07 LC 34
1007T
Senate
Bill 256
By:
Senators Mullis of the 53rd, Heath of the 31st, Pearson of the 51st, Thomas of
the 54th, Rogers of the 21st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to outdoor advertising signs on the interstate
system, primary highways, and other highways, so as to provide for certain
height limitations on such outdoor advertising signs and for certain conditions
for lowering of existing signs in excess of such height limitations; to provide
for certain changes in the sizes of trees permitted to be trimmed or removed
from the viewing zones of such signs and for certain changes to the extent of
such viewing zones; to provide that where relocation of a sign is required but
conflicts with local zoning or land use ordinances, compensation shall be paid
to the owner of such sign by the jurisdiction imposing such ordinances; to
provide for matters relative to the foregoing; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia
Annotated, relating to outdoor advertising signs on the interstate system,
primary highways, and other highways, is amended in Code Section 32-6-75,
relating to restrictions on outdoor advertising signs authorized by Code
Sections 32-6-72 and 32-6-73, by striking in such Code section the word "or" at
the end of paragraph (20) of subsection (a) thereof, by striking the period at
the end of paragraph (21) of such subsection and inserting in lieu thereof the
symbol and word "; or", and by inserting at the end of such subsection a new
paragraph to read as follows:
"(22)
After July 1, 2007 exceeds 75 feet in height as measured from the top of the
sign to the level of the traveled way, but any sign erected after that date
shall be granted a permit for trimming or removal of vegetation within the
viewing zone thereof pursuant to the provisions of Code Section 32-6-75.3 at the
time that a permit for such sign is granted as authorized by Code Section
32-6-74 and Code Section 32-6-79. Provided, however, that signs exceeding such
height lawfully in existence on such date may be maintained if otherwise in
compliance with the provisions of this part, but the provisions of Code Section
32-6-75.3 in effect on January 1, 2007 shall apply to such signs unless lowered
so as not to exceed such height, in which case the provisions of said Code
section as amended from time to time shall apply. The department shall expedite
and coordinate the processing of applications for permits under Code Section
32-6-75.3 with the processing of applications for permits under Code Section
32-6-74 and Code Section 32-6-79 such that applications under such latter Code
sections shall not be delayed. The General Assembly finds and declares that
reducing the height of outdoor advertising signs serves the public purpose and
function of roadside beautification and enhancement and confers a substantial
benefit upon the state and the public. However, the procuring of rights and
interests providing for reduction in the height of such signs imposes a
substantial immediate and long-term cost upon the owners of such signs.
Accordingly, no sign which exceeds 75 feet in height on July 1, 2007 shall be
required to be reduced to or below such height unless the owner and the
department enter into an agreement providing for the granting or renewal of a
permit for trimming or removal of vegetation within the viewing zone of such
sign pursuant to the provisions of Code Section 32-6-75.3. Such agreement shall
provide that such permits or renewals shall be issued without the fee provided
for by paragraph (1) of subsection (e) of said Code section, as just and
adequate compensation to the owner, but all other provisions of Code Section
32-6-75.3 as amended from time to time shall be applicable to such permits and
renewals. The procedures and requirements for issuance of such permits
established by this paragraph shall be an alternative to the procedures provided
for by Code Section 32-6-75.3, and the option to proceed under this paragraph or
such Code section shall be at the election of the owner. Reduction in height
pursuant to the provisions of this paragraph shall be permitted irrespective of
otherwise applicable ordinances or regulations."
SECTION
2.
Said
part is further amended in Code Section 32-6-75.3 of the Official Code of
Georgia Annotated, relating to trimming or removal of vegetation within viewing
zones of outdoor advertising signs on the interstate system, primary highways,
and other highways, by striking in their entirety subsection (b), paragraph (1)
of subsection (e), and subparagraph (A) of paragraph (2) of subsection (e) of
said Code section, and inserting in lieu thereof respectively the
following:
"(b)(1)
So as to promote these objectives and in accordance with the provisions of this
Code section, the commissioner shall provide by
a minimum
of rule or regulation for the issuance and
annual renewal of permits for the trimming and removal of trees and other
vegetation on the state rights of way within viewing zones with respect to
outdoor advertising signs legally erected and legally maintained adjacent to
said rights of way. Such rules and regulations shall
include,
without limitation,
be
substantially limited to standards for
survival of vegetation trimmed or planted
conforming to
American National Standards Institute standards for tree care operations. Such
permits whenever issued shall allow or be deemed to allow trimming or removal of
vegetation in conformance with this Code section as amended from time to time,
except as otherwise provided by this
part.
(2)
So as to ensure that no vegetation maintenance permits are issued for the
purpose of creating new outdoor advertising signs, no owner of outdoor
advertising signs erected after January 1, 1999, or such owner´s agent,
will be eligible to make application for vegetation maintenance for a period of
five years from the date a new sign is
permitted."
"(e)(1)
The department shall evaluate each application for a permit under this Code
section and require as a condition of granting any permit under this Code
section that the value of the landscaping to be either provided or paid for by
the applicant is not less than the department´s appraised value of the
benefit to be conferred by the state upon the applicant by allowing the trimming
or removing of trees or other vegetation as requested, which shall be
the value
of the
three times
the appraised pulpwood or lumber value of
all trees or vegetation to be trimmed or
removed; provided, however, that a permit may be granted to an otherwise
qualified applicant in a case where the value of the landscaping to be either
provided or paid for by the applicant is less than the department´s
appraised value of the trees or other vegetation to be trimmed or removed if, in
addition, the applicant pays to the department an amount equal to the amount of
the difference between the value of the landscaping to be either provided or
paid for by the applicant and the department´s appraised value of the trees
or other vegetation to be trimmed or removed.
(2)(A)(i)
No trees or vegetation shall be trimmed or removed under this Code section other
than within a viewing zone.
(ii)
No removal of
any
hardwood tree having a diameter outside bark of more than 8 inches at a height
of 6 inches above ground level or any
historic or endangered species tree or any tree planted as part of any local,
state, or federal government project shall be permitted under this Code
section;
provided, however, that after July 1, 2007 no local or state project shall plant
any tree within a viewing zone, and the department is prohibited from expending
state or federal funds to plant any tree within a viewing
zone.
(iii)
All
hardwood trees having a diameter outside bark of 8 inches or less at a height of
6 inches above ground level may be removed from within a viewing
zone.
(iv)
All
nonhardwood
trees may be removed from within a viewing zone for a combined total of
250
500
feet horizontal distance parallel to the right of way
in the
direction of a face visible from the main traveled
way.
(v)
All nonhardwood trees having a diameter outside bark of less than 12 inches at a
height of 6 inches above ground level may be removed from within a viewing
zone.
(vi)
Pine trees having a diameter outside bark of 12 inches or more at a height of 6
inches above ground level shall not be removed from a viewing zone in such
numbers as to reduce stocking to less than the minimum standard for full
stocking for such trees, as determined by the Georgia Forestry Commission, over
an area having a combined total of not less than 250 feet horizontal distance
parallel to the right of way.
(vii)
The provisions of divisions (iv) and (vi) of this subparagraph notwithstanding,
in the case of any outdoor advertising sign erected on or before April 20, 1998,
and which is less than 35 feet in height as measured from the top of the sign to
the ground directly beneath or to the road level, whichever distance results in
the best view or the greatest elevation, or which is subsequently lowered to
such a height, the horizontal distance of the area within the viewing zone from
which all trees, other than hardwoods having a diameter outside the bark of more
than 8 inches at a height of 6 inches above ground level, may be removed shall
be increased to 350
feet."
SECTION
3.
Said
part is further amended by adding after Code Section 32-6-84, relating to
interests and losses which may be compensable, a new Code Section 32-6-84.1 to
read as follows:
"32-6-84.1.
In
the event that construction or maintenance by the department or any agency or
instrumentality of the state or a political subdivision thereof requires
relocation of a sign subject to the provisions of this article, and such
relocation can be accomplished to a site acceptable to the owner of the sign,
conforming to the requirements of this part, adjacent to the new right of way,
and within 250 feet of the current mile post, but such relocation to such site
is inconsistent with the zoning ordinances of a county or municipality within
whose jurisdiction such relocation is proposed, such county or municipality
shall be responsible for the just and adequate compensation of the owner of the
sign, but in no event shall such compensation exceed the compensation required
under state or federal law."
SECTION
4.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such declaration or
adjudication shall affect and invalidate the whole of the section in which such
matter appears herein, but shall in no manner affect the other sections,
subsections, sentences, clauses, or phrases of this Act, which shall remain of
full force and effect as if the section, subsection, sentence, clause, or phrase
so declared or adjudged invalid or unconstitutional were not originally a part
hereof. The General Assembly declares that it would have passed the remaining
parts of this Act if it had known that such part or parts hereof would be
declared or adjudged invalid or unconstitutional, but would not have passed any
section of this Act containing or constituting an invalid or unconstitutional
provision.
SECTION
5.
All
laws and parts of laws in conflict with this Act are hereby repealed.