PURPOSE: This rule provides criteria for the removal of unlawful signs and signs not lawfully existing without compensation by the State Highway Commission under sections 226.550 and 226.580, RSMo.

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

2. (2) Removal of Unlawful Signs. The right-ofway director or designee shall serve a notice to remove outdoor advertising under section 226.580.3., RSMo for the following signs which are unlawful because they have been determined by the outdoor advertising manager to be:

   1. (A) Signs erected after March 30, 1972, contrary to the provisions of sections 226.500–226.600, RSMo, that is all signs erected, relocated or reconstructed after March 30, 1972, in violation of the then effective sizing, lighting, spacing and location requirements of sections 226.500– 226.600, RSMo. Relocation of any sign or repair of any deteriorated or damaged nonconforming sign for any reason, is a new erection as of the date the relocation or reconstruction 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 or they shall then be subject to removal without compensation by the commission under section 226.580.1(1), RSMo;
   2. (B) Signs for which a permit is not obtained as prescribed in sections 226.500–226.600, RSMo (see 7 CSR 10- 6.070);
   3. (C) Signs for which biennial inspection fees are past due for a period of twelve (12) months or more (see section 226.580.1(2), RSMo);
   4. (D) Signs which are obsolete, that is signs that for a continuous period of one (1) year or longer have advertised services or products no longer available to the traveling public because the services or products have been discontinued or cannot be obtained at the destination or by the directions indicated on the signs. A legal conforming sign shall not be considered obsolete solely because it does not carry an advertising message for a period of less than one (1) year;
   5. (E) Signs that are not in good repair, that is signs with poles, frames, braces, panels or facings which are broken or damaged or not securely affixed to a substantial structure or which are faded, blistered, cracked, peeled, chipped, or torn to the extent the total message is not discernable by a motorist of normal visual acuity traveling at the maximum speed limit posted on the main traveled way of the adjacent interstate or primary highway. A motorist of normal visual acuity means any person licensed by Missouri to operate a motor vehicle upon the highways of this state;
   6. (F) Signs which attempt or appear to attempt to regulate, warn or direct the movement of traffic or which interfere with, imitate or resemble any official traffic sign, signal or device. These signs include, but are not limited to, signs which display flashing amber or red lights, stop signs or yield signs or highway designation markers, such as an interstate shield;
   7. (G) Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features, except landmark signs under section 226.545, RSMo;
   8. (H) Signs erected after August 13, 1976, beyond six hundred and sixty feet (660') of the right-of-way outside of urban areas, visible from the main-traveled way of the interstate or primary system and erected with the purpose of their message being read from the traveled way, except directional and official signs under section 226.520(1), RSMo and on-premises signs under section 226.520(2), RSMo; and
   9. (I) Signs erected before March 30, 1972 but on or after January 1, 1968 contrary to sections 226.500–226.600, RSMo.
3. (3) Removal of Nonconforming Signs. The right-of-way director or designee shall issue a notice to terminate a nonconforming sign pursuant to 7 CSR 10-6.060(3)(G).
4. (4) Authority to Withdraw Notices. The chief engineer is authorized to withdraw any notice to remove outdoor advertising issued by the right-of-way director or designee under section 226.580, RSMo or any notice to terminate a nonconforming sign issued by the right-of-way director or designee under 7 CSR 10-6.060(3)(G) for any one (1) of the following reasons: where the notice to remove was improperly issued by the rightof-way director or designee because of a mistake of law or fact, where the sign has been removed or the basis of unlawfulness has been corrected or has ceased to exist, or where it is finally adjudicated that the notice to remove was not authorized by sections 226.500–226.600, RSMo. If a timely request for administrative review of notice to remove outdoor advertising or a notice to terminate nonconforming sign has been made, the right-of-way director or designee shall advise the hearing examiner of any withdrawal of a notice to remove outdoor advertising or a notice to terminate nonconforming sign.
5. (5) Structures Which Have Never Displayed an Advertising Message. Structures, including poles, which have never displayed advertising or informative content are subject to control and removal when advertising content visible from the main-traveled way is added or affixed.
6. (6) Remedial Action. Any notice to remove outdoor advertising which is issued by the right-of-way director or designee shall specify any available remedial action to correct the violation. The notice to remove outdoor advertising shall also establish the length of time which is available to take the remedial action. Any length of time specified for taking remedial action shall not lengthen the time available for requesting an administrative hearing. The remedial action which is specified in the notice to remove outdoor advertising may include the removal of the violating sign.
7. (7) Status of Permit. The issuance of a notice to remove outdoor advertising or a notice to terminate nonconforming outdoor advertising shall be notice that any permit for that outdoor advertising structure shall be surrendered upon removal of the structure. No other notice is necessary under these conditions. AUTHORITY: sections 226.150, RSMo 2000 and 226.500–226.600, RSMo 2000 and Supp. 2002.* 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 April 15, 2003, effective Nov. 30, 2003. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.500–226.600, see Missouri Revised Statutes, 2000 and Supp. 2002.