(a) Permits shall be issued in two (2) classes, as follows:
(1)
- (A) Class A permits are issued for conforming devices and for any alteration thereof which is not customary maintenance.
- (B) Class A permits are granted upon condition that the permitted device will be removed at the owner’s expense should its location either now or at any future date violate any provisions of the Arkansas Highway Beautification Act, Acts 1967, No. 640, of the General Assembly, or rules promulgated pursuant thereto.
- (C) Nothing in this part is intended to require the removal of signs at the owner’s expense for which the Arkansas Highway Beautification Act, provides that just compensation be paid; and
(2)
- (A) Class B permits are issued for the maintenance of existing nonconforming devices until they are required to be removed under the provisions of the Arkansas Highway Beautification Act, Acts 1967, No. 640, § 7.
- (B) Issuance of a permit for an existing nonconforming device shall not be considered to be a determination of the eligibility and entitlement or noneligibility of the device for compensation if the device is later required by law to be removed.
- (b) Devices for which a permit has been issued are subject to customary maintenance or repair as defined herein, but re-erection of a device rendered unfunctional is specifically prohibited on any nonconforming device erected after the effective date of the Arkansas Highway Beautification Act.
- (c) New permits will be issued to re-erect conforming devices rendered unfunctional and to re-erect those nonconforming devices rendered unfunctional which were erected prior to the effective date of the Arkansas Highway Beautification Act, or those in existence along secondary highways added to the primary system.