Senate Bill 5572

State of Washington    57th Legislature    2001 Regular Session

By Senators Snyder, Winsley and Oke

Read first time 01/26/2001.

Referred to Committee on Transportation.

AN ACT Relating to permissible highway signs; and amending RCW 47.42.040,
47.42.102, and 47.42.107.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 47.42.040 and 1991 c 94 s 2 are each amended to read as
follows:

It is declared to be the policy of the state that no signs which are visible
from the main traveled way of the interstate system, primary system, or scenic
system shall be erected or maintained except the following types:

(1) Directional or other official signs or notices that are required or
authorized by law;

(2) Signs advertising the sale or lease of the property upon which they are
located;

(3) Signs advertising activities conducted on the property on which they are
located;

(4) Signs, not inconsistent with the policy of this chapter and the national
policy set forth in section 131 of title 23, United States Code as codified and
enacted by Public Law 85-767 and amended only by section 106, Public Law 86-342,
and the national standards promulgated thereunder by the secretary of commerce
or the secretary of transportation, advertising activities being conducted at a
location within twelve miles of the point at which such signs are located:
PROVIDED, That no sign lawfully erected pursuant to this subsection adjacent to
the interstate system and outside commercial and industrial areas shall be
maintained by any person after three years from May 10, 1971;

(5) Signs, not inconsistent with the policy of this chapter and the national
policy set forth in section 131 of title 23, United States Code as codified and
enacted by Public Law 85-767 and amended only by section 106, Public Law 86-342,
and the regulations promulgated thereunder by the secretary of commerce or the
secretary of transportation, designed to give information in the specific
interest of the traveling public: PROVIDED, That no sign lawfully erected
pursuant to this subsection adjacent to the interstate system and outside
commercial and industrial areas shall be maintained by any person after three
years from May 10, 1971;

(6) Signs lawfully in existence on October 22, 1965, determined by the
commission, subject to the approval of the United States secretary of
transportation, to be landmark signs, including signs on farm structures or
natural surfaces, of historic or artistic significance the preservation of which
would be consistent with the purposes of chapter 47.42 RCW;

(7) Public service signs, located on school bus stop shelters, which:
(a)
Identify the donor, sponsor, or contributor of said shelters;
(b) Contain
safety slogans or messages which occupy not less than sixty percent of the area
of the sign;
(c) Contain no other message;
(d) Are located on school bus
shelters which are authorized or approved by city, county, or state law,
regulation, or ordinance, and at places approved by the city, county, or state
agency controlling the highway involved; and
(e) Do not exceed thirty-two
square feet in area. Not more than one sign on each shelter may face in any one
direction.

Subsection (7) of this section notwithstanding, the department of
transportation shall adopt regulations relating to the appearance of school bus
shelters, the placement, size, and public service content of public service
signs located thereon, and the prominence of the identification of the donors,
sponsors, or contributors of the shelters(({- . -})){+ ; +}

(8) Temporary agricultural directional signs, with the following
restrictions:
(a) Signs shall be posted only during the period of time the
seasonal agricultural product is being sold;
(b) Signs shall not be placed
adjacent to the interstate highway system unless the sign qualifies as an
on-premise sign;
(c) Signs shall not be placed within an incorporated city or
town;
(d) Premises on which the seasonal agricultural products are sold must
be within fifteen miles of the state highway, and necessary supplemental signing
on local roads must be provided before the installation of the signs on the
state highway;
(e) Signs must be located so as not to restrict sight
distances on approaches to intersections;
(f) The department shall establish
a permit system and fee schedule and rules for the manufacturing, installation,
and maintenance of these signs in accordance with the policy of this
chapter;
(g) Signs in violation of these provisions shall be removed in
accordance with the procedures in RCW 47.42.080;

{+ (9) Signs with the Crimestoppers name, logo, and telephone number with the
following restrictions:
(a) The size of the sign shall not exceed four by
eight and three-quarters inches;
(b) The maintenance of the signs shall be
the sole responsibility of Crimestoppers;
(c) All signs placed under this
section shall be maintained at least twice yearly; and
(d) Any Crimestoppers
sign not properly cared for may be removed by the department. +}
Only signs
of types 1, 2, 3, 7, (({- and -})) 8{+ , and 9 +} may be erected or maintained
within view of the scenic system. Signs of types 7 and 8 may also be erected or
maintained within view of the federal aid primary system.

Sec. 2. RCW 47.42.102 and 1975 1st ex.s. c 271 s 2 are each amended to read
as follows:

(1) Except as otherwise provided in subsection (3) of this section {+ or RCW
47.42.040(9) +}, just compensation shall be paid upon the removal of any sign
(pursuant to the provisions of chapter 47.42 RCW), lawfully erected under state
law, which is visible from the main traveled way of the interstate system or the
primary system.

(2) Such compensation shall be paid for the following:
(a) The taking from
the owner of such sign, display, or device of all right, title, leasehold, and
interest in such sign, display, or device; and
(b) The taking from the owner
of the real property on which the sign, display, or device is located, of the
right to erect and maintain such signs, displays, and devices thereon.

(3) In no event, however, shall compensation be paid for the taking or
removal of signs adjacent to the interstate system and the scenic system which
became subject to removal pursuant to chapter 96, Laws of 1961 as amended by
section 55, chapter 3, Laws of 1963 ex. sess. prior to May 10, 1971.

Sec. 3. RCW 47.42.107 and 1977 ex.s. c 141 s 1 are each amended to read as
follows:
(1) {+ Unless the provisions of RCW 47.42.040(9) apply, j +}ust
compensation shall be paid upon the removal of any existing sign pursuant to the
provisions of any resolution or ordinance of any county, city, or town of the
state of Washington by such county, city, or town if:
(a) Such sign was
lawfully in existence on May 10, 1971 (the effective date of the Scenic Vistas
Act of 1971); or
(b) Such sign was erected subsequent to May 10, 1971 (the
effective date of the Scenic Vistas Act of 1971), in compliance with existing
state and local law.
(2) Such compensation shall be paid in the same manner
as specified in RCW 47.42.102(2) for the following:
(a) The taking from the
owner of such sign, display, or device of all right, title, leasehold, and
interest in such sign, display, or device; and
(b) The taking from the owner
of the real property on which the sign, display, or device is located, of the
right to erect and maintain such signs, displays, and devices thereon.

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