Wisconsin Administrative Code › Department of Transportation › Chapter Trans 201 - Control of Outdoor Advertising Along and Visible From Highways On The Interstate And Federal-Aid Primary Systems › Section Trans 201.10 - Removal of nonconforming signs

Current through June 24, 2024
(1) Nonconforming
			 signs, as defined by s.
			 84.30(5),
			 Stats., shall be eliminated in accordance with s.
			 84.30,
			 Stats., and these rules. Compensation for removal of a nonconforming sign shall
			 be paid in accordance with s.
			 84.30(6) to
			 (8), Stats., provided the sign has complied
			 with the conditions in sub. (2).
(2) In order to lawfully maintain and
			 continue a nonconforming sign, or a grandfathered sign under s.
			 84.30(3)
			 (d), Stats., the following conditions apply:
(a) The sign must have been actually in
			 existence at the time the applicable state law became effective, except where a
			 permit for the construction of a sign was granted by the state prior to the
			 effective date of the state law and the sign owner acted in good faith and
			 expended sums in reliance thereon. This exception shall not apply in instances
			 where large numbers of permits were applied for and issued to a single sign
			 owner, obviously in anticipation of the passage of a state control
			 law.
(b) There must be existing
			 property rights in the sign affected by the state law.
(c) The sign may be sold, leased, or
			 otherwise transferred without affecting its status, but its location may not be
			 changed. A nonconforming sign removed as a result of a right-of-way taking or
			 for any other reason may be relocated to a conforming area but cannot be
			 re-established at a new location as a nonconforming use.
(d) The sign must have been lawful on the
			 effective date of the state law and must continue to be lawfully
			 maintained.
(e) The sign must
			 remain substantially the same as it was on the effective date of the state law,
			 and may not be enlarged. Reasonable repair and maintenance of the sign,
			 including a change of advertising message, is not a change which would
			 terminate nonconforming rights. Customary maintenance ceases and a substantial
			 change occurs if repairs or maintenance, excluding message changes, on a sign
			 exceeds 50% of the replacement costs of the sign.
(f) The sign may continue as long as it is
			 not destroyed, abandoned or discontinued. A sign shall be considered destroyed
			 if it is damaged in excess of 50% of its replacement cost. Any sign destroyed
			 by criminal or tortious acts may be replaced upon a showing by the sign owner
			 that the sign was so destroyed and upon written approval from the region
			 office. Applications for replacement signs shall be submitted to the region
			 office. If the region office fails to send notice of its decision within 10
			 days after it receives an application, the sign owner may assume that
			 replacement has been approved. As an alternative to replacement, the region
			 office and sign owner may negotiate for the acquisition of the sign which was
			 so destroyed. Approvals of replacements shall contain such terms and conditions
			 as are necessary to ensure that the replacement sign is essentially the same as
			 the sign destroyed. A sign is abandoned or discontinued if for a period of 12
			 months or longer it is composed of obsolete advertising matter or is without
			 advertising matter or is in need of substantial repair, provided that any
			 period of involuntary discontinuance which occurs during the period a highway
			 is closed shall not be considered. A sign is abandoned if the name of the owner
			 does not appear thereon and if the name and address of the current owner are
			 not readily ascertainable from records on file with the department.