Difference between revisions of "236.16 Outdoor Advertising"

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m (Per RW, this article has been generally re-written and updated to reflect legislative changes.)
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[[Image:236.16 ODA1.jpg|right|350px]]
 
[[Image:236.16 ODA1.jpg|right|350px]]
The Missouri Department of Transportation (MoDOT) is responsible for regulating off-premises outdoor advertising adjacent to controlled travelways (see [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Outdoor%20Advertising%20Area%20Map.pdf map] or [[media:236.16 Billboard Controlled Routes.pdf|description]]); which includes the National Highway System, the interstate system and highways classified as Federal Aid Primary as of June 1, 1991.  MoDOT is required to regulate the location, sizing, spacing and lighting of outdoor advertising signs.  The advertising message and content of off-premises signs is not regulated.  The Federal Highway Beautification Act of 1965 requires MoDOT to regulate outdoor advertising under [http://www.access.gpo.gov/nara/cfr/waisidx_03/23cfr750_03.html 23 CFR Section 750]. Additionally, Missouri’s rules and regulations regarding the control of outdoor advertising are located in RSMo Sections [http://www.moga.mo.gov/STATUTES/C226.HTM 226.500 to 226.600] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6]. Local governments may have their own ordinances that can be more restrictive than state outdoor advertising regulations. There are three types of advertising addressed by this law:
+
The Federal Highway Beautification Act of 1965 requires MoDOT to regulate outdoor advertising under [http://www.gpo.gov/fdsys/pkg/CFR-2003-title23-vol1/content-detail.html 23 CFR Section 750]. Missouri’s rules and regulations regarding the control of outdoor advertising are located in [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.500 to 226.600] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6]. MoDOT is required to regulate the location, size, spacing and lighting of outdoor advertising signs. Municipalities may enact ordinances that are more restrictive than state outdoor advertising regulations.  
  
:*outdoor advertising,
+
In order to maintain effective control of outdoor advertising, an inventory system is maintained in MoDOT's [http://tmshome/TMS/TMS.html Transportation Management System (TMS)]. This allows staff to directly link to relevant MoDOT applications; easily update and manage sign traits; attach and view photos and correspondence; and generate template correspondence and reports.  
:*directional and other official signs,
 
:*on-premises signs.
 
  
In order to maintain effective control of outdoor advertising, an inventory system is maintained in MoDOT's [http://tmshome Transportation Management System (TMS)].  This  allows users to directly link to relevant MoDOT applications, easily update and manage sign traits, attach and view photos and correspondence, and generate template correspondence and reports.
+
Failure to provide effective control of outdoor advertising could cause the State of Missouri to lose up to ten (10) percent of its annual share of Federal Highway Administration construction money as provided in 23 USC 131 (b) and [http://epg.modot.org/files/e/e9/236.16_Federal-State_Agreement.pdf Missouri's federal-state agreement] between MoDOT and the Federal Highway Administration dated February 22, 1972.  
 
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{|style="padding: 0.3em; margin-left:15px; border: 2px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5" width="480px" align="right"   
Failure to provide effective control of outdoor advertising could cause the State of Missouri to lose up to 10% of its annual share of Federal Highway construction money as provided in 23 USC 131 (b) and [[media:236.16 Federal-State Agreement.pdf|Missouri's federal-state agreement]] between MoDOT and the Federal Highway Administration dated February 22, 1972.
 
 
 
Additional information concerning the Outdoor Advertising Program can be found in [[236.3 Administration#236.3.9 Nonconforming Outdoor Advertising Acquisition Program|EPG 236.3.9 Nonconforming Outdoor Advertising Acquisition Program]].
 
 
{|style="padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5" width="380px" align="right"   
 
 
|-   
 
|-   
|colspan="2"|<center>'''Forms'''</center>
+
|colspan="2"|<center>'''Correspondence'''</center>
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Request%20for%20Admin%20Review.pdf Administrative Review Request]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/ODA%20Profile%20Report.pdf Advertising Profile Report]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ADMINISTRATIVE%20REVIEW%20REQUEST.pdf Administrative Review Request] || [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/AMENDED%20PERMIT%20COVER.pdf Amended Permit]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Application%20for%20Outdoor%20Advertising%20Vegetation%20Permit.pdf Application for Outdoor Advertising Vegetation Permit]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Application%20Letter.pdf Application Letter]
+
| [[media:236.16 Amended Permit Cover 2014.pdf|Amended Permit Cover]] || [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/BIENNIAL%20PERMIT%20COVER.pdf Biennial Permit Cover]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/BIENNIALPERMITCOVER.dot Biennial Permit Cover]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Billboard%20Illegal%20Profile%20Sheet.pdf Billboard Illegal Prof Sheet]
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| [[media:236.16 Courtesy Conforming Out Of Standard Damaged 2014.pdf|Courtesy Conforming Out Of Standard Damaged]] || [[media:236.16 Courtesy Nonconforming Damaged 2014.pdf|Courtesy Nonconforming Damaged]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Billboard%20Route%20No%20Longer%20Controlled.pdf Billboard Not Controlled]||[[media:236.16 ODA Map 2014.pdf|Controlled Travelways Map]]
+
| [[media:236.16 Courtesy Obsolete Ad or No Ad 2014.pdf|Courtesy Obsolete Ad or No Ad]] || [[media:236.16 Cutout Extension Expire 2014.pdf|Cutout Extension Expire]]
 
|-
 
|-
|[[media:236.16 Billboard Controlled Routes.pdf|Controlled Travelways Description]]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Courtesy%20Damaged%2050.pdf Courtesy Damaged 50%]
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| [[media:236.16 Cutout Extension Request 2014.pdf|Cutout Extension Request]] || [[media:236.16 Digital Box Request 2014.pdf|Digital Box Request]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Courtesy%20Illegal%20Add%20Bracing.pdf Courtesy Illegal Add Bracing]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Courtesy%20Illegal%20Add%20Face.pdf Courtesy Illegal Add Face]
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| [[media:236.16 Digital Upgrade Approval 2014.pdf|Digital Upgrade Approval]] || [[media:236.16 Digital Upgrade Denial 2014.pdf|Digital Upgrade Denial]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Courtesy%20Illegal%20Fill%20In%20Stacked.pdf Courtesy Illegal Fill Stacked]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Courtesy%20No%20Ad.pdf Courtesy No Ad]
+
| [[media:236.16 Digital Upgrade Expire 2014.pdf|Digital Upgrade Expire]] || [[media:236.16 Illegal Can't Be Permitted 1st Notice 2014.pdf|Illegal Can't Be Permitted 1<sup>st</sup> Notice]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Cutout%20Extension.pdf Cutout Extension]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Cutout%20Extension%20Expire.pdf Cutout Extension Expire]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20CANT%20BE%20PERMITTED%202ND%20NOTICE.pdf Illegal Can't Be Permitted 2<sup>nd</sup> Notice] || [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20COULD%20BE%20PERMITTED%201ST%20NOTICE.pdf Illegal Could Be Permitted 1<sup>st</sup> Notice]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Illegal%20Cant%20Be%20Permitted.pdf Illegal Cannot be Permitted]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Illegal%20Could%20Be%20Permitted.pdf Illegal Could be Permitted]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20COULD%20BE%20PERMITTED%202ND%20NOTICE.pdf Illegal Could Be Permitted 2<sup>nd</sup> Notice] || [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20EXEMPT.pdf Illegal Exempt]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Illegal%20Exempt.pdf Illegal Exempt]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Illegal%20Exempt%20Unknown.pdf Illegal Exempt Unknown]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20EXEMPT%20UNKNOWN.pdf Illegal Exempt Unknown] || [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20ON%20PREMISE%20REMOVAL.pdf Illegal on Premise Removal]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/NEW%20PERMIT.pdf New Permit]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/New%20Permit%20Cover%20Letter.pdf New Permit Cover Letter]
+
| [[media:236.16 Illegal Profile Sheet 2014.pdf|Illegal Profile Sheet]] || [[media:236.16 MAP 21 Notification 2014.jpg|MAP 21 Notification]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/NEW%20ROUTE.pdf New Route]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20of%20Withdrawal.pdf Notice of Withdrawal (OAN-15)]
+
| [[media:236.16 MAP 21 Notification Exempt 2014.jpg|MAP 21 Notification Exempt]] || [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/NEW%20PERMIT.pdf New Permit]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Note to Remove]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Note to Terminate]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/NEW%20PERMIT%20COVER.pdf New Permit Cover] || [[media:236.16 Notice to Landowner 2014.jpg|Notice to Landowner]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Void%20Permit.pdf Note to Void]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Property%20Owner.pdf Notice Property Owner]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/NOTICE%20TO%20REMOVE%20COVER-LANDOWNER.pdf Notice to Remove Cover-Landowner] || [[media:236.16 Notice to Remove Cover Owner 2014.jpg|Notice to Remove Cover-Owner]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove%20Cover%20Land%20Owner.pdf Notice to Remove Cover Land Owner]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove%20Cover%20Letter.pdf Notice to Remove Cover Letter]
+
| [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] || [[media:236.16 Notice to Sign Owner 2014.jpg|Notice to Sign Owner]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Sign%20Owner.pdf Notice Sign Owner]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate%20Cover%20Land%20Owner.pdf Notice to Terminate Cover Land Owner]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/NOTICE%20TO%20TERMINATE%20COVER%20LANDOWNER.pdf Notice to Terminate Cover-Landowner] || [[media:236.16 Notice to Terminate Cover Owner 2014.jpg|Notice to Terminate Cover-Owner]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate%20Cover%20Letter.pdf Notice to Terminate Cover Letter]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Void%20Cover%20Letter.pdf Notice to Void Cover Letter]
+
| [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising] || [[media:236.16 Notice to Void Cover 2014.jpg|Notice of Void Cover]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Transfer%20or%20Biennial%20Permit.pdf ODA Permit]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Application%20For%20Permit%20to%20Erect%20and%20or%20Maintain%20Outdoor%20Advertising.pdf Outdoor Advertising Permit Application]
+
| [[media:236.16 Notice of Void Permit 2014.jpg|Notice of Void Permit]|| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/NOTICE%20OF%20WITHDRAWAL.pdf Notice of Withdrawal]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Application%20for%20Transfer%20of%20Outdoor%20Advertising%20Permit.pdf Permit Transfer Application]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/On%20Premise%20Removal.pdf On Premise Removal]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ODA%20PROFILE%20REPORT.pdf ODA Profile Report] || [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/REJECT%20APPLICATION%20COVER.pdf Reject Application-Cover]
 
|-
 
|-
|[http://epg.modot.mo.gov/forms/RW/Chapter%2016_Outdoor%20Advertising/Unzoned%20Qualifying%20Business%20Checklist.dot Qualifying Business Checklist]||[http://www.modot.mo.gov/about/RecordsRequest.htm Records Request Questionnaire]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/REJECT%20TRANSFER%20COVER.pdf Reject Transfer-Cover] || [[media:236.16 Reject Vegetation Cover 2014.jpg|Reject Vegetation-Cover]]  
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Reject%20Application%20Cover%20Letter.pdf Reject Application Cover]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Reject%20Transfer%20Cover%20Letter.pdf Reject Transfer Cover]
+
| [[media:236.16 Repair Letter Conforming 2014.jpg|Repair Letter Conforming]] || [[media:236.16 Repair Letter Conforming Out of Standard 2014.jpg|Repair Letter Conforming Out of Standard]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Reject%20Vegetation%20Application.pdf Rejection Vegetation Application]||[[media:Reject Veg.doc|Reject Veg]]
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| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/REPAIR%20LETTER%20NONCONFORMING.pdf Repair Letter Nonconforming] || [[media:236.16 Route No Longer Controlled 2014.jpg|Route No Longer Controlled]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Release%20Letter.pdf Release Letter]||[[media:Remove Cover.doc|Remove Cover]]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/SIGN%20STATUS%20IS%20CONFORMING%20OUT%20OF%20STANDARD.pdf Sign Status Conforming Out of Standard] || [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/SIGN%20STATUS%20IS%20NONCONFORMING.pdf Sign Status Nonconforming]
 
|-
 
|-
|[[media:Remove Cover 2.doc|Remove Cover 2]]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Repair%20Conf%20and%20Exempt.pdf Repair Conf Exempt]
+
| [[media:236.16 Signature to Void Permit 2014.jpg|Signature to Void Permit]] || [[media:236.16 Transfer or Biennial Permit 2014.jpg|Transfer or Biennial Permit]]  
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Repair%20Letter%20Nonconf.pdf Repair Letter Nonconf]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Response%20to%20Premise%20Sign.pdf Response to On Premise]
+
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/TRANSFER%20PERMIT%20COVER.pdf Transfer Permit Cover] || [[media:236.16 Vegetation Fee 2014.jpg|Vegetation Fee]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Sign%20Status%20is%20Non%20Conforming.pdf Sign Status]
+
| [[media:236.16 Vegetation Permit 2014.pdf|Vegetation Permit]] || [[media:236.16 Vegetation Permit Cover 2014.jpg|Vegetation Permit Cover]]
||[[media:Terminate Cover.doc|Terminate Cover]]
 
 
|-
 
|-
|[[media:Terminate Cover 2.doc|Terminate Cover 2]]||[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Transfer%20Permit%20Cover%20Letter.pdf Transfer Permit Cover]
+
|colspan="2"|<center>'''Forms'''</center>
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Veg%20Fee%20Letter.pdf Veg Fee Letter]||[[media:236.16 Vegetation Permit.pdf|Vegetation Permit]]
+
| [http://modot.org/business/Outdoor_Advertising/documents/FormFillApplicationtoerectODA.pdf Application for Permit to Erect and/or Maintain Outdoor Advertising] || [http://modot.org/business/Outdoor_Advertising/documents/ApplicationForTransferofOutdoorAdvertisingPermit.pdf Application for Transfer of Outdoor Advertising Permit(s)]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Vegetation%20Permit%20Cover.pdf Veg Permit Cover]||[[media:Void Cover.doc|Void Cover]]
+
| [http://modot.org/business/Outdoor_Advertising/documents/ApplicationForOutdoorAdvertisingVegetationPermit.pdf Application for Outdoor Advertising Vegetation Permit] ||
 
|-
 
|-
 
|colspan="2"|<center>'''Additional Information'''</center>
 
|colspan="2"|<center>'''Additional Information'''</center>
 
|-
 
|-
|[[media:236.16 Billboard Diagram.pdf|Billboard Diagram]]||[[media:236.16 County Billing Cycle Chart.pdf|County Billing Cycle Chart]]
+
|[[media:236.16 Billboard Diagram 2014.pdf|Billboard Diagram]] ||[[media:236.16 County Billing Cycle.pdf|County Billing Cycle Chart]]
 
|-
 
|-
|[[media:236.16 Directional Sign Chart.pdf|Directional Sign Chart]]||[[media:236.16.Freeway Primary Diagram.pdf|Freeway/Primary Diagram]]
+
|[[media:236.16 Types of Outdoor Advertising Chart.pdf|Types of Outdoor Advertising Chart]] ||[[media:236.16 Freeway Primary Diagram.pdf|Freeway/Primary Diagram]]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Outdoor%20Advertising%20Area%20Map.pdf Outdoor Advertising Area Map]||[http://www.modot.org/business/outdoor_advertising/ Outdoor Advertising's internet site]
+
|[http://www.modot.org/business/outdoor_advertising/documents/BillboardLocationDiagrams.pdf Location Diagrams] ||[http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Outdoor%20Advertising%20Area%20Map.pdf Outdoor Advertising Area Map]
 
|-
 
|-
|[http://www.modot.org/business/outdoor_advertising/documents/BillboardLocationDiagrams.pdf Location Diagrams]||[http://epg.modot.mo.gov/forms/RW/Chapter%2016_Outdoor%20Advertising/scanning%20procedure.doc  Scanning Procedures]
+
|[http://www.modot.org/business/Outdoor_Advertising/index.htm Outdoor Advertising Internet Site] ||[http://www.modot.org/business/documents/PerformanceBondForm.pdf Performance Bond]
 
|-
 
|-
|colspan="2"|[http://modot.org/business/Outdoor_Advertising/documents/ODAbookletfori-nets.pdf Outdoor Advertising Regulation Booklet]||
+
|[[media:236.16 Qualifying Business Checklist.pdf|Qualifying Business Checklist]] || [http://www.modot.org/about/RecordsRequest.htm Records Request Questionnaire]
 +
|-
 +
|[[media:236.16 Tree Pruning Chart.pdf|Tree Pruning Chart]] || [[#236.16.15.4 Cutting of Vegetation|Vegetation Fee Schedule Chart]]
 
|-
 
|-
 
|colspan="2"|<center>'''E-Newsletter'''</center>
 
|colspan="2"|<center>'''E-Newsletter'''</center>
 
|-
 
|-
|colspan="2"|[http://modot.org/business/Outdoor_Advertising/TheOutdoorAdvertiser.htm The Outdoor Advertiser]
+
| [http://www.modot.org/business/Outdoor_Advertising/TheOutdoorAdvertiser.htm The Outdoor Advertiser] ||
 +
|-
 +
|colspan="2"|<center>'''Brochures'''</center>
 +
|-
 +
| [http://modot.org/business/Outdoor_Advertising/documents/DirectionalServiceClubandReligiousSignspublication.pdf Directional, Service Club and Religious Signs] || [http://modot.org/business/Outdoor_Advertising/documents/ODAbooklet_andcoverfori-nets.pdf State of Missouri’s Rules Governing Outdoor Advertising]
 +
|-
 +
| [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/ODA%20Brochures%20and%20Booklets/Billboards/CURRENT%20Publications/Missouri%20Outdoor%20Advertising%20Rules%20and%20Regulations%20Brochure.pdf Outdoor Advertising Rules and Regulations] || [http://modot.org/business/Outdoor_Advertising/documents/Announcinganewserviceflyer.pdf Payment Options]
 +
|-
 +
|colspan="2"|<center>'''Controlled Routes'''</center>
 
|-
 
|-
|colspan="2"|<center>'''ODA Brochure'''</center>
+
| [http://modot.org/business/Outdoor_Advertising/documents/ODAControlledTravelwaysMap04.02.2014.pdf Billboard Controlled Routes Map] || [http://modot.org/business/Outdoor_Advertising/BillboardControlledTravelwayMapbyCounty.htm Billboard Controlled Routes Map by County]
 
|-
 
|-
|colspan="2"|The [http://modot.org/business/Outdoor_Advertising/documents/ODABrochure01.2014.pdf Outdoor Advertising Rules and Regulations brochure] highlights guidance for application, permit requirements, sign construction, maintenance, nonconforming status, cutting and trimming of vegetation, cutoff and extensions, billing transfers and address changes.
+
| [http://modot.org/business/Outdoor_Advertising/documents/BillboardControlledRoutes3.20.14.pdf Billboard Controlled Routes Report] ||
 
|}
 
|}
 
  
 
==236.16.1 General Information==
 
==236.16.1 General Information==
  
 
===236.16.1.1 Reason===
 
===236.16.1.1 Reason===
 
+
Procedures have been established to enable outdoor advertising staff to be informed and able to perform their duties in a skillful manner.  Each employee is a professional and must accomplish assigned duties in a proficient manner.  
Procedures have been established to enable Outdoor Advertising staff to be completely informed and able to perform their duties in a skillful manner.  Each employee is a professional and must accomplish assigned duties in a proficient manner.
 
  
 
===236.16.1.2 Scope===
 
===236.16.1.2 Scope===
 
 
This procedure guide contains the regulations, requirements and procedural directives governing the operations of outdoor advertising control and will be updated and amended as needed.
 
This procedure guide contains the regulations, requirements and procedural directives governing the operations of outdoor advertising control and will be updated and amended as needed.
  
 
===236.16.1.3 Purpose===
 
===236.16.1.3 Purpose===
 
+
This article is to be used as the policy and procedure guide for MoDOT.  The contents establish a uniform method for completing each phase of the outdoor advertising process.  Authority to deviate from the prescribed policy should be obtained from the outdoor advertising manager.
This article is to be used as the policy and procedure guide for MoDOT.  The contents establish a uniform method for completing each phase of the outdoor advertising and junkyard process.  Written authority to deviate from the prescribed policy must be obtained from the Outdoor Advertising Manager.
 
  
 
===236.16.1.4 One Standard of Operation===
 
===236.16.1.4 One Standard of Operation===
 
+
MoDOT has only one standard of operation, which is applicable for all outdoor advertising processes.
MoDOT has only one standard of operation, which is applicable for all outdoor advertising and junkyard processes.
 
  
 
===236.16.1.5 Federal Regulations===
 
===236.16.1.5 Federal Regulations===
 
+
Federal regulations governing outdoor advertising are located in [http://www.gpo.gov/fdsys/pkg/CFR-2003-title23-vol1/content-detail.html 23 CFR Section 750]. The Federal Highway Administration and MoDOT work cooperatively to ensure federal requirements are met to avoid loss of construction money.  
Federal regulations governing outdoor advertising are found in [http://www.access.gpo.gov/nara/cfr/waisidx_03/23cfr750_03.html 23 CFR Section 750] (Code of Federal Regulations).
 
 
 
===236.16.1.6 FHWA--State Relationship===
 
 
 
The Federal Highway Administration and MoDOT work cooperatively to ensure federal requirements are met to avoid loss of Federal Highway Administration construction money.  The Federal Highway Administration is not intended to be a policing agency for outdoor advertising; they should assist MoDOT in meeting federal requirements.
 
  
 
==236.16.2 Organization & Personnel==
 
==236.16.2 Organization & Personnel==
  
The role of MoDOT's outdoor advertising staff is to promote consistent business practices for the control of outdoor advertising. This effort is achieved through cooperation with the Federal Highway Administration, industry, public and other state and city organizations, as well as MoDOT partnering divisions.
+
The role of MoDOT's outdoor advertising staff is to promote consistent business practices for the control of outdoor advertising. This effort is achieved through cooperation with the industry, public and other federal, state and city organizations, as well as MoDOT partnering divisions.  
  
MoDOT is given the authority to regulate outdoor advertising in accordance with [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.500 to 226.600], and junkyards in accordance with [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.650 to 226.720].  An inventory system for outdoor advertising and junkyards is maintained in [[:Category:145 Transportation Management Systems (TMS)|Transportation Management System (TMS)]].
+
The Outdoor Advertising Central Office is located in Jefferson City, Missouri, with [http://modot.org/business/outdoor_advertising/contact_us.htm six area specialists located throughout the state] to best serve our customers. Activities outlined in the following portions of this article should be undertaken by each outdoor advertising employee.  
 
 
<div id="The Outdoor Advertising Central Office is located in Jefferson City"></div>
 
The Outdoor Advertising Central Office is located in Jefferson City, Missouri with 6 area specialists  [http://modot.org/business/outdoor_advertising/contact_us.htm located throughout the state] to best serve our customers. Activities outlined in the following portions of this article and in [[236.17 Junkyards|EPG 236.17 Junkyards]] shall be undertaken by each Outdoor Advertising employee.
 
  
 
[[Image:236.16.2 map 2013.jpg|center|900px]]
 
[[Image:236.16.2 map 2013.jpg|center|900px]]
Line 214: Line 203:
  
  
Applications, outdoor advertising brochures, junkyard brochures, and other information can be acquired through the central office, the area offices or [http://www.modot.org/business/Outdoor_Advertising/index.htm MoDOT’s Outdoor Advertising website]. Completed applications can be mailed or hand delivered to the address listed above for the corresponding county where the sign or junkyard is located.
+
Applications, brochures and other information can be acquired through the central office, area offices or [http://www.modot.org/business/Outdoor_Advertising/index.htm MoDOT’s outdoor advertising website]. Completed applications can be mailed or hand delivered to the address listed above for the applicable county.
 +
 
 +
==236.16.3 Controlled Routes==
 +
 
 +
MoDOT is responsible for regulating outdoor advertising adjacent to the Interstate System, National Highway System (NHS) and highways classified as Federal Aid Primary as of June 1, 1991 (FAP-1991). (Refer to the [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Outdoor%20Advertising%20Area%20Map.pdf map], [http://modot.org/business/Outdoor_Advertising/BillboardControlledTravelwayMapbyCounty.htm county map] or [[media:236.16 Billboard Controlled Routes.pdf|description]]). 
 +
 
 +
On October 1, 2012, the federal transportation reauthorization act, [http://www.fhwa.dot.gov/map21/ Moving Ahead for Progress in the 21<sup>st</sup> Century (MAP 21)] became effective, modifying the routes that are classified as part of the enhanced NHS.  Off-premises signs located along these routes prior to October 1, 2012, will be grandfathered and required to obtain an outdoor advertising permit from MoDOT (see [[#236.16.10.1 Adding Controlled Routes|EPG 236.16.10.1 Adding Controlled Routes]]).  After October 1, 2012, off-premises advertising along these routes shall meet current permit requirements and obtain a permit from MoDOT prior to erection (see [[#236.16.5 Permitting Outdoor Advertising|EPG 236.16.5 Permitting Outdoor Advertising]]).
 +
 
 +
Routes classified as FAP-1991, will continue to be regulated for the control of outdoor advertising regardless of owner or functional classification changes. 
 +
 
 +
Based on changes made to functional classifications, routes classified as NHS that are not classified as FAP-1991, may be added or removed for the control of outdoor advertising. 
 +
 
 +
MoDOT Transportation Planning, with approval from the Federal Highway Administration, determines this information (see [[#236.16.10 Adding or Removing Controlled Routes|EPG 236.16.10 Adding or Removing Controlled Routes]]).
 +
 
 +
==236.16.4 Types of Outdoor Advertising==
 +
 
 +
MoDOT is responsible for regulating outdoor advertising adjacent to [[#236.16.3 Controlled Routes|controlled routes]].  Off-premises signs located along these routes are required to obtain and maintain an outdoor advertising permit from MoDOT.  On-premises signs are not required to meet the permit requirements or obtain a permit from MoDOT. The [[media:236.16 Types of Outdoor Advertising Chart.pdf|Types of Outdoor Advertising Chart]] may be referenced when determining the type of outdoor advertising. 
 +
 
 +
There are three types of outdoor advertising:
 +
 
 +
:* Billboard Signs
 +
:* Directional Signs
 +
:* Service Club and Religious Signs
 +
 
 +
===236.16.4.1 Billboard Signs===
 +
A billboard is outdoor advertising that displays products or services that are not available at the sign location.  Billboard signs require a $200 application fee with $100 biennial renewal fees. Standards for billboard signs are located in RSMo Section 225.540 and 7 CSR 10-6.040.
 +
[[Image:236.16.3.3 ODA3.jpg|right|250px]]
 +
 
 +
===236.16.4.2 Directional Signs===
 +
Directional signs are signs containing directional information that have been determined to be of interest to the traveling public.  Applications for new directional signs are reviewed by the outdoor advertising manager for approval. Outdoor advertising that meets the directional criteria requires a $200 application fee with $100 biennial renewal fees.  Standards for directional signs are located in RSMo Section 226.520 and 7 CSR 10-6.020.
 +
 
 +
===236.16.4.3 Service Club and Religious Signs===
 +
[[Image:236.16.3.4 ODA2.jpg|right|350px]]
 +
Service club and religious notices are signs and notices relating to meetings of nonprofit service clubs, charitable associations, educational institutions, or religious services.  These signs are issued to the club or organization and cannot bear an advertising message. 
 +
 
 +
If the size of the sign face is thirty-two (32) square feet or less, the sign may be permitted without payment of fees and does not have to meet spacing or location requirements.
 +
 
 +
If the size of the sign face is greater than thirty-two (32) square feet, but seventy-six (76) square feet or less, the sign may be granted a permit without payment of fees; however, it is required to meet spacing and location requirements. 
 +
 
 +
If the size of the sign face is greater than seventy-six (76) square feet and less than eight hundred (800) square feet, the sign will be classified as a billboard and meet all statutory spacing and location requirements.  These signs require a $200 application fee with $100 biennial renewal fees (see [[#236.16.4.1 Billboard Signs|EPG 236.16.4.1 Billboard Signs]]).
 +
 
 +
==236.16.5 Permitting Outdoor Advertising==
 +
 
 +
This procedure provides guidance for the permitting process of outdoor advertising in accordance with [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.500 to 226.600] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6]. 
 +
 
 +
===236.16.5.1 Application Process===
 +
Upon receipt of an [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Outdoor%20Advertising%20Permit%20Application.pdf Application for Permit to Erect or Maintain Outdoor Advertising], the following procedures apply:
 +
 
 +
* The application should be time and date stamped. If two or more applications are received at the same time or the time/date cannot be distinguished, the area specialist should contact the outdoor advertising manager for direction. In general, the time/date stamp or postmark dictates the order the applications are accepted for review.
 +
 
 +
* The information provided on the application, including involved party information, should be entered and assigned a transaction number with status “RECORDED” with reason “PENDING”; and appropriate permit type (see [[#236.16.4 Types of Outdoor Advertising|EPG 236.16.4 Types of Outdoor Advertising]]), status “RECORDED” with reason “PENDING INSPECTION”. 
 +
 
 +
* The application fee shall be forwarded to the Financial Services Office for deposit (see [[#236.16.24 Financial Transactions|EPG 236.16.24 Financial Transactions]]).
 +
 
 +
* Outdoor advertising permit applications will be reviewed in the order received within ten (10) working days.
 +
 
 +
* If clarification of an item is necessary, a phone call may be placed to obtain clarification. The conversation may be documented in the comment section. If written clarification is necessary, the applicant may be given an appropriate deadline of not more than ten (10) working days to respond.
 +
 
 +
* If the application is incomplete, it may be rejected (see [[#236.16.5.5 Denying a New Permit|EPG 236.16.5.5 Denying a New Permit]]).
  
==236.16.3 Permitting of signs==
+
* The area specialist should perform a [[#236.16.8.1 Site Inspection|site inspection]] and enter this information into TMS.
  
This procedure provides guidance for the permitting process of off-premises outdoor advertising structures in accordance with [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.500 to 226.600].
+
Original applications that have been resubmitted should be entered under the original transaction number with permit status of “RESUBMITTED” and reason “RESEARCH”.
  
Outdoor advertising signs located adjacent to controlled routes are required to maintain a permit with MoDOT. Newly erected sign structures must meet the current statutes and regulations prior to issuance of a permit.
+
===236.16.5.2 Moratorium of New Outdoor Advertising Permits===
 +
In accordance with RSMo Section 226.541 and 7 CSR 10-6.040 (6), a moratorium of new outdoor advertising permits will be imposed within the outdoor advertising control area for that section of highway scheduled for construction or reconstruction where funding for right of way acquisition is approved by the Missouri Highways and Transportation Commission under the [[121.3 The Statewide Transportation Improvement Program (STIP)|Statewide Transportation Improvement Program (STIP)]].
  
Upon receipt of a new [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Outdoor%20Advertising%20Permit%20Application.pdf Application for Permit to Erect or Maintain Outdoor Advertising,] the following procedures will apply:
+
Area specialists should be familiar with STIP projects in their respective area.  Applications that meet the moratorium requirements shall be rejected (see [[#236.16.5.5 Denying a New Permit|EPG 236.16.5.5 Denying a New Permit]]). 
  
:*The application will be time and date stamped. If two or more outdoor advertising permit applications are received at the same time or the time/date cannot be distinguished, the area specialist shall contact the outdoor advertising manager for direction. In general, the time/date stamp or postmark shall dictate the order the applications are accepted for review.
+
===236.16.5.3 Outdoor Advertising Prohibited Adjacent to Scenic Byways===
 +
In accordance with 7 CSR 10-12.030 (12), no new outdoor advertising devices, with the exception of directional and service club and religious type signs, are allowed adjacent to highways designated as scenic byways. Areas zoned commercial or industrial at the time of designation shall not be considered scenic byways. Billboard type applications in areas adjacent to a scenic byway should be rejected (see [[#236.16.5.5 Denying a New Permit|EPG 236.16.5.5 Denying a New Permit]]).
  
:*The outdoor advertising application information, including involved party information, shall be entered in [[:Category:145 Transportation Management Systems (TMS)|TMS]]Application fees shall be sent to the Financial Services Office for deposit (See [[236.16 Outdoor Advertising#236.16.3.1 Processing Financial Transactions|Processing Financial Transactions]]).
+
===236.16.5.4 Issuing a New Permit===
 +
If the application and site inspection meet the requirements, a permit shall be issuedThe permit status shall be changed to “ACCEPTED” with reason “COMPLIANT” and the [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/NEW%20PERMIT.pdf New Permit] and [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/NEW%20PERMIT%20COVER.pdf New Permit Cover] generated and sent to the permit owner. The permit and the application, along with the supporting documentation, should be attached in TMS and maintained in file storage.
  
:*New outdoor advertising permit applications will be reviewed for completeness in the order they were receivedA complete application shall include: all information necessary to process the application; $200.00 application fee, unless exempt; and notarized signature by the applicant on the back of the outdoor advertising permit application.
+
===236.16.5.5 Denying a New Permit===
 +
If the application and / or site inspection does not meet the requirements, the application should be rejected.  The permit status shall be changed to “REJECTED” with the appropriate reason and the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/REJECT%20APPLICATION%20COVER.pdf Reject Application Cover] generated explaining the reason(s) for the rejection.  Additional information regarding the rejection may be documented in the comment sectionThe rejection letter, along with the application and supporting documentation should be attached in TMS and maintained in file storage. The original application and supporting documentation should be returned to the applicant with the rejection letter.  A refund of the application fee shall be requested through the Financial Services Office (see [[#236.16.24.1 Request for Refund|EPG 236.16.24.1 Request for Refund]]). 
  
:*If the application is complete but clarification of an item is needed, a phone call may be placed to obtain clarification. The conversation must be documented in the comment section of TMS.  If written clarification from the applicant is necessary, the applicant shall be given an appropriate deadline of not more than 10 days to respond.
+
In accordance with 7 CSR 10-6.070 (5), if an application is rejected, the applicant shall have twenty (20) working days to request in writing an [[#236.16.18.1 Informal Hearing|informal hearing]] for the purpose of appealing the rejection.
  
:*If incomplete, the application shall be rejected and the [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Reject%20Application%20Cover%20Letter.pdf Reject Application Cover letter] will be generated in TMS explaining the reason(s) for rejection.  The original application and supporting documentation received shall be returned to the applicant. The application and all supporting documentation shall be scanned and attached in TMS.  Documentation of the rejection shall be made in the comments section in TMS.  A copy of the incomplete application and rejection letter shall be kept on file for 5 years.  (See [[236.16 Outdoor Advertising#236.16.3.7 Processing a Denial of an Outdoor Advertising Permit Application |Processing a Denial]].)
+
==236.16.6 Permit Renewal==
  
The area specialist shall perform the site inspection.  (See [[236.16 Outdoor Advertising#236.16.3.2 Inspecting A NEW Location for an Outdoor Advertising Permit – Billboard Type (See 7 CSR10-6.040 RSMo)|EPG 236.16.3.2 Inspecting A NEW Location for an Outdoor Advertising Permit – Billboard Type]]).  If all of the qualifications are met, a permit will be issued. The application, along with all supporting documentation, shall be scanned and attached to the appropriate permit number in TMS. (See [[236.16 Outdoor Advertising#236.16.3.5 Issuing a New Permit|Issuing a New Permit]].)
+
This procedure provides guidance for the biennial sign inspection process and the renewal of permits pursuant to RSMo Section 226.550 and 7 CSR 106.070.
  
===236.16.3.1 Processing Financial Transactions===
+
Newly issued permits are renewed two (2) years after the initial anniversary date.  Following the two (2) year anniversary date, newly issued permits are pro-rated and placed in their respective county.  Permitted signs are inspected during the same month biennially by county (see [[media:236.16 County Billing Cycle Chart.pdf|County Billing Cycle Chart]]).
{|style="padding: 0.3em; margin-left:15px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5" width="160px" align="right"
+
 
|-
+
Between the 1<sup>st</sup> and 6<sup>th</sup> of each month, area specialists run the report “Biennial Permits Due by Area by County” or “Biennial Permits Due by Area and Name” to determine which permits are due for inspection.  Prior to the end of the month, the specialist runs the report “Transactions without Inspections” to ensure all permits have been inspected. (Note: permits that do not require a biennial fee and have not been inspected will not appear on this report).
|'''[http://contribute.modot.mo.gov/business/Outdoor_Advertising/documents/Announcinganewserviceflyer.pdf New Payment Options]'''
+
 
|}
+
All controlled routes in the county(s) due should be traveled for unauthorized illegal sign activity during the biennial inspection sixty (60) day time window.  Unauthorized illegal sign activity should be documented and entered in TMS (see [[#236.16.16 Unauthorized Illegal Outdoor Advertising|EPG 236.16.16 Unauthorized Illegal Outdoor Advertising]]). 
Fees may be received within each area office or in the Central OfficeChecks received in the Financial Services Office will be attached to a transmittal form and routed to the outdoor advertising area office.  The outdoor advertising area office will complete the transmittal (date, district, reason for payment, permit number) and return the transmittal to the Financial Services Office. All fees shall be deposited the same day as received.
+
 
 +
The [[#236.16.8.3 Biennial Inspection|biennial inspection]], including comments, changes and photos, should be entered within the sixty (60) day inspection window.  Permits that have a passing biennial inspection will be included in the billing cycle.  Invoices are created in the Financial Services Office and mailed directly to the permit owner (see [[#236.16.24.3 Biennial Renewal Fees|EPG 236.16.24.3 Biennial Renewal Fees]]). 
 +
 
 +
The technician runs the monthly report “Cash Receipts” and generate the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/BIENNIAL%20PERMIT%20COVER.pdf Biennial Permit Cover] and Biennial Permit for permits with a biennial payment.  The cover letter and permit should be sent to the permit owner. 
 +
 
 +
The technician runs the monthly report “Exempt Permits Due by Area by County” and generate the Biennial Permit Cover and Biennial Permit for permits that do not require a biennial fee.
 +
 
 +
Newly issued permits that were not built within the two (2) year time-frame shall be voided (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
 +
 
 +
==236.16.7 Status of Permitted Outdoor Advertising==
 +
 
 +
Permitted outdoor advertising signs are classified as recorded, conforming, conforming out of standard, nonconforming, or illegal based on current statutory and administrative rule requirements for outdoor advertising.
 +
 
 +
The sign status should be updated during the inspection process and as required.  Permit owners should contact the area pecialist prior to making any structural changes to a sign to ensure compliance. 
 +
 
 +
===236.16.7.1 Recorded ===
 +
Upon receiving an [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Outdoor%20Advertising%20Permit%20Application.pdf Application for Permit to Erect or Maintain Outdoor Advertising], the status for the transaction is classified as recorded.  Transactions that are accepted remain in recorded status until such time the sign is completely constructed within the two (2) year time-frame.  If the sign is completely constructed within the time-frame, the sign status should be changed to conforming, conforming out of standard, nonconforming or illegal pursuant to [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.500 to 226.600] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6].
 +
 
 +
===236.16.7.2 Conforming ===
 +
A permitted sign is classified as conforming when it meets the current statutory and administrative rule requirements for outdoor advertising pursuant to [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.500 to 226.600] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6].
 +
 
 +
===236.16.7.3 Conforming Out of Standard ===
 +
A permitted sign is classified as conforming out of standard when it fails to meet the current statutory and administrative rule requirements for outdoor advertising, but currently complies with the terms of the [http://epg.modot.org/files/e/e9/236.16_Federal-State_Agreement.pdf Missouri's federal-state agreement] and meets the August 27, 1999, statutory and administrative rule requirements that governed outdoor advertising and the Highway Beautification Act of 1965. Requirements for conforming out of standard signs are located in RSMo Section 226.541, 7 CSR 10-6.040 and 7 CSR 10-6.070. 
 +
 
 +
When a permit status is changed to conforming out of standard, the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/SIGN%20STATUS%20IS%20CONFORMING%20OUT%20OF%20STANDARD.pdf Sign Status Conforming Out of Standard] should be generated and sent to the sign owner. 
 +
 
 +
===236.16.7.4 Nonconforming===
 +
A permitted sign is classified as nonconforming when it fails to comply with current outdoor advertising rules and regulationsRequirements for nonconforming signs are located in RSMo Section 226.540 and 7 CSR 10-6.060.
 +
 
 +
When a permit status is changed to nonconforming, the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/SIGN%20STATUS%20IS%20NONCONFORMING.pdf Sign Status Nonconforming] should be generated and sent to the sign owner. 
 +
 
 +
===236.16.7.5 Illegal===
 +
A permitted sign is classified as illegal when it has violated one or more current statutory and administrative rule requirements for outdoor advertising pursuant to [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.500 to 226.600] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6].
 +
 +
==236.16.8 Inspection Process==
 +
 
 +
This procedure provides guidance for the various inspection processes for outdoor advertising. The [[Field Inspection Report]],  [http://www.modot.org/business/outdoor_advertising/documents/BillboardLocationDiagrams.pdf Location Diagrams] and [[media:236.16 Freeway Primary Diagram.pdf|Freeway/Primary Diagram]] may be referenced when performing inspections.
 +
 
 +
===236.16.8.1 Site Inspection===
 +
A site inspection must be completed for each proposed location.  The following information should be reviewed during the site inspection:
 +
 
 +
'''Spacing: '''
 +
 
 +
The distance to the nearest off premise sign(s) including unbuilt permitted signs shall be measured. To qualify for a new permit, this measurement must be a minimum of one thousand four hundred (1,400) feet as measured along the nearest edge of the pavement of the controlled travelway(s) pursuant to RSMo Section 226.540 (3). 
 +
 
 +
'''Location:'''
 +
 
 +
The proposed sign location must be located within six hundred sixty (660) feet of the right of way, as measured perpendicular to the controlled travelway. The proposed location must also be within seven hundred fifty (750) feet of a qualifying business' regularly used business activity area as measured along the main traveled way of the controlled travelway.
 +
 
 +
'''Qualifying business: '''
 +
 
 +
The qualifying business must be visible and recognizable as a commercial or industrial activity. Further business requirements are located in RSMo Section 226.540 (6) and 7 CSR 10-6.040. For convenience, use the [[media:236.16 Qualifying Business Checklist.pdf|Qualifying Business Checklist]] when completing the site inspection.  
  
A copy of the transmittal shall be retained for 2 years in the outdoor advertising area office.
+
'''Zoning: '''
  
===236.16.3.2 Inspecting a NEW Location for an Outdoor Advertising Permit – Billboard Type (See [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR10-6.040 RSMo])===
+
Zoning for zoned commercial or industrial areas shall be verified. The area may not be spot or strip zoned for the sole purpose of outdoor advertising. Further zoning requirements are located in RSMo Section 226.540 (6) and 7 CSR 10-6.040).
  
'''Site Inspection'''
+
'''Spacing from ramps: '''
  
A site inspection must be completed for each proposed location and entered in [[:Category:145 Transportation Management Systems (TMS)|TMS]]. The area specialist shall document the following information during the site inspection:
+
Outside of incorporated municipalities, no sign shall be located within five hundred (500) feet of an interchange or rest area pursuant to RSMo Section 226.540 (3).  
  
:*Spacing: The distance to the nearest off premise sign(s) shall be measured.  To qualify for a new permit, this measurement must be a minimum of 1400 ft. as measured along the nearest edge of the pavement of the [[media:236.16 ODA Map 2014.pdf|controlled travelway]].  Measurements between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along the same side of the main traveled way of the controlled travelway and shall apply only to signs located on the same side of the controlled travelway involved.  The sign measurement points shall be those which yield the shortest distance between the structures including lighting fixtures, catwalks, etc., if any. (See [http://www.moga.mo.gov/statutes/C200-299/2260000540.HTM 226.540 (3)(a)a RSMo]).
+
'''Log mile: '''
  
:*Location: The proposed sign location must be located within 660 ft. of the right of way, as measured perpendicular to the controlled travelway.  The proposed location must also be within 750 ft. of a qualifying business' regularly used business activity area as measured along the main traveled way of the controlled travelway.
+
The log mile may be determined and recorded using the distance measuring device installed in the state vehicle and the appropriate county log book available on TMS.  
  
:*Qualifying business: The qualifying business must be visible and recognizable as a commercial or industrial activity.  Further business requirements are listed in [http://www.moga.mo.gov/statutes/C200-299/2260000540.HTM 226.540 (6)d, RSMo] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.040].  For convenience, use the [http://epg.modot.mo.gov/forms/RW/Chapter%2016_Outdoor%20Advertising/Unzoned%20Qualifying%20Business%20Checklist.dot Qualifying Business Checklist] when completing the site inspection.
+
The area specialist should take a photo(s) of the proposed sign location, qualifying business and upload in TMS and verify the following information:
  
:*In comprehensively zoned areas: Area Specialists shall verify zoning for zoned commercial or industrial areas.  The area may not be spot or strip zoned for the sole purpose of outdoor advertising. (See [http://www.moga.mo.gov/statutes/C200-299/2260000540.HTM 226.540 (6)d RSMo] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.040]).
+
* Location: sign location requirements were met
  
:*Spacing from ramps: Outside of incorporated municipalities, no sign shall be located within 500 ft. of an interchange or rest area. See [http://www.moga.mo.gov/statutes/C200-299/2260000540.HTM 226.540 (3)b RSMo].
+
* Spacing: sign spacing requirements were met
  
:*Log mile: The area specialist shall determine and note the log mile using the distance measuring device installed in the state vehicle and the appropriate county log book available on TMS.
+
* Zoning: sign zoning requirements were met
  
If all of the qualifications are met, a permit will be issued.  (See [[236.16 Outdoor Advertising#236.16.3.5 Issuing a New Permit|Issuing a New Permit]]).
+
* Business: enabling business requirements were met
  
===236.16.3.3 Directional or Other Official Sign Location (See [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.020])===
+
* Scenic Byway: scenic byway requirements were met
  
[[Image:236.16.3.3 ODA3.jpg|right|350px]]
+
* Moratorium: moratorium requirements were met
A directional sign application shall be reviewed in the same manner as any other outdoor advertising application.  The [[media:236.16 Directional Sign Chart.pdf|Directional Sign Chart]] may be used to determine what type and which messages are allowed.  A sketch of the message to be displayed on the sign face of a directional sign shall be enclosed with the completed application to help determine if the message meets the criteria for a directional sign permit.
 
  
Signs with messages that meet the requirements for directional signing and are 150 square ft. or less in size must be located a minimum of 2000 ft. of an interchange or intersection at grade along the interstate system or freeway primary highway (measured from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way), rest area, parkland or scenic area. Directional signs must be one mile or more apart with a maximum of three facing the same direction of travel erected along a single route. Signs located adjacent to the interstate system shall be within 75 air miles of the activity or attraction. Signs located adjacent to the primary system shall be within 50 air miles of the activity or attraction.
+
===236.16.8.2 Complete Inspection===
 +
When a permit is issued, the permit holder has two (2) years to construct the sign and affix a message. If the sign is not completed in that period, the permit shall be voided (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
  
Signs with messages that meet the directional criteria require a $200.00 application fee and a $100.00 biennial renewal fee.
+
After the sign construction is complete, a complete inspection should be conducted and entered in TMS.  
  
===236.16.3.4 Non-Profit Tax-Exempt Information Signs===
+
The area specialist should take a photo of both the front and back of the sign and upload in TMS and verify the following information:
  
[[Image:236.16.3.4 ODA2.jpg|right|350px]]
+
* Location: sign location requirements were met
Non-profit tax-exempt informational signs are signs and notices relating to meetings and locations of nonprofit service clubs, charitable associations, educational institutions, religious institutions, or any other nonprofit tax-exempt agency approved by the Outdoor Advertising Manager.
 
  
Exempt sign guidelines:
+
* Spacing: sign spacing requirements were met
:*If the size of the sign is less than or equal to 32 square ft., the sign will be granted a permit without payment of the application fee and is not required to meet spacing or location requirements;
 
:*If the size of the sign is greater than 32 square ft. but less than or equal to 76 square feet, the sign will be granted a permit without payment of the application fee but is required to meet spacing and location requirements;
 
:*If the size of the sign is greater than 76 square ft., the sign will require a $200.00 application fee and is required to meet spacing and location requirements.  Additionally, the sign would be issued as a billboard.
 
  
===236.16.3.5 Issuing a New Permit===
+
* Size: sign sizing requirements were met
  
If the application meets all the requirements a permit shall be issued.  The permit status shall be changed to '''ACCEPTED'''.  [[:Category:145 Transportation Management Systems (TMS)|TMS]] will automatically generate [[media:ODA Permit.doc|a permit]] and [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/New%20Permit%20Cover%20Letter.pdf cover letter].  The original permit, along with the application and supporting documentation, shall be scanned and attached in TMS.  The cover letter and permit shall be sent to the sign owner.
+
* Illuminate: sign illumination requirements were met
  
===236.16.3.6 Creating a New File===
+
* Message: sign message was present
  
A file and label shall be made which includes the following information:
+
* Condition: sign condition was recorded
  
:: '''Example''':
+
* GPS: sign GPS location has been recorded
  
:: '''Permit No'''.: 4722    '''Anniversary Date''': 12/27/1993
+
* Right of way damage: Right of way damage has occurred
  
:: '''Route''': US 54 E    '''Log Point''': 129.330    '''County''': Miller
+
* Image: sign image has been recorded
   
 
  
Files shall be maintained in each area office in numerical order.
+
* Tag Number: Sign owner’s tag number recorded
  
===236.16.3.7 Processing a Denial of an Outdoor Advertising Permit Application===
+
===236.16.8.3 Biennial Inspection===
 +
All new permits have a biennial inspection two (2) years from the acceptance date and will then be prorated and placed in their respective county following their two (2) year anniversary date.  After the initial two (2) year anniversary date, all permits in a particular county are renewed in the same month (see [[media:236.16 County Billing Cycle Chart.pdf|County Billing Cycle Chart]]). 
  
If the site inspection fails, the permit application will be rejected.  The permit status shall be changed to “REJECTED” in [[:Category:145 Transportation Management Systems (TMS)|TMS]]The [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Reject%20Application%20Cover%20Letter.pdf rejection letter] will generate automatically allowing the area specialist to select the reason(s) for the rejection.
+
During the inspection, any changes to the sign should be noted.  The sign status and all billboard traits, including the message and cutouts/extensions, should be verified.   
  
The rejection letter, along with a copy of the application and supporting documentation, shall be scanned and attached in TMS.  Additional information regarding the rejection shall be documented in the comment section in TMS.
+
The area specialist should take a photo of both the front and back of the sign and upload in TMS and verify the following information:
  
A copy of the application and the rejection letter, along with all attachments, shall be kept on file for 5 years.
+
* Size: sign sizing requirements were met
  
The original rejection letter, original application, and all other attachments provided by the applicant shall be returned to the applicant.
+
* Message: sign message was present
  
A refund shall be requested through the Financial Services Office with the following information: the name and address on the check, amount, transmittal number, check number and reason the money is being refunded.
+
* Condition: sign condition has been recorded
  
===236.16.3.8 Processing a Request for an Informal Review Hearing===
+
* GPS: sign GPS location has been recorded
  
If an application is rejected, the applicant shall have 20 working days to request in writing an informal hearing by the Outdoor Advertising Permit Informal Review Committee for the purpose of appealing the rejection.  (See [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10.670(5)]).  The applicant shall submit a request for an informal hearing to the Chief Engineer or designee, Missouri Dept. of Transportation, PO Box 270, Jefferson City, MO 65102.
+
* Image: sign image has been recorded
  
If the applicant requests an informal hearing within the required time limit, the Chief Engineer or designee shall advise the applicant, area specialist, district engineer and area engineer of the time, date and place of the hearing.
+
* Owner’s Tag No: sign owner’s tag number recorded
  
===236.16.3.9 Informal Hearing Procedures===
+
* Changes: sign’s physical changes recorded
  
The Outdoor Advertising Central Office will schedule all informal hearings and will notify the applicant, area specialist, district engineer, area engineer and the Outdoor Advertising Review Committee of the time and date of the hearing.  A copy of the letter to the applicant indicating this information shall be entered in [[:Category:145 Transportation Management Systems (TMS)|TMS]].
+
* Right of Way Damage: Right of way damage occurred
  
A file including the application and rejection letter along with other supporting data such as videos, photographs, drawings, and maps shall be provided to all committee membersThe review committee consists of the following MoDOT staff members, as available on the date of the scheduled informal hearing: the Assistant Chief Engineer, the Assistant State Design Engineer, and the Right of Way Director.  An attorney from the Chief Counsel’s Office shall also attend the hearing in order to advise the committee on legal issues.  The outdoor advertising manager or area specialist may also attend.
+
===236.16.8.4 Surprise Inspection===
 +
A surprise inspection may be conducted and entered in TMS when changes have been notedAny changes to the sign may be noted in the comments section and shall include compliance information.
  
The Assistant Chief Engineer will chair the meeting.  Applicants are allowed the opportunity to present their case.  The area specialist shall present information and answer questions as directed by the chair of the informal hearing committee.  The committee shall review the information presented at the hearing and render a decision within 5 business days.  The outdoor advertising manager, with assistance from the Chief Counsel’s Office, shall prepare a letter of decision under the committee chair’s signature, which is sent to the applicant.  If the review committee upholds the denial, all reasons for denial must be listed in this letter and the records of the denial shall be retained for 5 years.
+
The area specialist should take a photo(s) of the changes and upload in TMS and verify the following information:
  
If the review committee overturns the permit application denial, the applicant shall re-apply with a new application.
+
* Size: sign size requirements were met
  
The letter of decision shall be scanned and attached in TMS.
+
* Message: sign message was present
  
===236.16.3.10 Complete Inspection===
+
* Condition: sign condition has been recorded
  
When a permit is issued, the permit holder shall have 2 years to construct the sign and affix a message.  If the sign is not completed in that period, the permit shall be voided.  (See [[236.16 Outdoor Advertising#236.16.6 Voiding of Permits|Voiding of Permits]]).
+
* GPS: sign GPS Location has been recorded
  
After the sign construction is complete, a complete inspection shall be made of the newly erected billboard.  The area specialist shall verify the sign was built in accordance with the information given on the application.
+
* Image: sign image has been recorded
  
The complete inspection shall be entered in TMS.  The billboard status shall be changed from '''RECORDED/PENDING''' to the current status of the new sign, for example: '''CONFORMING/COMPLIANT'''.
+
* Changes: sign physical changes have been recorded
  
==236.16.4 Biennial Inspections & Renewals of Permits==
+
* Right of Way Damage: right of way damage occurred
  
This procedure provides guidance for the biennial sign inspection process and the renewal of permits pursuant to [http://www.moga.mo.gov/statutes/C200-299/2260000550.HTM 226.550 RSMo] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.070].
+
===236.16.8.5 Vegetation Site Inspection===
 +
The area specialist should verify that the cutting will be within the four hundred fifty (450) feet cutting zone which runs parallel to the roadway each direction.
  
All permits in a particular county are renewed in the same month.  (See [[media:236.16 County Billing Cycle Chart.pdf|County Billing Cycle Chart]].)  Newly issued permits will be pro-rated and placed in their respective county following their 2-year anniversary date.
+
The area specialist should document the cut zone with photos and upload in TMS under the original permit number and verify the following information:
  
The [[:Category:145 Transportation Management Systems (TMS)|TMS]] report ODA Biennial Permits Due by Area by County or ODA Biennial Permits Due by Area and Name shall be run between the 1st and the 6th of each month to determine which permits are due to be inspected.
+
* Location: sign vegetation cutting location confirmed
  
During the inspection, any changes to the sign from the last inspection shall be noted. The sign status and all billboard traits shall be verified.  The date of inspection, message, and any changes to the sign structure, including [[236.16 Outdoor Advertising#236.16.11 Tracking Process for Cutouts or Extensions|cutouts or extensions]] shall be noted.  A photograph of the entire sign structure shall be taken and entered in TMS. 
+
* Cut Plan: sign vegetation cutting plan confirmed
  
Illegal signs that have been discovered since the last inspection shall be documented and entered in TMS. (See [[236.16 Outdoor Advertising#236.16.7 Illegal Signs & Removal Process |Illegal Signs & Removal Process]].)
+
* Cutting ID: IDs placed on vegetation to be cut
  
The biennial inspection data, including comments and changes, shall be entered in TMS.  Signs that have a successful biennial inspection entered within the 60-day inspection window will be included in the billing cycle.  Invoices are created in the Financial Services Office and mailed directly to the sign owner.
+
* Right of Way Damage: right of way damage occurred
  
===236.16.4.1 Payment of Biennial Fees===
+
* Image: sign vegetation image has been recorded
  
If payment is not received within the 30-day timeline, a total of four invoices will be generated and sent from the Financial Services Office over a four-month period or until the payment is received.
+
===236.16.8.6 Vegetation Follow-up Inspection===
 +
The area specialist should inspect the site upon notification the vegetation cut is complete or within thirty (30) days of the permit expiration and ensure the work was done to the specifications as outlined in the permit and that there was no damage to right of way.
  
For example:
+
The area specialist may document the area where the cutting/trimming was performed with photos and upload in TMS and verify the following information:
:*initial invoice  dated 2/01/07  due 03/01/07
 
:*2nd invoice  dated 4/01/07
 
:*3rd invoice  dated 5/01/07 (Area office shall make phone contact with customer)
 
:*4th invoice  dated 6/01/07 (Invoice will state FINAL NOTICE).
 
  
The Financial Services Office will also send another letter at 180 days referring to legal action.  The area office shall attempt to contact the customer by phone 30 days after the initial invoice.  Documentation shall be made in comments section in [[:Category:145 Transportation Management Systems (TMS)|TMS]] as to who was contacted, the date contacted, and any information collected.
+
* Location: sign vegetation cutting location confirmed
  
Upon receipt of the permit fees, the renewal permit will be prepared and sent to the sign owner.
+
* Excess Cut: excess cutting has occurred
  
===236.16.4.2 Processing Delinquent Biennial Permits===
+
* Right of Way: right of way damage occurred
  
If payment has not been received and the renewal fee is 12 months delinquent a [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] or [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising], based on sign status, shall be prepared and sent by certified mail.  (See [[236.16 Outdoor Advertising#236.16.7.2 Removal Process|Removal Process]].)
+
* Image: sign vegetation image has been recorded
  
==236.16.5 Transfer of Outdoor Advertising Permits==
+
===236.16.8.7 Removal Follow-up Inspection===
 +
Upon removal of a permitted sign, the area specialist should inspect the site prior to sending the [[media:236.16 Signature to Void Permit 2014.jpg|Signature to Void Permit]] and voiding the permit. 
  
This procedure provides guidance for the transfer of outdoor advertising permits in accordance with [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.070 (6) (B)].
+
The area specialist should document the removal of the sign with photos and upload in TMS as “Removed” and verify the following information:
  
A sign owner may transfer ownership of a sign(s) for which a permit is required.  The [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/PERMIT%20TRANSFER%20APPLICATION.pdf Permit Transfer Application] form shall be completed by the new sign owner and sent to the area office along with a bill of sale or proof of ownership.  Upon receipt of the transfer application the document shall be time and date stamped.
+
* Removed: sign removal is complete
 +
* Image: image has been recorded
 +
* Right of Way: right of way damage occurred
  
The application and supporting documentation shall be reviewed for accuracy. A $10.00 transfer fee is required for each permit. (See [[236.16 Outdoor Advertising#236.16.3.1 Processing Financial Transactions|Processing Financial Transactions]])The transfer application and supporting documentation shall be scanned and attached to the TMS file(s).
+
===236.16.8.8 Digital Site Inspection===
 +
Upon receipt of a digital upgrade request, the area specialist should inspect the sign prior to sending the [[#236.16.12.2 Digital Upgrade Approval|Digital Upgrade Approval]] or [[#236.16.12.3 Digital Upgrade Denial|Digital Upgrade Denial Letter]].   
  
Permits will not be transferred if there are outstanding fees including biennial permit fees or sign removal costs.
+
The area specialist may take a photo of both the front and back of the sign and upload in TMS and verify the following information:
  
If the transfer is accepted, a transfer permit will be generated by [[:Category:145 Transportation Management Systems (TMS)|TMS]] and shall be sent to the new sign owner.  A copy of the new permit shall be retained in the permit file.  The transfer permit shall be scanned and attached to the TMS file.
+
* Location: location requirements were met
  
If the transfer is denied, the transfer application and fee will be returned to the applicant along with a letter of explanation.  A copy of the transfer application and letter shall be kept in the permit file.  A refund shall be requested through the Central Office, ODA.  The following information must be provided:
+
* Spacing: spacing requirements were met
  
:*The name and address on the check,
+
* Zoning: zoning requirements were met
:*the amount,
 
:*the transmittal number,
 
:*the check number,and
 
:*the reason the money is being refunded.
 
  
==236.16.6 Voiding of Permits==
+
* Business: enabling business requirements were met
  
This procedure provides guidance for voiding outdoor advertising permits in accordance with [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.070] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.080].
+
===236.16.8.9 Digital Complete Inspection===
 +
When a digital upgrade is approved, the permit owner has twelve (12) months to complete the upgrade. If the upgrade is not completed within that time period, the request expires.
  
When a sign (including its support structure) has been removed, the following procedure shall be followed before the permit is voided:
+
The area specialist should perform a digital complete inspection on or before the upgrade request expiration date.  The area specialist may take a photo of both the front and back of the sign and upload in TMS and verify the following information:
  
:*Photos of the location where the sign existed before removal shall be taken and attached to TMS.  The Release Letter shall be printed.  Two letters shall be sent to the sign owner, one for their records and one to be signed and returned for the file.  With the letters, a photo of the sign before it was removed shall be sent along with a self-addressed stamped envelope.
+
* Illuminate: sign illumination requirements were met
  
:*After receiving the signed release letter or when the permit expires, whichever occurs first, the permit shall be voided in [[:Category:145 Transportation Management Systems (TMS)|TMS]].  The signed release letter shall be scanned and attached to the permit file.  The [[media:Void Cover.doc|Void Cover Letter]] and Note to Void (Release of permit) shall be generated and sent to the sign owner.  The voided documentation shall be placed in the permit file.  The voided file shall be retained for 3 years.
+
* Condition: sign condition has been recorded
  
Upon removal of a sign, listed below are instances you may void without the Release Letter:
+
* Image: sign image has been recorded
  
:*The permit has expired.
+
* Right of Way Damage: right of way damage occurred
:*A Notice to Remove (NTR) or Notice to Terminate (NTT) has been issued and time limits have expired.
 
  
==236.16.7 Illegal Signs & Removal Process==
+
===236.16.8.10 Digital Biennial Inspection===
 +
Digital brightness should be measured with the MoDOT-provided luminance meter and the digital rotation rate timed to ensure compliance and instantaneous rotation. 
  
This procedure provides guidance for the expeditious removal of illegal or unauthorized signs in accordance with [http://www.moga.mo.gov/statutes/C200-299/2260000580.HTM 226.580 RSMo] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.060].
+
The area specialist should document the brightness measurements, including the advertiser, and verify the following information:
  
A Notice to Remove (NTR) is sent for conforming sign(s) that are in violation of [http://www.moga.mo.gov/statutes/C200-299/2260000580.HTM 226.580 RSMo] or for illegal sign(s) that do not have a permit.
+
* Illuminate: sign illumination requirements were met
  
Information gathered about the sign shall be entered into TMS.  Photographs shall be attached and an inspection shall be entered.
+
* Condition: sign condition has been recorded
  
If the illegal sign does not have a permit, the appropriate courtesy letter ("possibly permitted" or "cannot be permitted") shall be generated and sent to the sign owner and the sign status shall be changed to Illegal.  The reason for the illegality shall be noted in the comment section of [[:Category:145 Transportation Management Systems (TMS)|TMS]].
+
* Image: sign image has been recorded
  
If a response from the owner is not received, a field inspection shall be completed to confirm the sign status.  Further research may be necessary to determine and/or confirm ownership.  The landowner may be determined by researching the county courthouse records in the county assessor’s office, the recorder of deeds office or using district right of way resources such as plat books or on-line programs.  Zoning information may be obtained at this time.  Enter property owner information into TMS as an involved party.
+
* Right of Way Damage: right of way damage occurred
  
A NTR shall be generated in TMS. The reason(s) for the illegality and the remedial action(s), if any, shall be checked. A photograph of the sign shall be enclosed with each notice.  The notice shall be sent certified mail to the sign owner and the landowner.  If delivery of certified mail to the sign owner or landowner is unsuccessful, the notice shall be delivered by hand or by personal service.  A file shall be created and the certified mail receipts and green cards attachedThe date and certified mail number shall be entered into Correspondence Maintenance in TMS.  If personal delivery is made, date of delivery shall be entered in TMS.
+
===236.16.8.11 Digital Surprise Inspection===
 +
Digital brightness should be measured with the MoDOT-provided luminance meter and the digital rotation rate timed to ensure compliance and instantaneous rotation.   
  
A Notice To Terminate (NTT) is sent for non-conforming sign(s) that are in violation of [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.060].
+
The area specialist should document the brightness measurements, including the advertiser, and verify the following information:
  
When a nonconforming sign is observed to have violated the nonconforming status the billboard status is changed to illegal in TMS.  A NTT is automatically generated when the status is changed to illegal.
+
* Illuminate: sign illumination requirements were met
  
The violation and the remedial action(s), if any, shall be checked.  A photograph of the sign shall be enclosed.  The notice shall be sent by certified mail to the sign owner and the landowner.  If delivery of certified mail to the sign owner or landowner is unsuccessful, the notice shall be delivered by hand or by personal service.  When the certified mail receipts and green cards are returned, they shall be placed in the file.  The date and certified mail number shall be entered into Correspondence Maintenance in TMS.  If personal delivery is made, date of delivery shall be entered in TMS.
+
* Condition: sign condition has been recorded
  
Upon receipt of a Notice to Remove (NTR) or Notice to Terminate (NTT), the sign owner or landowner has 60 days to perform the remedial action(s), if any, indicated on the notice, or request an Administrative Hearing with the Missouri Highways and Transportation Commission (MHTC) secretary. (See [[236.16 Outdoor Advertising#236.16.7.1 Request for an Administrative Review Hearing|Request for an Administrative Review Hearing]]).
+
* Image: sign image has been recorded
  
===236.16.7.1 Request for an Administrative Review Hearing===
+
* Right of Way Damage: right of way damage occurred
  
This process explains the procedure used for Administrative Review of Notices to Remove and Notices to Terminate in accordance with [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.090].
+
==236.16.9 Maintenance and Repair of Outdoor Advertising==
  
If the sign owner or landowner has completed the remedial action, if any, offered in the notice, a comment shall be placed in TMS that the notice has been rescinded. The reason the action was required and the date the action was completed shall be noted. The sign status shall be changed from illegal to the previous status. If an Administrative Review had been requested, a [http://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/NOTE%20OF%20WITHDRAWAL.pdf Notice of Withdrawal (OAN-15)] shall be completed by the area office, and sent to the Chief Counsel’s Office (CCO).
+
This procedure provides guidance for the maintenance and repair of permitted outdoor advertising in accordance with [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.500 to 226.600] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6].
  
When a hearing request is made, ODA Central Office will obtain the date the certified mail receipt was signed by the requestor in Correspondence Maintenance in TMS to determine if the 60-day time requirement was metThis information will be conveyed to the area office and a [[media:Administrative Review Request.doc|Request for Administrative Review]] in TMS shall be generated and sent to CCO and the respective district engineer along with required documentationIf the request was made within the 60-day time limit, CCO may request availability of dates for the hearing. CCO will send a written notice to the applicant, the ODA Central Office, the area specialist, and the respective district engineer informing them of the time, date, and place of the hearing. The notice for hearing shall not be issued less than 15 business days prior to the date of the hearing.  If the request for the hearing is outside the sixty days (60), the request will be denied.
+
Upon identification of a permitted sign in violation of the rules and regulations, the area specialist may generate a courtesy letter explaining the violation(s) and remedial action, if any, with an appropriate deadline of not more than thirty (30) days to complete the remedial actionThe letter should be sent to the permit owner and attached in TMS and maintained in file storageUpon expiration of the remedial action, if the sign remains in violation, a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] or [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising] may be requested. The [[media:236.16 Billboard Diagram 2014.pdf|Billboard Diagram]] may be referenced when determining whether the sign is damaged beyond the legal limits.
  
An attorney from CCO shall contact the area specialist prior to the hearing date to discuss the hearing and to request further documentation.
+
Permitted signs should not contain obsolete advertising or be maintained without an advertising message.  Upon identification of a sign with obsolete advertising or without an advertising message, the [[media:236.16 Courtesy Obsolete Ad or No Ad 2014.pdf|Courtesy Obsolete Ad or No Ad]] should be generated and sent to the permit owner.  A Notice to Remove Outdoor Advertising or Notice to Terminate Nonconforming Outdoor Advertising may be requested for signs that have been maintained without an advertising message or contain obsolete advertising for a continuous period of twelve (12) months or more.
  
The following items shall be scanned and sent electronically for all hearings:
+
In accordance with RSMo Section 226.580, permitted signs that are not in good repair should be deemed unlawful and subject to removal.  Upon identification of a sign not in good repair, the [[media:236.16 Repair Letter Conforming 2014.jpg|Repair Letter Conforming]], [[media:236.16 Repair Letter Conforming Out of Standard 2014.jpg|Repair Letter Conforming Out of Standard]], or [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/REPAIR%20LETTER%20NONCONFORMING.pdf Repair Letter Nonconforming] should be generated and sent to the permit owner.  A Notice to Remove Outdoor Advertising or Notice to Terminate Nonconforming Outdoor Advertising may be requested for signs that have not been repaired within the thirty (30) day time-frame. 
  
:*A copy of the application for the permit and attachments, if applicable
+
===236.16.9.1 Substantially Rebuilt Conforming Out of Standard Outdoor Advertising===
:*A copy of the notice to remove/terminate
+
Upon identification of a conforming out of standard sign damaged more than fifty (50) percent, the Request to Issue Notice may be generated from SharePoint for Courtesy Damaged 50%- Conforming Out of Standard and sent to the outdoor advertising manager for review.  The request and approval or denial may be attached in TMS.  Upon approval, the [[media:236.16 Courtesy Conforming Out Of Standard Damaged 2014.pdf|Courtesy Conforming Out of Standard Damaged]] should be generated and sent to the sign owner.  Once the sign has been removed in its entirety, the permit shall be voided (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
:*Photos of the sign around the time the notice was sent
 
:*Copy of the returned certified mail receipt; and
 
:*Summary report, which may include
 
:*Zoning information
 
:*Spacing information
 
:*Proof of commercial activity
 
  
The Outdoor Advertising Manager or designee may review the information, and schedule a meeting with the area specialist and CCO. A field inspection may be required along with new photos.
+
If the sign structure is substantially rebuilt pursuant to RSMo Sections 226.541 and 7 CSR 10-6.040, a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] may be issued.
  
At the hearing, the area specialist will be sworn in and shall testify to the reason for issuing the noticeAfter the hearing, the Hearing Examiner will render a decision as to whether the notice was lawfully issued. This decision will be read before the MHTC for a final decision. This decision will be submitted in writing to the ODA Central Office, the area specialist, the applicant, and the respective district engineer.  If the decision is not in favor of the applicant, the applicant will have 30 days after the decision is rendered to appeal to the Circuit CourtAfter the 30 days has passed and the sign owner or landowner has not removed the sign or filed an appeal, a memo from CCO will be generated allowing MoDOT to proceed with removal of the structure.
+
===236.16.9.2 Deteriorated or Damaged Nonconforming Outdoor Advertising===
 +
Upon identification of a nonconforming sign deteriorated or damaged more than fifty (50) percent, the Request to Issue Notice may be generated from SharePoint for Courtesy Damaged 50% or More- Nonconforming and sent to the outdoor advertising manager for review.  The request and approval or denial may be attached in TMSUpon approval, the [[media:236.16 Courtesy Nonconforming Damaged 2014.pdf|Courtesy Nonconforming Damaged]] should be generated and sent to the sign ownerOnce the sign has been removed in its entirety, the permit shall be voided (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
  
A Notice to Sign Owner and Notice to Property Owner shall be sent informing them that MoDOT will be entering the property and removing the sign.
+
If the sign structure is not removed in its entirety within thirty (30) days or is repaired, a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising] may be issued.
  
===236.16.7.2 Removal Process===
+
==236.16.10 Adding or Removing Controlled Routes==
  
This process explains the procedure used for the removal process in accordance with [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.080].
+
Based on changes made to functional classifications, routes classified as the National Highway System (NHS) that are not classified as Federal Aid Primary as of June 1, 1991, may be added and removed for the control of outdoor advertising.
  
Signs that are unlawfully erected, or permitted signs that have become illegal and whose owner, along with the landowner, is notified by proper notice are subject to removal by MoDOT.
+
===236.16.10.1 Adding Controlled Routes===
 +
Routes reclassified and designated as NHS shall be regulated for the control of outdoor advertising.  Existing off-premises advertising located along the route prior to NHS designation shall be grandfathered and required to either obtain a permit or remove the sign in its entirety.  The route should be inventoried within thirty (30) days of notification to document off-premises advertising with a [[#236.16.8.1 Site Inspection|site inspection]] to determine sign status.
  
Audits and Investigations shall be contacted to set up the job number.  Example, if the TMS number were 14952, the job number would be TOD14952 (TOD=Transportation-Outdoor Advertising).  A short description of the work, date of removal, permit number and location shall be provided.
+
Prior to sending any correspondence to sign owners, the area specialist should contact the respective city/county to explain the process; and check if they maintain an existing inventory of off-premises signs, pending permits for new off-premises signs, or pending permits for sign changes.
  
The area engineer should be contacted to schedule the removal of the sign and the district engineer notifiedMoDOT personnel will be utilized to remove the sign if the necessary equipment and manpower are availableIf the necessary equipment or manpower is not available, the sign removal should be accomplished by contractContact the Central Office [http://wwwi/intranet/gs/ General Services Procurement section] for further instructions.
+
Off-premises advertising that has not been approved as grandfathered should be considered illegal (see [[#236.16.16 Unauthorized Illegal Outdoor Advertising|EPG 236.16.16 Unauthorized Illegal Outdoor Advertising]]).   
 +
 +
Off-premises advertising that has been approved as grandfathered should be assigned a transaction number with the appropriate status of outdoor advertising and reasonThe permit type should remain as “PSEUDO” with status of “TEMPORARY” reason “AUTO SETUP” and either the [[media:236.16 MAP 21 Notification 2014.jpg|MAP 21 Notification]] or [[media:236.16 MAP 21 Notification Exempt 2014.jpg|MAP 21 Notification Exempt]] generated and sent to the sign owner, advertiser or landowner.   
  
The personnel doing the removal shall inspect the sign site to determine equipment needs and obstacles such as fences, animals, electricity, ground conditions, etc.  A photo of the sign, location details and sign removal specifications shall be e-mailed to the maintenance supervisor and area engineer.
+
Upon receipt of a completed [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Outdoor%20Advertising%20Permit%20Application.pdf Application for Permit to Erect or Maintain Outdoor Advertising] and a complete inspection, a permit shall be issued (see [[#236.16.5 Permitting Outdoor Advertising|EPG 236.16.5 Permitting Outdoor Advertising]]).
  
The area office may contact the landowner to confirm that he/she still owns the land and to determine access or any other issues that may affect the removal process.
+
If a response is not received after thirty (30) days, a field inspection should be completed to confirm the sign status.  Further research may be necessary to confirm ownership.  If the sign has not been removed in its entirety, a second courtesy letter should be generated and sent to the sign owner, advertiser, or landowner.
  
ODA staff may be present at the time of the removal. Photos should be taken to adequately document each stage of removalThe sign materials may be taken to a refuse facility and the cost shall be billed to the TOD#.
+
If a response is not received and the sign has not been removed in its entirety after sixty (60) days of the original courtesy letter, a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] may be issuedLandowner information shall be obtained prior to issuing the notice and may be determined by researching county records in the assessor’s office.
  
When possible, the removal crew should remove posts below ground level, fill with soil and tamp so as not to leave any depressions. When it is not possible to remove posts below ground level, the posts shall be cut flush to the groundGround that is disturbed should be raked, seeded and straw placed over seed.  Ground shall be left in similar or better condition than before the removal process.
+
===236.16.10.2 Removing Controlled Routes===
 +
Routes that are not part of FAP-1991 and are reclassified and removed from the NHS shall no longer be regulated for the control of outdoor advertisingUpon approval by the Federal Highway Administration and the outdoor advertising manager, permitted signs along these routes shall be voided (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
  
The number of hours of labor and equipment usage by personnel should be documented. The area office shall provide the job number (TOD #) to the maintenance crew to charge their time, mileage, equipment, dump charges, etc.  Their regular activity code for maintenance work shall be used.
+
==236.16.11 Cutout and Extension Process==
  
A report (Job Cost for Removals) shall be run for a total of the charges.  If more than one sign was removed at one location, the mileage charges shall be divided between all the signs removed.
+
This procedure provides guidance for the tracking and documentation of cutouts and extensions to billboards pursuant to RSMo Section 226.540 (2) (a) and 7 CSR 10-6.060 (3) (C).   
 +
If a cutout/extension was in place on conforming outdoor advertising prior to becoming nonconforming, the extension may remain in place; however, if the display changes after it becomes nonconforming, it may then be subject to the requirements of 7 CSR 10-6.060 (3) (C).
  
An invoice must be manually created in TMS, which will be issued to the owner for charges incurred from the sign removal.  A financial transaction shall be created in Billboard Permit Maintenance under the sign permit number.  Removal shall be selected as the Transaction Type.  The date the transaction is created, the total amount, and the TOD job number shall be entered.  Manual Override will need to be selectedThe invoice shall be generated during the next billing cycle.
+
To determine the percentage of a cutout/extension, the area of the smallest square, rectangle, triangle, circle, or contiguous combination of shapes that will encompass the cutout/extension will be calculated and divided by the permanent display area of the sign.   
  
AFTER the billing has cycled, the permit shall be voided in TMS.  The area office shall notify [http://sharepoint/support/ai/Pages/default.aspx Audits and Investigations] to close the job AFTER payment has been RECEIVED.  Comments shall be placed in TMS regarding the removal, such as TOD#, what crew did the removal, etc.
+
Cutouts and extensions are allowed on conforming and conforming out of standard outdoor advertising provided:
  
The area specialist shall notify Audits and Investigations to close the job number in the event the sign is removed by the sign owner or the landowner (therefore the TOD# is not used) or when the process is completed.
+
* The total display area, including the cutout/extension, for each side of the sign is less than or equal to eight hundred (800) square feet, the cutout/extension should not be considered temporary and should be allowed indefinitely.
  
==236.16.8 Vegetation Removal==
+
* The total display area, including the cutout/extension, for each side of the sign is greater than eight hundred (800) square feet, the cutout/extension should be considered temporary with a time period of no more than three (3) years or the term of the display contract whichever is shortest and limited to thirty-three (33) percent. After a side has had a cutout/extension for that time period, a cutout/extension cannot be placed on the side for a period of six (6) months.
  
This procedure provides guidance for the cutting and trimming of vegetation under controlled conditions on highway right of way when vegetation interferes with the effectiveness of or obscures a lawful sign under Sections [http://www.moga.mo.gov/STATUTES/C226.HTM 226.130 and 226.585, RSMo] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7CSR 10-6.085].
+
Temporary cutouts and extensions are allowed on nonconforming outdoor advertising provided:
  
The sign owner is required to obtain a permit to cut or trim vegetation in front of any lawfully permitted sign.  Permits to cut vegetation may be issued for lawfully permitted signs that have been in existence for a minimum of 5 years.  Permits to trim vegetation may be issued for lawfully permitted signs that have been in existence for a minimum of 2 years.  Vegetation permits may be denied or limited if the plan is deemed to be detrimental to the stability of the Commission-owned property as determined by the district roadside manager or area engineerPermits may be issued to allow the cutting of vegetation necessary to clear the sign’s visibility zone as determined by the area specialist.
+
* The cutout/extension area is thirty-three (33) percent or less of the total display area for each side of the sign prior to the cutout/extension addition.   
  
Upon receipt of an Application for Outdoor Advertising Vegetation Permit, the document shall be time and date stamped and entered in TMS.
+
* The period of time a cutout/extension is added to either side of a structure is for no more than three (3) years or the term of the display contract whichever is shortest.  After a side has had a cutout/extension for that time period, a cutout/extension cannot be placed on that side for a period of six (6) months.
  
The application shall be reviewed for accuracy and attachments of supporting documents, i.e., proof of service notifying adjacent property owners of intent to trim or cut vegetation; performance bond or check in the amount of one thousand dollars ($1,000.00) (See [[236.16 Outdoor Advertising#236.16.3.1 Processing Financial Transactions|Processing Financial Transactions]]); copy of liability insurance policy in the amount of at least one million dollars ($1,000,000); and a site drawing (professional landscape drawing not necessary) for the location of the proposed cutting or trimming.
+
Temporary cutout/extensions should be identified during a [[#236.16.8.3 Biennial Inspection|biennial inspection]] or [[#236.16.8.4 Surprise Inspection|surprise inspection]].
  
If applicable, the district roadside manager or area engineer, and the applicant’s vegetation contractor shall be contacted to review the location and determine if some or all vegetation shall remain for slope stabilityThe area specialist shall verify that the cutting will be within the 450 ft. cutting zone which shall run parallel to the roadway each direction, if the structure is a back to back.
+
Upon identification of a cutout/extension that is not considered temporary, the “EXTENSION” trait should be updated to “YES”These types of cutout/extensions do not have to be tracked and may be allowed indefinitely.
 
   
 
   
The vegetation shall be measured to verify the applicant’s measurements.  Refer to the Vegetation Fee Schedule Chart.   
+
Upon identification of a temporary cutout/extension, the “EXTENSION” trait should be updated to “YES” and the [[media:236.16 Cutout Extension Request 2014.pdf|Cutout Extension Request]] generated in TMS and mailed to the permit owner.  Permit owners have fifteen (15) days to provide the requested information.  The area specialist should follow-up to ensure the information is received within the prescribed time-frame.  Failure to provide this information may cause a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising] or [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] to be issued. 
 +
 
 +
Upon receiving the requested information, the display contract date information should be reviewed.  If the display contact date information is longer than three (3) years, the permit owner should be informed that the cutout/extension is only allowed for three (3) years.  The appropriate “AD BEGIN”, “AD END” and “AD<=33%” traits for the front and/or back of the sign should be updated and the documentation maintained in the original permit file.
 +
 
 +
Between the 1<sup>st</sup> and 6<sup>th</sup> each month, area specialists run the TMS report “Extension Report by Copy Date” to determine temporary cutout/extension dates that have expired.  Within thirty (30) days of the expiration, a surprise inspection should be performed to verify the temporary cutout/extension has been removed. 
 +
 
 +
If the temporary cutout/extension has been removed, the date information for the appropriate “AD BEGIN” and “AD END” traits should be cleared out and the appropriate “AD<=33%” trait updated to “<NONE>”. 
 +
 
 +
If the temporary cutout/extension has not been removed, the [[media:236.16 Cutout Extension Expire 2014.pdf|Cutout Extension Expire]] should be generated in TMS and sent to the permit owner.  The area specialist should follow-up to ensure the cutout/extension is removed within the prescribed time-frame.  Failure to remove the cutout/extension may cause a Notice to Terminate Nonconforming Outdoor Advertising or [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] to be issued.
 +
 
 +
==236.16.12 Digital Sign Upgrade Process==
 +
 
 +
Pursuant to RSMo Section 226.541and 7 CSR 10-6.040 (4) (I), a conforming out of standard sign may be upgraded with digital technology. 
 +
 
 +
RSMo Section 226.541 establishes criteria for upgrading conforming out of standard signs with digital technology, which requires the digital technology display size to be tracked.  Upon identification by the area specialist, the [[media:236.16 Digital Box Request 2014.pdf|Digital Box Request]] should be generated and sent to the permit owner.  The permit owner has fifteen (15) days to submit this information.  The area specialist should follow-up to ensure the information is received within the prescribed time-frame.  The documentation should be attached in TMS and maintained in file storage. 
 +
 
 +
If the digital technology display size is up to twenty (20) percent of the sign face, the technology trait should be updated to “DIGITAL BOX”.  If the digital technology display is more than twenty (20) percent of the sign face, the sign should be considered digital and the technology trait updated to “DIGITAL”. 
 +
 
 +
===236.16.12.1 Digital Upgrade Request===
 +
Upon receiving a written upgrade request from the permit owner, the trait “COS DIGITAL REQUEST” updated to “YES”.  The area specialist should perform a [[#236.16.8.8 Digital Site Inspection|digital site inspection]] and enter this information into TMS.
 +
 
 +
The request will be time and date stamped.  If two or more requests are received at the same time or the time/date cannot be distinguished, the area specialist should contact the outdoor advertising manager for direction. In general, the time/date stamp or postmark dictates the order the requests are accepted for review.
 +
 
 +
===236.16.12.2 Digital Upgrade Approval===
 +
If the upgrade request is approved, the “TECHNOLOGY” trait should be updated to “DIGITAL” and “COS DIGITAL END DATE” trait updated to reflect 12 (twelve) months from the approval date with the [[media:236.16 Digital Upgrade Approval 2014.pdf|Digital Upgrade Approval]] generated.  The approval letter should be sent to the permit owner.  The request and approval letter shall be attached in TMS and maintained in file storage.
 +
 
 +
Between the 1<sup>st</sup> and 6<sup>th</sup> of each month, area specialists run the report “Digital Upgrade Report” to ensure digital upgrades are completed within the twelve (12) month time-frame.  The area specialist should perform a [[#236.16.8.9 Digital Complete Inspection|digital complete inspection]] on or before the COS digital end date and enter this information in TMS. 
 +
 
 +
If the upgrade has not been completed within the twelve (12) month time-frame, the “TECHNOLOGY” trait should be updated accordingly, “COS DIGITAL REQEUST” trait updated to “NO” and the “COS DIGITAL END DATE” should be cleared out.  The [[media:236.16 Digital Upgrade Expire 2014.pdf|Digital Upgrade Expire]] should be generated in TMS.  The expiration letter sent to the permit owner, attached in TMS and maintained in file storage. 
 +
 
 +
===236.16.12.3 Digital Upgrade Denial===
 +
If the upgrade request is denied, the trait “COS DIGITAL REQUEST” should be updated to “NO” and the [[media:236.16 Digital Upgrade Denial 2014.pdf|Digital Upgrade Denial]] generated. The denial letter should be sent to the permit owner. The request and denial letter should be attached in TMS and maintained in file storage.
 +
 
 +
==236.16.13 Digital Brightness Inspection Procedures==
 +
 
 +
Area specialists should perform a [[#236.16.8.10 Digital Biennial Inspection|digital biennial inspection]] on all permits with digital technology  and a [[#236.16.8.11 Digital Surprise Inspection|digital surprise inspection]] as requested to ensure digital regulations are in compliance pursuant to 7 CSR 10-6.040 (4).
 +
 
 +
==236.16.14 Transfer of Outdoor Advertising Permit==
 +
 
 +
This procedure provides guidance for the transfer of outdoor advertising permits in accordance with 7 CSR 10-6.070 (6) (B).
 +
 
 +
A permit owner may transfer ownership of a sign(s) for which a permit is required. A $10 transfer fee is required for each permit (see [[#236.16.24 Financial Transactions|EPG 236.16.24 Financial Transactions]]).  The Application for Transfer of Outdoor Advertising Permit should be completed by the new permit owner and sent to the area office along with the transfer fee and bill of sale or proof of ownership, which must indicate the permit number.  Permits will not be transferred if there are outstanding fees, which include sign removal costs, vegetation removal costs, or biennial permit fees. 
 +
 
 +
Upon receipt of the transfer application, the document should be time and date stamped.  The application and supporting documentation reviewed for accuracy.  TMS should be checked to determine whether the new owner is listed as an involved party.  If not, the owner information should be entered as a new involved party and forwarded to the outdoor advertising technician to create an account number.
 +
 
 +
===236.16.14.1 Issuing a Transfer of Outdoor Advertising Permit===
 +
If the application meets all of the requirements, a transfer permit shall be issued.  The transfer should be completed under “Permit Transfer” with the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/TRANSFER%20PERMIT%20COVER.pdf Transfer Permit Cover] and Transfer Permit generated.  The cover letter and permit should be sent to the new permit owner. The permit, along with the application and supporting documentation, should be attached in TMS and maintained in file storage.
 +
 
 +
===236.16.14.2 Denying a Transfer of Outdoor Advertising Permit===
 +
If the application does not meet the requirements, it should be rejected. The [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/REJECT%20TRANSFER%20COVER.pdf Reject Transfer Cover] generated explaining the reason(s) for the rejection.  Additional information regarding the rejection should be documented in the comments section.  The application, rejection letter and supporting documentation attached in TMS and maintained in file storage.  The original application and supporting documentation should be returned to the applicant with the rejection letter.  A refund of the application fee should be requested through the Financial Services Office (see [[#236.16.24.1 Request for Refund|EPG 236.16.24.1 Request for Refund]]).
 +
 
 +
==236.16.15 Vegetation Removal==
 +
 
 +
This procedure provides guidance for the cutting and trimming of vegetation under controlled conditions on highway right of way pursuant to RSMo Sections 226.130 and 226.585, and 7 CSR 10-6.085. 
 +
 
 +
A vegetation permit should not be issued for sections of highway involved in active construction or reconstruction under the [[121.3 The Statewide Transportation Improvement Program (STIP)|Statewide Transportation Improvement Program]]. 
 +
 
 +
===236.16.15.1 Vegetation Application Process===
 +
Upon receipt of an [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Application%20for%20Outdoor%20Advertising%20Vegetation%20Permit.pdf Application for Outdoor Advertising Vegetation Permit], the document should be time and date stamped and entered under “Permit / Agreement List” with status “RECORDED” and reason “RESEARCH”. 
 +
 
 +
The application and following supporting documents reviewed for accuracy:
 +
 
 +
* Minimum $1,000 [http://www.modot.org/business/documents/PerformanceBondForm.pdf performance bond] on file with MoDOT Traffic & Highway Safety Central Office.  If the applicant does not have a performance bond on file, they may submit a check in the amount of $1,000 per application as the performance bond (see [[#236.16.24 Financial Transactions|EPG 236.16.24 Financial Transactions]]).
 +
 
 +
* Site drawing of the location of the proposed cutting or trimming.
 +
 
 +
===236.16.15.2 Indemnification===
 +
Applicant agrees to hold harmless the commission, its officers and employees from all liability, judgments, costs, expenses and claims growing out of damages of any nature whatsoever, to any person or property arising out of performance or non-performance of said work, or existence of said improvements.  The applicant should carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri and to name the Commission and MoDOT and its employees, as additional named insured in amount sufficient to cover the sovereign immunity limits for Missouri public entities as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration and published annually in the Missouri Register pursuant to RSMo Section 537.610. 
 +
 
 +
===236.16.15.3 Vegetation Site Review===
 +
If necessary, the district roadside manager and the applicant’s vegetation contractor should be contacted to review the location and determine if some or all vegetation should remain for slope stability or safety concerns.  The area specialist should perform a [[#236.16.8.5 Vegetation Site Inspection|vegetation site inspection]] and enter this information into TMS. 
 +
 
 +
===236.16.15.4 Cutting of Vegetation ===
 +
The vegetation should be measured by the area specialist or roadside manager to verify the applicant’s measurements.   
 +
 
 +
The cost of a permit to cut vegetation is determined on the vegetation to be removed (see Vegetation Fee Schedule Chart)The fee to remove each tree with a diameter equal to or greater than six (6) inches is $100 plus an additional $100 for every inch of diameter greater than six (6) inches.  Measurements for diameter will be rounded down to the nearest inch.  For example, the fee for removing a tree six and three-fourths (6 ¾) inches in diameter would be $100; the fee for a tree ten and one-half (10 ½) inches in diameter would be $500.
  
 
<center>  
 
<center>  
{| border="1" cellpadding="5" cellspacing="0" style="background:#CCCCCC; text-align:center"
+
{| border="1" cellpadding="5" cellspacing="0" style="background:#f5f5f5; text-align:center"
|-style="background:#FFD700"  
+
|-style="background:#BEBEBE"  
 
!colspan="3"|'''Vegetation Fee Schedule Chart'''
 
!colspan="3"|'''Vegetation Fee Schedule Chart'''
 
|-
 
|-
|Circumference||Diameter||Fee
+
!Circumference!!Diameter!!Fee
 
|-
 
|-
 
|19"||6"||$100  
 
|19"||6"||$100  
Line 546: Line 720:
 
</center>
 
</center>
  
'''Note''': Circumference is measured 4 1/2 ft. above ground level. Measurements below the circumference number fall into the previous size.
+
If vegetation will be cut in diameter of six inches or greater, the [[media:236.16 Vegetation Fee 2014.jpg|Vegetation Fee]] generated with the measurements and amount calculated for cutting the vegetation.  Once the check is received for the measurable vegetation, the monies shall be deposited (see [[#236.16.24 Financial Transactions|EPG 236.16.24 Financial Transactions]]).  The amount should be recorded in TMS for the vegetation permit under “Fee”.  All fees, if any, must be paid prior to the commencement of any tree cutting. 
 +
 
 +
===236.16.15.5 Herbicides===
 +
Only herbicides approved by MoDOT’s authorized representative may be used to trim or remove vegetation.  Only general use non-restricted herbicides may be used.  All herbicides must be used in strict accord with the manufacturer’s instructions on the label.  Restricted use herbicides may not be used on the right of way.  The applicator must be a certified commercial applicator or under the supervision of a certified commercial applicator and all desirable vegetation must be avoided.  The district roadside manager should approve the area to be sprayed before a permit is issued.  The fee for controlling the growth of a tree with herbicides is determined in the same manner as tree removal (see [[#236.16.15.4 Cutting of Vegetation |EPG 236.16.15.4 Cutting of Vegetation]]).  All trees controlled with herbicides should be cut down and removed within sixty (60) days of treatment.
 +
 
 +
===236.16.15.6 Trimming of Trees===
 +
Trees of any size may be trimmed in accordance with the following guidelines.  There is no fee to trim trees, but a permit is still required. 
 +
 
 +
* A tree may not have more than one third of its canopy removed in a single pruning operation. Refer to the [[media:236.16 Tree Pruning Chart.pdf|Tree Pruning Chart]]. 
 +
 
 +
* The National Arborist Association Standards should be used as a guideline to insure trees are being pruned properly and all pruning must be done in accordance with these standards.
 +
 
 +
* Pruning cuts should be made so that the tree may close the resulting wound as easily as possible. 
 +
* Remove parts of a twig or branch at their origin. 
 +
 
 +
* Remove tips of branches back to a good bud or to the next larger branch.
 +
 
 +
* The final pruning cut should be made along the natural branch collar and not flush with the trunk.
 +
 
 +
* Any additional pruning of this magnitude cannot be repeated for three (3) full years on hardwood species. 
 +
 
 +
* In situations where pruning is to be done on a stand of trees and it is not practical to distinguish individual trees, the stand should be judged by the canopy height of the stand.  The amount of tree height to be removed should be determined from the Tree Pruning Chart according to the canopy height of the stand of trees.
 +
 
 +
* Brush over six (6) feet that is approved for removal should be cut first and the stump(s) treated with herbicides.
 +
 
 +
===236.16.15.7 Issuing a Vegetation Permit===
 +
If the vegetation application and inspection meet all the requirements a vegetation permit should be issued.  A [[#236.16.8.5 Vegetation Site Inspection|vegetation site inspection]] should be entered and the vegetation permit status shall be changed to “ACCEPTED” with reason “COMPLIANT” with the [[media:236.16 Vegetation Permit 2014.pdf|Vegetation Permit]] and [[media:236.16 Vegetation Permit Cover 2014.jpg|Vegetation Permit Cover]] generated.  The cover letter and permit should be sent to the permit owner.  Additionally, the permit should be sent to the appropriate roadside manager and maintenance supervisor.  The application and supporting documentation should be maintained in the original permit file. 
 +
 
 +
===236.16.15.8 Denying a Vegetation Permit===
 +
If the vegetation application or inspection does not meet the requirements, the application should be rejected.  A [[#236.16.8.5 Vegetation Site Inspection|vegetation site inspection]] should be entered and the vegetation permit status changed to “REJECTED” and the reason changed accordingly with the [[media:236.16 Reject Vegetation Cover 2014.jpg|Reject Vegetation Cover]] generated explaining the reason(s) for the rejection.  Additional information regarding the rejection should be documented in the comments section.  The application, rejection letter and supporting documentation should be attached in TMS and maintained in file storage.  The original application and supporting documentation should be returned to the applicant with the rejection letter.  A refund of the cash performance bond (if applicable) shall be requested (see [[#236.16.24.1 Request for Refund|EPG 236.16.24.1 Request for Refund]]).
 +
 
 +
In accordance with 7 CSR 10-6.085 (4), if an application is rejected, the applicant has twenty (20) working days to request in writing an informal hearing for the purpose of appealing the rejection (see [[#236.16.18.1 Informal Hearing|EPG 236.16.18.1 Informal Hearing]]).
 +
 
 +
===236.16.15.9 Releasing a Vegetation Permit===
 +
The applicant has one hundred twenty (120) days to perform the vegetation removal.  Between the 1<sup>st</sup> and 6<sup>th</sup> of each month, area specialists run the report “Active Vegetation Permits by Area” or “Active Vegetation Permits by Area by Route” to determine which permits are due for inspection.  The area specialist should perform a [[#236.16.8.6 Vegetation Follow-up Inspection|vegetation follow-up inspection]] when they have been notified the vegetation cut is complete or within thirty (30) days of the permit expiration, whichever comes first. 
 +
 
 +
If the follow-up inspection passed and entered within the thirty (30) day time-frame, the vegetation permit status should be changed to “RELEASED” and reason “COMPLETE”, and a refund of the cash performance bond (if applicable) shall be requested (see [[#236.16.24.1 Request for Refund|EPG 236.16.24.1 Request for Refund]]). 
 +
 
 +
If the follow-up inspection passed and is not entered within the thirty (30) day time-frame, the vegetation permit status should be changed to “VOID” with the appropriate reason and a refund of the cash performance bond (if applicable) shall be requested (see [[#236.16.24.1 Request for Refund|EPG 236.16.24.1 Request for Refund]]).
 +
 
 +
===236.16.15.10 Illegal Vegetation Removal and Damage to Right of Way===
 +
The applicant will be held responsible for any damage to the right of way.  If illegal cutting and/or damage to right of way occurs, the area specialist should immediately assess the damages with the district roadside manager, photograph the location and document the damages in TMS.  The area specialist should work with the outdoor advertising manager to prepare a letter to the permit owner advising them of the damage and any remedial action or penalties.  The applicant’s performance bond may be applied towards the damage.
 +
 
 +
For remedial action, if the permit has expired or a permit was not issued, the applicant should submit an application to perform the clean-up work (see [[#236.16.15.7 Issuing a Vegetation Permit|EPG 236.16.15.7 Issuing a Vegetation Permit]]).  The area specialist should perform a [[#236.16.8.6 Vegetation Follow-up Inspection|vegetation follow-up inspection]] to ensure any remedial action is completed.  Photos should be taken and attached in TMS.  If the remedial action is satisfactory, the vegetation permit shall be released (see [[#236.16.15.9 Releasing a Vegetation Permit|EPG 236.16.15.9 Releasing a Vegetation Permit]]). 
 +
 
 +
For monetary penalties, the information should be forwarded to the outdoor advertising technician to create an invoice.  This amount shoud also be recorded in TMS for the vegetation permit under “Fee”.  Upon payment, the invoice number should be referenced on the transmittal (see [[#236.16.24 Financial Transactions|EPG 236.16.24 Financial Transactions]]) and the vegetation permit shall be released (see EPG 236.16.15.9 Releasing a Vegetation Permit).
 +
 
 +
==236.16.16 Unauthorized Illegal Outdoor Advertising ==
 +
 
 +
This procedure provides guidance for the expeditious removal of unauthorized illegal signs in accordance with RSMo Section 226.580 and 7 CSR 10-6.080.  All controlled routes should be traveled for unauthorized sign activity during the [[#236.16.8.3 Biennial Inspection|biennial inspection]] and on a regular basis. 
 +
 +
Unauthorized illegal sign activity should be documented with photos and assigned a transaction number with a status of “ILLEGAL” and the appropriate reason.  The permit type should remain as “PSEUDO” with status “TEMPORARY” and reason “AUTO SETUP”.  The reason for the illegality should be noted in the comments section.  The area specialist may generate the [[media:236.16 Illegal Profile Sheet 2014.pdf|Illegal Profile Sheet]] for their records. 
 +
 
 +
Depending on the type of outdoor advertising and if the sign could meet the permit requirements, the appropriate courtesy letter generated and sent to the sign owner, advertiser or landowner.
 +
 
 +
* [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20COULD%20BE%20PERMITTED%201ST%20NOTICE.pdf Illegal Could be Permitted 1<sup>st</sup> Notice]
 +
 
 +
* Illegal Can’t be Permitted 1<sup>st</sup> Notice
 +
 
 +
* [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20EXEMPT.pdf Illegal Exempt]
 +
 
 +
* [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20EXEMPT%20UNKNOWN.pdf Illegal Exempt Unknown]
 +
 
 +
* [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20ON%20PREMISE%20REMOVAL.pdf Illegal On Premise Removal]
 +
 
 +
If a response is not received after thirty (30) days, a field inspection should be completed to confirm sign status.  Further research may be necessary to confirm ownership.  If the sign is has not been removed in its entirety, a second courtesy letter should be generated and sent to the sign owner, advertiser, or landowner. 
 +
 
 +
* [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ILLEGAL%20COULD%20BE%20PERMITTED%202ND%20NOTICE.pdf Illegal Could be Permitted 2<sup>nd</sup> Notice]
 +
 
 +
* Illegal Can’t be Permitted 2<sup>nd</sup> Notice
 +
 
 +
* Illegal Exempt
 +
 
 +
* Illegal Exempt Unknown
 +
 
 +
* Illegal On Premise Removal
 +
 
 +
If a response is not received and the sign has not been removed in its entirety after sixty (60) days of the original courtesy letter, a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] may be issued.  Landowner information should be obtained prior to issuing the notice and may be determined by researching county records in the assessor’s office.
 +
 
 +
==236.16.17 Issuing Notice to Remove or Notice to Terminate Outdoor Advertising ==
 +
 
 +
This procedure provides guidance for the expeditious removal of illegal outdoor advertising.  Illegal conforming and conforming out of standard outdoor advertising should be issued a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] in violation of RSMo Section 226.580 and 226.541.  Illegal nonconforming outdoor advertising should be issued a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising] in violation of RSMo Section 226.580 and 7 CSR 10-6.060.
 +
 
 +
A Request to Issue Notice should be generated and sent to the outdoor advertising manager for review.  Upon approval, the status should be changed to “ILLEGAL” with the appropriate reason and the Notice to Remove Outdoor Advertising, [[media:236.16 Notice to Remove Cover Owner 2014.jpg|Notice to Remove Cover-Owner]], and [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/NOTICE%20TO%20REMOVE%20COVER-LANDOWNER.pdf Notice to Remove Cover - Land Owner] generated for conforming and conforming out of standard outdoor advertising.  The [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising], [[media:236.16 Notice to Terminate Cover Owner 2014.jpg|Notice to Terminate Cover-Owner]], and [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/NOTICE%20TO%20TERMINATE%20COVER%20LANDOWNER.pdf Notice to Terminate Cover - Landowner] should be generated for nonconforming outdoor advertising.  The notice shouold include the reason(s) for the illegality and remedial action(s), if any, and sent certified mail to the sign owner and landowner.  If delivery of the certified mail to the sign owner or landowner is unsuccessful, the notice should be delivered by hand or personal service.  The date the certified mail was received, along with the certified mail number, or the date of delivery by hand or personal service should be entered under correspondence history.  Certified mail receipts and green cards should be placed in the file. 
 +
 
 +
Upon receipt of a notice, the sign owner or landowner has sixty (60) days to perform the remedial action(s), if any, indicated in the notice, or request an [[#236.16.18.2 Administrative Review Hearing|Administrative Review Hearing]].
 +
 
 +
If the sign owner or landowner has complied with the remedial action(s), if any, offered in the notice, the notice should be rescinded.  Information regarding the reason the remedial action was required and the date it was completed should be documented in the comments section.  The sign status should be changed from “ILLEGAL” back to the previous status with the appropriate reason. 
 +
 
 +
If the sign owner or landowner has not complied with the remedial action(s), if any, MoDOT may proceed with the removal process.  The [[media:236.16 Notice to Sign Owner 2014.jpg|Notice to Sign Owner]] and [[media:236.16 Notice to Landowner 2014.jpg|Notice to Landowner]] generated and sent to both the permit owner and landowner informs them that MoDOT will be contracting the removal of the sign.  All costs associated with the sign removal should be billed to the permit owner.
 +
 
 +
Upon removal of the sign, the permit status shall be changed to “VOID” with reason “REMOVAL” (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
 +
 
 +
==236.16.18 Outdoor Advertising Hearings==
 +
 
 +
This procedure provides guidance for the various inspection processes for outdoor advertising.   
 +
 
 +
===236.16.18.1 Informal Hearing===
 +
If the applicant requests an informal hearing within the required time-frame, a hearing should be scheduled.  The permit status should be updated to “ADMIN REV” and reason “INFORMAL”. 
 +
 
 +
The Outdoor Advertising Central Office will schedule all informal hearings and should notify the applicant, Outdoor Advertising Review Committee, Chief Counsel’s Office, outdoor advertising manager, and area specialist of the time and date of the hearing.  A letter containing this information should be sent to the applicant.  The letter should be attached in TMS and maintained in file storage.  The area specialist should inform the appropriate district engineer and area engineer of the hearing request. 
 +
 
 +
The review committee consists of the following MoDOT staff, as available on the date of the scheduled hearing: Assistant Chief Engineer, Assistant Design Engineer and Right of Way Director.  An attorney from the Chief Counsel’s Office also attends the hearing to advise the committee on legal issues.  The outdoor advertising manager or area specialist may also attend the hearing. 
 +
 
 +
A file including the application and rejection letter, along with other supporting data such as videos, photographs, drawings and maps should be provided to the committee members.
 +
 
 +
The Assistant Chief Engineer should chair the meeting.  The applicant is allowed the opportunity to present his / her case.  The area specialist answers questions as directed by the chair.  The committee reviews the information presented at the hearing and render a decision within five (5) business days. 
 +
 
 +
The outdoor advertising manager, with assistance from the Chief Counsel’s Office, prepares a letter of decision for the committee chair’s signature, which is sent to the applicant.  If the review committee upholds the denial, all reasons for denial must be listed in the letter and the permit status updated to “REJECTED” with the appropriate reason.  If the review committee overturns the permit application denial, the applicant should resubmit the original application (see [[#236.16.5 Permitting Outdoor Advertising|EPG 236.16.5 Permitting Outdoor Advertising]]).
 +
 
 +
The letter of decision should be attached in TMS and maintained in file storage. 
 +
 
 +
===236.16.18.2 Administrative Review Hearing===
 +
When a request for administrative review hearing is received, Outdoor Advertising Central Office will obtain the date the certified mail was signed by the requestor under correspondence history to determine if the sixty (60) day time requirement was met.  This information will be conveyed to the area specialist.  The area specialist should update the permit status to “ADMIN REV” with reason “FORMAL” and generate the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ADMINISTRATIVE%20REVIEW%20REQUEST.pdf Administrative Review Request].  The request, along with the following documentation, should be forwarded to the outdoor advertising manager:
 +
 
 +
* Copy of the application for the permit and attachments
 +
 
 +
* Copy of the [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] or [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising]
 +
 
 +
* Photos of the sign showing the illegality
 +
 
 +
* Summary report, which may include location, zoning, spacing and business information
 +
 
 +
The outdoor advertising manager will forward the request information to the Chief Counsel’s Office upon review. 
 +
 
 +
====236.16.18.2.1 Approval of Request for Administrative Review Hearing====
 +
If the request for hearing is within the sixty (60) day time-frame, the Chief Counsel’s Office should schedule the hearing and send written notification regarding the time, date and place of the hearing to the applicant, outdoor advertising manager, area engineer, district engineer and area specialist.
 +
 
 +
The outdoor advertising manager should review the information and schedule a meeting with the area specialist and Chief Counsel’s Office.  A follow up inspection and new photos may be required. 
 +
 
 +
At the hearing, the area specialist should be sworn in and testify to the reason(s) for issuing the notice.  After the hearing, the Hearing Examiner will render a decision as to whether the notice was lawfully issued.  This decision will be read before the Missouri Highways and Transportation Commission for a final decision.  This decision should be submitted in writing to the outdoor advertising manager, area engineer, district engineer and area specialist. 
 +
 
 +
If the decision is not in favor of the applicant, the applicant has thirty (30) days after the decision is rendered to appeal to the Circuit Court.  After the thirty (30) days has passed and if the permit owner has not removed the sign or filed an appeal, a memo from the Chief Counsel’s Office is generated allowing MoDOT to proceed with the [[#236.16.21 Removal Process|removal process]].  The [[media:236.16 Notice to Sign Owner 2014.jpg|Notice to Sign Owner]] and [[media:236.16 Notice to Landowner 2014.jpg|Notice to Landowner]] should be generated and sent to both the permit owner and landowner informing them that MoDOT will be contracting the removal of the sign.  All costs associated with the sign removal should be billed to the permit owner.
 +
 
 +
Upon removal of the sign, the permit status should be changed to “VOID” with reason “REMOVAL” (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
 +
 
 +
====236.16.18.2.2 Denial of Request for Administrative Review Hearing====
 +
If the request for hearing is outside the sixty (60) day time-frame, the request should be denied by the Chief Counsel’s Office.  Written notification regarding the denial should be sent to the applicant, outdoor advertising manager and area specialist.
 +
 
 +
The applicant has thirty (30) days after the request was denied to remove the sign structure in its entirety.  If the permit owner has not removed the sign structure within the thirty (30) day time-frame, MoDOT may proceed with the removal of the sign structure.  The Notice to Sign Owner and Notice to Landowner should be generated and sent to both the permit owner and landowner informing them that MoDOT will be contracting the removal of the sign.  All costs associated with the sign removal should be billed to the permit owner.
 +
 
 +
Upon removal of the sign, the permit status should be changed to “VOID” with reason “REMOVAL” (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
 +
 
 +
====236.16.18.2.3 Withdrawal of Request for Administrative Review Hearing====
 +
If either party requests a withdrawal of the administrative review hearing, the area specialist should generate the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/NOTICE%20OF%20WITHDRAWAL.pdf Notice of Withdrawal (OAN-15)] and forward the notice to the outdoor advertising manager.  Upon review, the outdoor advertising manager should forward the information to the Chief Counsel’s Office.
 +
 
 +
==236.16.19 Sign Structures Affected by Highway Projects==
 +
 
 +
This procedure provides guidance for the control and removal of outdoor advertising signs purchased by the Missouri Highways and Transportation Commission (MHTC).  The MHTC is directed to acquire by purchase, exchange, agreement, eminent domain, gift or condemnation and should pay just compensation for the removal of lawfully existing outdoor advertising signs.
 +
 +
District right of way should notify the area specialist of off-premises advertising located within the scope of a project and schedule a field inspection with design, right of way, construction personnel and other team members as required.  District right of way should provide the area specialist with the project number, parcel number, route, county and location of affected off-premises advertising. 
 +
 
 +
Upon review, the area specialist completes the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ODA%20PROFILE%20REPORT.pdf ODA Profile Report] for all off-premises advertising regardless of route. 
 +
 
 +
===236.16.19.1 Acquisition of Permitted Outdoor Advertising===
 +
For permitted signs, the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ODA%20PROFILE%20REPORT.pdf ODA Profile Report] is generated in TMS and forwarded to the district Right of Way Manager.  The report should be attached in TMS and maintained in file storage. 
 +
 
 +
When the sign is acquired, district right of way completes the report and forwards a copy to the area specialist. The completed report contains details of when the sign was purchased; extended possession agreements made between right of way and the permit owner and their terms; and removal information.  The permit owner and landowner information should be updated in TMS to MoDOT, PO Box 270, Jefferson City, MO  65102.  The completed profile report should be attached in TMS and maintained in file storage.
 +
 
 +
Once the sign is removed in its entirety, the area specialist should perform a [[#236.16.8.7 Removal Follow-up Inspection|removal follow-up inspection]] and void the permit (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]). 
 +
 
 +
'''Sign Agreement Reset Program'''
 +
 
 +
Qualifying signs displaced pursuant to RSMo 226.541 and 7 CSR 10-6.040 (7) should be reviewed by right of way and outdoor advertising for the sign agreement reset program.  If a qualifying sign meets the reset requirements as determined by the ODA Profile Report, right of way may offer the permit owner the option to reset the sign elsewhere within the same property or on property adjoining the property it is currently located within.
 +
 
 +
Right of Way completes the Partial Waiver and Reset Agreement with assistance from the area specialist.  Right of Way forwards a copy of the executed agreement to the area specialist.  Upon receiving the executed agreement, the area specialist updates the information in TMS and generate the [[media:236.16 Amended Permit.pdf|Amended Permit]] and [[media:236.16 Amended Permit Cover.pdf|Amended Permit Cover]].  The executed agreement, permit and supporting documentation, shoudl be attached in TMS and maintained in file storage.
 +
 +
The area specialist should ensure the following requirements contained in the agreement are satisfied. 
 +
 
 +
* The qualifying sign is removed from the construction limits as prescribed in the agreement.  Information regarding whether or not the sign has been removed within the prescribed time-frame should be documented in TMS with photos and comments; and forwarded to the district Right of Way Manager.
 +
 
 +
* The new sign is completely erected as prescribed in the agreement within six (6) months of the final inspection of the project.  If the sign is not erected as prescribed in the agreement, the permit should be voided (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
 +
 
 +
===236.16.19.2 Acquisition of Non-permitted Outdoor Advertising===
 +
For signs that are not permitted, the [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ODA%20PROFILE%20REPORT.pdf ODA Profile Report] should be generated from SharePoint and forwarded to the district Right of Way Manager.  The report should be maintained in file storage at the area office under ODA Profile Reports- Non Regulated Routes.
 +
 
 +
==236.16.20 Voiding of Outdoor Advertising Permits==
 +
 
 +
This procedure provides guidance for voiding outdoor advertising permits in accordance with RSMo Section 226.580, 7 CSR 10-6.070 and 7 CSR 10-6.080. 
 +
 
 +
===236.16.20.1 Voiding Upon Removal of the Sign===
 +
When a sign (including its support structure) has been removed, the following procedures should be followed prior to voiding of the permit.
 +
 
 +
* The [[#236.16.8.7 Removal Follow-up Inspection|removal follow-up inspection]] should be entered and the [[media:236.16 Signature to Void Permit 2014.jpg|Signature to Void Permit]] should be generated containing a photo of the sign before it was removed.  Two copies of the signature letter should be sent to the permit owner, along with a self-addressed stamped envelope.  One copy is for their records and the other is to be signed and returned for the file. 
 +
 
 +
* After receiving the signed signature letter, the permit should be voided.  The permit status should be changed to “VOID” with the appropriate reason and the [[media:236.16 Notice to Void Cover 2014.jpg|Notice of Void Cover]] and [[media:236.16 Notice of Void Permit 2014.jpg|Notice of Void Permit]] generated.  The cover letter and notice should be sent to the permit owner.  The signed signature letter and notice should be attached in TMS and maintained in file storage.
 +
 
 +
* The area specialist should verify outstanding fees associated with the permit under “Receivables List”.  If there are outstanding fees associated with the permit, the area specialist should forward a request for credit memo to the technician. 
 +
 
 +
Upon removal of a permitted sign (including the support structure), a permit may be voided without a signed Signature to Void Permit under the following conditions:
 +
 
 +
* The sign was not built within the two (2) year time-frame and the permit expired.
 +
 
 +
::- Photos of the proposed location confirming the sign was not built should be taken and attached in TMS.  The permit status should be changed to “VOID” with the reason “TIME LIMIT” and the Notice of Void Cover and Notice of Void Permit generated.  The cover letter and notice should be sent to the permit owner.  The notice should be attached in TMS and maintained in file storage.
 +
 
 +
* A [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] or [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising] has been issued and time limit has expired. 
 +
 
 +
::- The permit status should be changed to “VOID” with the appropriate reason and the Notice of Void Cover and Notice of Void Permit generated.  The cover letter and notice should be sent to the permit owner.  The notice should be attached in TMS and maintained in file storage.
 +
 
 +
* The sign was acquired for a project through district right of way.
 +
 
 +
::- The permit status should be changed to “VOID” with the reason “ACQUISITION” and the Notice of Void Permit generated.  The notice should be attached in TMS and maintained in file storage. 
 +
 +
===236.16.20.2 Voiding Without Removal of the Sign===
 +
A permit may be voided without removal of the sign structure under the following conditions:
 +
 
 +
* The outdoor advertising is no longer adjacent to a controlled route as approved by the Federal Highway Administration (FHWA) and reviewed by the outdoor advertising manager (see [[#236.16.10.2 Removing Controlled Routes|EPG 236.16.10.2 Removing Controlled Routes]]).
 +
 
 +
* The permit status should be changed to “VOID” with the reason “RT NO LONGER CONTROLLED” and the [[media:236.16 Route No Longer Controlled 2014.jpg|Route No Longer Controlled]] and [[media:236.16 Notice of Void Permit 2014.jpg|Notice of Void Permit generated.  The letter and notice should be sent to the permit owner.
 +
 
 +
* The FHWA documentation and notice should be attached in TMS and maintained in file storage.  Information regarding the route designation should also be documented in the comments section. 
 +
 
 +
* The sign has been changed to an on-premises sign and will no longer contain off-premises advertising.
 +
 
 +
* Upon receiving a signed statement from both the permit owner and landowner indicating the sign will no longer contain off-premises advertising, the permit status should be changed to “VOID” with the reason “VOID-BB TO ON PREMISE” and the [[media:236.16 Notice to Void Cover 2014.jpg|Notice of Void Cover]] and Notice of Void Permit generated.  The cover letter and notice should be sent to the permit owner.  The signed statement and notice should be attached in TMS and maintained in file storage.
 +
 
 +
==236.16.21 Removal Process==
 +
 
 +
This procedure provides guidance for the removal process in accordance with 7 CSR 10-6.080 upon issuance of notice (see [[#236.16.17 Issuing Notice to Remove or Notice to Terminate Outdoor Advertising|EPG 236.16.17 Issuing Notice to Remove or Notice to Terminate Outdoor Advertising]]).  The sign removal should be accomplished through contract.  The area specialist should contact General Services Procurement Central Office for further instructions. 
 +
 
 +
The district engineer, area engineer, maintenance superintendent and maintenance supervisor should be notified of the scheduled removal.  The area specialist should be present at the time of the removal.  Photos should be taken to adequately document each stage of the removal.  Upon removal, the permit should be voided (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]). 
 +
 
 +
The technician should manually generate an invoice issued to the permit owner for all charges incurred for the sign removal.  The invoice should be created in the financial transaction list in TMS with transaction type as “REMOVAL”.
 +
 
 +
==236.16.22 Monthly Reports==
 +
 
 +
Monthly reports should be run to ensure outdoor advertising policies are completed as prescribed.
 +
 
 +
The following reports should be run by the area specialist between the 1<sup>st</sup> and 6<sup>th</sup> each month unless otherwise noted:
 +
 
 +
* Active Vegetation Permits by Area or Active Vegetation Permits by Area by Route
 +
 
 +
* Biennial Permits Due by Area by County or Biennial Permits Due by Area and Name
 +
 
 +
* Delinquent Receivables or Receivables Past Due
 +
 
 +
* Digital Upgrade Report
 +
 
 +
* Extension Report by Copy Date
 +
 
 +
* Sign Inventory Details by Area by Travelway or Sign Inventory Details by County by Travelway (as necessary)
 +
 
 +
* Sign Inventory for Signs without GPS or Sign Inventory for Signs without GPS by County (as necessary)
 +
 
 +
* Transactions without Inspections (end of month)
 +
 
 +
The following reports should be run by the technician monthly unless otherwise noted:
 +
 
 +
* Active Vegetation Permits by Area
 +
 
 +
* Billboard Inventory Status Report (by area- 1<sup>st</sup>)
 +
 
 +
* Billboard Inventory Status with GPS by Area (1<sup>st</sup>)
 +
 
 +
* Cash Receipts
 +
 
 +
* Customers without FMS Numbers
 +
 
 +
* Delinquent Receivables  or Receivables Past Due
 +
 
 +
* Exempt Permits Due by Area by County (for current month)
 +
 
 +
* Financial Transactions Logged Not Sent to FMS (between 1<sup>st</sup> and 7<sup>th</sup>)
 +
 
 +
* Monthly Financial Activity Report (1<sup>st</sup>)
 +
 
 +
* Paid Renewals with No Permits Issued (for previous month)
 +
 
 +
* Sign Inventory Details for Permits Due by Area by County (1<sup>st</sup>)
 +
 
 +
* Transactions without Inspections (25<sup>th</sup>)
 +
 
 +
* Permit Activity Report
 +
 
 +
==236.16.23 Measuring and Locating Outdoor Advertising by GPS==
 +
 
 +
All permitted outdoor advertising should be measured and located by Global Positioning System (GPS) coordinates by March 31, 2015.  Keeping safety as a priority, area specialists should work in teams to collect this data.  Each team is assigned a set of equipment which includes a Trimble, camera and laser.  After the initial collection, area specialists should measure and locate newly erected signs during the [[#236.16.8.3 Biennial Inspection|biennial inspection]]. 
 +
 
 +
The area specialist should run the report “Sign Inventory for Signs without GPS” or “Sign Inventory for Signs without GPS by County” to determine permits that have not been measured and located by GPS. 
 +
 
 +
==236.16.24 Financial Transactions==
 +
 
 +
Fees may be received within each area office or in the Central Office; or by calling 573-526-4280 between 7:30 a.m. and 5:00 p.m. Monday thru Friday (see [http://modot.org/business/Outdoor_Advertising/documents/Announcinganewserviceflyer.pdf Payment Options]).  A Transmittal of Money shall be completed and forwarded to the Financial Services.  Fees shall be deposited the same day as received.  A copy of the transmittal shall be kept in the area office for one year.
 +
 
 +
The transmittal shall be completed as follows:
 +
 
 +
* Issued To- DE RW ODA
 +
 
 +
* Date Issued- current date
 +
 
 +
* Attach check to the transmittal form
 +
 
 +
* Type of Payment- Outdoor Advertising
 +
 
 +
* Total Transmittal Amount- amount of check
 +
 
 +
* ODA Area #- ODA area number where junkyard or billboard is located
 +
 
 +
* Invoice #- Used for fees that have been invoiced
 +
 
 +
* Permit #- For vegetation permits, list the original permit / vegetation permit
 +
 
 +
* Refundable Deposit- “Yes” for cash performance bonds; all others “No”
 +
 
 +
* Description- Transaction fee type
 +
::- New billboard permit
 +
::- New billboard permit- grandfathered ($28.50 fee)
 +
::- Biennial fees for billboard
 +
::- Transfer fees for billboard
 +
::- Deposit for vegetation permit
 +
::- Vegetation cutting fees
 +
::- Junkyard renewal license
 +
::- New junkyard license
 +
 
 +
* District/Division Contact- Area Specialist
 +
 
 +
* Telephone Number- Area Specialist telephone number
 +
 
 +
===236.16.24.1 Request for Refund===
 +
A request for refund should be forwarded to the outdoor advertising technician with the following information.  Upon review, the technician should forward the refund request to the Financial Services Office for processing. 
 +
 
 +
* Customer Name
 +
 
 +
* Check No.
 +
 
 +
* Customer No.
 +
 
 +
* Transmittal No
 +
 
 +
* Outdoor Advertising Permit No.
  
The area to be cut shall be documented by taking photos.  The photo(s) shall be attached to the billboard file in [[:Category:145 Transportation Management Systems (TMS)|TMS]].  Identify photo by using “V” permit number date (example V-23492-072103).
+
* Amount
  
The area office may compose a letter to the applicant with the measurements and amount computed for cutting vegetation.  (See sample Vegetation Fee letter).  The dollar amount shall be recorded in TMS.  When the check is received for the measurable vegetation to be cut, the monies shall be recorded in TMS.  (See [[236.16 Outdoor Advertising#236.16.3.1 Processing Financial Transactions|Processing Financial Transactions]]).  Fee’s received for vegetation cutting shall be deposited into the road fund and are paid by the applicant for the loss of said vegetation when it is cut and removed.
+
* Reason
  
If the vegetation site inspection is passed, the permit shall be issuedThe cover letter and vegetation permit shall be sent to the permit applicant.
+
===236.16.24.2 Request for Credit Memo===
 +
A request for credit memo should be forwarded to the technician with the following informationUpon review, the technician should forward the request for credit memo to the Financial Services Office for processing.
  
A copy of the vegetation permit shall be sent to the district roadside manager and maintenance supervisor or area engineer.
+
* Customer Name
  
If the vegetation site inspection fails, reject vegetation application.  Complete the [[media:Reject Application Cover.doc|Rejection Letter]] with all reasons for rejection checked and mail to applicant along with the original application.  Keep a copy of rejection and application in a file marked Rejected Vegetation Applications.  If fees were submitted, a refund shall be requested through the Central Office, ODA.  The following information must be provided:  The name and address on the check, the amount, the transmittal number, the check number, and the reason the money is being refunded.
+
* Customer No.
  
The area specialist shall inspect the site when the work is completed or at the end of 120 days, when the permit expires, to ensure the work was done to the specifications outlined in the application and that there was no damage to Commission-owned property.  The area where the cutting/trimming was performed may be documented by taking photos.  The follow-up inspection and pictures shall be entered and attached in TMS.
+
* Outdoor Advertising Permit No.
  
Copies of vegetation applications and documentation shall be retained for 3 years in a file marked Permitted Vegetation Applications.
+
* Invoice No.
  
If an illegal cutting and/or damage to Commission–owned property occurs, immediately take photographs of the location.  Document the damages and prepare a letter to the sign owner advising them of the amount of damage that occurred.  The sign company may also need to apply for a Vegetation Permit Application to perform clean up work.
+
* Line No.
  
==236.16.9 Sign Structures/Junkyards Affected by Highway Projects==
+
* Amount
  
This procedure provides guidance for the control and removal of signs purchased by the MHTC, and the concealment of junkyards affected by highway projects.  The MHTC is directed to acquire by purchase, exchange, agreement, eminent domain, gift or condemnation and shall pay just compensation for the removal of lawfully existing outdoor advertising signs permitted to be maintained under sections [http://www.moga.mo.gov/STATUTES/C226.HTM 226.500 to 226.600 RSMo].  MoDOT is encouraged to conceal any junkyards that are open to visibility due to a new highway project under sections [http://www.moga.mo.gov/STATUTES/C226.HTM 226.600 to 226.720 RSMo].
+
* Area
  
The Right of Way Director is notified of the approval of plans and prepares a Letter of Certification and sends to the area office advising them of the project.
+
* Reason
  
The area office shall determine if signs or junkyards exist within the scope of the project. The area office verifies their findings with district right of way and shall generate an [[media:Advertising Profile Report.doc|ADV Profile Report]] from TMS for each sign affectedA field inspection with design, right of way, construction personnel, and/or other project team members may be required(Note:  There is not a profile report for junkyards at this time.)
+
===236.16.24.3 Biennial Renewal Fees ===
 +
This procedure provides guidance regarding the biennial renewal fee and delinquent fee process in accordance with RSMo Section 226.550 and 7 CSR 10-6.070Invoices are created in the Financial Services Office and mailed directly to the permit owner.   
  
The [[media:Advertising Profile Report.doc|ADV Profile Report]] shall be placed in the permit file and a copy shall be forwarded to the district right of way managerWhen the sign is acquired, district right of way will complete the ADV Profile Report and forward a copy to the area office.  The completed report contains details of when the sign was purchased, extended possession agreements made between right of way and the sign owner and their terms, who will remove the sign, and when the removal will take place.  The completed profile report shall be scanned and attached to the file in [[:Category:145 Transportation Management Systems (TMS)|TMS]].
+
Permit owners have thirty (30) days from the invoice date to pay the invoiceIf payment is not received within the thirty (30) day time-frame, a total of four (4) invoices will be generated over a four (4) month period or until the payment is received as outlined below.
  
For each sign purchased or junkyard affected, comments shall be placed in TMS.  The billboard file shall be flagged as a pending purchase and the junkyard file as affected by a highway project.  If the sign is due for renewal, the area specialist shall verify whether or not the sign has been purchased. If the sign purchase is not complete, the normal renewal process shall continue.
+
* Initial invoice is generated and due in thirty (30) days
  
When the sign purchase is complete and the area office is notified by return of the [[media:Advertising Profile Report.doc|ADV Profile Report]], the ownership of the sign shall be changed in TMS to MoDOTA comment shall be made that the sign has been purchased and details of the removal. The completed ADV Profile Report shall be scanned and attached to the permit in TMS.
+
* If payment is not received within thirty (30) days of the due date, a second invoice is generated. 
 +
 
 +
* If payment is not received within sixty (60) days of the original due date, a third invoice is generated. 
 +
 
 +
* If payment is not received within ninety (90) days of the original due date, an invoice indicating Final Notice is generated. 
 +
 
 +
* If payment is not received within one hundred eighty (180) days of the original due date, an invoice referring to legal action is generated. 
 +
 
 +
If payment has not been received and the renewal fee is twelve (12) months delinquent a [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Remove.pdf Notice to Remove Outdoor Advertising] or [http://ghepg01/forms/RW/Chapter%2016_Outdoor%20Advertising/Notice%20to%20Terminate.pdf Notice to Terminate Nonconforming Outdoor Advertising] may be issued.
 +
 
 +
Between the 1<sup>st</sup> and 6<sup>th</sup> of each month, the area specialist and technician should run the report “Delinquent Receivables” or “Receivables Past Due” to determine which permits are delinquent.  The area specialist and technician should contact the permit owner regarding payment after the invoice reaches thirty (30) days past due until payment is received.
 +
 
 +
==236.16.25 File Storage Process ==
 +
 
 +
All outdoor advertising permit files should be kept in each area office in numerical order and electronically in TMS as they are createdThe following documentation should be retained in both files:
 +
 
 +
* Original application and supporting documentation
 +
 
 +
* Original permit
 +
 
 +
* Transfer application(s) and documentation
 +
 
 +
* Transfer permit(s)
 +
 
 +
* Vegetation application including documentation (hard copy file only)
 +
 
 +
* Cutout/extension information (hard copy file only)
 +
 
 +
* Digital upgrade request
 +
 
 +
* Digital upgrade approval/denial
 +
 
 +
* Partial Waiver and Reset Agreement
 +
 
 +
* [http://sharepoint/systemdelivery/RW/rwglobal/outdoorad/Shared%20Documents/EPG/EPG%20Changes%202014/CORRESPONDENCE/PDF%20Version/ODA%20PROFILE%20REPORT.pdf ODA Profile Report]
 +
 
 +
* Correspondence that is not generated in TMS
 +
 
 +
* Any other documents crucial to the history of the permit
 +
 
 +
The file label for the area office file should include the following information:
 +
 
 +
{| style="margin: 1em auto 1em auto"
 +
|-
 +
!align="left"|Example: ||  ||
 +
|-
 +
|width="175"|Permit No.:  1234 ||Anniversary Date: 01/01/2014 ||
 +
|-
 +
|Route: US 54 E ||Log: 129.330   ||County: Miller
 +
|}
  
The area office shall continue to work closely with district right of way, project manager, construction, and maintenance to monitor the sign removal or screening progressWhen the area office is notified of the sign removal, it shall be verified with a field inspection, a photo taken and the permit voided in TMS.
+
===236.16.25.1 Photographs===
 +
Digital photos should be taken and attached in TMS using the naming convention belowVegetation photos are uploaded under the original permit number, not the vegetation permit number.
  
==236.16.10 Sunshine Law & File Retention==
+
Photos can be uploaded individually in TMS under “Media”, “Add Document” or through the mass media upload process using the naming convention below.
  
===236.16.10.1 [http://www.modot.mo.gov/about/commission/introsunshinelaw.htm Sunshine Law] (Open Records)===
+
Data for each media file includes:
  
It is the policy of the Missouri Department of Transportation (MoDOT) to comply with the provisions of [http://www.moga.mo.gov/STATUTES/C610.HTM Chapter 610] of the 2000 Revised Statutes of Missouri (RSMo), as amended, the Missouri Open Records (Sunshine) law.  MoDOT recognizes that it is the public policy of the State of Missouri that meetings, records, etc., of public governmental bodies are open to public inspection unless specifically otherwise provided.  Outdoor Advertising, a section of MoDOT, implements this Open Records Policy and Procedure to respond to requests for access to Outdoor Advertising and Junkyard records.  Requests for information other than the ODA Document list, (any items except ODA Brochures and Rules & Regulations for Junkyards and Outdoor Advertising) must be submitted on the [http://www.modot.mo.gov/about/RecordsRequest.htm Records Request Questionnaire].  MoDOT has appointed the Secretary to the Commission as the custodian of such records as required by [http://www.moga.mo.gov/STATUTES/C610.HTM Section 610.023 RSMo], as amended.  Requests shall be forwarded to Secretary of the Commission, PO Box 270, Jefferson City, Missouri 65102, or by fax (573) 526-5419.
+
* Name: the following naming convention should be used for all images
  
The Outdoor Advertising personnel may be required to make copies or research data to satisfy the request.  After the information has been compiled, the documents shall be forwarded, along with amount of time spent, to the appropriate Chief Counsel’s office.  The Chief Counsel’s office will review the information and the costs calculated are billed to the requestor.  The information will be forwarded to the requestor after payment is received.  Chief Counsel’s office shall maintain copies of all requests indefinitely.
+
:: Permit #-Date Taken-Sequence
  
===236.16.10.2 File Storage Process===
+
:::Example: 50297-010114-1
  
All Outdoor Advertising and Junkyard permit files shall be kept in numerical order and the following documentation shall be retained in the file:
+
* View: Front, back, double, left, right, removal, unbuilt, business, vegetation, damaged, other, Violation, NA
  
:*Original application and attachments,
+
* Media Type: Image
:*Original permits,
 
:*Any correspondence that is not generated from [[:Category:145 Transportation Management Systems (TMS)|Transportation Management System (TMS)]].
 
  
TMS will keep a history of correspondence generated.  Photographs may be viewed in TMS.
+
* Media Date: Date photo was taken
  
===236.16.10.3 Retention of Records===
+
* Permit Number
  
Informal Hearing, Administrative Hearing & other Court Case files shall be retained for 10 years.
+
===236.16.25.2 Retention of Records===
 +
All files, correspondence and photographs should be retained for five (5) years following voiding of the permit or transaction.  Copies of transmittal of money should be retained for one year.
  
:*Voided files shall be retained for '''3 years'''.
+
==236.16.26 Sunshine Law (Open Records Request)==
  
:*Rejected applications shall be retained for '''3 years'''.
+
It is the policy of MoDOT to comply with the provisions of Chapter 610 of the 2000 Revised Statutes of Missouri (RSMo), as amended, the Missouri Open Records (Sunshine) law.  Outdoor Advertising, a section of MoDOT, implements this Open Records Policy and Procedure to respond to requests for access to outdoor advertising records.  Requests for information other than the outdoor advertising document list, brochures and rules or regulations must be submitted on the [http://www.modot.org/about/RecordsRequest.htm Records Request Questionnaire].  MoDOT has appointed the Secretary to the Commission as the custodian of such records as required by Section 610.023, RSMo, as amended. Requests should be forwarded to the Secretary of the Commission, PO Box 270, Jefferson City, Missouri 65102, or by fax (573) 526-5419.
  
:*Transmittals shall be retained for '''2 years'''.
+
Outdoor advertising personnel may be required to make copies or research data to satisfy the request. After the information has been compiled, the documents should be forwarded, including amount of time spent, to the Chief Counsel’s Office.  The Chief Counsel’s Office will review the information and the costs calculated will be billed to the requestor.  The information will be forwarded to the requestor after payment is received.  The Chief Counsel’s Office maintains copies of all requests indefinitely. 
  
:*All other correspondence shall be retained for '''1 year'''.
 
  
'''Photographs'''
 
  
Digital photos shall be taken and attached to the corresponding permit file in TMS.
 
  
'''Scanning Documents'''
 
  
All active permit files shall be scanned.  New files shall be scanned as they are acquired.
 
  
Documents in each file that shall be scanned are:
 
  
:*Original application and any supporting documentation
 
:*Original permit
 
:*All transfer permits and applications
 
:*Any other documents crucial to the history of the permit
 
  
Documents shall be scanned according to current [http://epg.modot.mo.gov/forms/RW/Chapter%2016_Outdoor%20Advertising/scanning%20procedure.doc scanning procedures].
 
  
==236.16.11 Tracking Process for Cutouts or Extensions==
 
  
This procedure provides guidance for the tracking and documentation of temporary cutouts or extensions to billboards based on [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.060].
 
  
A cutout or extension added after the sign status has changed to nonconforming may remain in place for a period of time of no more than 3 years or the term of the display contract, which ever is the shortest.  After an outdoor advertising structure has had a cutout or extension, a cutout or extension shall not be placed on that structure for a period of 6 months. A cutout or extension may remain in place if it was on a conforming board prior to the sign becoming nonconforming.  However, if the display is changed after the sign becomes nonconforming, it may then be subject to meeting the requirements set out in [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.060].
 
  
When a cutout or extension is discovered, the photo will be added to TMS and archived photos will be reviewed.  A [[media:Cutout Extension.doc|request letter]] for display contract information will be sent to the permit owner at that time.  When the information is received, it shall be documented in TMS.
 
  
The '''Extension Report by Area by County''' (found in TMS Queries and Reports) shall be generated to determine if the cutout or extension contract has expired.  If it is determined that the cutout or extension is not in compliance with current statutes and regulations, a Notice to Terminate will be sent.  A Notice to Terminate (NTT) is sent for non-conforming sign(s) that are in violation of [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.060].
 
  
 
[[category:236 Right of Way|236.16]]
 
[[category:236 Right of Way|236.16]]

Revision as of 10:55, 30 May 2014

236.16 ODA1.jpg

The Federal Highway Beautification Act of 1965 requires MoDOT to regulate outdoor advertising under 23 CFR Section 750. Missouri’s rules and regulations regarding the control of outdoor advertising are located in RSMo Sections 226.500 to 226.600 and 7 CSR 10-6. MoDOT is required to regulate the location, size, spacing and lighting of outdoor advertising signs. Municipalities may enact ordinances that are more restrictive than state outdoor advertising regulations.

In order to maintain effective control of outdoor advertising, an inventory system is maintained in MoDOT's Transportation Management System (TMS). This allows staff to directly link to relevant MoDOT applications; easily update and manage sign traits; attach and view photos and correspondence; and generate template correspondence and reports.

Failure to provide effective control of outdoor advertising could cause the State of Missouri to lose up to ten (10) percent of its annual share of Federal Highway Administration construction money as provided in 23 USC 131 (b) and Missouri's federal-state agreement between MoDOT and the Federal Highway Administration dated February 22, 1972.

Correspondence
Administrative Review Request Amended Permit
Amended Permit Cover Biennial Permit Cover
Courtesy Conforming Out Of Standard Damaged Courtesy Nonconforming Damaged
Courtesy Obsolete Ad or No Ad Cutout Extension Expire
Cutout Extension Request Digital Box Request
Digital Upgrade Approval Digital Upgrade Denial
Digital Upgrade Expire Illegal Can't Be Permitted 1st Notice
Illegal Can't Be Permitted 2nd Notice Illegal Could Be Permitted 1st Notice
Illegal Could Be Permitted 2nd Notice Illegal Exempt
Illegal Exempt Unknown Illegal on Premise Removal
Illegal Profile Sheet MAP 21 Notification
MAP 21 Notification Exempt New Permit
New Permit Cover Notice to Landowner
Notice to Remove Cover-Landowner Notice to Remove Cover-Owner
Notice to Remove Outdoor Advertising Notice to Sign Owner
Notice to Terminate Cover-Landowner Notice to Terminate Cover-Owner
Notice to Terminate Nonconforming Outdoor Advertising Notice of Void Cover
Notice of Void Permit Notice of Withdrawal
ODA Profile Report Reject Application-Cover
Reject Transfer-Cover Reject Vegetation-Cover
Repair Letter Conforming Repair Letter Conforming Out of Standard
Repair Letter Nonconforming Route No Longer Controlled
Sign Status Conforming Out of Standard Sign Status Nonconforming
Signature to Void Permit Transfer or Biennial Permit
Transfer Permit Cover Vegetation Fee
Vegetation Permit Vegetation Permit Cover
Forms
Application for Permit to Erect and/or Maintain Outdoor Advertising Application for Transfer of Outdoor Advertising Permit(s)
Application for Outdoor Advertising Vegetation Permit
Additional Information
Billboard Diagram County Billing Cycle Chart
Types of Outdoor Advertising Chart Freeway/Primary Diagram
Location Diagrams Outdoor Advertising Area Map
Outdoor Advertising Internet Site Performance Bond
Qualifying Business Checklist Records Request Questionnaire
Tree Pruning Chart Vegetation Fee Schedule Chart
E-Newsletter
The Outdoor Advertiser
Brochures
Directional, Service Club and Religious Signs State of Missouri’s Rules Governing Outdoor Advertising
Outdoor Advertising Rules and Regulations Payment Options
Controlled Routes
Billboard Controlled Routes Map Billboard Controlled Routes Map by County
Billboard Controlled Routes Report

Contents

236.16.1 General Information

236.16.1.1 Reason

Procedures have been established to enable outdoor advertising staff to be informed and able to perform their duties in a skillful manner. Each employee is a professional and must accomplish assigned duties in a proficient manner.

236.16.1.2 Scope

This procedure guide contains the regulations, requirements and procedural directives governing the operations of outdoor advertising control and will be updated and amended as needed.

236.16.1.3 Purpose

This article is to be used as the policy and procedure guide for MoDOT. The contents establish a uniform method for completing each phase of the outdoor advertising process. Authority to deviate from the prescribed policy should be obtained from the outdoor advertising manager.

236.16.1.4 One Standard of Operation

MoDOT has only one standard of operation, which is applicable for all outdoor advertising processes.

236.16.1.5 Federal Regulations

Federal regulations governing outdoor advertising are located in 23 CFR Section 750. The Federal Highway Administration and MoDOT work cooperatively to ensure federal requirements are met to avoid loss of construction money.

236.16.2 Organization & Personnel

The role of MoDOT's outdoor advertising staff is to promote consistent business practices for the control of outdoor advertising. This effort is achieved through cooperation with the industry, public and other federal, state and city organizations, as well as MoDOT partnering divisions.

The Outdoor Advertising Central Office is located in Jefferson City, Missouri, with six area specialists located throughout the state to best serve our customers. Activities outlined in the following portions of this article should be undertaken by each outdoor advertising employee.

236.16.2 map 2013.jpg

Area office locations are listed as follows:

Area 1: (660) 385-8264

Missouri Department of Transportation
26826 US Hwy 63
Macon, MO 63552
Attn: Outdoor Advertising Permit Specialist

Counties include: Adair, Andrew, Atchison, Buchanan, Caldwell, Clark, Clinton, Daviess, DeKalb, Gentry, Grundy, Harrison, Holt, Knox, Lewis, Linn, Livingston, Macon, Marion, Mercer, Monroe, Nodaway, Putnam, Ralls, Schuyler, Scotland, Shelby, Sullivan, Worth


Area 2: (573) 751-7187

Missouri Department of Transportation
P.O. Box 718
Jefferson City, MO 65102
Attn: Outdoor Advertising Permit Specialist

Counties include: Boone, Carroll, Cass, Chariton, Clay, Cole, Cooper, Howard, Jackson, Johnson, Lafayette, Moniteau, Pettis, Platte, Randolph, Ray, Saline


Area 3: (314) 453-1870

Missouri Department of Transportation
1590 Woodlake Drive
Chesterfield, Mo 63017
Attn: Outdoor Advertising Permit Specialist

Counties include: Audrain, Callaway, Crawford, Franklin, Gasconade, Jefferson, Lincoln, Montgomery, Osage, Pike, St. Charles, St. Louis, St. Louis City, Warren


Area 4: (417) 895-7648

Missouri Department of Transportation
P.O. Box 868
Springfield, MO 65801
Attn: Outdoor Advertising Permit Specialist

Counties include: Barry, Barton, Bates, Cedar, Christian, Dade, Greene, Henry, Jasper, Lawrence, McDonald, Newton, St. Clair, Stone, Taney, Vernon


Area 5: (417) 895-1333

Missouri Department of Transportation
P.O. Box 868
Springfield, MO 65801
Attn: Outdoor Advertising Permit Specialist

Counties include: Benton, Camden, Dallas, Douglas, Hickory, Howell, Laclede, Maries, Miller, Morgan, Ozark, Phelps, Polk, Pulaski, Texas, Webster, Wright


Area 6: (573) 472-5352

Missouri Department of Transportation
P.O. Box 160
Sikeston, MO 63801
Attn: Outdoor Advertising Permit Specialist

Counties include: Bollinger, Butler, Cape Girardeau, Carter, Dent, Dunklin, Iron, Madison, Mississippi, New Madrid, Oregon, Pemiscot, Perry, Reynolds, Ripley, St. Francois, Ste. Genevieve, Scott, Shannon, Stoddard, Washington, Wayne


Applications, brochures and other information can be acquired through the central office, area offices or MoDOT’s outdoor advertising website. Completed applications can be mailed or hand delivered to the address listed above for the applicable county.

236.16.3 Controlled Routes

MoDOT is responsible for regulating outdoor advertising adjacent to the Interstate System, National Highway System (NHS) and highways classified as Federal Aid Primary as of June 1, 1991 (FAP-1991). (Refer to the map, county map or description).

On October 1, 2012, the federal transportation reauthorization act, Moving Ahead for Progress in the 21st Century (MAP 21) became effective, modifying the routes that are classified as part of the enhanced NHS. Off-premises signs located along these routes prior to October 1, 2012, will be grandfathered and required to obtain an outdoor advertising permit from MoDOT (see EPG 236.16.10.1 Adding Controlled Routes). After October 1, 2012, off-premises advertising along these routes shall meet current permit requirements and obtain a permit from MoDOT prior to erection (see EPG 236.16.5 Permitting Outdoor Advertising).

Routes classified as FAP-1991, will continue to be regulated for the control of outdoor advertising regardless of owner or functional classification changes.

Based on changes made to functional classifications, routes classified as NHS that are not classified as FAP-1991, may be added or removed for the control of outdoor advertising.

MoDOT Transportation Planning, with approval from the Federal Highway Administration, determines this information (see EPG 236.16.10 Adding or Removing Controlled Routes).

236.16.4 Types of Outdoor Advertising

MoDOT is responsible for regulating outdoor advertising adjacent to controlled routes. Off-premises signs located along these routes are required to obtain and maintain an outdoor advertising permit from MoDOT. On-premises signs are not required to meet the permit requirements or obtain a permit from MoDOT. The Types of Outdoor Advertising Chart may be referenced when determining the type of outdoor advertising.

There are three types of outdoor advertising:

  • Billboard Signs
  • Directional Signs
  • Service Club and Religious Signs

236.16.4.1 Billboard Signs

A billboard is outdoor advertising that displays products or services that are not available at the sign location. Billboard signs require a $200 application fee with $100 biennial renewal fees. Standards for billboard signs are located in RSMo Section 225.540 and 7 CSR 10-6.040.

236.16.3.3 ODA3.jpg

236.16.4.2 Directional Signs

Directional signs are signs containing directional information that have been determined to be of interest to the traveling public. Applications for new directional signs are reviewed by the outdoor advertising manager for approval. Outdoor advertising that meets the directional criteria requires a $200 application fee with $100 biennial renewal fees. Standards for directional signs are located in RSMo Section 226.520 and 7 CSR 10-6.020.

236.16.4.3 Service Club and Religious Signs

236.16.3.4 ODA2.jpg

Service club and religious notices are signs and notices relating to meetings of nonprofit service clubs, charitable associations, educational institutions, or religious services. These signs are issued to the club or organization and cannot bear an advertising message.

If the size of the sign face is thirty-two (32) square feet or less, the sign may be permitted without payment of fees and does not have to meet spacing or location requirements.

If the size of the sign face is greater than thirty-two (32) square feet, but seventy-six (76) square feet or less, the sign may be granted a permit without payment of fees; however, it is required to meet spacing and location requirements.

If the size of the sign face is greater than seventy-six (76) square feet and less than eight hundred (800) square feet, the sign will be classified as a billboard and meet all statutory spacing and location requirements. These signs require a $200 application fee with $100 biennial renewal fees (see EPG 236.16.4.1 Billboard Signs).

236.16.5 Permitting Outdoor Advertising

This procedure provides guidance for the permitting process of outdoor advertising in accordance with RSMo Sections 226.500 to 226.600 and 7 CSR 10-6.

236.16.5.1 Application Process

Upon receipt of an Application for Permit to Erect or Maintain Outdoor Advertising, the following procedures apply:

  • The application should be time and date stamped. If two or more applications are received at the same time or the time/date cannot be distinguished, the area specialist should contact the outdoor advertising manager for direction. In general, the time/date stamp or postmark dictates the order the applications are accepted for review.
  • The information provided on the application, including involved party information, should be entered and assigned a transaction number with status “RECORDED” with reason “PENDING”; and appropriate permit type (see EPG 236.16.4 Types of Outdoor Advertising), status “RECORDED” with reason “PENDING INSPECTION”.
  • Outdoor advertising permit applications will be reviewed in the order received within ten (10) working days.
  • If clarification of an item is necessary, a phone call may be placed to obtain clarification. The conversation may be documented in the comment section. If written clarification is necessary, the applicant may be given an appropriate deadline of not more than ten (10) working days to respond.
  • The area specialist should perform a site inspection and enter this information into TMS.

Original applications that have been resubmitted should be entered under the original transaction number with permit status of “RESUBMITTED” and reason “RESEARCH”.

236.16.5.2 Moratorium of New Outdoor Advertising Permits

In accordance with RSMo Section 226.541 and 7 CSR 10-6.040 (6), a moratorium of new outdoor advertising permits will be imposed within the outdoor advertising control area for that section of highway scheduled for construction or reconstruction where funding for right of way acquisition is approved by the Missouri Highways and Transportation Commission under the Statewide Transportation Improvement Program (STIP).

Area specialists should be familiar with STIP projects in their respective area. Applications that meet the moratorium requirements shall be rejected (see EPG 236.16.5.5 Denying a New Permit).

236.16.5.3 Outdoor Advertising Prohibited Adjacent to Scenic Byways

In accordance with 7 CSR 10-12.030 (12), no new outdoor advertising devices, with the exception of directional and service club and religious type signs, are allowed adjacent to highways designated as scenic byways. Areas zoned commercial or industrial at the time of designation shall not be considered scenic byways. Billboard type applications in areas adjacent to a scenic byway should be rejected (see EPG 236.16.5.5 Denying a New Permit).

236.16.5.4 Issuing a New Permit

If the application and site inspection meet the requirements, a permit shall be issued. The permit status shall be changed to “ACCEPTED” with reason “COMPLIANT” and the New Permit and New Permit Cover generated and sent to the permit owner. The permit and the application, along with the supporting documentation, should be attached in TMS and maintained in file storage.

236.16.5.5 Denying a New Permit

If the application and / or site inspection does not meet the requirements, the application should be rejected. The permit status shall be changed to “REJECTED” with the appropriate reason and the Reject Application Cover generated explaining the reason(s) for the rejection. Additional information regarding the rejection may be documented in the comment section. The rejection letter, along with the application and supporting documentation should be attached in TMS and maintained in file storage. The original application and supporting documentation should be returned to the applicant with the rejection letter. A refund of the application fee shall be requested through the Financial Services Office (see EPG 236.16.24.1 Request for Refund).

In accordance with 7 CSR 10-6.070 (5), if an application is rejected, the applicant shall have twenty (20) working days to request in writing an informal hearing for the purpose of appealing the rejection.

236.16.6 Permit Renewal

This procedure provides guidance for the biennial sign inspection process and the renewal of permits pursuant to RSMo Section 226.550 and 7 CSR 106.070.

Newly issued permits are renewed two (2) years after the initial anniversary date. Following the two (2) year anniversary date, newly issued permits are pro-rated and placed in their respective county. Permitted signs are inspected during the same month biennially by county (see County Billing Cycle Chart).

Between the 1st and 6th of each month, area specialists run the report “Biennial Permits Due by Area by County” or “Biennial Permits Due by Area and Name” to determine which permits are due for inspection. Prior to the end of the month, the specialist runs the report “Transactions without Inspections” to ensure all permits have been inspected. (Note: permits that do not require a biennial fee and have not been inspected will not appear on this report).

All controlled routes in the county(s) due should be traveled for unauthorized illegal sign activity during the biennial inspection sixty (60) day time window. Unauthorized illegal sign activity should be documented and entered in TMS (see EPG 236.16.16 Unauthorized Illegal Outdoor Advertising).

The biennial inspection, including comments, changes and photos, should be entered within the sixty (60) day inspection window. Permits that have a passing biennial inspection will be included in the billing cycle. Invoices are created in the Financial Services Office and mailed directly to the permit owner (see EPG 236.16.24.3 Biennial Renewal Fees).

The technician runs the monthly report “Cash Receipts” and generate the Biennial Permit Cover and Biennial Permit for permits with a biennial payment. The cover letter and permit should be sent to the permit owner.

The technician runs the monthly report “Exempt Permits Due by Area by County” and generate the Biennial Permit Cover and Biennial Permit for permits that do not require a biennial fee.

Newly issued permits that were not built within the two (2) year time-frame shall be voided (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

236.16.7 Status of Permitted Outdoor Advertising

Permitted outdoor advertising signs are classified as recorded, conforming, conforming out of standard, nonconforming, or illegal based on current statutory and administrative rule requirements for outdoor advertising.

The sign status should be updated during the inspection process and as required. Permit owners should contact the area pecialist prior to making any structural changes to a sign to ensure compliance.

236.16.7.1 Recorded

Upon receiving an Application for Permit to Erect or Maintain Outdoor Advertising, the status for the transaction is classified as recorded. Transactions that are accepted remain in recorded status until such time the sign is completely constructed within the two (2) year time-frame. If the sign is completely constructed within the time-frame, the sign status should be changed to conforming, conforming out of standard, nonconforming or illegal pursuant to RSMo Sections 226.500 to 226.600 and 7 CSR 10-6.

236.16.7.2 Conforming

A permitted sign is classified as conforming when it meets the current statutory and administrative rule requirements for outdoor advertising pursuant to RSMo Sections 226.500 to 226.600 and 7 CSR 10-6.

236.16.7.3 Conforming Out of Standard

A permitted sign is classified as conforming out of standard when it fails to meet the current statutory and administrative rule requirements for outdoor advertising, but currently complies with the terms of the Missouri's federal-state agreement and meets the August 27, 1999, statutory and administrative rule requirements that governed outdoor advertising and the Highway Beautification Act of 1965. Requirements for conforming out of standard signs are located in RSMo Section 226.541, 7 CSR 10-6.040 and 7 CSR 10-6.070.

When a permit status is changed to conforming out of standard, the Sign Status Conforming Out of Standard should be generated and sent to the sign owner.

236.16.7.4 Nonconforming

A permitted sign is classified as nonconforming when it fails to comply with current outdoor advertising rules and regulations. Requirements for nonconforming signs are located in RSMo Section 226.540 and 7 CSR 10-6.060.

When a permit status is changed to nonconforming, the Sign Status Nonconforming should be generated and sent to the sign owner.

236.16.7.5 Illegal

A permitted sign is classified as illegal when it has violated one or more current statutory and administrative rule requirements for outdoor advertising pursuant to RSMo Sections 226.500 to 226.600 and 7 CSR 10-6.  

236.16.8 Inspection Process

This procedure provides guidance for the various inspection processes for outdoor advertising. The Field Inspection Report, Location Diagrams and Freeway/Primary Diagram may be referenced when performing inspections.

236.16.8.1 Site Inspection

A site inspection must be completed for each proposed location. The following information should be reviewed during the site inspection:

Spacing:

The distance to the nearest off premise sign(s) including unbuilt permitted signs shall be measured. To qualify for a new permit, this measurement must be a minimum of one thousand four hundred (1,400) feet as measured along the nearest edge of the pavement of the controlled travelway(s) pursuant to RSMo Section 226.540 (3).

Location:

The proposed sign location must be located within six hundred sixty (660) feet of the right of way, as measured perpendicular to the controlled travelway. The proposed location must also be within seven hundred fifty (750) feet of a qualifying business' regularly used business activity area as measured along the main traveled way of the controlled travelway.

Qualifying business:

The qualifying business must be visible and recognizable as a commercial or industrial activity. Further business requirements are located in RSMo Section 226.540 (6) and 7 CSR 10-6.040. For convenience, use the Qualifying Business Checklist when completing the site inspection.

Zoning:

Zoning for zoned commercial or industrial areas shall be verified. The area may not be spot or strip zoned for the sole purpose of outdoor advertising. Further zoning requirements are located in RSMo Section 226.540 (6) and 7 CSR 10-6.040).

Spacing from ramps:

Outside of incorporated municipalities, no sign shall be located within five hundred (500) feet of an interchange or rest area pursuant to RSMo Section 226.540 (3).

Log mile:

The log mile may be determined and recorded using the distance measuring device installed in the state vehicle and the appropriate county log book available on TMS.

The area specialist should take a photo(s) of the proposed sign location, qualifying business and upload in TMS and verify the following information:

  • Location: sign location requirements were met
  • Spacing: sign spacing requirements were met
  • Zoning: sign zoning requirements were met
  • Business: enabling business requirements were met
  • Scenic Byway: scenic byway requirements were met
  • Moratorium: moratorium requirements were met

236.16.8.2 Complete Inspection

When a permit is issued, the permit holder has two (2) years to construct the sign and affix a message. If the sign is not completed in that period, the permit shall be voided (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

After the sign construction is complete, a complete inspection should be conducted and entered in TMS.

The area specialist should take a photo of both the front and back of the sign and upload in TMS and verify the following information:

  • Location: sign location requirements were met
  • Spacing: sign spacing requirements were met
  • Size: sign sizing requirements were met
  • Illuminate: sign illumination requirements were met
  • Message: sign message was present
  • Condition: sign condition was recorded
  • GPS: sign GPS location has been recorded
  • Right of way damage: Right of way damage has occurred
  • Image: sign image has been recorded
  • Tag Number: Sign owner’s tag number recorded

236.16.8.3 Biennial Inspection

All new permits have a biennial inspection two (2) years from the acceptance date and will then be prorated and placed in their respective county following their two (2) year anniversary date. After the initial two (2) year anniversary date, all permits in a particular county are renewed in the same month (see County Billing Cycle Chart).

During the inspection, any changes to the sign should be noted. The sign status and all billboard traits, including the message and cutouts/extensions, should be verified.

The area specialist should take a photo of both the front and back of the sign and upload in TMS and verify the following information:

  • Size: sign sizing requirements were met
  • Message: sign message was present
  • Condition: sign condition has been recorded
  • GPS: sign GPS location has been recorded
  • Image: sign image has been recorded
  • Owner’s Tag No: sign owner’s tag number recorded
  • Changes: sign’s physical changes recorded
  • Right of Way Damage: Right of way damage occurred

236.16.8.4 Surprise Inspection

A surprise inspection may be conducted and entered in TMS when changes have been noted. Any changes to the sign may be noted in the comments section and shall include compliance information.

The area specialist should take a photo(s) of the changes and upload in TMS and verify the following information:

  • Size: sign size requirements were met
  • Message: sign message was present
  • Condition: sign condition has been recorded
  • GPS: sign GPS Location has been recorded
  • Image: sign image has been recorded
  • Changes: sign physical changes have been recorded
  • Right of Way Damage: right of way damage occurred

236.16.8.5 Vegetation Site Inspection

The area specialist should verify that the cutting will be within the four hundred fifty (450) feet cutting zone which runs parallel to the roadway each direction.

The area specialist should document the cut zone with photos and upload in TMS under the original permit number and verify the following information:

  • Location: sign vegetation cutting location confirmed
  • Cut Plan: sign vegetation cutting plan confirmed
  • Cutting ID: IDs placed on vegetation to be cut
  • Right of Way Damage: right of way damage occurred
  • Image: sign vegetation image has been recorded

236.16.8.6 Vegetation Follow-up Inspection

The area specialist should inspect the site upon notification the vegetation cut is complete or within thirty (30) days of the permit expiration and ensure the work was done to the specifications as outlined in the permit and that there was no damage to right of way.

The area specialist may document the area where the cutting/trimming was performed with photos and upload in TMS and verify the following information:

  • Location: sign vegetation cutting location confirmed
  • Excess Cut: excess cutting has occurred
  • Right of Way: right of way damage occurred
  • Image: sign vegetation image has been recorded

236.16.8.7 Removal Follow-up Inspection

Upon removal of a permitted sign, the area specialist should inspect the site prior to sending the Signature to Void Permit and voiding the permit.

The area specialist should document the removal of the sign with photos and upload in TMS as “Removed” and verify the following information:

  • Removed: sign removal is complete
  • Image: image has been recorded
  • Right of Way: right of way damage occurred

236.16.8.8 Digital Site Inspection

Upon receipt of a digital upgrade request, the area specialist should inspect the sign prior to sending the Digital Upgrade Approval or Digital Upgrade Denial Letter.

The area specialist may take a photo of both the front and back of the sign and upload in TMS and verify the following information:

  • Location: location requirements were met
  • Spacing: spacing requirements were met
  • Zoning: zoning requirements were met
  • Business: enabling business requirements were met

236.16.8.9 Digital Complete Inspection

When a digital upgrade is approved, the permit owner has twelve (12) months to complete the upgrade. If the upgrade is not completed within that time period, the request expires.

The area specialist should perform a digital complete inspection on or before the upgrade request expiration date. The area specialist may take a photo of both the front and back of the sign and upload in TMS and verify the following information:

  • Illuminate: sign illumination requirements were met
  • Condition: sign condition has been recorded
  • Image: sign image has been recorded
  • Right of Way Damage: right of way damage occurred

236.16.8.10 Digital Biennial Inspection

Digital brightness should be measured with the MoDOT-provided luminance meter and the digital rotation rate timed to ensure compliance and instantaneous rotation.

The area specialist should document the brightness measurements, including the advertiser, and verify the following information:

  • Illuminate: sign illumination requirements were met
  • Condition: sign condition has been recorded
  • Image: sign image has been recorded
  • Right of Way Damage: right of way damage occurred

236.16.8.11 Digital Surprise Inspection

Digital brightness should be measured with the MoDOT-provided luminance meter and the digital rotation rate timed to ensure compliance and instantaneous rotation.

The area specialist should document the brightness measurements, including the advertiser, and verify the following information:

  • Illuminate: sign illumination requirements were met
  • Condition: sign condition has been recorded
  • Image: sign image has been recorded
  • Right of Way Damage: right of way damage occurred

236.16.9 Maintenance and Repair of Outdoor Advertising

This procedure provides guidance for the maintenance and repair of permitted outdoor advertising in accordance with RSMo Sections 226.500 to 226.600 and 7 CSR 10-6.

Upon identification of a permitted sign in violation of the rules and regulations, the area specialist may generate a courtesy letter explaining the violation(s) and remedial action, if any, with an appropriate deadline of not more than thirty (30) days to complete the remedial action. The letter should be sent to the permit owner and attached in TMS and maintained in file storage. Upon expiration of the remedial action, if the sign remains in violation, a Notice to Remove Outdoor Advertising or Notice to Terminate Nonconforming Outdoor Advertising may be requested. The Billboard Diagram may be referenced when determining whether the sign is damaged beyond the legal limits.

Permitted signs should not contain obsolete advertising or be maintained without an advertising message. Upon identification of a sign with obsolete advertising or without an advertising message, the Courtesy Obsolete Ad or No Ad should be generated and sent to the permit owner. A Notice to Remove Outdoor Advertising or Notice to Terminate Nonconforming Outdoor Advertising may be requested for signs that have been maintained without an advertising message or contain obsolete advertising for a continuous period of twelve (12) months or more.

In accordance with RSMo Section 226.580, permitted signs that are not in good repair should be deemed unlawful and subject to removal. Upon identification of a sign not in good repair, the Repair Letter Conforming, Repair Letter Conforming Out of Standard, or Repair Letter Nonconforming should be generated and sent to the permit owner. A Notice to Remove Outdoor Advertising or Notice to Terminate Nonconforming Outdoor Advertising may be requested for signs that have not been repaired within the thirty (30) day time-frame.

236.16.9.1 Substantially Rebuilt Conforming Out of Standard Outdoor Advertising

Upon identification of a conforming out of standard sign damaged more than fifty (50) percent, the Request to Issue Notice may be generated from SharePoint for Courtesy Damaged 50%- Conforming Out of Standard and sent to the outdoor advertising manager for review. The request and approval or denial may be attached in TMS. Upon approval, the Courtesy Conforming Out of Standard Damaged should be generated and sent to the sign owner. Once the sign has been removed in its entirety, the permit shall be voided (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

If the sign structure is substantially rebuilt pursuant to RSMo Sections 226.541 and 7 CSR 10-6.040, a Notice to Remove Outdoor Advertising may be issued.

236.16.9.2 Deteriorated or Damaged Nonconforming Outdoor Advertising

Upon identification of a nonconforming sign deteriorated or damaged more than fifty (50) percent, the Request to Issue Notice may be generated from SharePoint for Courtesy Damaged 50% or More- Nonconforming and sent to the outdoor advertising manager for review. The request and approval or denial may be attached in TMS. Upon approval, the Courtesy Nonconforming Damaged should be generated and sent to the sign owner. Once the sign has been removed in its entirety, the permit shall be voided (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

If the sign structure is not removed in its entirety within thirty (30) days or is repaired, a Notice to Terminate Nonconforming Outdoor Advertising may be issued.

236.16.10 Adding or Removing Controlled Routes

Based on changes made to functional classifications, routes classified as the National Highway System (NHS) that are not classified as Federal Aid Primary as of June 1, 1991, may be added and removed for the control of outdoor advertising.

236.16.10.1 Adding Controlled Routes

Routes reclassified and designated as NHS shall be regulated for the control of outdoor advertising. Existing off-premises advertising located along the route prior to NHS designation shall be grandfathered and required to either obtain a permit or remove the sign in its entirety. The route should be inventoried within thirty (30) days of notification to document off-premises advertising with a site inspection to determine sign status.

Prior to sending any correspondence to sign owners, the area specialist should contact the respective city/county to explain the process; and check if they maintain an existing inventory of off-premises signs, pending permits for new off-premises signs, or pending permits for sign changes.

Off-premises advertising that has not been approved as grandfathered should be considered illegal (see EPG 236.16.16 Unauthorized Illegal Outdoor Advertising).

Off-premises advertising that has been approved as grandfathered should be assigned a transaction number with the appropriate status of outdoor advertising and reason. The permit type should remain as “PSEUDO” with status of “TEMPORARY” reason “AUTO SETUP” and either the MAP 21 Notification or MAP 21 Notification Exempt generated and sent to the sign owner, advertiser or landowner.

Upon receipt of a completed Application for Permit to Erect or Maintain Outdoor Advertising and a complete inspection, a permit shall be issued (see EPG 236.16.5 Permitting Outdoor Advertising).

If a response is not received after thirty (30) days, a field inspection should be completed to confirm the sign status. Further research may be necessary to confirm ownership. If the sign has not been removed in its entirety, a second courtesy letter should be generated and sent to the sign owner, advertiser, or landowner.

If a response is not received and the sign has not been removed in its entirety after sixty (60) days of the original courtesy letter, a Notice to Remove Outdoor Advertising may be issued. Landowner information shall be obtained prior to issuing the notice and may be determined by researching county records in the assessor’s office.

236.16.10.2 Removing Controlled Routes

Routes that are not part of FAP-1991 and are reclassified and removed from the NHS shall no longer be regulated for the control of outdoor advertising. Upon approval by the Federal Highway Administration and the outdoor advertising manager, permitted signs along these routes shall be voided (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

236.16.11 Cutout and Extension Process

This procedure provides guidance for the tracking and documentation of cutouts and extensions to billboards pursuant to RSMo Section 226.540 (2) (a) and 7 CSR 10-6.060 (3) (C). If a cutout/extension was in place on conforming outdoor advertising prior to becoming nonconforming, the extension may remain in place; however, if the display changes after it becomes nonconforming, it may then be subject to the requirements of 7 CSR 10-6.060 (3) (C).

To determine the percentage of a cutout/extension, the area of the smallest square, rectangle, triangle, circle, or contiguous combination of shapes that will encompass the cutout/extension will be calculated and divided by the permanent display area of the sign.

Cutouts and extensions are allowed on conforming and conforming out of standard outdoor advertising provided:

  • The total display area, including the cutout/extension, for each side of the sign is less than or equal to eight hundred (800) square feet, the cutout/extension should not be considered temporary and should be allowed indefinitely.
  • The total display area, including the cutout/extension, for each side of the sign is greater than eight hundred (800) square feet, the cutout/extension should be considered temporary with a time period of no more than three (3) years or the term of the display contract whichever is shortest and limited to thirty-three (33) percent. After a side has had a cutout/extension for that time period, a cutout/extension cannot be placed on the side for a period of six (6) months.

Temporary cutouts and extensions are allowed on nonconforming outdoor advertising provided:

  • The cutout/extension area is thirty-three (33) percent or less of the total display area for each side of the sign prior to the cutout/extension addition.
  • The period of time a cutout/extension is added to either side of a structure is for no more than three (3) years or the term of the display contract whichever is shortest. After a side has had a cutout/extension for that time period, a cutout/extension cannot be placed on that side for a period of six (6) months.

Temporary cutout/extensions should be identified during a biennial inspection or surprise inspection.

Upon identification of a cutout/extension that is not considered temporary, the “EXTENSION” trait should be updated to “YES”. These types of cutout/extensions do not have to be tracked and may be allowed indefinitely.

Upon identification of a temporary cutout/extension, the “EXTENSION” trait should be updated to “YES” and the Cutout Extension Request generated in TMS and mailed to the permit owner. Permit owners have fifteen (15) days to provide the requested information. The area specialist should follow-up to ensure the information is received within the prescribed time-frame. Failure to provide this information may cause a Notice to Terminate Nonconforming Outdoor Advertising or Notice to Remove Outdoor Advertising to be issued.

Upon receiving the requested information, the display contract date information should be reviewed. If the display contact date information is longer than three (3) years, the permit owner should be informed that the cutout/extension is only allowed for three (3) years. The appropriate “AD BEGIN”, “AD END” and “AD<=33%” traits for the front and/or back of the sign should be updated and the documentation maintained in the original permit file.

Between the 1st and 6th each month, area specialists run the TMS report “Extension Report by Copy Date” to determine temporary cutout/extension dates that have expired. Within thirty (30) days of the expiration, a surprise inspection should be performed to verify the temporary cutout/extension has been removed.

If the temporary cutout/extension has been removed, the date information for the appropriate “AD BEGIN” and “AD END” traits should be cleared out and the appropriate “AD<=33%” trait updated to “<NONE>”.

If the temporary cutout/extension has not been removed, the Cutout Extension Expire should be generated in TMS and sent to the permit owner. The area specialist should follow-up to ensure the cutout/extension is removed within the prescribed time-frame. Failure to remove the cutout/extension may cause a Notice to Terminate Nonconforming Outdoor Advertising or Notice to Remove Outdoor Advertising to be issued.

236.16.12 Digital Sign Upgrade Process

Pursuant to RSMo Section 226.541and 7 CSR 10-6.040 (4) (I), a conforming out of standard sign may be upgraded with digital technology.

RSMo Section 226.541 establishes criteria for upgrading conforming out of standard signs with digital technology, which requires the digital technology display size to be tracked. Upon identification by the area specialist, the Digital Box Request should be generated and sent to the permit owner. The permit owner has fifteen (15) days to submit this information. The area specialist should follow-up to ensure the information is received within the prescribed time-frame. The documentation should be attached in TMS and maintained in file storage.

If the digital technology display size is up to twenty (20) percent of the sign face, the technology trait should be updated to “DIGITAL BOX”. If the digital technology display is more than twenty (20) percent of the sign face, the sign should be considered digital and the technology trait updated to “DIGITAL”.

236.16.12.1 Digital Upgrade Request

Upon receiving a written upgrade request from the permit owner, the trait “COS DIGITAL REQUEST” updated to “YES”. The area specialist should perform a digital site inspection and enter this information into TMS.

The request will be time and date stamped. If two or more requests are received at the same time or the time/date cannot be distinguished, the area specialist should contact the outdoor advertising manager for direction. In general, the time/date stamp or postmark dictates the order the requests are accepted for review.

236.16.12.2 Digital Upgrade Approval

If the upgrade request is approved, the “TECHNOLOGY” trait should be updated to “DIGITAL” and “COS DIGITAL END DATE” trait updated to reflect 12 (twelve) months from the approval date with the Digital Upgrade Approval generated. The approval letter should be sent to the permit owner. The request and approval letter shall be attached in TMS and maintained in file storage.

Between the 1st and 6th of each month, area specialists run the report “Digital Upgrade Report” to ensure digital upgrades are completed within the twelve (12) month time-frame. The area specialist should perform a digital complete inspection on or before the COS digital end date and enter this information in TMS.

If the upgrade has not been completed within the twelve (12) month time-frame, the “TECHNOLOGY” trait should be updated accordingly, “COS DIGITAL REQEUST” trait updated to “NO” and the “COS DIGITAL END DATE” should be cleared out. The Digital Upgrade Expire should be generated in TMS. The expiration letter sent to the permit owner, attached in TMS and maintained in file storage.

236.16.12.3 Digital Upgrade Denial

If the upgrade request is denied, the trait “COS DIGITAL REQUEST” should be updated to “NO” and the Digital Upgrade Denial generated. The denial letter should be sent to the permit owner. The request and denial letter should be attached in TMS and maintained in file storage.

236.16.13 Digital Brightness Inspection Procedures

Area specialists should perform a digital biennial inspection on all permits with digital technology and a digital surprise inspection as requested to ensure digital regulations are in compliance pursuant to 7 CSR 10-6.040 (4).

236.16.14 Transfer of Outdoor Advertising Permit

This procedure provides guidance for the transfer of outdoor advertising permits in accordance with 7 CSR 10-6.070 (6) (B).

A permit owner may transfer ownership of a sign(s) for which a permit is required. A $10 transfer fee is required for each permit (see EPG 236.16.24 Financial Transactions). The Application for Transfer of Outdoor Advertising Permit should be completed by the new permit owner and sent to the area office along with the transfer fee and bill of sale or proof of ownership, which must indicate the permit number. Permits will not be transferred if there are outstanding fees, which include sign removal costs, vegetation removal costs, or biennial permit fees.

Upon receipt of the transfer application, the document should be time and date stamped. The application and supporting documentation reviewed for accuracy. TMS should be checked to determine whether the new owner is listed as an involved party. If not, the owner information should be entered as a new involved party and forwarded to the outdoor advertising technician to create an account number.

236.16.14.1 Issuing a Transfer of Outdoor Advertising Permit

If the application meets all of the requirements, a transfer permit shall be issued. The transfer should be completed under “Permit Transfer” with the Transfer Permit Cover and Transfer Permit generated. The cover letter and permit should be sent to the new permit owner. The permit, along with the application and supporting documentation, should be attached in TMS and maintained in file storage.

236.16.14.2 Denying a Transfer of Outdoor Advertising Permit

If the application does not meet the requirements, it should be rejected. The Reject Transfer Cover generated explaining the reason(s) for the rejection. Additional information regarding the rejection should be documented in the comments section. The application, rejection letter and supporting documentation attached in TMS and maintained in file storage. The original application and supporting documentation should be returned to the applicant with the rejection letter. A refund of the application fee should be requested through the Financial Services Office (see EPG 236.16.24.1 Request for Refund).

236.16.15 Vegetation Removal

This procedure provides guidance for the cutting and trimming of vegetation under controlled conditions on highway right of way pursuant to RSMo Sections 226.130 and 226.585, and 7 CSR 10-6.085.

A vegetation permit should not be issued for sections of highway involved in active construction or reconstruction under the Statewide Transportation Improvement Program.

236.16.15.1 Vegetation Application Process

Upon receipt of an Application for Outdoor Advertising Vegetation Permit, the document should be time and date stamped and entered under “Permit / Agreement List” with status “RECORDED” and reason “RESEARCH”.

The application and following supporting documents reviewed for accuracy:

  • Minimum $1,000 performance bond on file with MoDOT Traffic & Highway Safety Central Office. If the applicant does not have a performance bond on file, they may submit a check in the amount of $1,000 per application as the performance bond (see EPG 236.16.24 Financial Transactions).
  • Site drawing of the location of the proposed cutting or trimming.

236.16.15.2 Indemnification

Applicant agrees to hold harmless the commission, its officers and employees from all liability, judgments, costs, expenses and claims growing out of damages of any nature whatsoever, to any person or property arising out of performance or non-performance of said work, or existence of said improvements. The applicant should carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri and to name the Commission and MoDOT and its employees, as additional named insured in amount sufficient to cover the sovereign immunity limits for Missouri public entities as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration and published annually in the Missouri Register pursuant to RSMo Section 537.610.

236.16.15.3 Vegetation Site Review

If necessary, the district roadside manager and the applicant’s vegetation contractor should be contacted to review the location and determine if some or all vegetation should remain for slope stability or safety concerns. The area specialist should perform a vegetation site inspection and enter this information into TMS.

236.16.15.4 Cutting of Vegetation

The vegetation should be measured by the area specialist or roadside manager to verify the applicant’s measurements.

The cost of a permit to cut vegetation is determined on the vegetation to be removed (see Vegetation Fee Schedule Chart). The fee to remove each tree with a diameter equal to or greater than six (6) inches is $100 plus an additional $100 for every inch of diameter greater than six (6) inches. Measurements for diameter will be rounded down to the nearest inch. For example, the fee for removing a tree six and three-fourths (6 ¾) inches in diameter would be $100; the fee for a tree ten and one-half (10 ½) inches in diameter would be $500.

Vegetation Fee Schedule Chart
Circumference Diameter Fee
19" 6" $100
22" 7" $200
25" 8" $300
28" 9" $400
31" 10" $500
34 1/2" 11" $600
37 1/2 12" $700
41" 13" $800
44" 14" $900
47" 15" $1,000
50" 16" $1,100
53 1/2" 17" $1,200
56 1/2" 18" $1,300
59 1/2" 19" $1,400
63" 20" $1,500
66" 21" $1,600
69" 22" $1,700
72" 23" $1,800
75 1/2" 24" $1,900
78 1/2" 25" $2,000

If vegetation will be cut in diameter of six inches or greater, the Vegetation Fee generated with the measurements and amount calculated for cutting the vegetation. Once the check is received for the measurable vegetation, the monies shall be deposited (see EPG 236.16.24 Financial Transactions). The amount should be recorded in TMS for the vegetation permit under “Fee”. All fees, if any, must be paid prior to the commencement of any tree cutting.

236.16.15.5 Herbicides

Only herbicides approved by MoDOT’s authorized representative may be used to trim or remove vegetation. Only general use non-restricted herbicides may be used. All herbicides must be used in strict accord with the manufacturer’s instructions on the label. Restricted use herbicides may not be used on the right of way. The applicator must be a certified commercial applicator or under the supervision of a certified commercial applicator and all desirable vegetation must be avoided. The district roadside manager should approve the area to be sprayed before a permit is issued. The fee for controlling the growth of a tree with herbicides is determined in the same manner as tree removal (see EPG 236.16.15.4 Cutting of Vegetation). All trees controlled with herbicides should be cut down and removed within sixty (60) days of treatment.

236.16.15.6 Trimming of Trees

Trees of any size may be trimmed in accordance with the following guidelines. There is no fee to trim trees, but a permit is still required.

  • A tree may not have more than one third of its canopy removed in a single pruning operation. Refer to the Tree Pruning Chart.
  • The National Arborist Association Standards should be used as a guideline to insure trees are being pruned properly and all pruning must be done in accordance with these standards.
  • Pruning cuts should be made so that the tree may close the resulting wound as easily as possible.
  • Remove parts of a twig or branch at their origin.
  • Remove tips of branches back to a good bud or to the next larger branch.
  • The final pruning cut should be made along the natural branch collar and not flush with the trunk.
  • Any additional pruning of this magnitude cannot be repeated for three (3) full years on hardwood species.
  • In situations where pruning is to be done on a stand of trees and it is not practical to distinguish individual trees, the stand should be judged by the canopy height of the stand. The amount of tree height to be removed should be determined from the Tree Pruning Chart according to the canopy height of the stand of trees.
  • Brush over six (6) feet that is approved for removal should be cut first and the stump(s) treated with herbicides.

236.16.15.7 Issuing a Vegetation Permit

If the vegetation application and inspection meet all the requirements a vegetation permit should be issued. A vegetation site inspection should be entered and the vegetation permit status shall be changed to “ACCEPTED” with reason “COMPLIANT” with the Vegetation Permit and Vegetation Permit Cover generated. The cover letter and permit should be sent to the permit owner. Additionally, the permit should be sent to the appropriate roadside manager and maintenance supervisor. The application and supporting documentation should be maintained in the original permit file.

236.16.15.8 Denying a Vegetation Permit

If the vegetation application or inspection does not meet the requirements, the application should be rejected. A vegetation site inspection should be entered and the vegetation permit status changed to “REJECTED” and the reason changed accordingly with the Reject Vegetation Cover generated explaining the reason(s) for the rejection. Additional information regarding the rejection should be documented in the comments section. The application, rejection letter and supporting documentation should be attached in TMS and maintained in file storage. The original application and supporting documentation should be returned to the applicant with the rejection letter. A refund of the cash performance bond (if applicable) shall be requested (see EPG 236.16.24.1 Request for Refund).

In accordance with 7 CSR 10-6.085 (4), if an application is rejected, the applicant has twenty (20) working days to request in writing an informal hearing for the purpose of appealing the rejection (see EPG 236.16.18.1 Informal Hearing).

236.16.15.9 Releasing a Vegetation Permit

The applicant has one hundred twenty (120) days to perform the vegetation removal. Between the 1st and 6th of each month, area specialists run the report “Active Vegetation Permits by Area” or “Active Vegetation Permits by Area by Route” to determine which permits are due for inspection. The area specialist should perform a vegetation follow-up inspection when they have been notified the vegetation cut is complete or within thirty (30) days of the permit expiration, whichever comes first.

If the follow-up inspection passed and entered within the thirty (30) day time-frame, the vegetation permit status should be changed to “RELEASED” and reason “COMPLETE”, and a refund of the cash performance bond (if applicable) shall be requested (see EPG 236.16.24.1 Request for Refund).

If the follow-up inspection passed and is not entered within the thirty (30) day time-frame, the vegetation permit status should be changed to “VOID” with the appropriate reason and a refund of the cash performance bond (if applicable) shall be requested (see EPG 236.16.24.1 Request for Refund).

236.16.15.10 Illegal Vegetation Removal and Damage to Right of Way

The applicant will be held responsible for any damage to the right of way. If illegal cutting and/or damage to right of way occurs, the area specialist should immediately assess the damages with the district roadside manager, photograph the location and document the damages in TMS. The area specialist should work with the outdoor advertising manager to prepare a letter to the permit owner advising them of the damage and any remedial action or penalties. The applicant’s performance bond may be applied towards the damage.

For remedial action, if the permit has expired or a permit was not issued, the applicant should submit an application to perform the clean-up work (see EPG 236.16.15.7 Issuing a Vegetation Permit). The area specialist should perform a vegetation follow-up inspection to ensure any remedial action is completed. Photos should be taken and attached in TMS. If the remedial action is satisfactory, the vegetation permit shall be released (see EPG 236.16.15.9 Releasing a Vegetation Permit).

For monetary penalties, the information should be forwarded to the outdoor advertising technician to create an invoice. This amount shoud also be recorded in TMS for the vegetation permit under “Fee”. Upon payment, the invoice number should be referenced on the transmittal (see EPG 236.16.24 Financial Transactions) and the vegetation permit shall be released (see EPG 236.16.15.9 Releasing a Vegetation Permit).

236.16.16 Unauthorized Illegal Outdoor Advertising

This procedure provides guidance for the expeditious removal of unauthorized illegal signs in accordance with RSMo Section 226.580 and 7 CSR 10-6.080. All controlled routes should be traveled for unauthorized sign activity during the biennial inspection and on a regular basis.

Unauthorized illegal sign activity should be documented with photos and assigned a transaction number with a status of “ILLEGAL” and the appropriate reason. The permit type should remain as “PSEUDO” with status “TEMPORARY” and reason “AUTO SETUP”. The reason for the illegality should be noted in the comments section. The area specialist may generate the Illegal Profile Sheet for their records.

Depending on the type of outdoor advertising and if the sign could meet the permit requirements, the appropriate courtesy letter generated and sent to the sign owner, advertiser or landowner.

  • Illegal Can’t be Permitted 1st Notice

If a response is not received after thirty (30) days, a field inspection should be completed to confirm sign status. Further research may be necessary to confirm ownership. If the sign is has not been removed in its entirety, a second courtesy letter should be generated and sent to the sign owner, advertiser, or landowner.

  • Illegal Can’t be Permitted 2nd Notice
  • Illegal Exempt
  • Illegal Exempt Unknown
  • Illegal On Premise Removal

If a response is not received and the sign has not been removed in its entirety after sixty (60) days of the original courtesy letter, a Notice to Remove Outdoor Advertising may be issued. Landowner information should be obtained prior to issuing the notice and may be determined by researching county records in the assessor’s office.

236.16.17 Issuing Notice to Remove or Notice to Terminate Outdoor Advertising

This procedure provides guidance for the expeditious removal of illegal outdoor advertising. Illegal conforming and conforming out of standard outdoor advertising should be issued a Notice to Remove Outdoor Advertising in violation of RSMo Section 226.580 and 226.541. Illegal nonconforming outdoor advertising should be issued a Notice to Terminate Nonconforming Outdoor Advertising in violation of RSMo Section 226.580 and 7 CSR 10-6.060.

A Request to Issue Notice should be generated and sent to the outdoor advertising manager for review. Upon approval, the status should be changed to “ILLEGAL” with the appropriate reason and the Notice to Remove Outdoor Advertising, Notice to Remove Cover-Owner, and Notice to Remove Cover - Land Owner generated for conforming and conforming out of standard outdoor advertising. The Notice to Terminate Nonconforming Outdoor Advertising, Notice to Terminate Cover-Owner, and Notice to Terminate Cover - Landowner should be generated for nonconforming outdoor advertising. The notice shouold include the reason(s) for the illegality and remedial action(s), if any, and sent certified mail to the sign owner and landowner. If delivery of the certified mail to the sign owner or landowner is unsuccessful, the notice should be delivered by hand or personal service. The date the certified mail was received, along with the certified mail number, or the date of delivery by hand or personal service should be entered under correspondence history. Certified mail receipts and green cards should be placed in the file.

Upon receipt of a notice, the sign owner or landowner has sixty (60) days to perform the remedial action(s), if any, indicated in the notice, or request an Administrative Review Hearing.

If the sign owner or landowner has complied with the remedial action(s), if any, offered in the notice, the notice should be rescinded. Information regarding the reason the remedial action was required and the date it was completed should be documented in the comments section. The sign status should be changed from “ILLEGAL” back to the previous status with the appropriate reason.

If the sign owner or landowner has not complied with the remedial action(s), if any, MoDOT may proceed with the removal process. The Notice to Sign Owner and Notice to Landowner generated and sent to both the permit owner and landowner informs them that MoDOT will be contracting the removal of the sign. All costs associated with the sign removal should be billed to the permit owner.

Upon removal of the sign, the permit status shall be changed to “VOID” with reason “REMOVAL” (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

236.16.18 Outdoor Advertising Hearings

This procedure provides guidance for the various inspection processes for outdoor advertising.

236.16.18.1 Informal Hearing

If the applicant requests an informal hearing within the required time-frame, a hearing should be scheduled. The permit status should be updated to “ADMIN REV” and reason “INFORMAL”.

The Outdoor Advertising Central Office will schedule all informal hearings and should notify the applicant, Outdoor Advertising Review Committee, Chief Counsel’s Office, outdoor advertising manager, and area specialist of the time and date of the hearing. A letter containing this information should be sent to the applicant. The letter should be attached in TMS and maintained in file storage. The area specialist should inform the appropriate district engineer and area engineer of the hearing request.

The review committee consists of the following MoDOT staff, as available on the date of the scheduled hearing: Assistant Chief Engineer, Assistant Design Engineer and Right of Way Director. An attorney from the Chief Counsel’s Office also attends the hearing to advise the committee on legal issues. The outdoor advertising manager or area specialist may also attend the hearing.

A file including the application and rejection letter, along with other supporting data such as videos, photographs, drawings and maps should be provided to the committee members.

The Assistant Chief Engineer should chair the meeting. The applicant is allowed the opportunity to present his / her case. The area specialist answers questions as directed by the chair. The committee reviews the information presented at the hearing and render a decision within five (5) business days.

The outdoor advertising manager, with assistance from the Chief Counsel’s Office, prepares a letter of decision for the committee chair’s signature, which is sent to the applicant. If the review committee upholds the denial, all reasons for denial must be listed in the letter and the permit status updated to “REJECTED” with the appropriate reason. If the review committee overturns the permit application denial, the applicant should resubmit the original application (see EPG 236.16.5 Permitting Outdoor Advertising).

The letter of decision should be attached in TMS and maintained in file storage.

236.16.18.2 Administrative Review Hearing

When a request for administrative review hearing is received, Outdoor Advertising Central Office will obtain the date the certified mail was signed by the requestor under correspondence history to determine if the sixty (60) day time requirement was met. This information will be conveyed to the area specialist. The area specialist should update the permit status to “ADMIN REV” with reason “FORMAL” and generate the Administrative Review Request. The request, along with the following documentation, should be forwarded to the outdoor advertising manager:

  • Copy of the application for the permit and attachments
  • Photos of the sign showing the illegality
  • Summary report, which may include location, zoning, spacing and business information

The outdoor advertising manager will forward the request information to the Chief Counsel’s Office upon review.

236.16.18.2.1 Approval of Request for Administrative Review Hearing

If the request for hearing is within the sixty (60) day time-frame, the Chief Counsel’s Office should schedule the hearing and send written notification regarding the time, date and place of the hearing to the applicant, outdoor advertising manager, area engineer, district engineer and area specialist.

The outdoor advertising manager should review the information and schedule a meeting with the area specialist and Chief Counsel’s Office. A follow up inspection and new photos may be required.

At the hearing, the area specialist should be sworn in and testify to the reason(s) for issuing the notice. After the hearing, the Hearing Examiner will render a decision as to whether the notice was lawfully issued. This decision will be read before the Missouri Highways and Transportation Commission for a final decision. This decision should be submitted in writing to the outdoor advertising manager, area engineer, district engineer and area specialist.

If the decision is not in favor of the applicant, the applicant has thirty (30) days after the decision is rendered to appeal to the Circuit Court. After the thirty (30) days has passed and if the permit owner has not removed the sign or filed an appeal, a memo from the Chief Counsel’s Office is generated allowing MoDOT to proceed with the removal process. The Notice to Sign Owner and Notice to Landowner should be generated and sent to both the permit owner and landowner informing them that MoDOT will be contracting the removal of the sign. All costs associated with the sign removal should be billed to the permit owner.

Upon removal of the sign, the permit status should be changed to “VOID” with reason “REMOVAL” (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

236.16.18.2.2 Denial of Request for Administrative Review Hearing

If the request for hearing is outside the sixty (60) day time-frame, the request should be denied by the Chief Counsel’s Office. Written notification regarding the denial should be sent to the applicant, outdoor advertising manager and area specialist.

The applicant has thirty (30) days after the request was denied to remove the sign structure in its entirety. If the permit owner has not removed the sign structure within the thirty (30) day time-frame, MoDOT may proceed with the removal of the sign structure. The Notice to Sign Owner and Notice to Landowner should be generated and sent to both the permit owner and landowner informing them that MoDOT will be contracting the removal of the sign. All costs associated with the sign removal should be billed to the permit owner.

Upon removal of the sign, the permit status should be changed to “VOID” with reason “REMOVAL” (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

236.16.18.2.3 Withdrawal of Request for Administrative Review Hearing

If either party requests a withdrawal of the administrative review hearing, the area specialist should generate the Notice of Withdrawal (OAN-15) and forward the notice to the outdoor advertising manager. Upon review, the outdoor advertising manager should forward the information to the Chief Counsel’s Office.

236.16.19 Sign Structures Affected by Highway Projects

This procedure provides guidance for the control and removal of outdoor advertising signs purchased by the Missouri Highways and Transportation Commission (MHTC). The MHTC is directed to acquire by purchase, exchange, agreement, eminent domain, gift or condemnation and should pay just compensation for the removal of lawfully existing outdoor advertising signs.

District right of way should notify the area specialist of off-premises advertising located within the scope of a project and schedule a field inspection with design, right of way, construction personnel and other team members as required. District right of way should provide the area specialist with the project number, parcel number, route, county and location of affected off-premises advertising.

Upon review, the area specialist completes the ODA Profile Report for all off-premises advertising regardless of route.

236.16.19.1 Acquisition of Permitted Outdoor Advertising

For permitted signs, the ODA Profile Report is generated in TMS and forwarded to the district Right of Way Manager. The report should be attached in TMS and maintained in file storage.

When the sign is acquired, district right of way completes the report and forwards a copy to the area specialist. The completed report contains details of when the sign was purchased; extended possession agreements made between right of way and the permit owner and their terms; and removal information. The permit owner and landowner information should be updated in TMS to MoDOT, PO Box 270, Jefferson City, MO 65102. The completed profile report should be attached in TMS and maintained in file storage.

Once the sign is removed in its entirety, the area specialist should perform a removal follow-up inspection and void the permit (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

Sign Agreement Reset Program

Qualifying signs displaced pursuant to RSMo 226.541 and 7 CSR 10-6.040 (7) should be reviewed by right of way and outdoor advertising for the sign agreement reset program. If a qualifying sign meets the reset requirements as determined by the ODA Profile Report, right of way may offer the permit owner the option to reset the sign elsewhere within the same property or on property adjoining the property it is currently located within.

Right of Way completes the Partial Waiver and Reset Agreement with assistance from the area specialist. Right of Way forwards a copy of the executed agreement to the area specialist. Upon receiving the executed agreement, the area specialist updates the information in TMS and generate the Amended Permit and Amended Permit Cover. The executed agreement, permit and supporting documentation, shoudl be attached in TMS and maintained in file storage.

The area specialist should ensure the following requirements contained in the agreement are satisfied.

  • The qualifying sign is removed from the construction limits as prescribed in the agreement. Information regarding whether or not the sign has been removed within the prescribed time-frame should be documented in TMS with photos and comments; and forwarded to the district Right of Way Manager.
  • The new sign is completely erected as prescribed in the agreement within six (6) months of the final inspection of the project. If the sign is not erected as prescribed in the agreement, the permit should be voided (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

236.16.19.2 Acquisition of Non-permitted Outdoor Advertising

For signs that are not permitted, the ODA Profile Report should be generated from SharePoint and forwarded to the district Right of Way Manager. The report should be maintained in file storage at the area office under ODA Profile Reports- Non Regulated Routes.

236.16.20 Voiding of Outdoor Advertising Permits

This procedure provides guidance for voiding outdoor advertising permits in accordance with RSMo Section 226.580, 7 CSR 10-6.070 and 7 CSR 10-6.080.

236.16.20.1 Voiding Upon Removal of the Sign

When a sign (including its support structure) has been removed, the following procedures should be followed prior to voiding of the permit.

  • The removal follow-up inspection should be entered and the Signature to Void Permit should be generated containing a photo of the sign before it was removed. Two copies of the signature letter should be sent to the permit owner, along with a self-addressed stamped envelope. One copy is for their records and the other is to be signed and returned for the file.
  • After receiving the signed signature letter, the permit should be voided. The permit status should be changed to “VOID” with the appropriate reason and the Notice of Void Cover and Notice of Void Permit generated. The cover letter and notice should be sent to the permit owner. The signed signature letter and notice should be attached in TMS and maintained in file storage.
  • The area specialist should verify outstanding fees associated with the permit under “Receivables List”. If there are outstanding fees associated with the permit, the area specialist should forward a request for credit memo to the technician.

Upon removal of a permitted sign (including the support structure), a permit may be voided without a signed Signature to Void Permit under the following conditions:

  • The sign was not built within the two (2) year time-frame and the permit expired.
- Photos of the proposed location confirming the sign was not built should be taken and attached in TMS. The permit status should be changed to “VOID” with the reason “TIME LIMIT” and the Notice of Void Cover and Notice of Void Permit generated. The cover letter and notice should be sent to the permit owner. The notice should be attached in TMS and maintained in file storage.
- The permit status should be changed to “VOID” with the appropriate reason and the Notice of Void Cover and Notice of Void Permit generated. The cover letter and notice should be sent to the permit owner. The notice should be attached in TMS and maintained in file storage.
  • The sign was acquired for a project through district right of way.
- The permit status should be changed to “VOID” with the reason “ACQUISITION” and the Notice of Void Permit generated. The notice should be attached in TMS and maintained in file storage.

236.16.20.2 Voiding Without Removal of the Sign

A permit may be voided without removal of the sign structure under the following conditions:

  • The outdoor advertising is no longer adjacent to a controlled route as approved by the Federal Highway Administration (FHWA) and reviewed by the outdoor advertising manager (see EPG 236.16.10.2 Removing Controlled Routes).
  • The permit status should be changed to “VOID” with the reason “RT NO LONGER CONTROLLED” and the Route No Longer Controlled and [[media:236.16 Notice of Void Permit 2014.jpg|Notice of Void Permit generated. The letter and notice should be sent to the permit owner.
  • The FHWA documentation and notice should be attached in TMS and maintained in file storage. Information regarding the route designation should also be documented in the comments section.
  • The sign has been changed to an on-premises sign and will no longer contain off-premises advertising.
  • Upon receiving a signed statement from both the permit owner and landowner indicating the sign will no longer contain off-premises advertising, the permit status should be changed to “VOID” with the reason “VOID-BB TO ON PREMISE” and the Notice of Void Cover and Notice of Void Permit generated. The cover letter and notice should be sent to the permit owner. The signed statement and notice should be attached in TMS and maintained in file storage.

236.16.21 Removal Process

This procedure provides guidance for the removal process in accordance with 7 CSR 10-6.080 upon issuance of notice (see EPG 236.16.17 Issuing Notice to Remove or Notice to Terminate Outdoor Advertising). The sign removal should be accomplished through contract. The area specialist should contact General Services Procurement Central Office for further instructions.

The district engineer, area engineer, maintenance superintendent and maintenance supervisor should be notified of the scheduled removal. The area specialist should be present at the time of the removal. Photos should be taken to adequately document each stage of the removal. Upon removal, the permit should be voided (see EPG 236.16.20 Voiding of Outdoor Advertising Permits).

The technician should manually generate an invoice issued to the permit owner for all charges incurred for the sign removal. The invoice should be created in the financial transaction list in TMS with transaction type as “REMOVAL”.

236.16.22 Monthly Reports

Monthly reports should be run to ensure outdoor advertising policies are completed as prescribed.

The following reports should be run by the area specialist between the 1st and 6th each month unless otherwise noted:

  • Active Vegetation Permits by Area or Active Vegetation Permits by Area by Route
  • Biennial Permits Due by Area by County or Biennial Permits Due by Area and Name
  • Delinquent Receivables or Receivables Past Due
  • Digital Upgrade Report
  • Extension Report by Copy Date
  • Sign Inventory Details by Area by Travelway or Sign Inventory Details by County by Travelway (as necessary)
  • Sign Inventory for Signs without GPS or Sign Inventory for Signs without GPS by County (as necessary)
  • Transactions without Inspections (end of month)

The following reports should be run by the technician monthly unless otherwise noted:

  • Active Vegetation Permits by Area
  • Billboard Inventory Status Report (by area- 1st)
  • Billboard Inventory Status with GPS by Area (1st)
  • Cash Receipts
  • Customers without FMS Numbers
  • Delinquent Receivables or Receivables Past Due
  • Exempt Permits Due by Area by County (for current month)
  • Financial Transactions Logged Not Sent to FMS (between 1st and 7th)
  • Monthly Financial Activity Report (1st)
  • Paid Renewals with No Permits Issued (for previous month)
  • Sign Inventory Details for Permits Due by Area by County (1st)
  • Transactions without Inspections (25th)
  • Permit Activity Report

236.16.23 Measuring and Locating Outdoor Advertising by GPS

All permitted outdoor advertising should be measured and located by Global Positioning System (GPS) coordinates by March 31, 2015. Keeping safety as a priority, area specialists should work in teams to collect this data. Each team is assigned a set of equipment which includes a Trimble, camera and laser. After the initial collection, area specialists should measure and locate newly erected signs during the biennial inspection.

The area specialist should run the report “Sign Inventory for Signs without GPS” or “Sign Inventory for Signs without GPS by County” to determine permits that have not been measured and located by GPS.

236.16.24 Financial Transactions

Fees may be received within each area office or in the Central Office; or by calling 573-526-4280 between 7:30 a.m. and 5:00 p.m. Monday thru Friday (see Payment Options). A Transmittal of Money shall be completed and forwarded to the Financial Services. Fees shall be deposited the same day as received. A copy of the transmittal shall be kept in the area office for one year.

The transmittal shall be completed as follows:

  • Issued To- DE RW ODA
  • Date Issued- current date
  • Attach check to the transmittal form
  • Type of Payment- Outdoor Advertising
  • Total Transmittal Amount- amount of check
  • ODA Area #- ODA area number where junkyard or billboard is located
  • Invoice #- Used for fees that have been invoiced
  • Permit #- For vegetation permits, list the original permit / vegetation permit
  • Refundable Deposit- “Yes” for cash performance bonds; all others “No”
  • Description- Transaction fee type
- New billboard permit
- New billboard permit- grandfathered ($28.50 fee)
- Biennial fees for billboard
- Transfer fees for billboard
- Deposit for vegetation permit
- Vegetation cutting fees
- Junkyard renewal license
- New junkyard license
  • District/Division Contact- Area Specialist
  • Telephone Number- Area Specialist telephone number

236.16.24.1 Request for Refund

A request for refund should be forwarded to the outdoor advertising technician with the following information. Upon review, the technician should forward the refund request to the Financial Services Office for processing.

  • Customer Name
  • Check No.
  • Customer No.
  • Transmittal No
  • Outdoor Advertising Permit No.
  • Amount
  • Reason

236.16.24.2 Request for Credit Memo

A request for credit memo should be forwarded to the technician with the following information. Upon review, the technician should forward the request for credit memo to the Financial Services Office for processing.

  • Customer Name
  • Customer No.
  • Outdoor Advertising Permit No.
  • Invoice No.
  • Line No.
  • Amount
  • Area
  • Reason

236.16.24.3 Biennial Renewal Fees

This procedure provides guidance regarding the biennial renewal fee and delinquent fee process in accordance with RSMo Section 226.550 and 7 CSR 10-6.070. Invoices are created in the Financial Services Office and mailed directly to the permit owner.

Permit owners have thirty (30) days from the invoice date to pay the invoice. If payment is not received within the thirty (30) day time-frame, a total of four (4) invoices will be generated over a four (4) month period or until the payment is received as outlined below.

  • Initial invoice is generated and due in thirty (30) days
  • If payment is not received within thirty (30) days of the due date, a second invoice is generated.
  • If payment is not received within sixty (60) days of the original due date, a third invoice is generated.
  • If payment is not received within ninety (90) days of the original due date, an invoice indicating Final Notice is generated.
  • If payment is not received within one hundred eighty (180) days of the original due date, an invoice referring to legal action is generated.

If payment has not been received and the renewal fee is twelve (12) months delinquent a Notice to Remove Outdoor Advertising or Notice to Terminate Nonconforming Outdoor Advertising may be issued.

Between the 1st and 6th of each month, the area specialist and technician should run the report “Delinquent Receivables” or “Receivables Past Due” to determine which permits are delinquent. The area specialist and technician should contact the permit owner regarding payment after the invoice reaches thirty (30) days past due until payment is received.

236.16.25 File Storage Process

All outdoor advertising permit files should be kept in each area office in numerical order and electronically in TMS as they are created. The following documentation should be retained in both files:

  • Original application and supporting documentation
  • Original permit
  • Transfer application(s) and documentation
  • Transfer permit(s)
  • Vegetation application including documentation (hard copy file only)
  • Cutout/extension information (hard copy file only)
  • Digital upgrade request
  • Digital upgrade approval/denial
  • Partial Waiver and Reset Agreement
  • Correspondence that is not generated in TMS
  • Any other documents crucial to the history of the permit

The file label for the area office file should include the following information:

Example:
Permit No.: 1234 Anniversary Date: 01/01/2014
Route: US 54 E Log: 129.330 County: Miller

236.16.25.1 Photographs

Digital photos should be taken and attached in TMS using the naming convention below. Vegetation photos are uploaded under the original permit number, not the vegetation permit number.

Photos can be uploaded individually in TMS under “Media”, “Add Document” or through the mass media upload process using the naming convention below.

Data for each media file includes:

  • Name: the following naming convention should be used for all images
Permit #-Date Taken-Sequence
Example: 50297-010114-1
  • View: Front, back, double, left, right, removal, unbuilt, business, vegetation, damaged, other, Violation, NA
  • Media Type: Image
  • Media Date: Date photo was taken
  • Permit Number

236.16.25.2 Retention of Records

All files, correspondence and photographs should be retained for five (5) years following voiding of the permit or transaction. Copies of transmittal of money should be retained for one year.

236.16.26 Sunshine Law (Open Records Request)

It is the policy of MoDOT to comply with the provisions of Chapter 610 of the 2000 Revised Statutes of Missouri (RSMo), as amended, the Missouri Open Records (Sunshine) law. Outdoor Advertising, a section of MoDOT, implements this Open Records Policy and Procedure to respond to requests for access to outdoor advertising records. Requests for information other than the outdoor advertising document list, brochures and rules or regulations must be submitted on the Records Request Questionnaire. MoDOT has appointed the Secretary to the Commission as the custodian of such records as required by Section 610.023, RSMo, as amended. Requests should be forwarded to the Secretary of the Commission, PO Box 270, Jefferson City, Missouri 65102, or by fax (573) 526-5419.

Outdoor advertising personnel may be required to make copies or research data to satisfy the request. After the information has been compiled, the documents should be forwarded, including amount of time spent, to the Chief Counsel’s Office. The Chief Counsel’s Office will review the information and the costs calculated will be billed to the requestor. The information will be forwarded to the requestor after payment is received. The Chief Counsel’s Office maintains copies of all requests indefinitely.