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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2145
103RD GENERAL ASSEMBL Y
4656H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 226.510, 226.540, and 226.550, RSMo, and to enact in lieu thereof four
new sections relating to outdoor advertising.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 226.510, 226.540, and 226.550, RSMo, are repealed and four
2 new sections enacted in lieu thereof, to be known as sections 71.025, 226.510, 226.540, and
3 226.550, to read as follows:
71.025. Beginning August 28, 2026, city populations shall be included on city
2 limit signs on state highways.
226.510. As used in sections 226.500 to 226.600, the following words or phrases
2 mean:
3 (1) "Freeway primary highway", that part of a federal-aid primary highway system, as
4 of June 1, 1991, which has been constructed as divided, dual lane fully controlled access
5 facilities with no access to the throughways except the established interchanges. When
6 existing two-lane highways are being upgraded to four- lane limited access, the regulations for
7 freeway primary highways shall apply as of the date the state highways and transportation
8 commission acquires all access rights on the adjoining right-of-way;
9 (2) "Interstate system", that portion of the national system of interstate highways
10 located within the boundaries of Missouri, as of ficially designated or may be hereafter
11 designated by the state highways and transportation commission with the approval of the
12 Secretary of T ransportation, pursuant to T itle 23, United States Code, as amended;
13 (3) "Outdoor advertising", an outdoor sign, display , device, figure, painting, drawing,
14 message, plaque, poster , billboard, or other thing designed, intended or used to advertise or
15 inform, any part of the advertising or information contents of which is visible from any point
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
16 of the traveled ways of the interstate or primary systems , except that none of the
17 pr eceding items shall be deemed "outdoor advertising" when located on, attached to, or
18 er ected as part of, a fence, fences, or walls that enclose, in whole or in part, an athletic
19 field that is owned or leased by a school or an entity described in section 501(c)(3) of the
20 Internal Revenue Code, as amended. When the audience of such signs is intended to be
21 the patr ons, participants, or attendees of an event occurring at the athletic field, the
22 signs shall not re quir e permitting fr om the Missouri department of transportation ;
23 (4) "Primary system", the federal-aid primary highways as of June 1, 1991, and all
24 highways designated as part of the National Highway System by the National Highway
25 System Designation Act of 1995 and those highways subsequently designated as part of the
26 National Highway System;
27 (5) "Rest area", an area or site established and maintained within or adjacent to the
28 highway right-of-way under public supervision or control, for the convenience of the
29 traveling public, except that the term shall not include automotive service stations, hotels,
30 motels, restaurants or other commerce facilities of like nature;
31 (6) "Urban area", an urban place as designated by the Bureau of the Census, having a
32 population of five thousand or more within boundaries to be fixed by the state highways and
33 transportation commission and local of ficials in cooperation with each other and approved by
34 the Secretary of T ransportation, or an urbanized area as designated by the Bureau of the
35 Census within boundaries to be fixed by the state highways and transportation commission
36 and local of ficials and approved by the Secretary of T ransportation. The boundary of the
37 urban area shall, as a minimum, encompass the entire urban place as designated by the Bureau
38 of the Census.
226.540. Notwithstanding any other provisions of sections 226.500 to 226.600,
2 outdoor advertising shall be permitted within six hundred and sixty feet of the nearest edge of
3 the right-of-way of highways located on the interstate, federal-aid primary system as it existed
4 on June 1, 1991, or the national highway system as amended in areas zoned industrial,
5 commercial or the like and in unzoned commercial and industrial areas as defined in this
6 section, subject to the following regulations which are consistent with customary use in this
7 state:
8 (1) Lighting:
9 (a) No revolving or rotating beam or beacon of light that simulates any emer gency
10 light or device shall be permitted as part of any sign. No flashing, intermittent, or moving
11 light or lights will be permitted except scoreboards and other illuminated signs designating
12 public service information, such as time, date, or temperature, or similar information, will be
13 allowed; tri-vision, projection, and other changeable message signs shall be allowed subject
14 to Missouri highways and transportation commission regulations;
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15 (b) External lighting, such as floodlights, thin line and gooseneck reflectors are
16 permitted, provided the light source is directed upon the face of the sign and is effectiv ely
17 shielded so as to prevent beams or rays of light from being directed into any portion of the
18 main traveled way of the federal-aid primary highways as of June 1, 1991, and all highways
19 designated as part of the National Highway System by the National Highway System
20 Designation Act of 1995 and those highways subsequently designated as part of the National
21 Highway System and the lights are not of such intensity so as to cause glare, impair the vision
22 of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor
23 vehicle;
24 (c) No sign shall be so illuminated that it interferes with the ef fectiveness of, or
25 obscures, an of ficial traff ic sign, device, or signal;
26 (2) Size of signs:
27 (a) The maximum area for any one sign shall be eight hundred square feet with a
28 maximum height of thirty feet and a maximum length of seventy-two feet, inclusive of border
29 and trim but excluding the base or apron, supports, and other structural members. The area
30 shall be measured as established herein and in rules promulgated by the commission. In
31 determining the size of a conforming or nonconforming sign structure, temporary cutouts and
32 extensions installed for the length of a specific display contract shall not be considered a
33 substantial increase to the size of the permanent display; provided the actual square footage of
34 such temporary cutouts or extensions may not exceed thirty-three percent of the permanent
35 display area. Signs erected in accordance with the provisions of sections 226.500 to 226.600
36 prior to August 28, 2002, which fail to meet the requirements of this provision shall be
37 deemed legally nonconforming as defined herein;
38 (b) The maximum size limitations shall apply to each side of a sign structure, and
39 signs may be placed back to back, double faced, or in V -type construction with not more than
40 two displays to each facing, but such sign structure shall be considered as one sign;
41 (c) After August 28, 1999, no new sign structure shall be erected in which two or
42 more displays are stacked one above the other . Stacked structures existing on or before
43 August 28, 1999, in accordance with sections 226.500 to 226.600 shall be deemed legally
44 nonconforming and may be maintained in accordance with the provisions of sections 226.500
45 to 226.600. Structures displaying more than one display on a horizontal basis shall be
46 allowed, provided that total display areas do not exceed the maximum allowed square footage
47 for a sign structure pursuant to the provisions of paragraph (a) of this subdivision;
48 (3) Spacing of signs:
49 (a) On all interstate highways, freeways, and nonfreeway federal-aid primary
50 highways as of June 1, 1991, and all highways designated as part of the National Highway
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51 System by the National Highway System Designation Act of 1995 and those highways
52 subsequently designated as part of the National Highway System:
53 a. No sign structure shall be erected within one thousand four hundred feet of an
54 existing sign on the same side of the highway;
55 b. Outside of incorporated municipalities, no structure may be located adjacent to or
56 within five hundred feet of an interchange, intersection at grade, or safety rest area. Such five
57 hundred feet shall be measured from the beginning or ending of the pavement widening at the
58 exit from or entrance to the main traveled way . For purpose of this subparagraph, the term
59 "incorporated municipalities" shall include "urban areas", except that such "urban areas" shall
60 not be considered "incorporated municipalities" if it is finally determined that such would
61 have the ef fect of making Missouri be in noncompliance with the requirements of T itle 23,
62 United States Code, Section 131;
63 (b) The spacing between structure provisions of this subdivision do not apply to signs
64 which are separated by buildings, natural surroundings, or other obstructions in such manner
65 that only one sign facing located within such distance is visible at any one time. Directional
66 or other of ficial signs or those advertising the sale or lease of the property on which they are
67 located, or those which advertise activities on the property on which they are located,
68 including products sold, shall not be counted, nor shall measurements be made from them for
69 the purpose of compliance with spacing provisions;
70 (c) No sign shall be located in such manner as to obstruct or otherwise physically
71 interfere with the effectiv eness of an of ficial traf fic sign, signal, or device or obstruct or
72 physically interfere with a motor vehicle operator's view of approaching, mer ging, or
73 intersecting traff ic;
74 (d) The measurements in this section shall be the minimum distances between
75 outdoor advertising sign structures measured along the nearest edge of the pavement between
76 points directly opposite the signs along each side of the highway and shall apply only to
77 outdoor advertising sign structures located on the same side of the highway involved;
78 (4) As used in this section, the words "unzoned commercial and industrial land" shall
79 be defined as follows: that area not zoned by state or local law or ordinance and on which
80 there is located one or more permanent structures used for a commercial business or industrial
81 activity or on which a commercial or industrial activity is actually conducted together with
82 the area along the highway extending outwardly seven hundred fifty feet from and beyond the
83 edge of such activity . All measurements shall be from the outer edges of the regularly used
84 improvements, buildings, parking lots, landscaped, storage or processing areas of the
85 commercial or industrial activity and along and parallel to the edge of the pavement of the
86 highway . On nonfr eeway primary highways wher e ther e is an unzoned commer cial or
87 industrial ar ea on one side of the roa d in accordance with this section, the unzoned
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88 commer cial or industrial ar ea shall also include those lands located on the opposite side
89 of the highway to the extent of the same dimensions. Unzoned land shall not include:
90 (a) Land on the opposite side of the highway from an unzoned commercial or
91 industrial area as defined in this section and located adjacent to highways located on the
92 interstate[ , federal-aid primary system as it existed on June 1, 1991, or the national highway
93 system as amended, unless the opposite side of the highway qualifies as a separate unzoned
94 commercial or industrial area ] or fr eeway primary highways ; or
95 (b) Land zoned by a state or local law , regulation, or ordinance;
96 (5) "Commercial or industrial activities" as used in this section means those which are
97 generally recognized as commercial or industrial by zoning authorities in this state, except
98 that none of the following shall be considered commercial or industrial:
99 (a) Outdoor advertising structures;
100 (b) Agricultural, forestry , ranching, grazing, farming, and related activities, including
101 seasonal roadside fresh produce stands;
102 (c) T ransient or temporary activities;
103 (d) Activities more than six hundred sixty feet from the nearest edge of the right-of-
104 way or not visible from the main traveled way;
105 (e) Activities conducted in a building principally used as a residence;
106 (f) Railroad tracks and minor sidings;
107 (6) The words "unzoned commercial or industrial land" shall also include all areas not
108 specified in this section which constitute an "unzoned commercial or industrial area" within
109 the meaning of the present Section 131 of T itle 23 of the United States Code, or as such
110 statute may be amended. As used in this section, the words "zoned commercial or industrial
111 area" shall refer to those areas zoned commercial or industrial by the duly constituted zoning
112 authority of a municipality , county , or other lawfully established political subdivision of the
113 state, or by the state and which is within seven hundred fifty feet of one or more permanent
114 commercial or industrial activities. Commercial or industrial activities as used in this section
115 are limited to those activities:
116 (a) In which the primary use of the property is commercial or industrial in nature;
117 (b) Which are clearly visible from the highway and recognizable as a commercial
118 business;
119 (c) Which are permanent as opposed to temporary or transitory and of a nature that
120 would customarily be restricted to commercial or industrial zoning in areas comprehensively
121 zoned; and
122 (d) In determining whether the primary use of the property is commercial or industrial
123 pursuant to paragraph (a) of this subdivision, the state highways and transportation
124 commission shall consider the following factors:
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125 a. The presence of a permanent and substantial building;
126 b. The existence of utilities and local business licenses, if any , for the commercial
127 activity;
128 c. On-premise signs or other identification;
129 d. The presence of an owner or employee on the premises for at least twenty hours per
130 week;
131 (7) In zoned commercial and industrial areas, whenever a state, county or municipal
132 zoning authority has adopted laws or ordinances which include regulations with respect to the
133 size, lighting and spacing of signs, which regulations are consistent with the intent of sections
134 226.500 to 226.600 and with customary use, then from and after the ef fective date of such
135 regulations, and so long as they shall continue in ef fect, the provisions of this section shall not
136 apply to the erection of signs in such areas. Notwithstanding any other provisions of this
137 section, after August 28, 1992, with respect to any outdoor advertising which is regulated by
138 the provisions of subdivision (1), (3) or (4) of section 226.520 or subsection 1 of section
139 226.527:
140 (a) No county or municipality shall issue a permit to allow a regulated sign to be
141 newly erected without a permit issued by the state highways and transportation commission;
142 (b) A county or municipality may char ge a reasonable one-time permit or inspection
143 fee to assure compliance with local wind load and electrical requirements when the sign is
144 first erected, but a county or municipality may not char ge a permit or inspection fee for such
145 sign after such initial fee. Changing the display face or performing routine maintenance shall
146 not be considered as erecting a new sign;
147 (8) The state highways and transportation commission on behalf of the state of
148 Missouri, may seek agreement with the Secretary of T ransportation of the United States under
149 Section 131 of T itle 23, United States Code, as amended, that sections 226.500 to 226.600 are
150 in conformance with that Section 131 and provides ef fective control of outdoor advertising
151 signs as set forth therein. If such agreement cannot be reached and the penalties under
152 subsection (b) of Section 131 are invoked, the attorney general of this state shall institute
153 proceedings described in subsection (1) of that Section 131.
226.550. 1. No outdoor advertising which is regulated by subdivision (1), (3) or (4)
2 of section 226.520 or subsection 1 of section 226.527 shall be erected or maintained on or
3 after August 28, 1992, without a one-time permanent permit issued by the state highways and
4 transportation commission. Application for permits shall be made to the state highways and
5 transportation commission on forms furnished by the commission and shall be accompanied
6 by a permit fee of two hundred dollars for all signs; except that, tax-exempt religious
7 or ganizations as defined in subdivision (1 1) of section 313.005, service or ganizations as
8 defined in subdivision (12) of section 313.005, veterans' or ganizations as defined in
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9 subdivision (14) of section 313.005, and fraternal or ganizations as defined in subdivision (8)
10 of section 313.005 shall be granted a permit for signs less than seventy-six square feet without
11 payment of the fee. The permit fee of two hundred dollars shall be waived for
12 landowners, provi ded that the landowner is the permit holder and owns both the land
13 upon which the outdoor advertising is placed and the business being advertised on the
14 sign, so long as the business being advertised is located within seven hundred fifty feet of
15 the sign location. In the event a permit holder fails to erect a sign structure within twenty-
16 four months of issuance, said permit shall expire and a new permit must be obtained prior to
17 any construction.
18 2. No outdoor advertising which is regulated by subdivision (1), (3) or (4) of section
19 226.520 or subsection 1 of section 226.527 which was erected prior to August 28, 1992, shall
20 be maintained without a one-time permanent permit for outdoor advertising issued by the
21 state highways and transportation commission. If a one-time permanent permit was issued by
22 the state highways and transportation commission after March 30, 1972, and before August
23 28, 1992, it is not necessary for a new permit to be issued. If a one-time permanent permit
24 was not issued for a lawfully erected and lawfully existing sign by the state highways and
25 transportation commission after March 30, 1972, and before August 28, 1992, a one-time
26 permanent permit shall be issued by the commission for each sign which is lawfully in
27 existence on the day prior to August 28, 1992, upon application and payment of a permit fee
28 of two hundred dollars. All applications and fees due pursuant to this subsection shall be
29 submitted before December 31, 1992. The permit fee of two hundred dollars shall be
30 waived for landowners, pr ovided that the landowner is the permit holder and owns both
31 the land upon which the outdoor advertising is placed and the business being advertised
32 on the sign, so long as the business being advertised is located within seven hundred fifty
33 feet of the sign location.
34 3. For purposes of sections 226.500 to 226.600, the terminology "structure lawfully in
35 existence" or "lawfully existing" sign or outdoor advertising shall, nevertheless, include the
36 following signs unless the signs violate the provisions of subdivisions (3) to (7) of subsection
37 1 of section 226.580:
38 (1) All signs erected prior to January 1, 1968;
39 (2) All signs erected before March 30, 1972, but on or after January 1, 1968, which
40 would otherwise be lawful but for the failure to have a permit for such signs prior to March
41 30, 1972, except that any sign or structure which was not in compliance with sizing, spacing,
42 lighting, or location requirements of sections 226.500 to 226.600 as the sections appeared in
43 the revised statutes of Missouri 1969, wheresoever located, shall not be considered a lawfully
44 existing sign or structure;
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45 (3) All signs erected after March 30, 1972, which are in conformity with sections
46 226.500 to 226.600;
47 (4) All signs erected in compliance with sections 226.500 to 226.600 prior to August
48 28, 2002.
49 4. On or after August 28, 1992, the state highways and transportation commission
50 may , in addition to the fees authorized by subsections 1 and 2 of this section, collect a
51 biennial inspection fee every two years after a state permit has been issued. Biennial
52 inspection fees due after August 28, 2002, and prior to August 28, 2003, shall be fifty dollars.
53 Biennial inspection fees due on or after August 28, 2003, shall be seventy-five dollars.
54 Biennial inspection fees due on or after August 28, 2004, shall be one hundred dollars; except
55 that, tax-exempt religious or ganizations as defined in subdivision (1 1) of section 313.005,
56 service org anizations as defined in subdivision (12) of section 313.005, veterans'
5 7 or ganizations as defined in subdivision (14) of section 313.005, and fraternal or ganizations
58 as defined in subdivision (8) of section 313.005 shall not be required to pay such fee. The
59 biennial inspection fee shall be waived for landowners, pr ovided that the landowner is
60 the permit holder and owns both the land upon which the outdoor advertising is placed
61 and the business being advertised on the sign, so long as the business being advertised is
62 located within seven hundre d fifty feet of the sign location.
63 5. In order to effect the more ef ficient collection of biennial inspection fees, the state
64 highways and transportation commission is encouraged to adopt a renewal system in which
65 all permits in a particular county are renewed in the same month. In conjunction with the
66 conversion to this renewal system, the state highways and transportation commission is
67 specifically authorized to prorate renewal fees based on changes in renewal dates.
68 6. Sign owners or owners of the land on which signs are located must apply to the
69 state highways and transportation commission for biennial inspection and submit any fees as
70 required by this section on or before December 31, 1992. For a permitted sign which does not
71 have a permit, a permit shall be issued at the time of the next biennial inspection.
72 7. The state highways and transportation commission shall deposit all fees received
73 for outdoor advertising permits and inspection fees in the state road fund, keeping a separate
74 record of such fees, and the same may be expended by the commission in the administration
75 of sections 226.500 to 226.600.
✔
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