AB421,1,10 1An Act to repeal 59.70 (22), 60.23 (29), 84.30 (4) (bm), 84.30 (5) (br) and 84.305;
2to renumber and amend 84.30 (10m) and 84.30 (14); to amend 84.30 (1),
384.30 (2) (a), 84.30 (2) (j), 84.30 (3) (intro.), 84.30 (3) (c) 2., 84.30 (3) (e), 84.30
4(3) (h), 84.30 (4) (intro.), 84.30 (4) (b) 1., 84.30 (4) (b) 2., 84.30 (4) (c) 1., 84.30 (4)
5(c) 2., 84.30 (4) (c) 3., 84.30 (5) (bm), 84.30 (10) (a), 227.43 (1) (bg) and 289.33
6(3) (d); to repeal and recreate 84.30 (10m) (title); and to create 20.395 (9)
7(aq), 20.932, 41.17 (4) (dm), 66.0430, 84.30 (2) (dg), 84.30 (2) (im), 84.30 (2) (jm),
884.30 (3) (gm), 84.30 (4m), 84.30 (9g), 84.30 (9r), 84.30 (10m) (b), 84.30 (10s) and
984.30 (14) (c) of the statutes; relating to: outdoor advertising signs, granting
10rule-making authority, and making an appropriation.

This bill alters numerous provisions relating to the regulation of outdoor
advertising signs along highways.

The federal Highway Beautification Act requires states to restrict advertising
along interstate and federal-aid primary (primary) highways, and current state law
incorporates these requirements. Current law prohibits, with certain exceptions,

the erection or maintenance of outdoor advertising signs within 660 feet of, or beyond
660 feet but visible (and erected for the purpose of being visible) from, the
main-traveled way of an interstate or primary highway. The exceptions to this
prohibition include, with some restrictions:

1. Directional and other official signs, including signs relating to natural
wonders and scenic and historical attractions.

3. Signs advertising the sale or lease of property on which the signs are located.

4. On-premises signs, which are signs advertising activities conducted on the
property where the signs are located.

5. Signs located beyond 660 feet of the highway in urban areas.

6. Signs located within 660 feet of the highway in areas zoned for business,
industrial, or commercial activities, or in unzoned areas used for commercial or
industrial activities, that were in existence on March 18, 1972.

7. Signs located within 660 feet of the highway in areas zoned for business,
industrial, or commercial activities, or in unzoned areas used for commercial or
industrial activities, that were erected after March 18, 1972. These signs must
comply with certain size, lighting, and spacing requirements. If, however, a county
or local zoning authority has made a determination of customary use regarding size,
lighting, and spacing, that determination may be accepted in lieu of the statutory
requirements.

8. Certain signs erected on farm buildings.

The bill freezes, as of the effective date of the bill, the application of the
exception to off-premises business area signs, thereby prohibiting the erection of
signs under that exception after the bill's effective date. Signs erected under this
exception prior to the bill's effective date may continue to be maintained and to vary
their advertising and informative displays.

The bill extends the provisions governing outdoor advertising signs along
interstate and primary highways to all state trunk highways and scenic byways.

Under the bill, a determination of customary use by a county or local zoning
authority does not affect the applicability of statutory size, lighting, or spacing
requirements.

Under current law, the Department of Transportation generally may remove
signs that do not conform to applicable requirements but, for each sign removed,
must pay just compensation to the owner of the sign and to the owner of the land on
which the sign is located. For on-property signs, if the on-property sign was lawful
when it was erected but later does not comply with the applicable requirements for
on-property signs, DOT must declare the sign to be nonconforming but may not
remove the sign unless additional criteria are met. These signs are not subject to
removal for changing the advertising message on the sign or performing customary
maintenance on the sign, but are subject to removal, without compensation, if the
sign is enlarged, replaced, or relocated or if additional signs are erected. For signs
lawfully erected after March 18, 1972, which subsequently become nonconforming,
DOT must require removal of the signs, with compensation, by the end of the fifth

year after they become nonconforming, but only if there are sufficient funds available
to DOT to pay just compensation for the sign removal.

Additionally, under current law as enacted in 2017 Wisconsin Act 320, business
area signs, directional signs, and signs outside the adjacent area (together referred
to as off-property signs) that were lawfully erected but that no longer conform to
applicable requirements must be declared nonconforming but are not subject to
removal unless additional criteria are met. These nonconforming off-property signs
are not subject to removal for changing the advertising message on the sign or
performing customary maintenance on the sign. These signs must remain
substantially the same as they were on the date they became nonconforming in order
to be exempt from removal by DOT. “Substantially the same" is defined to mean that,
since the sign became nonconforming, no “substantial change" to the sign has been
made. “Substantial change" to a sign is defined to mean any of the following:
increasing the number of upright supports; changing the physical location;
increasing the square footage or area of the sign face; adding changeable message
capability; or adding illumination to a sign that was previously not illuminated. In
general, a nonconforming off-property sign is subject to removal, without
compensation, if a substantial change is made to the sign and notice is provided to
the sign owner.

The bill repeals the provisions of 2017 Wisconsin Act 320.

Also under the bill, “customary maintenance" is defined to mean 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 specifically 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. Also
under this bill, the owner of a nonconforming on-property sign must maintain a
record of all work performed on the sign, including a photograph of each item of work
performed, and provide a report to DOT of the work performed.