North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-02 - Placement and Maintenance of Signs › Section 37-05-02-05 - Nonconforming signs - Maintenance, repair, alteration, abandonment

Current through Supplement No. 393, July, 2024
For purposes of this article a nonconforming sign is one which was lawfully erected, but which does not comply with the provisions of state or federal laws or rules passed at a later date or which later failed to comply with the law or rules due to changed conditions. Illegally erected or maintained signs are not nonconforming signs.
1. Nonconforming grandfathered signs permitted to remain in place pursuant to the January 19, 1972, agreement between the director and the United States secretary of transportation and pursuant to  23 CFR 750.707, may remain in a commercial or industrial area for their normal life, subject to reasonable maintenance and repair. Any nonconforming grandfathered sign improperly repaired or enlarged with better materials or otherwise maintained in violation of this section is unlawful and must be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.
2. Change of advertising copy is part of reasonable maintenance and repair, but the change of copy may not increase or expand the size of the original nonconforming use.
3. Change of facing or sign display area is part of reasonable maintenance and repair, but the change of facing and sign display area may not increase or expand the size of the original nonconforming use.
4. No nonconforming sign may be substantially altered in any manner which expands or increases the size of the sign in excess of the original nonconforming use.
5. A change may not be made in the number of, type of, or material used for the support of a nonconforming sign, nor in any of its structural members or foundations, in excess of or improving upon the original nonconforming use.
6. Any nonconforming sign destroyed by the elements, taken in condemnation, or abandoned by any previous owner is an abandoned sign and may not be reconstructed. If the nonconforming sign is only damaged to an extent not greater than fifty percent of the replacement cost of the sign, then it may be repaired to its preexisting size, shape, and type and quality of materials. Replacement cost will be determined by the director's sign cost schedule approved and effective on the date the sign was damaged.
7. A nonconforming sign toppled or blown over by wind or by vandalism may be reerected within one year. Any nonconforming sign not so reerected is abandoned and unlawful, may not be reerected, and must be removed pursuant to the order of the director pursuant to North Dakota Century Code section 24-17-11.
8. A nonconforming sign that has not displayed advertising copy or display for one year or more is an abandoned sign, is unlawful advertising, and must be removed upon the order of the director under North Dakota Century Code section 24-17-11, unless the owner can establish to the satisfaction of the director that the cessation of use was beyond the owner's control because it was caused by an act of God. The definition of blank sign in section 37-05-02-04 applies to this subsection for determining lack of advertising copy or display.
9. A sign may not be erected or reconstructed upon the site of an abandoned nonconforming sign, so long as the site continues to be in a nonconforming area.
10. Unless abandoned under this article, a nonconforming sign damaged or destroyed by vandalism or other criminal or tortious act may be reerected in kind, only at its preexisting size and shape, and only with the same type and quality of materials. The burden is on the sign owner to prove to the satisfaction of the director that a nonconforming sign has been destroyed by vandals or by other criminal or tortious or unlawful action, rather than by the elements or by lawful action.
11. The requirements of this section apply to any nonconforming sign in existence, whether it became nonconforming before or after the effective date of this section.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09