PURPOSE: This rule provides a uniform procedure for sign owners to obtain and maintain permits issued by the Missouri Highways and Transportation Commission for outdoor advertising specified by section 226.530, RSMo.

1. (1) Definitions (see 7 CSR 10-6.015).

2. (2) Outdoor Advertising Subject to Permit Requirement.

   1. (A) Permits Required. Sign owners or the owners of the land on which these signs are located, regardless of when the sign was erected, must obtain permits from the commission for the following outdoor advertising erected or maintained within six hundred sixty feet (660') of the nearest edge of the right-of-way and visible from the main-traveled way of any highway which is a part of the interstate or primary system:

      1. 1. Directional and other official signs.

(see sections 226.550.1 and .2 and 226.520(1), RSMo and 7 CSR 10-6.020). Only one (1) permit will be issued for sign structures with multiple displays;

1. 2. Signs located in areas zoned commer-

cial and industrial (see sections 226.550.1 and .2, RSMo and 7 CSR 10-6.040(2)(A));

1. 3. Signs located in unzoned commercial

or industrial areas except on-premises signs (see sections 226.520(4), 226.540(4) and 226.550.1 and .2, RSMo and 7 CSR 10- 6.040(2)(B)). Only one (1) permit will be issued for multiple sign structures as back-toback signs, double-faced signs and V-type signs; and

1. 4. Nonconforming signs wherever locat-

ed except on-premises signs (see sections 226.550.1 and .2, RSMo and 7 CSR 10- 6.060).

1. (B) Multiple Highways. A sign may be visible or erected, or both, with the purpose of its message being read from two (2) or more interstate or primary highways. These signs must comply with the sizing, lighting, spacing, location and permit requirements applicable to each interstate or primary highway. Where there is a conflict between the sizing, lighting, spacing or location requirements of sections 226.500–226.600, RSMo, the most restrictive requirements shall prevail.
2. (C) Size. Size limitations and requirements are listed in section 226.540, RSMo. An addition of a temporary cut-out or extension up to thirty-three percent (33%) of the sign size will be allowed. A copy of the display contract or a letter outlying the beginning and ending dates of the display shall be furnished before the cut-out or extension is added.

1. (3) Outdoor Advertising Not Eligible for Permits. Unlawful signs are not eligible for permits from the commission. Applications and fees for permits from the sign owners or the owners of the land on which these signs 7 CSR 10-6

are located shall be rejected and returned with any fee submitted to the applicant by the right-of-way director or designee.

1. (4) Permit Applications and Fees.

   1. (A) Information. Any person may obtain permit application information, including copies of sections 226.500–226.600, RSMo, 7 CSR 10-6.010–7 CSR 10-6.100, application forms, maps of the interstate and primary highway systems, and area maps showing the location of area offices and the counties within each area, in person, or by writing or telephoning the right-of-way director or designee at any area office. It is most efficient to contact the area permit specialist for the county in which the outdoor advertising is located (see 7 CSR 10-6.010 for a list of the counties and how to obtain information and materials).

   2. (B) Filing of Permit Applications and Permit Fees. Sign owners or owners of the land on which outdoor advertising is located must apply for permits from the commission for outdoor advertising specified by section 226.550, RSMo (see 7 CSR 10-6.070(2)). Permit applications must be:

      1. 1. Timely submitted. For new outdoor

advertising to be erected, the application for permit and the permit application fee of two hundred dollars ($200) shall be submitted before erecting or starting construction of any sign requiring a permit from the commission. The area permit specialist will perform a field inspection of the proposed location to determine whether or not the site complies with the requirements of sections 226.500– 226.600, RSMo. For all nonconforming outdoor advertising requiring a permit from the commission and for any other existing outdoor advertising lawfully erected, but for failure to obtain a permit prior to its erection from the commission, the application for permit must be submitted to and received by the right-of-way director or designee within thirty (30) days of receipt by the applicant of a notice to remove outdoor advertising under section 226.580, RSMo from the commission specifying the failure to obtain or maintain a permit for a sign for which a permit and biennial inspection is required by section 226.550, RSMo. Failure of the applicant to timely submit an application for permit shall be cause for the right-of-way director or designee to reject and return the application for permit;

1. 2. Submitted to the right-of-way director

or designee for the county in which the outdoor advertising is located (see 7 CSR 10- 6.010), along with the required permit application fee;

1. 3. Submitted upon forms supplied by the

department. These forms will be supplied by the right-of-way director or designee upon request. The applicant shall provide a completed application with a copy of a lease or a letter from the property owner granting permission to erect or maintain a sign on his/her property; a sketch of the proposed location and, if zoned, a letter outlining the zoning classification from the zoning authority; and copies of all local business licenses for the qualifying business. Incomplete or incorrectly completed permit application forms shall be rejected and returned by the right-of-way director or designee to the applicant; and

1. 4. Biennial inspection fees due after

August 28, 2002, and prior to August 28, 2003, shall be fifty dollars ($50). Biennial inspection fees due on or after August 28, 2003, and prior to August 28, 2004, shall be seventy-five dollars ($75). Biennial inspection fees due on or after August 28, 2004, shall be one hundred dollars ($100). Religious organizations, service organizations, veteran organizations, and fraternal organizations, as defined in section 313.005, RSMo, upon submission of a copy of their certification of Internal Revenue Service tax exempt status, may be granted a fee exempt permit provided the display area of the sign is less than seventy-six (76) square feet.

1. A. Failure to submit the correct

amount of fee by check, draft or money order payable to “Director of Revenue—Credit State Road Fund” shall be cause for the rightof-way director or designee to reject and return the application for permit. If assistance is needed in calculating the correct permit fee, contact the right-of-way director or designee for the county in which the sign is located before filing the application (see 7 CSR 10-6.010).

1. B. Documentation and assistance

required upon request. Any applicant must submit to the right-of-way director or designee upon written request, written information or documentation, as specified in the request, sufficient for the right-of-way director or designee to determine whether or not a permit should be issued under section 226.550, RSMo. Also, any applicant may be asked to assist the right-of-way director or designee in locating the sign location described in an application for permit. Refusal or failure of an applicant to comply with a request for information, documentation or assistance shall be grounds for the right-of-way director or designee to reject and return the application for permit.

1. C. Misrepresentation of fact. Any

misrepresentation of material fact by an applicant on any application for permit shall be grounds for the right-of-way director or designee to reject and return the application for permit.

1. D. All fees must be paid. No permit

shall be granted to any applicant who is delinquent in the payment of any outdoor advertising fees to the commission, including any removal costs or biennial inspection fees associated with any sign.

1. (5) Informal Hearing on Denial of Permit.

   1. (A) Request for Informal Hearing. If denied a permit, the applicant may have twenty (20) working days to request an informal hearing by the Outdoor Advertising Permit Review Committee for the purpose of appealing the denial. The applicant shall submit its request for an informal hearing to the Outdoor Advertising Manager, Missouri Department of Transportation, PO Box 270, Jefferson City, MO 65102.
   2. (B) Procedure. If the applicant requests an informal hearing, the outdoor advertising manager shall advise the applicant of the time, date and place. This is not a contested case under Chapter 536, RSMo. The rules of evidence shall not apply at the hearing.

2. (6) Permits.

   1. (A) Issuance of the Permit. Upon proper application and payment of fee for any sign eligible for a permit, the outdoor advertising permit specialist shall issue a permit. The permit owner must erect the sign, if not already in existence within two (2) years of the date the permit was issued by the commission and the erected outdoor advertising structure must comply with all current sections of 226.500 through 226.600, RSMo, and 7 CSR 10-6.010 through 7 CSR 10- 6.100. This permit is for the erection of a legal conforming outdoor advertising structure.
   2. (B) Transfer of Permit. When a sign owner transfers ownership of a sign for which a permit is required by section 226.550, RSMo, the new sign owner shall notify the commission by filing an application for transfer, along with a ten dollar ($10) fee on a form supplied by the outdoor advertising permit specialist for the area in which the sign is located (see 7 CSR 10-6.010). Applications must be completed in full. Incomplete or incorrectly completed application forms may be rejected or returned by the outdoor advertising permit specialist to the applicant.

   3. (C) Voiding of Permits Without Compensation. Permits may be voided without compensation to be paid to the permit holder under the following conditions:

      1. 1. When there has been any misrepre-

sentation of a material fact by the applicant Transportation Commission

on a permit application and the sign is removed under section 226.580, RSMo;

1. 2. The permit for any unbuilt structure

shall be voided if the sign, complete with message, is not in existence within two (2) years of the date the permit was issued by the commission;

1. 3. When the commission determines

that a change has been made to a conforming sign by the sign owner and the sign has been removed under section 226.580, RSMo; or

1. 4. When the commission determines

that a substantial change has been made to a nonconforming sign by the sign owner such that the sign’s nonconforming status was terminated and the sign was removed under the commission’s administrative rules for maintenance of nonconforming signs.

1. (D) Voiding of Permits With Compensation. The commission is also authorized to void any permit when the commission determines that such permit has been erroneously issued by department staff in violation of any state law or administrative rule and the outdoor advertising shall be subject to removal and compensation shall be paid pursuant to section 226.570, RSMo.

1. (7) Biennial Inspection Fee. A biennial inspection fee shall be collected every two (2) years as set forth in section 226.540, RSMo. The biennial inspection fee must be received by the due date on the statement issued from the Missouri Department of Transportation and will be considered delinquent if not paid within sixty (60) days after the due date on the statement. Fees received from any sign owner that owes delinquent fees to the department will be credited to the past due accounts before applying the remainder, if any, toward issuance of a new permit for: outdoor advertising, vegetation cutting and trimming, or transfer of ownership of an outdoor advertising permit.
2. (8) Relocation. Relocation of any sign for any reason whatsoever is a new erection as of the date the relocation is completed and these signs must then comply with the then effective sizing, lighting, spacing, location and permit requirements of sections 226.500– 226.600, RSMo. Relocation of any sign voids any permit issued by the commission for that sign and the fee shall be retained by the commission. The right-of-way director or designee shall issue a notice to remove outdoor advertising under section 226.580, RSMo. A new application for permit must be filed with the right-of-way director or designee and the sign can only be relocated in compliance with the sizing, lighting, spacing and location requirements of sections 226.500–226.600, RSMo.

AUTHORITY: sections 226.150 and 226.530, RSMo 2000.* Original rule filed May 16, 1977, effective Oct. 15, 1977. Amended: Filed Jan. 16, 1990, effective June 11, 1990. Amended: Filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended: Filed April 15, 2003, effective Nov. 30, 2003. Amended: Filed Feb. 8, 2007, effective Aug. 30, 2007. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.530, RSMo 1965, amended 1972, 1995.