Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.211 - PERMITS

Current through Register Vol. 13, July 5, 2024
(1) A permit must
				be obtained for each outdoor advertising sign which meets the requirements of
				the Montana Outdoor Advertising Act
				75-15-101, et seq, MCA, and these
				rules.
(2) A check payable to the
				Montana Department of Transportation in the amount of the nonrefundable
				inspection fee and the initial permit fee must accompany the sign permit
				application.
(3) A nonrefundable
				inspection fee shall be assessed for each off-premise outdoor advertising sign
				erected within any area subject to state control by the department.
(4) An initial permit fee shall be assessed
				for each off-premise outdoor advertising sign.
(5) Signs shall be assigned a permit number
				and given a permanent identification plate that must be attached to the
				structure. The permit plate must not be leased to any other party. Permit
				plates remain the property of the department and shall be returned to the
				department upon relinquishment or revocation of the permit or upon request of
				the department.
(6) Permits may be
				renewed every three years on the appropriate January 1 renewal cycle date upon
				payment of a renewal fee.
(7)
				Permits for new signs in conforming areas may be issued only after the proposed
				location and sign site has been checked in regard to spacing, size and lighting
				criteria and approved by the department.
(8) A new sign may not be erected without
				first applying for and receiving a permit. Failure to obtain a permit prior to
				sign erection may result in denial of a pending application.
(9) Ownership of a sign permit must not be
				transferred without the express written consent of the permit holder(s) on a
				form provided by the department, and submitted to the department at least 30
				days prior to the transfer. Failure to timely provide the transfer form may
				result in voiding the transfer, or revocation of the permit. The current permit
				holder(s) must sign the form transferring the permit, and provide written
				permission and signature from the current landowner for the transfer. Permit
				holder or transferee may alternatively submit proof of a permanent property
				right (e.g., easement) for the sign location. Only off-premise commercial
				advertising sign permits may be transferred. Temporary, church and service
				club, directional, cultural, noncommercial, political, and official signs shall
				not be transferred, but may be terminated by permit holder request or
				department action.
(10) Permits may
				be relinquished at the written request of either the permit holder(s) or the
				landowner(s) subject to the department's approval. The document requesting
				relinquishment of a permit must be signed by the current permit holder or the
				landowner(s). If the permit holder(s) are unable or unwilling to sign the
				relinquishment document, the landowner(s) may request revocation of the permit
				by providing the department with a document stating the reason for revocation
				such as termination of the land lease between the permit holder(s) and the
				landowner(s) and indicating whether the landowner(s) has purchased the sign
				structure or if the sign structure will be removed. The landowner(s) must sign
				this document.
(11) Permits may be
				revoked upon a finding of a violation of the provisions of the Outdoor
				Advertising Act or the outdoor advertising administrative rules.
AUTH:
					 75-15-121, MCA; IMP:
					 75-15-122,
					 MCA