and address of the current owner are not readily ascertainable from records on file with the department. Trans 201.10(3)(3) Since the provisions of sub. (2) reflect the law of this state with respect to the treatment of nonconforming uses and the derivative policy of the department with respect to nonconforming signs, the adoption of sub. (2) shall not be construed to affect the applicability or validity of such state law or derivative policy prior to the adoption of sub. (2). Trans 201.10 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; r and recr. Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.10 and am. (1), (2) (intro.) and (f), Register, July, 1980, No. 295, eff. 8-1-80; am. (2) (intro.), Register, April, 2001, No. 544, eff. 5-1-01; correction in (2) (f) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686. Trans 201.11Trans 201.11 Access to permitted signs. No person shall gain access to any permitted sign from the travel lane, interchange ramp, or right of way of any interstate highway or freeway on the federal-aid primary system. Trans 201.11 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from Hy 19.11, Register, July, 1980, No. 295, eff. 8-1-80. Trans 201.12Trans 201.12 Signs on federal-aid urban system exempted. Signs which are along and visible from highways which are on the specific system designated as the “federal-aid urban system” are exempted provided such signs are not also visible from a controlled highway not on the“federal-aid urban system.” Trans 201.12 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.12, Register, July, 1980, No. 295, eff. 8-1-80. Trans 201.14(1)(a)(a) “Nontourist-oriented directional advertising sign” means any sign which is not covered by the definition in par. (b) or (c). Trans 201.14(1)(b)(b) “Tourist-oriented directional advertising sign” means any sign giving directional information related to any of the following types of businesses or activities: Trans 201.14(1)(b)3.3. Places where automotive fuel or emergency automotive repair services are regularly available to the public. Trans 201.14(1)(b)6.6. Public or private recreation areas, including campgrounds, wildlife and waterfowl refuges, and nature trails. Trans 201.14(2)(a)(a) Nonconforming signs shall be removed or relocated in the order listed below: Trans 201.14(2)(a)1.1. First, signs advertising products of general availability in commercial channels. Trans 201.14(2)(b)(b) The priority system shall be implemented on a region-by-region basis. The department shall coordinate the priority system program to accomplish an equitable statewide progression from one priority category to the next; provided that signs in par. (a) 3. may not be removed or relocated until all signs in par. (a) 1. and 2. are removed or relocated. Trans 201.14(3)(a)(a) The priority system applies only to nonconforming signs. Top priority shall continue to be given to the removal of illegal and abandoned signs. Trans 201.14(3)(b)(b) Signs may be acquired regardless of priority category in hardship and other cases where acquisition of the signs is voluntarily negotiated between the sign owner and the department. Trans 201.14(3)(c)(c) The priority system does not apply to sign removals necessitated by a highway improvement project. Trans 201.14(3)(d)(d) The priority system does not apply to signs removed in accordance with a scenic easement or preservation project. Trans 201.14(3)(e)(e) If the removal or relocation of a sign is delayed because of a pending lawsuit or contested case under ch. 227, Stats., that sign shall not be considered in determining whether the removal or relocation of signs in a priority category has been completed. Trans 201.14(4)(a)(a) The department shall make reports to the appropriate standing committees of the legislature at the completion of each priority category and before progressing from one priority category to the next, as provided in sub. (2) (b). Trans 201.14(4)(b)(b) The department shall make reports to the appropriate standing committees of the legislature on June 1 and November 1 of each year until all signs have been removed under s. 84.30, Stats. Trans 201.14(5)(5) General provisions. The advertising message on signs may be changed so as to move a sign from one priority category to another; however, once an acquisition order for a sign project is approved by the department, signs covered by the order will be removed regardless of changes made in the advertising message after the acquisition order is approved. Trans 201.14 HistoryHistory: Cr. Register, January, 1977, No. 253, eff. 2-1-77; renum. from Hy 19.25 and am. (1) (a) and (b) (intro.), (2) (a) 2. and 3., (2) (b), (3) (b) and (e), (4) and (5), Register, July, 1980, No. 295, eff. 8-1-80; cr. (3) (f), Register, August, 1980, No. 296, eff. 9-1-80; correction in (2) (b) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686. Trans 201.15(1)(1) Purpose. The purpose of this section is to set standards for the use of signs whose messages may be changed by electronic process in accordance with 23 USC 131 (c) (3) and (j), and ss. 84.30 (3) (c) and (4) (b), Stats. Trans 201.15(2)(b)(b) “Message” means anything displayed on a sign, including copy, art animations and graphics.
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