Highway Signage Amendments

6
72-7-510
72-7-510.5
0
Highway Signage Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor:
LONG TITLE
General Description:
This bill amends certain restrictions on highway signage that is required to be relocated or
remodeled because of the widening, construction, or reconstruction of a highway.
Highlighted Provisions:
This bill:
allows the owner of a sign that is relocated or remodeled due to the widening,
construction, or reconstruction to:
exceed certain height limitations; and
proceed with remodeling and relocating 30 days after the day on which the owner of
the sign has sent notice of the requested relocation or remodel parameters to the
relevant local government; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
72-7-510
, as last amended by Laws of Utah 2025, Chapter 436
72-7-510.5
, as last amended by Laws of Utah 2025, First Special Session, Chapter 15
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
72-7-510
is amended to read:
72-7-510
. Existing outdoor advertising not in conformity with part -- Procedure
-- Eminent domain -- Compensation -- Relocation.
(1)
As used in this section, "nonconforming sign" means a sign that has been erected in a
zone or area other than commercial or industrial or where outdoor advertising is not
permitted under this part.
(2)
(a)
The department may acquire by gift, purchase, agreement, exchange, or eminent
domain, any existing outdoor advertising and all property rights pertaining to the
outdoor advertising which were lawfully in existence on May 9, 1967, and which by
reason of this part become nonconforming.
(b)
If the department, or any town, city, county, governmental entity, public utility, or
any agency or the United States Department of Transportation under this part,
prevents the maintenance as defined in Section
72-7-502
, or requires that
maintenance of an existing sign be discontinued, the sign in question shall be
considered acquired by the entity and just compensation will become immediately
due and payable.
(c)
Eminent domain shall be exercised in accordance with the provision of
Title 78B,
Chapter 6, Part 5, Eminent Domain
.
(3)
(a)
Just compensation shall be paid for outdoor advertising and all property rights
pertaining to the same, including the right of the landowner upon whose land a sign is
located, acquired through the processes of eminent domain.
(b)
For the purposes of this part, just compensation shall include the consideration of
damages to remaining properties, contiguous and noncontiguous, of an outdoor
advertising sign company's interest, which remaining properties, together with the
properties actually condemned, constituted an economic unit.
(c)
The department is empowered to remove signs found in violation of Section
72-7-508

without payment of any compensation.
(4)
Except as specifically provided in this section or Section
72-7-513
, this part may not be
construed to permit a person to place or maintain any outdoor advertising adjacent to
any interstate or primary highway system which is prohibited by law or by any town,
city, or county ordinance. Any town, city, county, governmental entity, or public utility
which requires the removal, relocation, alteration, change, or termination of outdoor
advertising shall pay just compensation as defined in this part and in
Title 78B, Chapter
6, Part 5, Eminent Domain
.
(5)
Except as provided in Section
72-7-508
, no sign shall be required to be removed by the
department nor sign maintenance as described in this section be discontinued unless at
the time of removal or discontinuance there are sufficient funds, from whatever source,
appropriated and immediately available to pay the just compensation required under this
section and unless at that time the federal funds required to be contributed under 23
U.S.C., Sec. 131, if any, with respect to the outdoor advertising being removed, have
been appropriated and are immediately available to this state.
(6)
(a)
If any outdoor advertising use, structure, or permit may not be continued because
of the widening, construction, or reconstruction along an interstate, federal aid
primary highway existing as of June 1, 1991, or national highway systems highway,
the owner shall have the option to relocate and remodel the use, structure, or permit
to another location:
(i)
within the same municipality or unincorporated county:
(A)
on the same property;
(B)
on adjacent property;
(C)
on either side of the same highway; or
(D)
mutually agreed upon by the owner and the county or municipality in which
the use, structure, or permit is located; or
(ii)
within a different municipality or unincorporated county mutually agreed upon by
the owner and the different municipality or county.
(b)
The relocation under Subsection
(6)(a)
shall be in a commercial or industrial zoned
area or where outdoor advertising is permitted under this part.
(c)
The county or municipality in which the use or structure is located or is to be
relocated as described in Subsection
(6)(a)

or
(6)(d)

shall, if necessary, provide for
the relocation and remodeling by ordinance for a special exception to its zoning
ordinance.
(d)
The relocated and remodeled use or structure may be:
(i)
erected to a height and angle to make it clearly visible to traffic on the
main-traveled way of the highway to which it is relocated or remodeled;
(ii)
the same size and at least the same height as the previous use or structure, but the
relocated use or structure may not exceed the size and height permitted under this
part;
(iii)
relocated to a comparable vehicular traffic count.
(d)
The owner of a relocated or remodeled use or structure may elect to relocate or
remodel the use or structure with one or more of the following characteristics:
(i)
(A)
erected to a height up to 65 feet above the ground;
(B)
erected to a height of more than 65 feet above the ground in order to make the
entire advertising content clearly visible on the main-traveled way of the
highway to which the structure is relocated or remodeled; or
(C)
erected to the same height as the previous use or structure;
(ii)
the same size as the previous use or structure, except that the relocated or
remodeled use or structure may not exceed the size permitted under this part; or
(iii)
relocated to a location with a comparable vehicular traffic count.
(e)
For a relocated or remodeled use or structure described in this Subsection
(6)
, the
height restrictions described in Subsection
72-7-505(2)
do not apply.
(7)
(a)
The governmental entity, quasi-governmental entity, or public utility that causes
the need for the outdoor advertising relocation or remodeling as provided in
Subsection
(6)(a)
shall pay the costs related to the relocation, remodeling, or
acquisition.
(b)
If a governmental entity prohibits the relocation
and
or
remodeling as provided in
Subsection
(6)(a)(i), it
(6)(a) and
(6)(d)
, the government entity
shall pay just
compensation as provided in Subsection
(3)
.
(c)
If an owner of a use, structure, or permit affected by widening, construction, or
reconstruction as described in Subsection
(6)(a)
makes a written request to the
municipality or county for approval to relocate or remodel the use or structure as
described in Subsection
(6)
, the owner may take the requested action, without further
municipal or county approval, 30 days after the day on which the structure or use
owner makes the written request.
Section 2. Section
72-7-510.5
is amended to read:
72-7-510.5
. Height adjustments for outdoor advertising signs.
(1)
If the view and readability of an outdoor advertising sign, including a sign that is a
nonconforming sign as defined in Section
72-7-510
, a noncomplying structure as
defined in Sections
10-20-102
and
17-79-102
, or a nonconforming use as defined in
Sections
10-20-102
and
17-79-102
is obstructed due to a noise abatement or safety
measure, grade change, construction, directional sign, highway widening, or aesthetic
improvement made by an agency of this state, along an interstate, federal aid primary
highway existing as of June 1, 1991, national highway systems highway, or state
highway or by an improvement created on real property subsequent to the department's
disposal of the property under Section
72-5-111
, the owner of the sign may
elect one or
both of the following options
:
(a)
adjust the height of the
sign;
existing or relocated sign:
(i)
up to 65 feet above the ground; or
(ii)
to a height more than 65 feet above the ground in order to make the entire
advertising content of the sign clearly visible; or
(b)
relocate the sign as follows:
(i)
if the sign is located along an interstate, federal aid primary highway existing as of
June 1, 1991, or national highway systems highway, relocate the sign to either
side of the same highway, within the same municipality or unincorporated county,
if the sign complies with the spacing requirements under Section
72-7-505
and is
in a commercial or industrial zone;
(c)
(ii)
if the sign is located along a state highway, relocate the sign to either side of
the same highway, within the same municipality or unincorporated county, to a
point within one mile of the sign's prior location, if the sign complies with the
spacing requirements under Section
72-7-505
and is located in a commercial or
industrial zone; or
(d)
(iii)
relocate the sign to a location that is mutually agreed upon by the owner and:
(i)
(A)
the same municipality or unincorporated county in which the obstructed
sign is located; or
(ii)
(B)
any other municipality or unincorporated county.
(2)
A height adjusted sign under this section does not constitute a substantial change to the
sign.
(3)
The county or municipality in which the obstructed sign is located or is to be relocated
shall, if necessary, provide for the height adjustment or relocation by ordinance for a
special exception to its zoning ordinance.
(4)
(a)
The height adjusted sign:
(i)
may be erected:
(A)
to a height to make the entire advertising content of the sign clearly visible;
and
(B)
to an angle to make the entire advertising content of the sign clearly visible;
and
(ii)
shall be the same size as the previous sign.
(b)
The provisions of
Subsection
(1)(a)
and
Subsection
(4)(a)
are
an exception
exceptions
to the height requirements under Section
72-7-505
.
Section 3.
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2),
May 6, 2026
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
1-29-26 8:11 AM