§ 226.550 — Permits, fees for, exemption — permits to be issued for existing signs, exceptions — biennial inspection fees, collection, deposit, exceptions — permit to erect sign lapses, when.

Missouri § 226.550

• Jurisdiction: Missouri
• Title XIV: ROADS AND WATERWAYS
• Ch. 226: Department of Transportation

Text

1.  No outdoor advertising which is regulated by subdivision (1), (3) or (4) of section 226.520 or subsection 1 of section 226.527 shall be erected or maintained on or after August 28, 1992, without a one-time permanent permit issued by the state highways and transportation commission.  Application for permits shall be made to the state highways and transportation commission on forms furnished by the commission and shall be accompanied by a permit fee of two hundred dollars for all signs; except that, tax-exempt religious organizations as defined in subdivision (11) of section 313.005 , service organizations as defined in subdivision (12) of section 313.005 , veterans' organizations as defined in subdivision (14) of section 313.005 , and fraternal organizations as defined in subdivision (8) of section 313.005 shall be granted a permit for signs less than seventy-six square feet without payment of the fee.  In the event a permit holder fails to erect a sign structure within twenty-four months of issuance, said permit shall expire and a new permit must be obtained prior to any construction.

2.  No outdoor advertising which is regulated by subdivision (1), (3) or (4) of section 226.520 or subsection 1 of section 226.527 which was erected prior to August 28, 1992, shall be maintained without a one-time permanent permit for outdoor advertising issued by the state highways and transportation commission.  If a one-time permanent permit was issued by the state highways and transportation commission after March 30, 1972, and before August 28, 1992, it is not necessary for a new permit to be issued.  If a one-time permanent permit was not issued for a lawfully erected and lawfully existing sign by the state highways and transportation commission after March 30, 1972, and before August 28, 1992, a one-time permanent permit shall be issued by the commission for each sign which is lawfully in existence on the day prior to August 28, 1992, upon application and payment of a permit fee of two hundred dollars.  All applications and fees due pursuant to this subsection shall be submitted before December 31, 1992.

3.  For purposes of sections 226.500 to 226.600 , the terminology "structure lawfully in existence" or "lawfully existing" sign or outdoor advertising shall, nevertheless, include the following signs unless the signs violate the provisions of subdivisions (3) to (7) of subsection 1 of section 226.580 :

(1)  All signs erected prior to January 1, 1968;

(2)  All signs erected before March 30, 1972, but on or after January 1, 1968, which would otherwise be lawful but for the failure to have a permit for such signs prior to March 30, 1972, except that any sign or structure which was not in compliance with sizing, spacing, lighting, or location requirements of sections 226.500 to 226.600 as the sections appeared in the revised statutes of Missouri 1969, wheresoever located, shall not be considered a lawfully existing sign or structure;

(3)  All signs erected after March 30, 1972, which are in conformity with sections 226.500 to 226.600 ;

(4)  All signs erected in compliance with sections 226.500 to 226.600 prior to August 28, 2002.

4.  On or after August 28, 1992, the state highways and transportation commission may, in addition to the fees authorized by subsections 1 and 2 of this section, collect a biennial inspection fee every two years after a state permit has been issued.  Biennial inspection fees due after August 28, 2002, and prior to August 28, 2003, shall be fifty dollars.  Biennial inspection fees due on or after August 28, 2003, shall be seventy-five dollars.  Biennial inspection fees due on or after August 28, 2004, shall be one hundred dollars; except that, tax-exempt religious organizations as defined in subdivision (11) of section 313.005 , service organizations as defined in subdivision (12) of section 313.005 , veterans' organizations as defined in subdivision (14) of section 313.005 , and fraternal organizations as defined in subdivision (8) of section 313.005 shall not be required to pay such fee.

5.  In order to effect the more efficient collection of biennial inspection fees, the state highways and transportation commission is encouraged to adopt a renewal system in which all permits in a particular county are renewed in the same month.  In conjunction with the conversion to this renewal system, the state highways and transportation commission is specifically authorized to prorate renewal fees based on changes in renewal dates.

6.  Sign owners or owners of the land on which signs are located must apply to the state highways and transportation commission for biennial inspection and submit any fees as required by this section on or before December 31, 1992.  For a permitted sign which does not have a permit, a permit shall be issued at the time of the next biennial inspection.

7.  The state highways and transportation commission shall deposit all fees received for outdoor advertising permits and inspection fees in the state road fund, keeping a separate record of such fees, and the same may be expended by the commission in the administration of sections 226.500 to 226.600 .

Legislative History

(L. 1965 2d Ex. Sess. p. 900 § 6, A.L. 1972 S.B. 382, A.L. 1992 S.B. 652, A.L. 1996 H.B. 937, A.L. 1999 S.B. 61, A.L. 2002 H.B. 1196 merged with H.B. 1508) (1977) Held, signs not conforming to size, spacing, lighting, etc.  are subject to removal without compensation but hearing must be provided.  National Advertising Co. v. State Highway Commission (A.), 549 S.W.2d 536.