An Act To Allow a Waiver for On-premise Signs
Maine Legislature, Session 125, LD 0520
Committee Amendment CA_A_H201 (House)
Amends: 23 MRSA §1914

COMMITTEE AMENDMENT "A" to H.P. 403, L.D. 520, Bill, "An Act To Allow 
a Waiver for On-premise Signs" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Allow a Waiver for On-premises Signs' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 23 MRS A §1903, sub-§8, as repealed and replaced by PL 1981, c. 318, 
§ 1, is amended to read: 
8. On-premises sign. "On premise On-premises sign" means a sign whi€h that is 
erected and maintained according to the standards set forth in section 1914 upon the same 
real property that upon which the business, facility or point of interest advertised by the 
sign is located or an approach sign as permitted by section 1914, subsection 10. The &igns 
shall only sign may advertise only the business, facility or point of interest eondueted 
thereon ~ or the sale, rent or lease of,. the property upon which it is located. 
Sec. 2. 23 MRSA §1914, sub-§4, as repealed and replaced by PL 1981, c. 318, 
§4, is amended to read: 
4. Location, relation to public way. :No on premise On-premises signs may be 
permitted are prohibited: 
A. Within 33 feet of the center line of any public way if the highway is less than 66 
feet in width; 
B. Within Except as provided in subsection 4-A, within 20 feet from the outside edge 
of the paved portion of any public way with more than 2 travel lanes and a total 
paved portion in excess of 24 feet in width; Sf and 
C. Within the full width of the right-of-way of any public way. 
Paragraphs A and B shall do not apply to signs erected before September 1, 1957. 
COMMITTEE AMENDMENT 
~t~ 
COMMITTEE AMENDMENT "A" to H.P. 403, L.D. 520 
Sec. 3. 23 MRSA §1914, sub-§4-A is enacted to read: 
4-A. 
Waiver. 
The commissioner may grant a person a written waiver of the 
prohibition under subsection 4, paragraph B for an on-premises sign when the owner of 
property on which the on-premises sign is to be located assumes all costs for removal and 
installation of the on-premises sign and provides a written statement of this fact to the 
registry of deeds for the county where the on-premises sign is to be located if: 
A. The majority of on-premises signs on either edge of the public way within 1,000 
feet of the location of the proposed on-premises sign are located within 20 feet from 
the outside edge of the paved portion of the public way; or 
B. The proposed on-premises sign replaces an existing on-premises sign at the same 
location within 20 feet from the outside edge of the paved portion of the public way. 
If an on-premises sign is granted a waiver under this subsection, the owner of the on-
premises sign does not gain any permanent property rights relating to the right-of-way of 
the public way by installing the on-premises sign within the right-of-way of the public 
way. The department is not responsible for loss or damage to an on-premises sign under 
this subsection from the use of the right-of-way of the public way for highway purposes. 
An on-premises sign under this subsection may be removed by the department at any time 
without compensation to the owner of the on-premises sign and at the owner's expense to 
accommodate highway uses. 
The commissioner may adopt rules necessary for the implementation of this subsection. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 4. Maine Revised Statutes amended; revision clause. Wherever in the 
Maine Revised Statutes, Title 23, chapter 21 the term "on-premise" appears, it is amended 
to read "on-premises," and the Revisor of Statutes shall implement this revision when 
updating, publishing or repUblishing the statutes.' 
SUMMARY 
This amendment adds to the provisions set out in the bill that permit a waiver for on-
premises signs. The amendment provides that if an on-premises sign is granted a waiver, 
the owner of the on-premises sign does not gain any permanent property rights by 
installing the on-premises sign within the right-of-way of the public way. 
The 
amendment also provides that the Department of Transportation is not responsible for 
loss or damage to an on-premises sign granted a waiver from the use of the right-of-way 
of the public way for highway purposes. 
The amendment also provides that an 
on-premises sign granted a waiver may be removed at any time by the department 
without compensation to the owner of the on-premises sign and at the owner's expense to 
accommodate highway uses. The amendment gives the Commissioner of Transportation 
the authority to adopt rules to implement the law pertaining to granting a waiver for on-
premises signs. The amendment also changes the definition of "on-premise sign" to 
define instead "on-premises sign" and makes other grammatical corrections. It directs the 
Revisor of Statutes to apply the correct term in the relevant chapter oflaw. 
FISCAl. NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/24111 
:;:t1Hac:.. 
LD520 
LR 106(02) 
An Act To Allow a Waiver for On-premise Signs 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Highway Fund 
Additional costs to the Department of Transportation associated with reviewing and granting waivers for on-premises 
signs and rulemaking can be absorbed with existing staff and within existing budgeted resources. 
LR0106(02) - Fiscal Note - Page 1 of 1