Difference between revisions of "236.16 Outdoor Advertising"

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'''<u><center>Forms</center></u>'''
|'''[[Key Points 236.16 Outdoor Advertising| Key Points]]'''
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*[https://www.modot.org/media/19944 Application for Permit to Erect and/or Maintain Outdoor Advertising]
|}
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*[https://www.modot.org/media/19945 Application for Transfer of Outdoor Advertising Permit(s)]
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*[https://www.modot.org/media/19943 Application for Outdoor Advertising Vegetation Permit]
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'''<u><center>E-Newsletter</center></u>'''
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*[https://www.modot.org/outdoor-advertiser The Outdoor Advertiser]
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'''<u><center>Brochures</center></u>'''
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*[https://www.modot.org/sites/default/files/documents/Directional%20Service%20Club%20and%20Religious%20Signs.pdf  Directional, Service Club and Religious Signs]
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*[https://www.modot.org/sites/default/files/documents/2018ODAbooklet.pdf State of Missouri’s Rules Governing Outdoor Advertising]
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*[https://www.modot.org/sites/default/files/documents/Outdoor%20Advertising%20Rules%20and%20Regulations.pdf Outdoor Advertising Rules and Regulations]
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*[https://www.modot.org/media/17615 Payment Options]
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'''<u><center>Controlled Routes</center></u>'''
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*[https://datazoneapps.modot.mo.gov/bi/apps/maps/Home/Index/ODAControlledRoutes Controlled Routes Map]
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'''<u><center>Additional Information</center></u>'''
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*[https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Billboard%20Diagram.pdf Billboard Diagram]
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*[https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/County%20Billing%20Cycle%20Chart.pdf County Billing Cycle Chart]
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*[[media:236.16 Digital Inspection Form.pdf|Digital Inspection Form]]
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*[https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Field%20Inspection%20Form.pdf Field Inspection Form]
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*[https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Freeway%20Primary%20Diagram.pdf Freeway/Primary Diagram]
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*[https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Location%20Diagrams.pdf Location Diagrams]
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*[https://www.modot.org/contact-us-area-locations-information Outdoor Advertising Area Map]
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*[http://www.modot.org/business/Outdoor_Advertising/index.htm Outdoor Advertising Internet Site]
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*[https://www.modot.org/media/10740 Performance Bond]
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*[https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Qualifying%20Business%20Checklist.pdf Qualifying Business Checklist]
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*[https://www.modot.org/public-records-policy Submit a Public Records Request]
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*[https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Tree%20Pruning%20Chart.pdf Tree Pruning Chart]
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</div>
  
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The Federal Highway Beautification Act of 1965 requires MoDOT to regulate outdoor advertising under [https://www.law.cornell.edu/cfr/text/23/part-750 23 CFR Section 750]. Missouri’s rules and regulations regarding the control of outdoor advertising are located in [https://revisor.mo.gov/main/OneChapter.aspx?chapter=226 RSMo Sections 226.500 to 226.600] and [http://s1.sos.mo.gov/cmsimages/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.
  
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In order to maintain effective control of outdoor advertising, an inventory system is maintained in MoDOT's [http://tms/home/ 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.
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<div id="Failure to provide"></div>
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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 [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Fed%20State%20Agreement%20Missouri.pdf Missouri's federal-state agreement] between MoDOT and the Federal Highway Administration dated February 22, 1972.
  
[[Image:236.16 ODA1.jpg|right|350px]]
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[[Image:236.16 ODA1.jpg]]
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</div>
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==236.16.1 General Information==
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===236.16.1.1 Reason===
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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.
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===236.16.1.2 Scope===
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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.
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===236.16.1.3 Purpose===
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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.
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===236.16.1.4 One Standard of Operation===
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MoDOT has only one standard of operation, which is applicable for all outdoor advertising processes.
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===236.16.1.5 Federal Regulations===
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Federal regulations governing outdoor advertising are located in [https://www.law.cornell.edu/cfr/text/23/part-750 23 CFR Section 750].  The Federal Highway Administration and MoDOT work cooperatively to ensure federal requirements are met to avoid loss of construction money.
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==236.16.2 Organization & Personnel==
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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.
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The Outdoor Advertising Central Office is located in Jefferson City, Missouri, with [https://www.modot.org/contact-us-area-locations-information 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.
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<big>[https://www.modot.org/contact-us-area-locations-information Outdoor Advertising Area Contacts]</big>
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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.
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==236.16.3 Controlled Routes==
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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 [https://datazoneapps.modot.mo.gov/bi/apps/maps/Home/Index/ODAControlledRoutes Controlled Routes Map]. 
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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, were 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]]).
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Under the Intermodal Surface Transportation Efficiency Act of 1991, routes classified as FAP-1991 will continue to be regulated for the control of outdoor advertising regardless of owner or functional classification changes. 
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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]]).
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==236.16.4 Types of Outdoor Advertising==
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MoDOT is responsible for regulating outdoor advertising adjacent to [https://datazoneapps.modot.mo.gov/bi/apps/maps/Home/Index/ODAControlledRoutes  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. Types of outdoor advertising include Billboard, Directional, Service Club & Religious Notices, Official, Public Service, and Public Utility.
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===236.16.4.1 Billboard Signs===
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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, except religious, service, veteran and fraternal organizations that meet the billboard criteria, tax-exempt criteria under RSMo Section 226.550(4)4, and are less than 76 square feet shall not require an application fee or biennial renewal fee. Standards for billboard signs are located in RSMo Section 226.540 and 7 CSR 10-6.040.
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[[Image:236.16.3.3 ODA3.jpg|right|250px]]
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===236.16.4.2 Directional Signs===
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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, except religious, service, veteran and fraternal organizations that meet the directional criteria, tax-exempt criteria under RSMo Section 226.550(4)4, and are less than 76 square feet shall not require an application fee or biennial renewal fee. Standards for directional signs are located in RSMo Section 226.520 and 7 CSR 10-6.020.
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===236.16.4.3 Service Club and Religious Notices===
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[[Image:236.16.3.4 ODA2.jpg|right|350px]]
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Service club and religious notices are signs and notices relating to religious, fraternal, service, and veteran organizations. These signs are issued to the organization and cannot bear an advertising message.
 +
 
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Service club and religious notices shall be limited to 8 square feet, shall not require an application fee or biennial renewal fee, and shall not have to meet spacing or location requirements.  Standards for service club and religious notices are located in 7 CSR 10-6.020.
 +
 
 +
==236.16.5 Permitting Outdoor Advertising==
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This procedure provides guidance for the permitting process of outdoor advertising in accordance with [https://revisor.mo.gov/main/OneChapter.aspx?chapter=226 RSMo Sections 226.500 to 226.600] and [http://s1.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6]. 
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===236.16.5.1 Application Process===
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Upon receipt of an [https://www.modot.org/media/19944 Application for Permit to Erect and/or Maintain Outdoor Advertising], the following procedures apply:
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* 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.
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<div id="The information provided"></div>
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* The information provided on the application, including involved party information, should be entered and assigned a transaction number with sign status “RECORDED” with sign reason “PENDING”; and appropriate permit type (see [[#236.16.4 Types of Outdoor Advertising|EPG 236.16.4 Types of Outdoor Advertising]]), permit status “RECORDED” with permit status reason “RESEARCH”.
 +
 
 +
* 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]]).
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* Outdoor advertising permit applications will be reviewed in the order received within ten (10) working days.
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* 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]]). 
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 +
* The area specialist should perform a [[#236.16.8.1 Site Inspection|site inspection]] and enter this information into TMS.
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 +
Original applications that have been resubmitted should be entered under the original transaction number with permit status of “RESUBMITTED” and permit status 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 [https://www.modot.org/statewide-transportation-improvement-program-stip 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 [[#236.16.5.5 Denying a New Permit|EPG 236.16.5.5 Denying a New Permit]]). 
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===236.16.5.3 Outdoor Advertising Prohibited Adjacent to Scenic Byways===
 +
In accordance with USC Title 23, Section 131 (s) and 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.  In accordance with RSMo Section 226.801, areas zoned commercial or industrial at the time of designation shall not be considered scenic byways. Billboard type applications in unzoned areas and zoned areas other than commercial or industrial 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]]).
 +
 
 +
===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 permit status 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.
 +
 
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===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 permit status 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.  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]]). 
 +
 
 +
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.
 +
 
 +
==236.16.6 Permit Renewal==
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 +
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.
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 +
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 [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/County%20Billing%20Cycle%20Chart.pdf County Billing Cycle Chart]) using the report Sign Inventory Details by County by Travelway. 
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Between the 1<sup>st</sup> and 6<sup>th</sup> of each month, area specialists run the report Sign Inventory Details for Permits Due by Area by County to determine which permits are due for inspection. Prior to the end of the month, the area 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).
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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]]). 
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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]]). 
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The technician runs the monthly report Cash Receipts and generates 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.
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The technician runs the monthly report Exempt Permits Due by Area by County and generates the Biennial Permit Cover and Biennial Permit for permits that do not require a biennial fee.
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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]]).
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==236.16.7 Sign Status of Permitted Outdoor Advertising==
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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.
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The sign status should be updated during the inspection process and as required.  Permit owners should contact the area specialist prior to making any structural changes to a sign to ensure compliance. 
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===236.16.7.1 Recorded ===
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Upon receiving an [https://www.modot.org/media/19944 Application for Permit to Erect and/or Maintain Outdoor Advertising], the sign status for the transaction is classified as recorded.  Transactions that are accepted remain in recorded sign 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 [https://revisor.mo.gov/main/OneChapter.aspx?chapter=226 RSMo Sections 226.500 to 226.600] and [http://s1.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6].
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===236.16.7.2 Conforming ===
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A permitted sign is classified as conforming when it meets the current statutory and administrative rule requirements for outdoor advertising pursuant to [https://revisor.mo.gov/main/OneChapter.aspx?chapter=226 RSMo Sections 226.500 to 226.600] and [http://s1.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6].
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===236.16.7.3 Conforming Out of Standard ===
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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 [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Fed%20State%20Agreement%20Missouri.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. 
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When a sign status is changed to conforming out of standard, the Sign Status Conforming Out of Standard should be generated and sent to the sign owner. 
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===236.16.7.4 Nonconforming===
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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.
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When a permit status is changed to nonconforming, the Sign Status Nonconforming should be generated and sent to the sign owner. 
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===236.16.7.5 Illegal===
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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 [https://revisor.mo.gov/main/OneChapter.aspx?chapter=226 RSMo Sections 226.500 to 226.600] and [http://s1.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6].
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==236.16.8 Inspection Process==
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 +
This procedure provides guidance for the various inspection processes for outdoor advertising. The [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Field%20Inspection%20Form.pdf Field Inspection Form],  [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Location%20Diagrams.pdf Location Diagrams] and [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Freeway%20Primary%20Diagram.pdf Freeway/Primary Diagram] may be referenced when performing inspections.
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===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:
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'''Location:'''
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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.
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'''Spacing: '''
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For a billboard permit, the distance to the nearest off premise billboard 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). 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).
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For a directional sign permit, spacing requirements under 7 CSR 10-6.020(7)(D) must be met.
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'''Zoning: '''
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Zoning 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).
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'''Business: '''
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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 [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Qualifying%20Business%20Checklist.pdf Qualifying Business Checklist] when completing the site inspection.
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'''Moratorium:'''
 +
The proposed sign location shall be reviewed to determine if it is located within the outdoor advertising control area for sections 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. 
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'''Scenic Byway:'''
 +
The proposed location shall be reviewed to determine if it is located adjacent to a Scenic Byway.
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'''Log mile: '''
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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.
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 +
The area specialist should take a photo(s) of the proposed sign location, qualifying business and upload in TMS and verify the following information:
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* Location: sign location requirements were met
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* Spacing: sign spacing requirements were met
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* Zoning: sign zoning requirements were met
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* Business: enabling business requirements were met
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* Moratorium: moratorium requirements were met
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* Scenic Byway: scenic byway requirements were met.
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===236.16.8.2 Complete Inspection===
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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]]).
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After the sign construction is complete with a message, a complete inspection should be conducted and entered in TMS.   
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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:
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 +
* Location: sign location requirements were met
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* Spacing: sign spacing requirements were met
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* Size Requirement: sign sizing requirements were met
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* Illuminate: sign illumination requirements were met
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* Message: sign message was present
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* Right of way damage: Right of way damage has occurred
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* Image: sign image has been recorded.
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If the sign owner affixed a tag number to the sign, this information should be recorded and entered in TMS.
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 +
===236.16.8.3 Biennial Inspection===
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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 have a biennial inspection and are renewed in the same month (see [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/County%20Billing%20Cycle%20Chart.pdf County Billing Cycle Chart]). 
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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. 
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 +
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:
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* Size Requirement: sign sizing requirements were met
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* Message: sign message was present
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* Condition: sign condition has been recorded
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* Image: sign image has been recorded
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* 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 Requirement: sign size requirements were met
 +
 
 +
* Message: sign message was present
 +
 
 +
* Condition: sign condition has been recorded
 +
 
 +
* Image: sign image has been recorded
 +
 
 +
* Right of Way Damage: right of way damage occurred.
 +
 
 +
===236.16.8.5 Vegetation Site Inspection===
 +
The area specialist will verify the cut area to ensure slope stability and safety concerns.
 +
 
 +
If the applicant is requesting to trim, cut or remove trees three inches or greater in diameter, as measured at a point 54 inches above ground from April 1 through October 31, the area specialist shall inspect the cut area for trees that are considered suitable roosts for Indiana Bats and Northern Long-Eared Bats using the Threatened and Endangered Species Checklist. 
 +
 
 +
The proposed cut area shall be reviewed to determine if it is located in a section of highway under the Statewide Transportation Improvement Program.
 
   
 
   
{|style="padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5" width="170px" align="right
+
* Location: sign vegetation cutting location confirmed
|- 
+
* Cut Plan: cut plan confirmed
|'''Forms'''
+
* Cutting Id: cut identification confirmed
|-
+
* Right of Way Damage: right of way damage occurred
|[[media:236.16 Controlled Routes Map.pdf|Controlled Routes]]
+
* Image: sign vegetation image has been recorded
|-
+
* Active Construction Project: active construction requirements met.
|[[media:236.16 Outdoor Advertising Permit Application.doc|Outdoor Advertising Permit Application]]
+
|-
+
===236.16.8.6 Vegetation Follow-up Inspection===
|[[media:236.16 Rejection Letter for Outdoor Advertising Permit Application.doc|Rejection Letter for Outdoor Advertising Permit Application]]
+
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.
|-
+
 
|[[media:236.16 Transfer of Outdoor Advertising Permit Application.doc|Permit Transfer Application]]
+
The area specialist may document the area where the cutting/trimming was performed with photos and upload in TMS and verify the following information:
|-
+
 
|[[media:236.16 Qualifying Business Checklist.doc|Qualifying Business Checklist]]
+
* Location: sign vegetation cutting location confirmed
|-
+
 
|[[media:236.16 Directional Sign Chart.pdf|Directional Sign Chart]]
+
* Excess Cut: excess cutting has occurred
|-
+
 
|[[media:236.16 Outdoor Advertising Permit.pdf|Outdoor Advertising Permit]]
+
* Right of Way Damage: right of way damage occurred
|-
+
 
|[[media:236.16 ODA Permit Cover Letter.pdf|Outdoor Advertising Permit Cover Letter]]
+
* Image: sign vegetation image has been recorded.
|-
+
 
|[[media:236.16 County Billing Cycle Chart.pdf|County Billing Cycle Chart]]
+
===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.
|[[media:236.16 Notice to Remove.doc|Notice to Remove (NTR)]]
+
 
|-
+
The area specialist should document the removal of the sign with photos and upload in TMS as “REMOVAL” and verify the following information:
|[[media:236.16 Notice to Terminate.doc|Notice to Terminate(NTT)]]
+
 
|-
+
* Removed: sign removal is complete
|[[media:236.16 Release Letter.doc|Release Letter]]
+
* Image: image has been recorded
|-
+
* Right of Way: right of way damage occurred.
|[[media:236.16 Void Cover Letter.doc|Void Cover Letter]]
+
 
|-
+
===236.16.8.8 Digital Upgrade Inspection===
|[[media:236.16 Note to Void.doc|Note to Void (Release of Permit)]]
+
Upon receipt of a digital upgrade request, the area specialist should inspect the sign using the Field Inspection form prior to sending the Digital Upgrade Approval or Digital Upgrade Denial Letter.  
|-
+
 
|[[media:236.16 Courtesy Letter (possibly permitted).doc|Courtesy Letter ("possibly permitted")]]
+
The area specialist may take a photo of both the front and back of the sign and upload in TMS; upload the Field Inspection form; and verify the following information:
|-
+
 
|[[media:236.16 Courtesy Letter (cannot be permitted).doc|Courtesy Letter ("cannot be permitted")]]
+
* Location: location requirements were met
|-
+
 
|[[media:236.16 Notice of Withdraw (OAN-15).doc|Notice of Withdrawal (OAN-15)]]
+
* Spacing: spacing requirements were met
|-
+
 
|[[media:236.16 Administrative Review Request.doc|Administrative Review Request]]
+
* Zoning: zoning requirements were met
|-
+
 
|[[media:236.16 Notice to Sign Owner.doc|Notice to Sign Owner]]
+
* Business: enabling business requirements were met.
|-
+
 
|[[media:236.16 Notice to Property Owner.doc|Notice to Property Owner]]
+
===236.16.8.9 Digital Upgrade 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.  
|[[media:236.16 Application for Outdoor Advertising Vegetation Permit.doc|Application for Outdoor Advertising Vegetation Permit]]
+
 
|-
+
The area specialist should perform a digital upgrade complete inspection upon expiration or when the upgrade is complete. 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:  
|[[media:236.16 Vegetation Cost Letter.doc|Vegetation Cost Letter]]
 
|-
 
|[[media:236.16 Rejection Letter for Vegetation Permit Application.doc|Vegetation Rejection Letter]]
 
|-
 
|[[media:236.16 Outdoor Advertising Profile Report (ADV).doc|ADV Profile Report]]
 
|-
 
|[http://www.modot.mo.gov/about/RecordsRequest.htm Records Request Questionnaire]
 
|-
 
|'''Additional Information'''
 
|-
 
|[http://modot.org/business/Outdoor_Advertising/documents/ODAbookletfori-nets.pdf Outdoor Advertising Regulation Booklet]
 
|-
 
|[[media:236.16 Scanning Procedures.doc|Scanning Procedures]]
 
|}
 
  
==Introduction==
+
* Illuminate: sign illumination requirements were met
 +
* Right of Way Damage: right of way damage occurred
 +
* Image: sign image has been recorded.
  
The Missouri Department of Transportation (MoDOT) is responsible for regulating outdoor advertising (ODA) signs on [[media:236.16 Controlled Routes Map.pdf|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 [http://www.access.gpo.gov/nara/cfr/waisidx_03/23cfr750_03.html 23 CFR Section 750]. State statutes are found in Sections [http://www.moga.mo.gov/STATUTES/C226.HTM 226.500 to 226.600 RSMo].  In addition to the state statutes, the Department has written regulations to interpret the intent of the statute, [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 regulationsThere are three types of advertising addressed by this law:
+
===236.16.8.10 Digital Annual Inspection===
 +
Digital brightness should be measured with the MoDOT-provided luminance meter and the digital rotation rate timed to ensure compliance and instantaneous rotation.   
  
:*outdoor advertising,
+
The area specialist should document the brightness measurements, including the advertiser, on the [[media:236.16 Digital Inspection Form.pdf|Digital Inspection Form]]; and verify the following information:
:*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.
+
* Illuminate: sign illumination requirements were met
 +
* Right of Way Damage: right of way damage occurred
 +
* Image: sign image has been recorded.
  
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 [[media:236.16 Federal-State Agreement.pdf|federal-state agreement]] between MoDOT and FHWA dated February 22, 1972.
+
===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.
  
Additional information concerning the Outdoor Advertising Program can be found in [[236.3 Administration#236.3.9 Nonconforming Outdoor Advertising Acquisition Program|236.3.9 Nonconforming Outdoor Advertising Acquisition Program]].
+
The area specialist should document the brightness measurements, including the advertiser, on the Digital Inspection Form; and verify the following information:
  
==236.16.1 General Information==
+
* Illuminate: sign illumination requirements were met
 +
 
 +
* Right of Way Damage: right of way damage occurred
 +
 
 +
* Image: sign image has been recorded.
 +
 
 +
===236.16.8.12 Hearing Inspection===
 +
The area specialist should document the hearing decision and record the following information:
  
===236.16.1.1 Reason===
+
* Hearing Number: enter the hearing number
 +
* Commission Decision: document Commission decision
 +
* Action Taken: document action taken
 +
* Hearing Status: document hearing status.
  
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.
+
==236.16.9 Maintenance and Repair of Outdoor Advertising==
  
===236.16.1.2 Scope===
+
This procedure provides guidance for the maintenance and repair of permitted outdoor advertising in accordance with [https://revisor.mo.gov/main/OneChapter.aspx?chapter=226 RSMo Sections 226.500 to 226.600] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6].
  
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.
+
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.  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 [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Billboard%20Diagram.pdf Billboard Diagram] may be referenced when determining whether the sign is damaged beyond the legal limits.
  
===236.16.1.3 Purpose===
+
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.
  
This manual is to be used as the policy and procedure guide for MoDOTThe contents establish a uniform method for completing each phase of the outdoor advertising and junkyard processWritten authority to deviate from the prescribed policy must be obtained from the ODA Manager.
+
In accordance with RSMo Section 226.580, permitted signs that are not in good repair should be deemed unlawful and subject to removalUpon 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 ownerA 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.
  
===236.16.1.4 One Standard of Operation===
+
===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 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]]).
  
MoDOT has only one standard of operation, which is applicable for all outdoor advertising and junkyard processes.
+
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.
  
===236.16.1.5 Federal Regulations===
+
===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 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 [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
  
Federal regulations governing outdoor advertising regulations are found in [http://www.access.gpo.gov/nara/cfr/waisidx_03/23cfr750_03.html 23 CFR Section 750] (Code of Federal Regulations).
+
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.
  
===236.16.1.6 FHWA--State Relationship===
+
==236.16.10 Adding or Removing Controlled Routes==
  
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.
+
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.
  
==236.16.2 Organization & Personnel==
+
===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 ninety (90) days of notification to document off-premises advertising with a [[#236.16.8.1 Site Inspection|site inspection]] to determine sign status. 
  
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.
+
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.
  
MoDOT was given the authority to regulate outdoor advertising in accordance with [http://www.moga.mo.gov/statutes/C200-299/2260000500.HTM RSMo 226.500] and junkyards in accordance with [http://www.moga.mo.gov/statutes/C200-299/2260000650.HTM 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.
+
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 sign status of outdoor advertising and sign status reason. The permit type should remain as “PSEUDO” with permit status of “TEMPORARY” and permit reason “AUTO SETUP”; and either the MAP 21 Notification or MAP 21 Notification Exempt generated and sent to the sign owner, advertiser or landowner.
  
Outdoor Advertising (ODA)’s Central Office is located in Jefferson City, Missouri with seven (7) area specialists and three (3) technicians [[media:236.16 ODA Area Map.pdf|located around the state]] to best serve our customers.  Activities outlined in the following portions of this article and in [[236.17 Junkyards|236.17 Junkyards]] shall be undertaken by each area officeArea office locations are listed as follows:
+
Upon receipt of a completed [https://www.modot.org/media/19944 Application for Permit to Erect and/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]]).   
  
 +
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. 
  
'''Area 1''': (816) 622-6353
+
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 contacting the county assessor’s office, or utilizing the county GIS map, if applicable.
  
Missouri Department of Transportation
+
===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 [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
  
600 Northeast Colbern Rd.
+
==236.16.11 Cutout and Extension Process==
  
Lee’s Summit, MO 64086
+
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 shall be considered grandfathered and 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). Upon identification of a grandfathered cutout/extension, the “EXTENSION” trait should be updated to “GRANDFATHER”. Once the grandfathered cutout/extension is removed, the “EXTENSION” trait should be updated to “NO”.
  
Attn: Outdoor Advertising Permit Specialist
+
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 does not exceed one thousand two hundred (1,200) square feet and:
  
Counties include: Andrew, Atchison, Bates, Buchanan, Cass, Clay, Holt, Henry, Jackson, Johnson, Lafayette, Nodaway, Platte, and Ray.
+
* 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 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 and less than one thousand two hundred (1,200) square feet, the cutout/extension may be installed for the length of a specific display contract and limited to thirty-three (33) percent of the permanent display area.
 +
 +
Temporary cutouts and extensions are allowed on nonconforming outdoor advertising provided the total display area, including the cutout/extension, for each side does not exceed one thousand two hundred (1,200) square feet and:
  
'''Area 2''': (660) 385-8264
+
* 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. 
  
Missouri Department of Transportation
+
* 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.
  
PO Box 8
+
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. The area specialist should follow-up to ensure the information is received.  Failure to provide this information may cause a Notice to Terminate Nonconforming Outdoor Advertising or Notice to Remove Outdoor Advertising to be issued. 
  
Macon, MO 63552
+
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 should be attached in TMS.
  
Attn: Outdoor Advertising Permit Specialist
+
Between the 1<sup>st</sup> and 6<sup>th</sup> each month, area specialists run the TMS report Extension Report by Area by County to determine temporary cutout/extension dates that that are scheduled to expire. Within thirty (30) days prior to the expiration date, the Cutout Extension Expire should be generated in TMS and sent to the permit owner. A [[#236.16.8.4 Surprise Inspection|surprise inspection]] should be performed to verify the temporary cutout/extension has been removed after fifteen days past the expiration date.   
  
 +
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>”. 
  
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.
+
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==
  
'''Area 3''': (573) 751-7187
+
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. 
  
Missouri Department of Transportation
+
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. 
 +
<div id="Digital Upgrade Request"></div>
  
PO Box 718
+
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 owner should be notified that a digital upgrade request is required under EPG 236.16.12.1.   
  
Jefferson City, MO  65102
+
===236.16.12.1 Digital Upgrade Request===
 +
Upon receiving a written upgrade request from the permit owner, the trait COS Digital Request should be updated to “YES” and the written upgrade request attached in TMS. For comprehensively zoned sign locations, the request must include a letter from the Zoning Authority stating the zoning classification. For unzoned sign locations, the request must include the name of the qualifying commercial or industrial activity and hours of operation. Failure to provide either a current letter from the Zoning Authority stating the zoning classification; or the name of the qualifying commercial or industrial activity and hours of operation, along with the upgrade request may cause the request to be denied. The area specialist should perform a [[#236.16.8.8 Digital Upgrade Inspection|digital upgrade inspection]] and enter this information into TMS.
  
Attn: Outdoor Advertising Permit Specialist
+
The request will be time and date stamped. If clarification 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 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 COS Digital End Date trait should be 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.
  
Counties include: Audrain, Benton, Boone, Callaway, Cole, Cooper, Gasconade, Howard, Maries, Miller, Moniteau, Monroe, Morgan, Osage, Pettis, and Saline.
+
Between the 1<sup>st</sup> and 6<sup>th</sup> of each month, area specialists run the report Sign Permits with Digital Upgrade Requests to ensure digital upgrades are completed within the twelve (12) month time-frame. The area specialist should perform a [[#236.16.8.9 Digital Upgrade Complete Inspection|digital upgrade complete inspection]] upon expiration or when the upgrade is complete and enter this information in TMS.  
  
 +
If the upgrade was completed within the twelve (12) month time-frame, the COS Digital Request trait should be updated to “NO”; the COS Digital End Date should be cleared out; and the technology trait updated to “DIGITAL”.
 +
 +
If the upgrade has not been completed within the twelve (12) month time-frame, the COS Digital Request trait should be 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 should be sent to the permit owner and attached in TMS.
  
'''Area 4''': (314) 340-4327
+
===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.
  
Missouri Department of Transportation
+
==236.16.13 Digital Brightness Inspection Procedures==
  
1590 Woodlake Drive
+
Area specialists should perform a [[#236.16.8.10 Digital Annual Inspection|digital annual 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).
  
Chesterfield, MO  63017-5712
+
==236.16.14 Transfer of Outdoor Advertising Permit==
  
Attn: Outdoor Advertising Permit Specialist
+
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. 
  
Counties include: Crawford, Franklin, Jefferson, Lincoln, Montgomery, Pike, Ralls,
+
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.  
St. Charles, St. Louis, St. Louis City, Warren, and Washington.
 
  
 +
===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 Transfers” 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.
  
'''Area 5''': (417) 895-7648
+
===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.  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]]).
  
Missouri Department of Transportation
+
==236.16.15 Vegetation Removal==
  
PO Box 868
+
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. 
 +
<div id="If the cut area is located"></div>
 +
If the cut area is located within a section of highway involved in active construction or reconstruction under the [https://www.modot.org/statewide-transportation-improvement-program-stip Statewide Transportation Improvement Program], the applicant must receive approval from the contractor prior to performing any vegetation work on right of way in this area under the vegetation permit. Information regarding active construction or reconstruction projects should be provided to the applicant in the vegetation permit and attached in TMS.
  
Springfield, MO  65801
+
===236.16.15.1 Vegetation Application Process===
 +
Upon receipt of an [https://www.modot.org/media/19943 Application for Outdoor Advertising Vegetation Permit], the document should be time and date stamped and entered under “Vegetation Permit” with permit status “RECORDED” and permit status reason “RESEARCH”. 
  
Attn: Outdoor Advertising Permit Specialist
+
The application and following supporting documents reviewed for accuracy:
  
 +
* Minimum $1,000 [https://www.modot.org/media/10740 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]]).
  
Counties include: Barry, Barton, Cedar, Christian, Dade, Greene, Jasper, Lawrence, McDonald, Newton, St. Clair, Stone, Taney, and Vernon.
+
* Site drawing of the location of the proposed cutting or trimming.
  
 +
===236.16.15.2 Indemnification===
 +
Applicant agrees to hold harmless the Commission and MoDOT, its officers, employees, agents and assigns; or any person, firm or corporation in privity with Commission and MoDOT 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 shall 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 amounts 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 Section 537.610 R.S. Mo.
 +
 +
Applicant shall inspect the property before vegetation control and evaluate all potential risks, both seen and unseen.  Applicant waives all rights to claims against the Commission, and MoDOT, its officers, employees, agents and assigns; or any person firm or corporation in privity with commission and MoDOT arising due to injuries resulting from the actions of applicant, its agents, officers, employees or assigns under the permit.  Applicant also acknowledges that in the event a highway improvement project occurs during the period of this permit, it must receive prior approval from the contractor to continue utilizing the permit during the period of construction. 
 +
 +
===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. 
  
'''Area 6''': (417) 895-1333
+
===236.16.15.4 Cutting of Vegetation ===
 +
The area specialist or roadside manager will verify the cut area to ensure slope stability and safety concerns.
 +
Access to the vegetation area must be from private property.  At no time are workers allowed to park on the highway, pavement, shoulder or grassy area while performing the work outlined in the permit. All workers within highway right of way shall wear approved ANSI/SEA 108 Performance Class 2 or 3 safety apparel, including safety glasses and safety footwear (refer to [[616.4 Pedestrian and Worker Safety (MUTCD Chapter 6D)#616.4.3 Worker Safety Considerations|EPG 616.4.3 Worker Safety Considerations]] and [https://www.modot.org/sites/default/files/documents/8.5X11allupdated2015%5B1%5D.pdf MoDOT PPE Standards].
  
Missouri Department of Transportation
+
All grass, brush and low lying vegetation may be trimmed no less than six inches (6”) tall to prevent slope erosion. Trees are to be cut to ground level and stumps treated.  Hand trimming shall be performed on slopes greater than 1V:3H (3 to 1).
  
PO Box 868
+
===236.16.15.5 Herbicides===
 +
Only herbicides approved by MoDOT’s authorized representative may be used to trim or remove vegetation (refer to [[821.25 Products|EPG 821.25 Products]]). 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. All trees controlled with herbicides should be cut down and removed within sixty (60) days of treatment.
 +
[[image:127.7.2.jpg|right|550px]]
 +
===236.16.15.6 Endangered Species Act===
 +
Trimming, cutting or removal of trees three inches or greater in diameter, as measured at a point 54 inches above ground, that are considered suitable roosts for Indiana Bats and Northern Long-Eared Bats is prohibited from April 1 through October 31 due to these species being protected under the Endangered Species Act.  Applicants may contact the specialist or submit a habitat assessment of the proposed cut area from a qualified consultant for consideration from April 1 through October 31. If the applicant requests to Trim or Cut Trees Between April 1 and October 31, the Endangered Species Act Checklist for Vegetation Permits must be completed and attached in TMS.  Please refer to the [https://epg.modot.org/index.php/LPA:136.6_Environmental_and_Cultural_Requirements#136.6.4.5_Threatened_and_Endangered_Species_and_Migratory_Birds MoDOT Threatened & Endangered Species Program Guidance videos] for examples of how to assess species impacts. 
  
Springfield, MO 65801
+
===236.16.15.7 Trimming of Trees===
 +
Trees of any size may be trimmed in accordance with the following guidelines under a vegetation permit. 
  
Attn: Outdoor Advertising Permit Specialist
+
* A tree may not have more than one third of its canopy removed in a single pruning operation. Refer to the [https://epg.modot.org/forms/RW/Chapter%2016_Outdoor%20Advertising/Additional%20Information/Tree%20Pruning%20Chart.pdf Tree Pruning Chart]. 
  
 +
* The National Arborist Association Standards should be used as a guideline to ensure trees are being pruned properly and all pruning must be done in accordance with these standards.
  
Counties include: Camden, Dallas, Douglas, Hickory, Howell, Laclede, Ozark, Phelps, Polk, Pulaski, Texas, Webster, and Wright.
+
* 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.
  
'''Area 7''': (573) 472-5235
+
* The final pruning cut should be made along the natural branch collar and not flush with the trunk.
  
Missouri Department of Transportation
+
* Any additional pruning of this magnitude cannot be repeated for three (3) full years on hardwood species. 
  
PO Box 160
+
* 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.
  
Sikeston, MO  63801
+
* Brush over six (6) feet that is approved for removal should be cut first and the stump(s) treated with herbicides.
  
Attn: Outdoor Advertising Permit Specialist
+
===236.16.15.8 Mowing and Brush Hogging===
 +
Applicants are encouraged to avoid mowing and brush hogging from August 15 through October 31 to encourage the proliferation of the pollinator species by allowing the seeds of existing favorable plant species to mature and be viable for the next growing season.
  
 +
===236.16.15.9 Issuing a Vegetation Permit===
 +
If the vegetation application and inspection meet all the requirements as outlined in [https://revisor.mo.gov/main/OneSection.aspx?section=226.585&bid=12050&hl= RSMo Section 226.585], [http://s1.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.085] and [[#236.16.15 Vegetation Removal|EPG 236.16.15 Vegetation Removal]], 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 permit status 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. The application and supporting documentation should be maintained until the vegetation permit is released or voided. If additional instructions are added to the permit, the Vegetation Permit should be attached in TMS. 
  
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.
+
===236.16.15.10 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 permit status 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. 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]]).
  
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.
+
===236.16.15.11 Releasing a Vegetation Permit===
 +
The applicant has three hundred and sixty five (365) 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 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.
  
==236.16.3 Permitting of signs==
+
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 permit status 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]]). 
  
This procedure provides guidance for the permitting process of outdoor advertising structures in accordance with [http://www.moga.mo.gov/STATUTES/C226.HTM 226.500 – 226.600 RSMo].
+
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 permit status 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]]).
  
Outdoor advertising signs located adjacent to controlled routes are required to maintain a permit with the Missouri Department of TransportationNewly erected sign structures must meet the current statutes and regulations prior to issuance of a permit.
+
===236.16.15.12 Illegal Vegetation Removal and Damage to Right of Way===
 +
The applicant will be held responsible for any damage to the right of wayIf 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.
  
Upon receipt of a new [[media:236.16 Outdoor Advertising Permit Application.doc|outdoor advertising permit application]] the following processes will apply:
+
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 [[#236.16.15.9 Issuing a Vegetation Permit|EPG 236.16.15.9 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 [[#236.16.15.11 Releasing a Vegetation Permit|EPG 236.16.15.11 Releasing a Vegetation 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 directionIn general, the time/date stamp or postmark shall dictate the order the applications are accepted for review.
+
For monetary penalties, the information should be forwarded to the outdoor advertising technician to create an invoiceUpon 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 236.16.15.11 Releasing a Vegetation Permit).
  
:*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 [[236.16 Outdoor Advertising#236.16.3.1 Processing Financial Transactions|Processing Financial Transactions]]).
+
==236.16.16 Unauthorized Illegal Outdoor Advertising ==
  
:*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.
+
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 sign status of “ILLEGAL” and the appropriate sign status reason. The permit type should remain as “PSEUDO” with permit status “TEMPORARY” and permit status 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.  
  
:*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.
+
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.
  
:*If incomplete, the application shall be rejected and a letter will be generated in TMS explaining the reason(s) for rejectionThe application and all supporting documentation shall be scanned and attached to the appropriate transaction number in TMSDocumentation 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) yearsSee [[236.16 Outdoor Advertising#236.16.3.7 Processing a Denial of an Outdoor Advertising Permit Application |Processing a Denial]].
+
If a response is not received after thirty (30) days, a field inspection should be completed to confirm sign statusFurther research may be necessary to confirm ownershipIf 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.   
  
The area specialist shall perform the site inspection as outlined in [[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)|Site Inspection]].  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]]).
+
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.
  
===236.16.3.1 Processing Financial Transactions===
+
==236.16.17 Issuing Notice to Remove or Notice to Terminate Outdoor Advertising ==
  
Fees shall be received within each area or at the Central OfficeChecks received in Business and Benefits will be attached to a transmittal form and routed to the outdoor advertising area officeThe 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.
+
This procedure provides guidance for the expeditious removal of illegal outdoor advertisingIllegal 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 226.541Illegal 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 copy of the transmittal shall be retained for two (2) years in the outdoor advertising office.
+
A Request to Issue Notice should be generated and sent to the Outdoor Advertising Manager for review. Upon approval, the sign status should be changed to “ILLEGAL” with the appropriate sign status 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 should 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 attached in TMS and forwarded to the outdoor advertising technician.  
  
===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])===
+
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]].
  
'''Site Inspection'''
+
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 sign status reason.
  
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:
+
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 scheduling the removal of the sign. All costs associated with the sign removal should be billed to the permit owner.
  
:*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 [[media:236.16 Controlled Routes Map.pdf|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 [http://www.moga.mo.gov/statutes/C200-299/2260000540.HTM 226.540 (3)(a)a RSMo]).
+
Upon removal of the sign, the sign status shall be changed to “REMOVAL” with sign status reason changed accordingly; and 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]]).
  
:*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.
+
==236.16.18 Outdoor Advertising Hearings==
  
:*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 [[media:236.16 Qualifying Business Checklist.doc|Qualifying Business Checklist]].
+
This procedure provides guidance for the various hearing processes for outdoor advertising.  
  
:*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 [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]).
+
===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 permit status reason “INFORMAL”.  
  
:*Spacing from ramps: Outside of incorporated municipalities, no sign shall be located within five hundred (500) feet of an interchange or rest area. See [http://www.moga.mo.gov/statutes/C200-299/2260000540.HTM 226.540 (3)b RSMo].
+
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. The area specialist should inform the appropriate District Engineer and Area Engineer of the hearing request.
 +
<div id="The review committee may"></div>
 +
The review committee may be constituted as MoDOT deems appropriate and fair, provided that no review committee members shall have taken part in the original MoDOT permit determination. 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.
  
:*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.
+
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.  
  
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]]).
+
Applicants are allowed the opportunity to present their case.  The area specialist answers questions as directed by the chairThe committee reviews the information presented at the hearing and render a decision within five (5) business days.
  
===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])===
+
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]]).
  
[[Image:236.16.3.3 ODA3.jpg|right|350px]]
+
The letter of decision should be attached in TMS.
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]] 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.
+
===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:
  
Signs with messages that meet the directional criteria require a $200.00 application fee and a $100.00 biennial renewal fee.
+
* Copy of the application for the permit and attachments
  
===236.16.3.4 Non-Profit Tax-Exempt Information Signs===
+
* Copy of the Notice to Remove Outdoor Advertising or Notice to Terminate Nonconforming Outdoor Advertising
  
[[Image:236.16.3.4 ODA2.jpg|right|350px]]
+
* Photos of the sign showing the illegality
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:
+
* Summary report, which may include location, zoning, spacing and business information
:*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===
+
The Outdoor Advertising Manager will forward the request information to the Chief Counsel’s Office upon review.
  
If the application meets all the requirements a permit shall be issued.  The permit status shall be changed to '''ACCEPTED'''.  TMS will automatically generate [[media:236.16 Outdoor Advertising Permit.pdf|a permit]] and [[media:236.16 ODA Permit Cover Letter.pdf|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.
+
====236.16.18.2.1 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.
  
===236.16.3.6 Creating a New File===
+
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.
  
A file and label shall be made which includes the following information:
+
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. 
  
:: '''For Example''':
+
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 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 scheduling the removal of the sign.  All costs associated with the sign removal should be billed to the permit owner.
  
:: '''Permit No'''.: 4722    '''Anniversary Date''': 12/27/1993
+
Upon removal of the sign, the sign status shall be changed to “REMOVAL” with sign status reason changed accordingly; and the permit status should be changed to “VOID” with permit status reason “REMOVAL”  (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
  
:: '''Route''': US 54    '''Log Point''': 129.330    '''County''': Miller
+
====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.
  
Files shall be maintained in each area office in numerical order.
+
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 scheduling the removal of the sign.  All costs associated with the sign removal should be billed to the permit owner.
  
===236.16.3.7 Processing a Denial of an Outdoor Advertising Permit Application===
+
Upon removal of the sign, the sign status shall be changed to “REMOVAL” with sign status reason changed accordingly; and the permit status should be changed to “VOID” with permit status reason “REMOVAL” (see [[#236.16.20 Voiding of Outdoor Advertising Permits|EPG 236.16.20 Voiding of Outdoor Advertising Permits]]).
  
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 [[media:236.16 Rejection Letter for Outdoor Advertising Permit Application.doc|rejection letter]] will generate automatically and a prompt to select the reason(s) for the rejection will appear.
+
====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 and forward the notice to the Outdoor Advertising ManagerUpon review, the Outdoor Advertising Manager should forward the information to the Chief Counsel’s Office.
  
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.
+
==236.16.19 Sign Structures Affected by Highway Projects==
  
A copy of the application and the rejection letter, along with all attachments, shall be kept on file for three (3) years.
+
This procedure provides guidance for the control and removal of outdoor advertising signs acquired 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.
  
The original rejection letter, original application, and all other attachments shall be returned to the applicant.
+
Upon review, the area specialist completes the ODA Profile Report for all off-premises advertising regardless of route.
  
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.
+
===236.16.19.1 Acquisition of Permitted Outdoor Advertising===
 +
For permitted signs, the area specialist should perform a [[#236.16.8.4 Surprise Inspection|surprise inspection]] to verify the sign status.  The ODA Profile Report is generated in TMS and forwarded to the district Right of Way Manager. The report should be attached in TMS.  
  
===236.16.3.8 Processing a Request for an Informal Review Hearing===
+
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; sign agreement reset information; 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. 
  
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 [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 Outdoor Advertising Manager, PO Box 270, Jefferson City, MO 65102.
+
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]]).
  
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.
+
'''Sign Agreement Reset Program'''
  
===236.16.3.9 Informal Hearing Procedures===
+
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, 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.
  
The Outdoor Advertising Central Office will schedule all informal hearingsCentral 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.
+
Right of Way completes the Partial Waiver and Reset Agreement with assistance from the area specialistRight 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, amended permit and supporting documentation, should be attached in TMS.
 +
 +
The area specialist should ensure the following requirements contained in the agreement are satisfied. 
  
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 qualifying sign is removed from the construction limits as prescribed in the agreement.  Information regarding whether 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 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.
+
* 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]]).
  
If the review committee overturns the permit application denial, the applicant shall re-apply with a new application.
+
===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.
  
The Central Office shall enter the decision in TMS. The letter of decision shall be scanned and attached to the appropriate file in TMS.
+
==236.16.20 Voiding of Outdoor Advertising Permits==
  
===236.16.3.10 Complete Inspection===
+
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.
  
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 [[236.16 Outdoor Advertising#236.16.6 Voiding of Permits|Voiding of Permits]]).
+
===236.16.20.1 Voiding Upon Removal of the Sign===
 +
When a sign has been removed, the following procedures should be followed prior to voiding of the permit.
  
After the sign construction is completed, a complete inspection shall be made of the newly erected billboardThe area specialist shall verify the sign was built in accordance with the information given on the application.
+
* The [[#236.16.8.7 Removal Follow-up Inspection|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 removedTwo 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 attached in TMS.
  
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'''.
+
* 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.
  
==236.16.4 Biennial Inspections & Renewals of Permits==
+
* The area specialist should verify outstanding fees associated with the permit under “Receivables” table.  If there are outstanding fees associated with the permit, the area specialist should forward a [[#236.16.24.2 Request for Credit Memo|request for credit memo]] to the technician. 
  
This procedure provides guidance for the biennial sign inspection process and the renewal of permits based on [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].
+
Upon removal of a permitted sign, a permit may be voided without a signed Signature to Void Permit under the following conditions:
  
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 two (2) year anniversary date.
+
* The sign was not built within the two (2) year time-frame and the permit expired.
  
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.
+
::- 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.
  
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.   
+
* A Notice to Remove Outdoor Advertising or Notice to Terminate Nonconforming Outdoor Advertising has been issued and time limit has expired.   
  
Illegal signs that have been discovered since the last inspection shall be documented and entered into TMS. (See [[236.16 Outdoor Advertising#236.16.7 Illegal Signs & Removal Process |Illegal Signs & Removal Process]]).
+
::- 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.
  
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.
+
* The sign was acquired for a project through district right of way.
  
===236.16.4.1 Payment of Biennial Fees===
+
::- 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. 
 +
 +
===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:
  
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.
+
* 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]]).
  
For example:
+
:The permit status should be changed to “VOID” with the reason “RT NO LONGER CONTROLLED” and the Route No Longer Controlled and Notice of Void Permit generated. The letter and notice should be sent to the permit owner.
:*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 actionThe 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.
+
:The FHWA documentation and notice should be attached in TMSInformation regarding the route designation should also be documented in the comments section.
  
Upon receipt of the permit fees, the renewal permit will be prepared and mailed to the sign owner.
+
* The sign has been changed to an on-premises sign and will no longer contain off-premises advertising.
  
===236.16.4.2 Processing Delinquent Biennial Permits===
+
: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.
  
If payment has not been received and the renewal fee is twelve (12) months delinquent a [[media:236.16 Notice to Remove.doc|Notice to Remove]] (NTR), or [[media:236.16 Notice to Terminate.doc|Notice to Terminate]] (NTT), 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]]).
+
==236.16.21 Removal Process==
  
==236.16.5 Transfer of Outdoor Advertising Permits==
+
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 the Outdoor Advertising Manager for further instructions. 
  
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 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]]).
  
A sign owner may transfer ownership of a sign(s) for which a permit is required.  The [[media:236.16 Transfer of Outdoor Advertising Permit Application.doc|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 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”.
  
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).
+
==236.16.22 Monthly Reports==
  
Permits will not be transferred if there are outstanding fees including biennial permit fees or sign removal costs.
+
Monthly reports should be run to ensure outdoor advertising policies are completed as prescribed.
  
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.
+
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:
  
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:
+
* Active Vegetation Permits by Area by Route
 +
* Delinquent Receivables
 +
* Extension Report by Area by County
 +
* Sign Inventory Details by Area by Travelway or Sign Inventory Details by County by Travelway (as necessary)
 +
* Sign Inventory Details for Permits Due by Area by County
 +
* Sign Inventory Details for Signs without GPS or Sign Inventory Details for Signs without GPS by County (as necessary)
 +
* Sign Permits with Digital Upgrade Requests
 +
* Signature to Void Permits by Area
 +
* Transactions without Inspections (end of month)
  
:*The name and address on the check,
+
The following reports should be run by the technician monthly unless otherwise noted:
:*the amount,
 
:*the transmittal number,
 
:*the check number,and
 
:*the reason the money is being refunded.
 
  
==236.16.6 Voiding of Permits==
+
* Sign Inventory Status by Area (1<sup>st</sup>)
  
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].
+
* Cash Receipts
  
When a sign (including its support structure) has been removed, the following procedure shall be followed before the permit is voided:
+
* Customers without FMS Numbers
  
:*Photos of the location where the sign existed before removal shall be taken and attached to TMS.  The [[media:236.16 Release Letter.doc|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.
+
* Delinquent Receivables
  
:*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 [[media:236.16 Void Cover Letter.doc|Void Cover Letter]] and [[media:236.16 Note to Void.doc|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.
+
* Exempt Permits Due by Area by County (for current month)
  
Upon removal of a sign, listed below are instances you may void without the [[media:236.16 Release Letter.doc|Release Letter]]:
+
* Financial Transactions Logged Not Sent to FMS (between 1<sup>st</sup> and 7<sup>th</sup>)
  
:*The permit has expired.
+
* Monthly Financial Activity Report (1<sup>st</sup>)
:*A [[media:236.16 Notice to Remove.doc|Notice to Remove]] (NTR) or [[media:236.16 Notice to Terminate.doc|Notice to Terminate]] (NTT) has been issued and time limits have expired.
 
  
==236.16.7 Illegal Signs & Removal Process==
+
* Paid Renewals with No Permits Issued (for previous month)
  
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].
+
* Sign Inventory Details for Permits Due by Area by County (1<sup>st</sup>)
  
A [[media:236.16 Notice to Remove.doc|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.
+
* Transactions without Inspections (25<sup>th</sup>)
  
Information gathered about the sign shall be entered into TMS.  Photographs shall be attached and an inspection shall be entered.
+
* Permit Activity Report
  
If the illegal sign does not have a permit, the appropriate courtesy letter ([[media:236.16 Courtesy Letter (possibly permitted).doc|"possibly permitted"]] or [[media:236.16 Courtesy Letter (cannot be permitted).doc|"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.
+
==236.16.23 Measuring and Locating Outdoor Advertising by GPS==
  
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.
+
All permitted outdoor advertising should be measured and located by Global Positioning System (GPS) coordinates upon the complete inspection. Keeping safety as a priority, area specialists should work in teams to collect this data as necessary.  
  
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.
+
The area specialist should run the report Sign Inventory Details for Signs without GPS or Sign Inventory Details for Signs without GPS by County to determine permits that have not been measured and located by GPS.
  
A [[media:236.16 Notice to Terminate.doc|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].
+
==236.16.24 Financial Transactions==
  
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.
+
Fees may be received within each area office or in the Central Office; by calling 573-526-4280 between 7:30 a.m. and 5:00 p.m. Monday thru Friday, or online at [https://magic.collectorsolutions.com/magic-ui/Login/modot-financial-services www.modot.org/fspay.htm] (see [https://www.modot.org/media/17615 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 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.
+
The transmittal shall be completed as follows:
  
Upon receipt of a [[media:236.16 Notice to Remove.doc|Notice to Remove]] (NTR) or [[media:236.16 Notice to Terminate.doc|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 [[236.16 Outdoor Advertising#236.16.7.1 Request for an Administrative Review Hearing|Request for an Administrative Review Hearing]]).
+
* Issued To- DE RW ODA
  
===236.16.7.1 Request for an Administrative Review Hearing===
+
* Date Issued- current date
  
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].
+
* Attach check to the transmittal form
  
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 [[media:236.16 Notice of Withdraw (OAN-15).doc|Notice of Withdrawal]] (OAN-15) shall be completed by the area office, and sent to the Chief Counsel’s Office (CCO).
+
* Type of Payment- Outdoor Advertising
  
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 [[media:236.16 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 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.
+
* Total Transmittal Amount- amount of check
  
An attorney from CCO shall contact the area specialist prior to the hearing date to discuss the hearing and to request further documentation.
+
* ODA Area #- ODA area number where junkyard or billboard is located
  
The following items shall be scanned and sent electronically for all hearings:
+
* Invoice #- Used for fees that have been invoiced
  
:*A copy of the application for the permit and attachments, if applicable
+
* Permit #- For vegetation permits, list the original permit / vegetation permit
:*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.
+
* Refundable Deposit- “Yes” for cash performance bonds; all others “No”
  
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.
+
* 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
 +
::- Junkyard renewal license
 +
::- New junkyard license
  
A [[media:236.16 Notice to Sign Owner.doc|Notice to Sign Owner]] and [[media:236.16 Notice to Property Owner.doc|Notice to Property Owner]] shall be sent informing them that MoDOT will be entering the property and removing the sign.
+
* District/Division Contact- Area Specialist
  
===236.16.7.2 Removal Process===
+
* Telephone Number- Area Specialist telephone number
  
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].
+
===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.
  
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.
+
* Customer Name and Address
  
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.
+
* Check No.
  
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 [http://wwwi/intranet/gs/ General Services Procurement section] for further instructions.
+
* Customer No. (Accounting Code)
  
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.
+
* Transmittal No
  
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.
+
* Outdoor Advertising Permit No.
  
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#.
+
* Amount
  
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.
+
* Reason
  
The number of hours of labor and equipment usage by personnel should be documentedThe 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.
+
===236.16.24.2 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 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.
+
* Customer Name
  
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.
+
* Customer No. (Accounting Code)
  
AFTER the billing has cycled, the permit shall be voided in TMS.  The area office shall notify the [http://wwwi/intranet/ct/ 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.
+
* Outdoor Advertising Permit No.
  
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.
+
* Invoice No.
  
==236.16.8 Vegetation Removal==
+
* Line No.
  
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].
+
* Amount
  
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.
+
* Area
  
Upon receipt of an [[media:236.16 Application for Outdoor Advertising Vegetation Permit.doc|Application for Outdoor Advertising Vegetation Permit]], the document shall be time and date stamped and entered in TMS.
+
* Reason
  
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.
+
===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.
  
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 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.
+
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.   
 
The vegetation shall be measured to verify the applicant’s measurements.  Refer to the Vegetation Fee Schedule Chart.   
 
  
<center>
+
* Initial invoice is generated and due in thirty (30) days
{| border="1" cellpadding="5" cellspacing="0" style="background:#CCCCCC; text-align:center"
 
|-style="background:#FFD700"
 
!colspan="3"|'''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
 
|}
 
</center>
 
  
'''Note''': Circumference is measured 4 1/2 feet above ground
+
* If payment is not received within thirty (30) days of the due date, a second invoice is generated.
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 TMSIdentify photo by using “V” permit number date (example V-23492-072103).
+
* If payment is not received within sixty (60) days of the original due date, a third invoice is generated.   
  
The area office may compose a letter to the applicant with the measurements and amount computed for cutting vegetation.  (See sample [[media:236.16 Vegetation Cost Letter.doc|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 [[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.
+
* If payment is not received within ninety (90) days of the original due date, an invoice indicating Final Notice is generated.
  
If the vegetation site inspection is passed, the permit shall be issuedThe cover letter and vegetation permit shall be sent to the permit applicant.
+
* If payment is not received within one hundred eighty (180) days of the original due date, an invoice referring to legal action is generated.   
  
A copy of the vegetation permit shall be sent to the district roadside manager and maintenance supervisor or area engineer.
+
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.
  
If the vegetation site inspection fails, reject vegetation application.  Complete the [[media:236.16 Rejection Letter for Vegetation Permit Application.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.
+
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.
  
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.
+
==236.16.25 File Storage Process ==
  
Copies of vegetation applications and documentation shall be retained for three (3) years in a file marked Permitted Vegetation Applications.
+
All outdoor advertising permit files should be electronically kept in TMS as they are created.  The following documentation should be retained in the file:
  
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.
+
* Original application and supporting documentation
  
==236.16.9 Sign Structures/Junkyards Affected by Highway Projects==
+
* Original permit
  
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].
+
* Transfer application(s) and documentation
  
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.
+
* Transfer permit(s)
  
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:236.16 Outdoor Advertising Profile Report (ADV).doc|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.)
+
* Cutout/extension information
  
The [[media:236.16 Outdoor Advertising Profile Report (ADV).doc|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.
+
* Digital upgrade request
  
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.
+
* Digital upgrade approval
  
When the sign purchase is complete and the area office is notified by return of the [[media:236.16 Outdoor Advertising Profile Report (ADV).doc|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.
+
* Partial Waiver and Reset Agreement
  
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.
+
* ODA Profile Report
  
==236.16.10 Sunshine Law & File Retention==
+
* Vegetation Permit containing additional instructions
  
===236.16.10.1 Sunshine Law (Open Records)===
+
* Threatened & Endangered Species Checklist
  
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.
+
* Correspondence that is not generated in TMS
  
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.
+
* Any other documents crucial to the history of the permit
  
===236.16.10.2 File Storage Process===
+
===236.16.25.1 Photographs===
 +
Digital photos should be taken and attached in TMS. Vegetation photos are uploaded under the original permit number, not the vegetation permit number.
  
All Outdoor Advertising and Junkyard permit files shall be kept in numerical order and the following documentation shall be retained in the file:
+
Photos can be uploaded in TMS under “Media”, “Add” or through the mass media upload process. 
  
:*Original application and attachments,
+
===236.16.25.2 Retention of Records===
:*Original permits,
+
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.
:*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.
+
==236.16.26 Sunshine Law (Open Records Request)==
  
===236.16.10.3 Retention of Records===
+
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 documents on the document list, must be submitted using the  [https://www.modot.org/public-records-policy Public Records Request].  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) 522-2698.
  
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 [[media:236.16 Scanning Procedures.doc|scanning procedures]].
 
  
 
[[category:236 Right of Way|236.16]]
 
[[category:236 Right of Way|236.16]]

Latest revision as of 15:42, 13 November 2023

Forms
E-Newsletter
Brochures
Controlled Routes
Additional Information

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.

236.16 ODA1.jpg

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.

Outdoor Advertising Area Contacts

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 Controlled Routes Map.

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, were 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).

Under the Intermodal Surface Transportation Efficiency Act of 1991, 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. Types of outdoor advertising include Billboard, Directional, Service Club & Religious Notices, Official, Public Service, and Public Utility.

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, except religious, service, veteran and fraternal organizations that meet the billboard criteria, tax-exempt criteria under RSMo Section 226.550(4)4, and are less than 76 square feet shall not require an application fee or biennial renewal fee. Standards for billboard signs are located in RSMo Section 226.540 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, except religious, service, veteran and fraternal organizations that meet the directional criteria, tax-exempt criteria under RSMo Section 226.550(4)4, and are less than 76 square feet shall not require an application fee or biennial renewal fee. 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 Notices

236.16.3.4 ODA2.jpg

Service club and religious notices are signs and notices relating to religious, fraternal, service, and veteran organizations. These signs are issued to the organization and cannot bear an advertising message.

Service club and religious notices shall be limited to 8 square feet, shall not require an application fee or biennial renewal fee, and shall not have to meet spacing or location requirements. Standards for service club and religious notices are located in 7 CSR 10-6.020.

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 and/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 sign status “RECORDED” with sign reason “PENDING”; and appropriate permit type (see EPG 236.16.4 Types of Outdoor Advertising), permit status “RECORDED” with permit status reason “RESEARCH”.
  • 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 permit status 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 USC Title 23, Section 131 (s) and 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. In accordance with RSMo Section 226.801, areas zoned commercial or industrial at the time of designation shall not be considered scenic byways. Billboard type applications in unzoned areas and zoned areas other than commercial or industrial 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 permit status 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.

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 permit status 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. 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) using the report Sign Inventory Details by County by Travelway.

Between the 1st and 6th of each month, area specialists run the report Sign Inventory Details for Permits Due by Area by County to determine which permits are due for inspection. Prior to the end of the month, the area 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 generates 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 generates 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 Sign 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 specialist 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 and/or Maintain Outdoor Advertising, the sign status for the transaction is classified as recorded. Transactions that are accepted remain in recorded sign 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 sign 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 Form, 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:

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.

Spacing:

For a billboard permit, the distance to the nearest off premise billboard 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). 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).

For a directional sign permit, spacing requirements under 7 CSR 10-6.020(7)(D) must be met.

Zoning:

Zoning 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).

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.

Moratorium: The proposed sign location shall be reviewed to determine if it is located within the outdoor advertising control area for sections 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.

Scenic Byway: The proposed location shall be reviewed to determine if it is located adjacent to a Scenic Byway.

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
  • Moratorium: moratorium requirements were met
  • Scenic Byway: scenic byway 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 with a message, 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 Requirement: sign sizing requirements were met
  • Illuminate: sign illumination requirements were met
  • Message: sign message was present
  • Right of way damage: Right of way damage has occurred
  • Image: sign image has been recorded.

If the sign owner affixed a tag number to the sign, this information should be recorded and entered in TMS.

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 have a biennial inspection and 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 Requirement: sign sizing requirements were met
  • Message: sign message was present
  • Condition: sign condition has been recorded
  • Image: sign image has been 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 Requirement: sign size requirements were met
  • Message: sign message was present
  • Condition: sign condition has been recorded
  • Image: sign image has been recorded
  • Right of Way Damage: right of way damage occurred.

236.16.8.5 Vegetation Site Inspection

The area specialist will verify the cut area to ensure slope stability and safety concerns.

If the applicant is requesting to trim, cut or remove trees three inches or greater in diameter, as measured at a point 54 inches above ground from April 1 through October 31, the area specialist shall inspect the cut area for trees that are considered suitable roosts for Indiana Bats and Northern Long-Eared Bats using the Threatened and Endangered Species Checklist.

The proposed cut area shall be reviewed to determine if it is located in a section of highway under the Statewide Transportation Improvement Program.

  • Location: sign vegetation cutting location confirmed
  • Cut Plan: cut plan confirmed
  • Cutting Id: cut identification confirmed
  • Right of Way Damage: right of way damage occurred
  • Image: sign vegetation image has been recorded
  • Active Construction Project: active construction requirements met.

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 Damage: 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 “REMOVAL” 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 Upgrade Inspection

Upon receipt of a digital upgrade request, the area specialist should inspect the sign using the Field Inspection form 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; upload the Field Inspection form; 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 Upgrade 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 upgrade complete inspection upon expiration or when the upgrade is complete. 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
  • Right of Way Damage: right of way damage occurred
  • Image: sign image has been recorded.

236.16.8.10 Digital Annual 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, on the Digital Inspection Form; and verify the following information:

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

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, on the Digital Inspection Form; and verify the following information:

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

236.16.8.12 Hearing Inspection

The area specialist should document the hearing decision and record the following information:

  • Hearing Number: enter the hearing number
  • Commission Decision: document Commission decision
  • Action Taken: document action taken
  • Hearing Status: document hearing status.

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. 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 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 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 ninety (90) 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 sign status of outdoor advertising and sign status reason. The permit type should remain as “PSEUDO” with permit status of “TEMPORARY” and permit 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 and/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 contacting the county assessor’s office, or utilizing the county GIS map, if applicable.

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 shall be considered grandfathered and 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). Upon identification of a grandfathered cutout/extension, the “EXTENSION” trait should be updated to “GRANDFATHER”. Once the grandfathered cutout/extension is removed, the “EXTENSION” trait should be updated to “NO”.

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 does not exceed one thousand two hundred (1,200) square feet and:

  • 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 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 and less than one thousand two hundred (1,200) square feet, the cutout/extension may be installed for the length of a specific display contract and limited to thirty-three (33) percent of the permanent display area.

Temporary cutouts and extensions are allowed on nonconforming outdoor advertising provided the total display area, including the cutout/extension, for each side does not exceed one thousand two hundred (1,200) square feet and:

  • 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.

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. The area specialist should follow-up to ensure the information is received. 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 should be attached in TMS.

Between the 1st and 6th each month, area specialists run the TMS report Extension Report by Area by County to determine temporary cutout/extension dates that that are scheduled to expire. Within thirty (30) days prior to the expiration date, the Cutout Extension Expire should be generated in TMS and sent to the permit owner. A surprise inspection should be performed to verify the temporary cutout/extension has been removed after fifteen days past the expiration date.

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>”.

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.

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 owner should be notified that a digital upgrade request is required under EPG 236.16.12.1.

236.16.12.1 Digital Upgrade Request

Upon receiving a written upgrade request from the permit owner, the trait COS Digital Request should be updated to “YES” and the written upgrade request attached in TMS. For comprehensively zoned sign locations, the request must include a letter from the Zoning Authority stating the zoning classification. For unzoned sign locations, the request must include the name of the qualifying commercial or industrial activity and hours of operation. Failure to provide either a current letter from the Zoning Authority stating the zoning classification; or the name of the qualifying commercial or industrial activity and hours of operation, along with the upgrade request may cause the request to be denied. The area specialist should perform a digital upgrade inspection and enter this information into TMS.

The request will be time and date stamped. If clarification 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 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 COS Digital End Date trait should be 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.

Between the 1st and 6th of each month, area specialists run the report Sign Permits with Digital Upgrade Requests to ensure digital upgrades are completed within the twelve (12) month time-frame. The area specialist should perform a digital upgrade complete inspection upon expiration or when the upgrade is complete and enter this information in TMS.

If the upgrade was completed within the twelve (12) month time-frame, the COS Digital Request trait should be updated to “NO”; the COS Digital End Date should be cleared out; and the technology trait updated to “DIGITAL”.

If the upgrade has not been completed within the twelve (12) month time-frame, the COS Digital Request trait should be 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 should be sent to the permit owner and attached in TMS.

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.

236.16.13 Digital Brightness Inspection Procedures

Area specialists should perform a digital annual 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 Transfers” 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.

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. 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.

If the cut area is located within a section of highway involved in active construction or reconstruction under the Statewide Transportation Improvement Program, the applicant must receive approval from the contractor prior to performing any vegetation work on right of way in this area under the vegetation permit. Information regarding active construction or reconstruction projects should be provided to the applicant in the vegetation permit and attached in TMS.

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 “Vegetation Permit” with permit status “RECORDED” and permit status 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 and MoDOT, its officers, employees, agents and assigns; or any person, firm or corporation in privity with Commission and MoDOT 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 shall 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 amounts 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 Section 537.610 R.S. Mo.

Applicant shall inspect the property before vegetation control and evaluate all potential risks, both seen and unseen. Applicant waives all rights to claims against the Commission, and MoDOT, its officers, employees, agents and assigns; or any person firm or corporation in privity with commission and MoDOT arising due to injuries resulting from the actions of applicant, its agents, officers, employees or assigns under the permit. Applicant also acknowledges that in the event a highway improvement project occurs during the period of this permit, it must receive prior approval from the contractor to continue utilizing the permit during the period of construction.

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 area specialist or roadside manager will verify the cut area to ensure slope stability and safety concerns. Access to the vegetation area must be from private property. At no time are workers allowed to park on the highway, pavement, shoulder or grassy area while performing the work outlined in the permit. All workers within highway right of way shall wear approved ANSI/SEA 108 Performance Class 2 or 3 safety apparel, including safety glasses and safety footwear (refer to EPG 616.4.3 Worker Safety Considerations and MoDOT PPE Standards.

All grass, brush and low lying vegetation may be trimmed no less than six inches (6”) tall to prevent slope erosion. Trees are to be cut to ground level and stumps treated. Hand trimming shall be performed on slopes greater than 1V:3H (3 to 1).

236.16.15.5 Herbicides

Only herbicides approved by MoDOT’s authorized representative may be used to trim or remove vegetation (refer to EPG 821.25 Products). 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. All trees controlled with herbicides should be cut down and removed within sixty (60) days of treatment.

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236.16.15.6 Endangered Species Act

Trimming, cutting or removal of trees three inches or greater in diameter, as measured at a point 54 inches above ground, that are considered suitable roosts for Indiana Bats and Northern Long-Eared Bats is prohibited from April 1 through October 31 due to these species being protected under the Endangered Species Act. Applicants may contact the specialist or submit a habitat assessment of the proposed cut area from a qualified consultant for consideration from April 1 through October 31. If the applicant requests to Trim or Cut Trees Between April 1 and October 31, the Endangered Species Act Checklist for Vegetation Permits must be completed and attached in TMS. Please refer to the MoDOT Threatened & Endangered Species Program Guidance videos for examples of how to assess species impacts.

236.16.15.7 Trimming of Trees

Trees of any size may be trimmed in accordance with the following guidelines under a vegetation permit.

  • 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 ensure 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.

236.16.15.8 Mowing and Brush Hogging

Applicants are encouraged to avoid mowing and brush hogging from August 15 through October 31 to encourage the proliferation of the pollinator species by allowing the seeds of existing favorable plant species to mature and be viable for the next growing season.

236.16.15.9 Issuing a Vegetation Permit

If the vegetation application and inspection meet all the requirements as outlined in RSMo Section 226.585, 7 CSR 10-6.085 and EPG 236.16.15 Vegetation Removal, a vegetation permit should be issued. A vegetation site inspection should be entered and the vegetation permit status shall be changed to “ACCEPTED” with permit status 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. The application and supporting documentation should be maintained until the vegetation permit is released or voided. If additional instructions are added to the permit, the Vegetation Permit should be attached in TMS.

236.16.15.10 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 permit status 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. 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).

236.16.15.11 Releasing a Vegetation Permit

The applicant has three hundred and sixty five (365) days to perform the vegetation removal. Between the 1st and 6th of each month, area specialists run the report 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 permit status 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 permit status reason and a refund of the cash performance bond (if applicable) shall be requested (see EPG 236.16.24.1 Request for Refund).

236.16.15.12 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 236.16.15.9 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 236.16.15.11 Releasing a Vegetation Permit).

For monetary penalties, the information should be forwarded to the outdoor advertising technician to create an invoice. 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 236.16.15.11 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 sign status of “ILLEGAL” and the appropriate sign status reason. The permit type should remain as “PSEUDO” with permit status “TEMPORARY” and permit status 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.

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 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 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 sign status should be changed to “ILLEGAL” with the appropriate sign status 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 should 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 attached in TMS and forwarded to the outdoor advertising technician.

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 sign status 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 scheduling 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 sign status shall be changed to “REMOVAL” with sign status reason changed accordingly; and 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 hearing 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 permit status 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. The area specialist should inform the appropriate District Engineer and Area Engineer of the hearing request.

The review committee may be constituted as MoDOT deems appropriate and fair, provided that no review committee members shall have taken part in the original MoDOT permit determination. 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.

Applicants are allowed the opportunity to present their 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.

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
  • Copy of the Notice to Remove Outdoor Advertising or 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 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 scheduling 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 sign status shall be changed to “REMOVAL” with sign status reason changed accordingly; and the permit status should be changed to “VOID” with permit status 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 scheduling 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 sign status shall be changed to “REMOVAL” with sign status reason changed accordingly; and the permit status should be changed to “VOID” with permit status 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 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 acquired 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 area specialist should perform a surprise inspection to verify the sign status. The ODA Profile Report is generated in TMS and forwarded to the district Right of Way Manager. The report should be attached in TMS.

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; sign agreement reset information; 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.

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, 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, amended permit and supporting documentation, should be attached in TMS.

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 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 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 attached in TMS.
  • 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.
  • The area specialist should verify outstanding fees associated with the permit under “Receivables” table. 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, 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.
  • A Notice to Remove Outdoor Advertising or 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.
  • 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.

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 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. 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.

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 the Outdoor Advertising Manager 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 by Route
  • Delinquent Receivables
  • Extension Report by Area by County
  • Sign Inventory Details by Area by Travelway or Sign Inventory Details by County by Travelway (as necessary)
  • Sign Inventory Details for Permits Due by Area by County
  • Sign Inventory Details for Signs without GPS or Sign Inventory Details for Signs without GPS by County (as necessary)
  • Sign Permits with Digital Upgrade Requests
  • Signature to Void Permits by Area
  • Transactions without Inspections (end of month)

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

  • Sign Inventory Status by Area (1st)
  • Cash Receipts
  • Customers without FMS Numbers
  • Delinquent Receivables
  • 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 upon the complete inspection. Keeping safety as a priority, area specialists should work in teams to collect this data as necessary.

The area specialist should run the report Sign Inventory Details for Signs without GPS or Sign Inventory Details 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; by calling 573-526-4280 between 7:30 a.m. and 5:00 p.m. Monday thru Friday, or online at www.modot.org/fspay.htm (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
- 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 and Address
  • Check No.
  • Customer No. (Accounting Code)
  • 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. (Accounting Code)
  • 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 electronically kept in TMS as they are created. The following documentation should be retained in the file:

  • Original application and supporting documentation
  • Original permit
  • Transfer application(s) and documentation
  • Transfer permit(s)
  • Cutout/extension information
  • Digital upgrade request
  • Digital upgrade approval
  • Partial Waiver and Reset Agreement
  • ODA Profile Report
  • Vegetation Permit containing additional instructions
  • Threatened & Endangered Species Checklist
  • Correspondence that is not generated in TMS
  • Any other documents crucial to the history of the permit

236.16.25.1 Photographs

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

Photos can be uploaded in TMS under “Media”, “Add” or through the mass media upload process.

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 documents on the document list, must be submitted using the Public Records Request. 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) 522-2698.