236.16 Outdoor Advertising
| Key Points |
Contents
- 1 Introduction
- 2 236.16.1 General Information
- 3 236.16.2 Organization & Personnel
- 4 236.16.3 Permitting of signs
- 4.1 236.16.3.1 Processing Financial Transactions
- 4.2 236.16.3.2 Inspecting A NEW Location for an Outdoor Advertising Permit – Billboard Type (See 7 CSR10-6.040 RSMo)
- 4.3 236.16.3.3 Directional or Other Official Sign Location (See 7 CSR 10-6.020)
- 4.4 236.16.3.4 Non-Profit Tax-Exempt Information Signs
- 4.5 236.16.3.5 Issuing a New Permit
- 4.6 236.16.3.6 Creating a New File
- 4.7 236.16.3.7 Processing a Denial of an Outdoor Advertising Permit Application
- 4.8 236.16.3.8 Processing a Request for an Informal Review Hearing
- 4.9 236.16.3.9 Informal Hearing Procedures
- 4.10 236.16.3.10 Complete Inspection
- 5 236.16.4 Biennial Inspections & Renewals of Permits
- 6 236.16.5 Transfer of Outdoor Advertising Permits
- 7 236.16.6 Voiding of Permits
- 8 236.16.7 Illegal Signs & Removal Process
- 9 236.16.8 Vegetation Removal
- 10 236.16.9 Sign Structures/Junkyards Affected by Highway Projects
- 11 236.16.10 Sunshine Law & File Retention
Introduction
The Missouri Department of Transportation (MoDOT) is responsible for regulating outdoor advertising (ODA) signs on controlled routes; which includes all National Highway System (NHS) routes, along with any route classified as a Federal Aid Primary highway as of June 1, 1991. The Department is required to control location, sizing, spacing and lighting of ODA signs. The advertising message or content of off-premise signs is not regulated. The Outdoor Advertising regulatory program is based on federal law and regulations as well as state statutes and rules. Federal law is set forth in the Highway Beautification Act, federal regulations can be found at 23 CFR Section 750. State statutes are found in Sections 226.500 to 226.600 RSMo. In addition to the state statutes, the Department has written regulations to interpret the intent of the statute, 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:
- outdoor advertising,
- directional and other official signs,
- on-premise signs.
In order to maintain effective control of outdoor advertising, the Division office has implemented an inventory control program in Transportation Management System (TMS) which tracks signs, locations, traits, permit details, photos and imaged documents.
Failure to provide effective control of ODA could result in a 10% loss of Federal-aid highway funding as provided in 23 USC 131 (b) and the federal-state agreement between MoDOT and FHWA dated February 22, 1972.
Additional information concerning the Outdoor Advertising Program can be found in 236.3.9 Nonconforming Outdoor Advertising Acquisition Program.
236.16.1 General Information
236.16.1.1 Reason
Procedures have been established to enable ODA 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 professional 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 manual 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 ODA Manager.
236.16.1.4 One Standard of Operation
MoDOT has only one standard of operation, which is applicable for all outdoor advertising and junkyard processes.
236.16.1.5 Federal Regulations
Federal regulations governing outdoor advertising regulations are found in 23 CFR Section 750 (Code of Federal Regulations).
236.16.1.6 FHWA--State Relationship
The Federal Highway Administration and MoDOT work cooperatively to assure federal requirements are met to avoid loss of federal funding. The duties of the Federal Highway Administration are not to be a policing agency, but to assist in ways to help MoDOT meet federal requirements.
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 by cooperation of the FHWA, the industry, the public, other state and city organizations, as well as MoDOT partnering divisions.
MoDOT was given the authority to regulate outdoor advertising in accordance with RSMo 226.500 and junkyards in accordance with RSMo 226.650. An inventory system listing outdoor advertising and junkyards has been developed through the Transportation Management System (TMS) and is maintained by each area office.
Outdoor Advertising (ODA)’s Central Office is located in Jefferson City, Missouri with seven (7) area specialists and three (3) technicians located around the state to best serve our customers. Activities outlined in the following portions of 236.16 and 236.17 shall be undertaken by each area office. Area office locations are listed as follows:
Area 1: (816) 622-6353
Missouri Department of Transportation
600 Northeast Colbern Rd.
Lee’s Summit, MO 64086
Attn: Outdoor Advertising Permit Specialist
Counties include: Andrew, Atchison, Bates, Buchanan, Cass, Clay, Holt, Henry, Jackson, Johnson, Lafayette, Nodaway, Platte, and Ray.
Area 2: (660) 385-8264
Missouri Department of Transportation
PO Box 8
Macon, MO 63552
Attn: Outdoor Advertising Permit Specialist
Counties include: Adair, Caldwell, Carroll, Chariton, Clark, Clinton, Daviess, Dekalb, Gentry, Grundy, Harrison, Knox, Lewis, Linn, Livingston, Macon, Marion, Mercer, Putnam, Randolph, Schuyler, Scotland, Shelby, Sullivan, and Worth.
Area 3: (573) 751-7187
Missouri Department of Transportation
PO Box 718
Jefferson City, MO 65102
Attn: Outdoor Advertising Permit Specialist
Counties include: Audrain, Benton, Boone, Callaway, Cole, Cooper, Gasconade, Howard, Maries, Miller, Moniteau, Monroe, Morgan, Osage, Pettis, and Saline.
Area 4: (314) 340-4327
Missouri Department of Transportation
1590 Woodlake Drive
Chesterfield, MO 63017-5712
Attn: Outdoor Advertising Permit Specialist
Counties include: Crawford, Franklin, Jefferson, Lincoln, Montgomery, Pike, Ralls,
St. Charles, St. Louis, St. Louis City, Warren, and Washington.
Area 5: (417) 895-7648
Missouri Department of Transportation
PO Box 868
Springfield, MO 65801
Attn: Outdoor Advertising Permit Specialist
Counties include: Barry, Barton, Cedar, Christian, Dade, Greene, Jasper, Lawrence, McDonald, Newton, St. Clair, Stone, Taney, and Vernon.
Area 6: (417) 895-1333
Missouri Department of Transportation
PO Box 868
Springfield, MO 65801
Attn: Outdoor Advertising Permit Specialist
Counties include: Camden, Dallas, Douglas, Hickory, Howell, Laclede, Ozark, Phelps, Polk, Pulaski, Texas, Webster, and Wright.
Area 7: (573) 472-5235
Missouri Department of Transportation
PO 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, Scott, Shannon, St. Francois, Ste. Genevieve, Stoddard, and Wayne.
Applications, outdoor advertising booklets, junkyard booklets, and other information can be acquired through the central office, the area offices or MoDOT’s website (http://www.modot.org/business/Outdoor_Advertising/index.htm). Completed applications can be mailed or hand delivered to the address listed above for the corresponding county where the sign or junkyard is located.
236.16.3 Permitting of signs
This procedure provides guidance for the permitting process of outdoor advertising structures in accordance with 226.500 – 226.600 RSMo.
Outdoor advertising signs located adjacent to controlled routes are required to maintain a permit with the Missouri Department of Transportation. Newly erected sign structures must meet the current statutes and regulations prior to issuance of a permit.
Upon receipt of a new outdoor advertising permit application the following processes will apply:
- 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.
- The outdoor advertising application data shall be entered in TMS including involved party information. The application and all supporting documentation shall be scanned and attached to the appropriate transaction number in TMS. Application fees shall be sent to the Business and Benefits office for deposit (See Processing Financial Transactions).
- New outdoor advertising permit applications will be reviewed for completeness in the order they were received. A 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.
- 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 ten (10) days to respond.
- If incomplete, the application shall be rejected and a letter will be generated in TMS explaining the reason(s) for rejection. The application and all supporting documentation shall be scanned and attached to the appropriate transaction number in TMS. Documentation of the rejection shall be made in the comment section of TMS. A copy of the incomplete application and rejection letter shall be kept on file for three (3) years. See Processing a Denial.
The area specialist shall perform the site inspection as outlined in Site Inspection. If all of the qualifications are met a permit will be issued. (See Issuing a New Permit).
236.16.3.1 Processing Financial Transactions
Fees shall be received within each area or at the Central Office. Checks received in Business and Benefits 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 to Business and Benefits. All fees shall be deposited the same day as received.
A copy of the transmittal shall be retained for two (2) years in the outdoor advertising office.
236.16.3.2 Inspecting A NEW Location for an Outdoor Advertising Permit – Billboard Type (See 7 CSR10-6.040 RSMo)
Site Inspection
A site inspection must be completed for each proposed location and entered in TMS. The area specialist shall document the following information during the site inspection:
- 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 fourteen hundred (1400) feet as measured along the nearest edge of the pavement of the controlled route. Measurements between signs will be from the closest point to the closest point of each sign structure including the lighting fixtures, and catwalks, etc., if any. (See 226.540 (3)(a)a RSMo).
- Location: The sign location must be located within six hundred sixty (660) feet of the right of way, measured perpendicular to the roadway. The desired location must also be within seven hundred fifty (750) feet of a qualifying business’s regularly used business activity area.
- Qualifying business: The qualifying business must be visible and recognizable as a commercial or industrial activity. Further business requirements are listed in 226.540 (6)d RSMo and 7 CSR 10-6.040. For convenience, use the Qualifying Business Checklist.
- In comprehensively zoned areas: Verification of the zoning for zoned commercial or industrial areas must be received. The area may not be spot or strip zoned for the sole purpose of outdoor advertising. (See 226.540 (6)d RSMo 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. See 226.540 (3)b RSMo.
- Log mile: The area specialist shall determine and note the log mile using the measuring device installed in the state vehicle and the appropriate county log book available on TMS.
If all of the qualifications are met, a permit will be issued. (See Issuing a New Permit).
236.16.3.3 Directional or Other Official Sign Location (See 7 CSR 10-6.020)
A directional sign application shall be reviewed in the same manner as any other outdoor advertising application. The Directional Sign Chart shall 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 one hundred-fifty (150) square feet or less in size must be two thousand (2,000) feet from interchanges, at grade intersections, rest areas and scenic areas as measured along the edge of pavement from widening of pavement for exit ramp or entrance ramp to the proposed sign location. Directional signs must be one mile or more apart with a maximum of three signs along any one route in the same direction of travel.
Signs with messages that meet the directional criteria require a $200.00 application fee and a $100.00 biennial renewal fee.
236.16.3.4 Non-Profit Tax-Exempt Information Signs
Non-Profit Tax-Exempt Informational Signs are signs and notices, which do not bear an advertising message, relating to cities, nonprofit service clubs, charitable associations, educational institutions, religious institutions, or any other non-profit tax-exempt agency approved by the Outdoor Advertising Manager.
Exempt sign guidelines:
- If the size of the sign is less than or equal to 32 square feet, the sign will be granted a permit without payment of the fee and is not required to meet spacing or location requirements;
- If the size of the sign is greater than 32 square feet but less than or equal to 76 square feet, the sign will be granted a permit without payment of the fee but is required to meet spacing and location requirements;
- If the size of the sign is greater than 76 square feet, the sign will require a $200.00 application fee and is required to meet spacing and location requirements, and the sign would be issued as a billboard.
236.16.3.5 Issuing a New Permit
If the application meets all the requirements a permit shall be issued. The permit status shall be changed to ACCEPTED. TMS will automatically generate a permit and cover letter. The original permit shall be scanned and attached to the appropriate file in TMS. The cover letter and permit shall be mailed to the sign owner.
236.16.3.6 Creating a New File
A file and label shall be made which includes the following information:
- For Example:
- Permit No.: 4722 Anniversary Date: 12/27/1993
- Route: US 54 Log Point: 129.330 County: Miller
Files shall be maintained in each area office in numerical order.
236.16.3.7 Processing a Denial of an Outdoor Advertising Permit Application
If the site inspection fails, the permit application will be rejected. The permit status shall be changed to “Rejected” in TMS (TF1400C-Billboard Permit Maintenance). The rejection letter will generate automatically and a prompt to select the reason(s) for the rejection will appear.
The rejection letter shall be scanned and attached to the appropriate transaction number in TMS. Additional information regarding the rejection shall be documented in the comment section of TMS.
A copy of the application and the rejection letter, along with all attachments, shall be kept on file for three (3) years.
The original rejection letter, original application, and all other attachments shall be returned to the applicant.
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.
236.16.3.8 Processing a Request for an Informal Review Hearing
If an application is rejected, the applicant shall have twenty (20) working days to request in writing an informal hearing by the Outdoor Advertising Permit Review Committee for the purpose of appealing the rejection. See 7 CSR 10.670(5). The applicant shall submit a request for an informal hearing to the Outdoor Advertising Manager, PO Box 270, Jefferson City, MO 65102.
If the applicant has requested an informal hearing within the required time limit, the Outdoor Advertising Central Office shall advise the applicant, area specialist, and respective district engineer of the time, date and place of the hearing.
236.16.3.9 Informal Hearing Procedures
The Outdoor Advertising Central Office will schedule all informal hearings. Central Office will notify the applicant, the area specialist, respective district engineer, and the Outdoor Advertising Review Committee of the time and date of the hearing. This information shall be entered in TMS.
A file including application and rejection letter along with other supporting data such as videos, photographs, drawings, and maps shall be provided to all committee members. The review committee consists of the following MoDOT staff members, as available on the date of the scheduled informal hearing: the Director of Operations, the Director of Program Delivery, 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.
The Director of Program Delivery will chair the meeting. The applicant is allowed the opportunity to present his/her case. The area specialist shall present information and answer questions as directed by the chair of the informal hearing committee. The review committee shall review the information presented at the hearing and render a decision within five (5) working 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 three (3) years.
If the review committee overturns the permit application denial, the applicant shall re-apply with a new application.
The Central Office shall enter the decision in TMS. The letter of decision shall be scanned and attached to the appropriate file in TMS.
236.16.3.10 Complete Inspection
When a permit is issued, the permit holder shall have 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 Voiding of Permits).
After the sign construction is completed, 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.
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.
236.16.4 Biennial Inspections & Renewals of Permits
This procedure provides guidance for the biennial sign inspection process and the renewal of permits based on 226.550 RSMo and 7 CSR 10-6.070.
All permits in a particular county are renewed in the same month. (See County Billing Cycle Chart) Newly issued permits will be pro-rated and placed in their respective county following their two (2) year anniversary date.
The TMS "Biennial Permits Due" report shall be run between the 1st and the 6th of each month to determine which permits are due to be inspected.
During the field check, any changes to the sign from the last inspection shall be noted. All billboard traits and sign status shall be verified. The date of inspection, message, and any changes to the sign structure shall be noted. A photograph of the entire sign structure shall be taken.
Illegal signs that have been discovered since the last inspection shall be documented and entered into TMS. (See Illegal Signs & Removal Process).
The biennial inspection data shall be entered into TMS and photos shall be attached. Comments and changes shall be documented in TMS. Signs that have a successful biennial inspection entered in the 60-day inspection window will be included in the billing cycle. Invoices are created at the Controller’s Office and mailed directly to the sign owner.
236.16.4.1 Payment of Biennial Fees
If payment is not received within the 30-day timeline, a total of four invoices will be generated and sent from the Controller’s Office over a four-month period or until the payment is received.
For example:
- 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 Controller's Office will also send another letter at 180 days referring to legal action. The area office shall attempt to contact the customer by phone at 90+ days after the initial invoice has been mailed. Documentation shall be made in TMS in the COMMENTS section as to who was contacted, the date contacted, and any information acquired.
Upon receipt of the permit fees, the renewal permit will be prepared and mailed to the sign owner.
236.16.4.2 Processing Delinquent Biennial Permits
If payment has not been received and the renewal fee is twelve (12) months delinquent a Notice to Remove (NTR), or Notice to Terminate (NTT), based on sign status, shall be prepared and sent by certified mail. (See Removal Process).
236.16.5 Transfer of Outdoor Advertising Permits
This procedure provides guidance for the transfer of outdoor advertising permits in accordance with 7 CSR 10-6.070 (6) (B).
A sign owner may transfer ownership of a sign(s) for which a permit is required. The 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.
The application and supporting documentation shall be reviewed for accuracy. A $10.00 transfer fee is required for each permit. (See Processing Financial Transactions). The transfer application and supporting documentation shall be scanned and attached to the TMS file(s).
Permits will not be transferred if there are outstanding fees including biennial permit fees or sign removal costs.
If the transfer is accepted, a transfer permit will be generated by 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.
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:
- The name and address on the check,
- the amount,
- the transmittal number,
- the check number,and
- the reason the money is being refunded.
236.16.6 Voiding of Permits
This procedure provides guidance for voiding outdoor advertising permits in accordance with 7 CSR 10-6.070 and 7 CSR 10-6.080.
When a sign (including its support structure) has been removed, the following procedure shall be followed before the permit is voided:
- 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.
- After receiving the signed release letter or when the permit expires, whichever occurs first, the permit shall be voided in TMS. The signed release letter shall be scanned and attached to the permit file. The 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 three (3) years.
Upon removal of a sign, listed below are instances you may void without the Release Letter:
- The permit has expired.
- 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
This procedure provides guidance for the expeditious removal of illegal or unauthorized signs in accordance with 226.580 RSMo and 7 CSR 10-6.060.
A Notice to Remove (NTR) is sent for conforming sign(s) that are in violation of 226.580 RSMo or for illegal sign(s) that do not have a permit.
Information gathered about the sign shall be entered into TMS. Photographs shall be attached and an inspection shall be entered.
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 TMS.
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.
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 attached. 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.
A Notice To Terminate (NTT) is sent for non-conforming sign(s) that are in violation of 7 CSR 10-6.060.
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.
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.
Upon receipt of a Notice to Remove (NTR) or Notice to Terminate (NTT), the sign owner or landowner has sixty-days (60) 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 Request for an Administrative Review Hearing).
236.16.7.1 Request for an Administrative Review Hearing
This process explains the procedure used for Administrative Review of Notices to Remove and Notices to Terminate in accordance with 7 CSR 10-6.090.
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 Notice of Withdrawal (OAN-15) shall be completed by the area office, and sent to the Chief Counsel’s Office (CCO).
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 sixty-day (60) time requirement was met. This information will be conveyed to the area office and a Request for Administrative Review (Untimely Request) in TMS shall be generated and sent to CCO and the respective district engineer along with required documentation. If the request was made within the sixty-day (60) 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 fifteen (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.
An attorney from CCO shall contact the area specialist prior to the hearing date to discuss the hearing and to request further documentation.
The following items shall be scanned and sent electronically for all hearings:
- A copy of the application for the permit and attachments, if applicable
- A copy of the notice to remove/terminate
- 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.
At the hearing, the area specialist will be sworn in and shall testify to the reason 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 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 thirty-days (30) after the decision is rendered to appeal to the Circuit Court. After the thirty-days (30) 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.
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.
236.16.7.2 Removal Process
This process explains the procedure used for the removal process in accordance with 7 CSR 10-6.080.
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.
The Controller’s Office 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.
The area engineer should be contacted to schedule the removal of the sign and the district engineer notified. MoDOT personnel will be utilized to remove the sign if the necessary equipment and manpower are available. If the necessary equipment or manpower is not available, the sign removal should be accomplished by contract. Contact the Central Office General Services Procurement section for further instructions.
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.
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.
ODA staff may be present at the time of the removal. Photos should be taken to adequately document each stage of removal. The sign materials may be taken to a refuse facility and the cost shall be billed to the TOD#.
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 ground. Ground 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.
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.
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.
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 selected. The invoice shall be generated during the next billing cycle.
AFTER the billing has cycled, the permit shall be voided in TMS. The area office shall notify the Controller’s Office 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.
The area specialist shall notify the Controller's Office 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.
236.16.8 Vegetation Removal
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 226.130 and 226.585, RSMo and 7CSR 10-6.085.
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 five (5) years. Permits to trim vegetation may be issued for lawfully permitted signs that have been in existence for a minimum of two (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 engineer. Permits may be issued to allow the cutting of vegetation necessary to clear the sign’s visibility zone as determined by the area specialist.
Upon receipt of an Application for Outdoor Advertising Vegetation Permit, the document shall be time and date stamped and entered in TMS.
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 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.
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 stability. The area specialist shall verify that the cutting will be within the four hundred and fifty feet (450') cutting zone which shall run parallel to the roadway each direction, if the structure is a back to back.
The vegetation shall be measured to verify the applicant’s measurements. Refer to the Vegetation Fee Schedule Chart.
| 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 |
Note: Circumference is measured 4 1/2 feet above ground level. Measurements below the circumference number fall into the previous size.
The area to be cut shall be documented by taking photos. The photo(s) shall be attached to the billboard file in TMS. Identify photo by using “V” permit number date (example V-23492-072103).
The area office may compose a letter to the applicant with the measurements and amount computed for cutting vegetation. (See sample Vegetation Cost 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 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.
If the vegetation site inspection is passed, the permit shall be issued. The cover letter and vegetation permit shall be sent to the permit applicant.
A copy of the vegetation permit shall be sent to the district roadside manager and maintenance supervisor or area engineer.
If the vegetation site inspection fails, reject vegetation application. Complete the 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.
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.
Copies of vegetation applications and documentation shall be retained for three (3) years in a file marked Permitted Vegetation Applications.
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.
236.16.9 Sign Structures/Junkyards Affected by Highway Projects
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 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 226.600 to 226.720 RSMo.
The Right of Way Division 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.
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 ADV Profile Report from TMS for each sign affected. A 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.)
The ADV Profile Report shall be placed in the permit file and a copy shall be forwarded to the district right of way manager. When 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 TMS.
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.
When the sign purchase is complete and the area office is notified by return of the ADV Profile Report, the ownership of the sign shall be changed in TMS to MoDOT. A 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.
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 progress. When 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.
236.16.10 Sunshine Law & File Retention
236.16.10.1 Sunshine Law (Open Records)
It is the policy of the Missouri Department of Transportation (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. 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 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 shall be forwarded to Secretary of the Commission, PO Box 270, Jefferson City, Missouri 65102, or by fax (573) 526-5419.
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.
236.16.10.2 File Storage Process
All Outdoor Advertising and Junkyard permit files shall be kept in numerical order and the following documentation shall be retained in the file:
- Original application and attachments,
- Original permits,
- Any correspondence that is not generated from Transportation Management System (TMS).
TMS will keep a history of correspondence generated. Photographs may be viewed in TMS.
236.16.10.3 Retention of Records
Informal Hearing, Administrative Hearing & other Court Case files shall be retained for ten (10) years.
- Voided files shall be retained for three (3) years.
- Rejected applications shall be retained for three (3) years.
- Transmittals shall be retained for two (2) years.
- All other correspondence shall be retained for one (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 scanning procedures.
