Outdoor Advertising Revisions.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1064

Short Title: Outdoor Advertising Revisions. (Public)
Sponsors: Senators Jarvis and Moffitt (Primary Sponsors).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1064-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REVISE LAWS GOVERNING OUTDOOR ADVERTISING. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. G.S. 136-133 reads as rewritten: 4
"§ 136-133. Permits required. 5
… 6
(d) The Department shall approve or deny a permit for a new outdoor advertising sign 7
within 30 days of receipt of the completed application and all required fees and documentation. 8
An application shall be deemed complete if it contains all information and supporting documents 9
required by the Department's rules. If the Department fails to provide written notice of its decision 10
within the 30 -day period, the application shall be deemed approved, and the Department shall 11
issue the permit. 12
(e) Except as provided in G.S. 136-133.1(i), the Department shall not revoke an outdoor 13
advertising permit for a first-time violation of this Article or rules adopted by the Department in 14
accordance with this Article. For any subsequent violation associated with the same permit, the 15
Department shall not revoke the permit until first providing to the permit holder written notice 16
of the violation and at least 60 days to cure the violation. During the cure period, the Department 17
may pursue any other remedies authorized by this Article or applicable law, including the 18
assessment of civil penalties or required corrective actions. This subsection does not limit the 19
Department's authority to address immediate threats to public safety or fraud in the application 20
process." 21
SECTION 2. G.S. 136-138 reads as rewritten: 22
"§ 136 -138. Agreements with United States authorized.authorized; limitations on 23
delegation. 24
The Department of Transportation is authorized to enter into agreements with other 25
governmental authorities relating to the control of outdoor advertising in areas adjacent to the 26
interstate and primary highway systems, including the establishment of information centers and 27
safety rest areas, and to take action in the name of the State to comply with the terms of the 28
agreements. Any amendment to or modification of the agreement dated January 7, 1972, between 29
the State and the United States Department of Transportation implementing the federal Highway 30
Beautification Act of 1965 shall require prior approval of the General Assembly by joint 31
resolution to be effective. Notwithstanding any provision of law to the contrary, the Department 32
shall not delegate or transfer permitting, enforcement, or other core regulatory authority under 33
this Article to any county, municipality, or other political subdivision of the State. This 34
subsection shall not prohib it the Department from cooperating with local governments or 35
enforcing local ordinances that are consistent with this Article." 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1064-First Edition
SECTION 3. G.S. 136-133.1 reads as rewritten: 1
"§ 136-133.1. Outdoor advertising vegetation cutting or removal. 2
(a) The owner o f an outdoor advertising sign permitted under G.S. 136-129(4) or 3
G.S. 136-129(5) who obtains a selective vegetation removal permit, and the owner's designees, 4
may cut, thin, prune, or remove vegetation in accordance with this section, G.S. 136-93(b), 5
136-133.2, and 136-133.4. The maximum cut or removal zone for vegetation for each sign face 6
shall be determined as follows: 7
(1) The point located on the edge of the right -of-way that is the closest point to 8
the centerline of the sign face shall be point A. The point on the edge of the 9
pavement of the travel way, including acceleration and deceleration ramps, 10
that is the closest to the centerline of the sign face shall be point B. The point 11
located on the edge of the pavement of the main traveled way, corresponding 12
to the applicable distance under sub -subdivision a. or b. of this subdivision 13
moving in the direction of the sign viewing zone from point B, shall be point 14
C. The point perpendicular to point C on the edge of the right-of-way shall be 15
point D. Lines drawn from point A, to point B, to point C, and to point D shall 16
define the maximum cut or removal zone [Point C is distanced as follows:]. 17
a. For a distance of 500 feet for a view zone that has a posted speed limit 18
of over 35 miles per hour. 19
b. For a distance of 350 feet for a view zone that has a posted speed limit 20
of 35 miles per hour or less. 21
(2) Notwithstanding subdivision (1) of this subsection, the sign owner or designee 22
may also cut vegetation within any area on the State right -of-way located 23
between viewing zones of two sign faces on the same structure, or otherwise 24
within any area measured perpendicular from any point on the sign structure 25
to the edge of the pavement of the main traveled way, by paying a fee of one 26
hundred fifty dollars ($150.00) per caliper inch to the Department of 27
Transportation. 28
(3) Repealed by Session Laws 2024-15, s. 17(a), effective July 1, 2024. 29
(4) Repealed by Session Laws 2024-15, s. 17(a), effective July 1, 2024. 30
(5) Repealed by Session Laws 2024-15, s. 17(a), effective July 1, 2024. 31
(6) Repealed by Session Laws 2024-15, s. 17(a), effective July 1, 2024. 32
(a) The owner of an outdoor advertising sign permitted under G.S. 136-129(4) or 33
G.S. 136-129(5) may obtain an annual vegetation maintenance permit from the Department of 34
Transportation upon payment of a fee of four hundred dollars ($400.00). 35
(a1) Notwithstanding any law to the contrary, in order to promote the outdoor advertiser's 36
right to be clearly viewed as set forth in G.S. 136-127, the Department of Transportation, at the 37
request of a selective vegetation removal permittee, may approve plans for the cutting, thinning, 38
pruning, or removal of vegetation outside of the cut or removal zone defined in subsection (a) of 39
this section along acceleration or deceleration ramp s so long as the view to the outdoor 40
advertising sign will be improved and the total aggregate area of cutting or removal does not 41
exceed the maximum allowed in subsection (a) of this section. 42
(b) Vegetation permitted to be cut, thinned, pruned, or removed shall be defined as any 43
tree, shrub, or underbrush within the zone created by subsection (a) of this section. Any existing 44
tree that was in existence at the time that an outdoor advertising structure was erected shall only 45
be eligible for removal in accor dance with subsections (c), (d), and (e) of this section. Native 46
dogwoods shall be preserved. For the purposes of this section, an existing tree is defined as a tree 47
that had a diameter of four inches or greater as measured six inches from the ground at th e time 48
that the outdoor advertising structure was erected. An outdoor advertising sign is considered 49
erected when the sign is completely constructed with a sign face. 50
General Assembly Of North Carolina Session 2025
Senate Bill 1064-First Edition Page 3
(b) Upon issuance of the annual vegetation maintenance permit, the owner and the 1
owner's designees may, at any time during the permit year, cut, thin, prune, remove, or 2
maintain any tree, shrub, or underbrush within the maximum cut or removal zone for each sign 3
face as defined in subsection (b) of this section. 4
(c) The applicant for a selectiv e vegetation removal permit shall submit to the 5
Department a site plan locating thereon any trees existing at the time that the outdoor advertising 6
sign was erected, as defined in subsection (b) of this section, that are requested to be cut, thinned, 7
pruned, or removed, and noting their species and total caliper inches. The applicant shall also 8
tag, with highly visible material or flagging, any tree that is, at the time of the application for a 9
selective vegetation removal permit, greater than four inches in diameter as measured six inches 10
from the ground and requested to be cut, thinned, pruned, or removed. The selective vegetation 11
removal request may be investigated on-site by Department personnel and a representative of the 12
applicant. In the event that the Department disputes the accuracy of the existing tree information 13
on the site plan noted above, the Department shall notify the applicant in writing and may request 14
the following: 15
(1) A tree survey. 16
(2) That the applicant amends the site plan. 17
(3) That the applicant deletes the trees in dispute from the desired cutting. 18
If a notice of disputed tree information is received from the Department, the applicant can 19
either employ the services of a North Carolina licensed landscape architect or certified arbori st 20
to perform a tree survey, amend the site plan, or notify the Department in writing that any or all 21
of the disputed trees are deleted from the application. If the applicant selects a tree survey, the 22
landscape architect or certified arborist will submit a report under seal that contains a tree 23
inventory of existing trees in the removal zone for the outdoor advertising structure and include 24
the age of any tree that existed at the time that the sign was erected. The report will categorize 25
tree species and include a site map of sufficient detail and dimensions. A tree survey will not be 26
required for subsequent applications to cut, thin, prune, or remove trees at the same site for trees 27
that have been previously permitted. Any dispute relating to whether or not the tree existed at the 28
time the outdoor advertising sign was erected shall be conclusively resolved by information in 29
the report from the licensed landscape architect or certified arborist. 30
(c) Native dogwoods shall be preserved. No person shall cut or remove any native 31
dogwood under this section. All other vegetation within the authorized zone may be cut, thinned, 32
pruned, removed, or maintained without further application, site plan, tree survey, or additional 33
fees. 34
(d) Except as provided in subsection (e) of this section, trees existing at the time the 35
outdoor advertising sign was erected may only be removed within the zone created in subsection 36
(a) of this section if the applicant satisfies one of the following two options selected by the 37
applicant: (i) reimbursement to the Department pursuant to G.S. 136-93.2 or (ii) trees that existed 38
at the time of the erection of the sign may be removed if the applicant agrees to remove two 39
nonconforming outdoor advertising signs for each sign at which removal of ex isting trees is 40
requested. The surrendered nonconforming signs must be fully disassembled before any removal 41
of existing trees is permitted and shall not be eligible for future outdoor advertising permits in 42
perpetuity. 43
(d) The annual vegetation maintenanc e permit shall be valid for one year from the date 44
of issuance and may be renewed annually upon payment of the five -hundred-dollar ($500.00) 45
fee. 46
(e) Removal of trees and vegetation of any age, including complete removal, except for 47
native dogwoods, shall be permitted within the cut or removal zone established in subsection (a) 48
of this section if the applicant for the selective vegetation removal permit, in lieu of compliance 49
with subsection (d) of this section, agrees to submit to the Department a plan for beautification 50
and replanting related to the site for which the vegetation permit request is made. The Department 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 1064-First Edition
shall develop rules for compensatory replanting, including the criteria for determining which 1
sites qualify for replanting, and shall, in con sultation with the applicant and local government 2
representatives, determine which sites must be replanted, and the types of plants and trees to be 3
replanted, in accordance with G.S. 136-18(9). The replanting and maintenance shall be 4
conducted by the appli cant or his or her agents in accordance with the rules adopted by the 5
Department. If the conditions detailed in this subsection are agreed to by the applicant and 6
approved by the Department, there shall be no reimbursement to the Department under 7
G.S. 136-93.2 for removal of trees that existed at the time the outdoor sign was erected, nor shall 8
the applicant be required to remove two nonconforming outdoor advertising signs for removal of 9
existing trees at the site. 10
(e) This section shall constitute the sole and exclusive authority for vegetation cutting or 11
removal associated with outdoor advertising signs. All prior requirements for selective vegetation 12
removal permits, caliper -inch fees, replanting plans, and related processes are repealed and 13
replaced by the annual permit process established herein. 14
(f) Tree branches within a highway right -of-way that encroach into the zone created by 15
subsection (a) of this section may be cut or pruned. Except as provided in subsection (g) of this 16
section, no person, firm, or entity shall cut, trim, prune, or remove or otherwise cause to be cut, 17
trimmed, pruned, or removed vegetation that is in front of, or adjacent to, outdoor advertising 18
and within the limits of the highway right -of-way for the purpose of enhancing the vis ibility of 19
outdoor advertising unless permitted to do so by the Department in accordance with this section, 20
G.S. 136-93(b), 136-133.2, and 136-133.4. 21
(f) Notwithstanding any other provision of this section, the owner of an outdoor 22
advertising sign permitted under G.S. 136-129(4) or G.S. 136-129(5), or the owner's designees, 23
may apply herbicides from the private property side along the fence line for the purpose of 24
controlling vegetation encroachment. For purposes of this subsection, "fence line" means the 25
boundary line between the private property on which the outdoor advertising sign is located and 26
the adjacent State highway right -of-way. The owner or designee shall utilize only applicators 27
licensed by the North Carolina Department of Agriculture and Consum er Services and shall 28
comply with all federal and State pesticide laws and rules. Application shall not exceed five feet 29
into the right-of-way and shall not be applied to native dogwoods or any tree with a diameter of 30
four inches or greater measured six inches from the ground. 31
(g) Notwithstanding any law to the contrary, the owner of an outdoor advertising sign 32
defined by subsection (a) of this section or the owner's designees may, working only from the 33
private property side of the fence, without charge and without obtaining a selective vegetation 34
removal permit, cut, trim, prune, or remove any tree or other vegetation except for native 35
dogwoods that is (i) less than four inches in diameter at the height of the controlled access fence, 36
(ii) located within 300 feet on either side of the existing sign location, and (iii) a distance of three 37
feet from a controlled access fence within the limits of the highway right -of-way. The activities 38
permitted by this subsection must be performed from the private property ow ner side of the 39
controlled access fence and with the consent of the owner of the land that is used to access said 40
fence. 41
(h) No additional funds from the Highway Trust Fund shall be used for the purpose of 42
vegetation replacement under the provisions of this section. 43
(i) The Department may revoke an outdoor advertising permit for the unlawful 44
destruction or illegal cutting of vegetation within the right -of-way of any State -owned or 45
State-maintained highway only if both of the following conditions are met: 46
(1) The unlawful destruction or illegal cutting occurred within 500 feet of either 47
side of the corresponding sign location measured along the edge of pavement 48
of the main travel way of the nearest controlled route and was willfully caused 49
by one or more of the following: 50
a. The sign owner. 51
General Assembly Of North Carolina Session 2025
Senate Bill 1064-First Edition Page 5
b. The permit holder. 1
c. The lessee or advertiser employing the sign. 2
d. Any employees, agents, or assigns of persons listed in 3
sub-subdivisions a. through c. of this subdivision, including, but not 4
limited to, independent contractors hired by any of the above persons, 5
or the owner of the property upon which the sign is located, if 6
expressly authorized by the above persons to use or maintain the sign. 7
(2) There is substantial, material evidence that the unlawful destruction or illegal 8
cutting of vegetation would create, increase, or improve a view to the outdoor 9
advertising sign for passing motorists from the main travel way of the nearest 10
controlled route." 11
SECTION 4. G.S. 136-133.2 reads as rewritten: 12
"§ 136-133.2. Issuance or denial of a selective vegetation removal permit. 13
(a) Except as provided in subsection (b) of this section and G.S. 136-133.1(g), permits to 14
remove vegetation may be granted for outdoor advertising locations that have been permitted for 15
at least two years prior to the date of application. The Department shall approve or deny an 16
application submitted pursuant to this section, including the fee required by G.S. 136-18.7 and 17
all required documentation, within 30 days of the receipt of an application for a selective 18
vegetation removal permit. If written notice of approval or denial is not given to the applicant 19
within the 30 -day period, then the application shall be deemed approved. If the application is 20
denied, the Department shall advise the applicant, i n writing, by registered or certified mail, 21
return receipt requested, addressed to the party to be noticed, and delivering to the addressee, the 22
reasons for the denial. 23
(a) The Department shall approve or deny an application for an annual vegetation 24
maintenance permit, including the required four hundred dollars ($400.00) fee, within 30 days of 25
receipt of the application. If the Department fails to provide written notice of its decision within 26
the 30-day period, the application shall be deemed approved and the permit shall be issued. 27
(b) Notwithstanding the two-year period required in subsection (a) of this section, permits 28
to remove vegetation may be granted for outdoor advertising locations where outdoor advertising 29
has been relocated pursuant to G.S. 136-131.5 and that otherwise comply with the requirements 30
of this section and rules adopted by the Department in accordance with this section. 31
(b) The Department may deny an app lication only for failure to pay the required fee or 32
for failure to hold a valid outdoor advertising permit under G.S. 136-129(4) or G.S. 136-129(5). 33
(c) A new site for relocation shall not be denied by the Department of Transportation due 34
to the presence of vegetation obstructing the visibility of the outdoor advertising from the viewing 35
zone. Notwithstanding any law to the contrary, the owner or operator of the outdoor advertising 36
sign shall be permitted to improve the visibility of the sign by removing any vegetation on private 37
property upon receiving written consent of the landowner." 38
SECTION 5. This act is effective when it becomes law. 39