Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 5 - Highway Advertising Control › Section 730:35-5-6 - Permits for outdoor advertising signs, displays, and devices

Current through Vol. 41, No. 20, July 1, 2024
(a) All signs,
				except for signs considered exempt, (see
				730:35-5-14 )
				that are adjacent to or located within six hundred sixty (660) feet of the
				right-of-way, and visible from the mail traveled way of an Interstate or
				Federal-aid Primary highway in the state, are required to be registered and
				permitted by the Department.
(b)
				Application forms to register and permit sign locations are provided by the
				Department, prior to the construction or relocation of any sign. The
				application form is to be filled out in its entirety, notarized and submitted
				to the Department, along with the application fee ($100.00), two (2)
				photographs of the proposed site location and a copy of the current lease
				agreement with landowner of the site location. Upon receipt of all required
				data, the Department will then process the application as expeditiously as
				possible. The applicant shall be notified of the Department's decision on the
				application and the reasons therefore, if denied, within sixty (60) days of
				receipt of the completed application. If approved, the sign location is
				assigned a registration number and issued a registration certificate (title),
				permit, and tag.
(c) Permits for
				new signs shall be renewed every two (2) years from the date of issuance
				thereof, and permit renewal invoice shall be accompanied by a twenty dollar
				($20.00) fee. The Department may require additional documentation to accompany
				any renewal(s) if deemed necessary.
(d) Failure to renew a permit when required
				shall cause the non-permitted outdoor advertising device to be in violation of
				these regulations and subject to removal according to law.
(e) The holder of a permit shall, during the
				term thereof, have the right to change the advertising copy, ornamentation, or
				trim on the outdoor advertising structure or device for which it was issued
				without payment of any additional fee.
(f) Educational, veterans, religious,
				charitable, governmental or civic organizations, not operated for profit, shall
				obtain a permit in accordance with the provisions of this Subchapter for each
				outdoor advertising sign, display, or device having more than eight (8) square
				feet in area maintained or erected; provided, however, that no permit renewal
				fee shall be charged.
(g)
				Submission of false information in an application or in support of an
				application shall be sufficient grounds to deny or cancel the permit, renewal,
				or transfer.
(h) Upon failure of
				the permit holder to make lease payments or other agreed upon compensation to
				the land owner, or when the lease for the use of the land is canceled for any
				other lawful reason, the Department shall, upon submission of a sworn affidavit
				and such other proper documentation as may be necessary, revoke the outdoor
				advertising permit. In the event that the lessee presents a sworn affidavit or
				other proper documentation that the lease remains valid, the Department shall
				accept no new applications, issue further permits or renew existing permits on
				the property until the lease expires or its validity is determined in a court
				of competent jurisdiction. Priority shall be to the existing permit
				holder.
(i) In the event that the
				Outdoor Advertising Control Branch determines that the permit should not be
				issued, renewed, or transferred, the applicant shall be so notified in writing.
				The letter shall state specifically the grounds upon which the requested action
				is to be denied.
(j) If a sign
				structure has not been completed within one hundred eighty (180) days of the
				issuance of the permit, a permanent marker shall be erected to allow for
				placement of the registration tag.
Amended at 10 Ok Reg
				  4695, eff 10-11-93; Amended at 11 Ok Reg 4697, eff 8-16-94 (emergency); Amended
				  at 12 Ok Reg 1287, eff 5-11-95; Amended at 17 Ok Reg 1384, eff 5-11-00; Amended
				  at 26 Ok Reg 1703, eff 7-1-09