SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1998 SESSION

986963376
HOUSE BILL NO. 1208
Offered January 26, 1998
A BILL to amend and reenact §§ 33.1-361 and 33.1-362 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 33.1-360.1, relating to billboards.
----------

Patrons-- Murphy, Abbitt, Almand, Armstrong, Brink, Callahan, Clement, Crittenden, Darner, Day, Grayson, Guest, Jones, J.C., Moran, Plum, Robinson, Scott, Spruill, Van Landingham, Van Yahres, Wagner and Watts; Senators: Gartlan, Howell, Lucas, Reynolds, Ticer, Walker and Whipple
----------
Referred to Committee on Transportation
----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 33.1-361 and 33.1-362 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 33.1-360.1 as follows:

§ 33.1-360.1. Erection of certain structures prohibited; limitations on trimming or cutting of vegetation.

A. No new advertising structures, except as provided for in subdivisions (1) through (10) and (12) through (18) of § 33.1-355, shall be erected in the Commonwealth on or after July 1, 1998.

B. The selective trimming or cutting on any public highway right-of-way of vegetation obstructing motorists' views of outdoor advertising structures either on or off the public highway right-of-way is prohibited except such trimming or cutting as may be conducted by the Department. Trimming or cutting of such vegetation by the Department may only be conducted when the vegetation is diseased or is damaged by natural causes and endangers the health of other vegetation or human health.

§ 33.1-361. Applications for permits; fees.

A separate application for a permit shall be made for each separate advertisement or advertising structure, on a form furnished by the Commonwealth Transportation Commissioner, which application shall be signed by the applicant or his representative duly authorized in writing to act for him and shall describe and set forth the size, shape and the nature of the advertisement or advertising structure it is proposed to post, display, erect or maintain and its actual or proposed location with sufficient accuracy to enable the Commonwealth Transportation Commissioner to identify such advertisement or advertising structure and to find its actual or proposed location.

Each application shall be accompanied by an application fee in an amount determined as follows on the basis of by the Commonwealth Transportation Commissioner as sufficient to cover the costs of administration and enforcement of this article attributable on a pro rata basis to the subject of the application. Application fees shall be on a sliding scale based on the area of the advertisement or advertising structure for which the permit is sought, according to the following schedule. The minimum application fees shall be:

1. Three dollars if such area does not exceed thirty-two square feet;

2. Five dollars and fifty cents if such area exceeds thirty-two square feet but does not exceed seventy-four square feet;

3. Twenty dollars if such area exceeds seventy-four square feet but does not exceed 424 square feet;

4. Twenty-five dollars if such area exceeds 424 square feet but does not exceed 624 square feet; and

5. An additional fifteen dollars for each 200 square feet of such area in excess of 624 square feet except, within municipalities, the fifteen-dollar fee for each additional 200 square feet of such area in excess of 624 square feet shall not apply.

In the computation of fees under this section, each side of advertisement or advertising structure used or constructed to be used shall be separately considered.

The fee shall be retained by the Commonwealth Transportation Commissioner if the permit is issued. If the permit is refused, the Commonwealth Transportation Commissioner shall refund one-half the application fee to the applicant.

In addition to the above, on any original application for an advertisement or advertising structure there shall be imposed an inspection charge of fifty dollars for any advertisement or advertising structure to be located on an interstate, federal-aid primary, or national highway system highway and twenty-five dollars on any other highway. Inspection fees shall not be charged within municipalities for any such sign, advertisement, or advertising structure in existence on July 1, 1993.

Each application shall be accompanied by the written consent, or in lieu thereof a copy certified by an officer authorized to take acknowledgments to deeds in this Commonwealth, of the owner of the real property upon which such advertisement or advertising structure is to be erected, used, maintained, posted or displayed, or of such other person having the legal right to grant such consent, or of the duly authorized agent of such owner, or other person; provided, that in the marsh or meadowland owned by the Commonwealth along either side of the causeway leading from the mainland to the town of Chincoteague, the legal right to grant such consent shall be vested in the governing body of such town.

Application shall be made in like manner for a permit to use, maintain or display an existing advertisement or advertising structure.

§ 33.1-362. Duration and renewal of permit.

Except as provided in § 33.1-365, permits issued hereunder shall run for the calendar year, and may be renewed upon application made upon forms furnished by the Commissioner and the payment of the same a renewal fee required to be paid upon application for a permit. Renewal fees shall be in an amount determined by the Commonwealth Transportation Commissioner as sufficient to cover the costs of administration and enforcement of this article attributable on a pro rata basis to the subject of the renewal application. Renewal fees shall be on a sliding scale based on the area of the advertisement or advertising structure for which the renewal permit is sought. The minimum renewal fees and the manner of computation of the renewal fees shall be the same as found in § 33.1-361. Permits will not be extended or renewed in cases where the permittee has not exercised the privilege of erecting such advertising structure or displayed such advertisement during the period for which the permit was issued. Annual permits issued after December fifteenth will cover the following calendar year.