1. A. Customary maintenance of non-conforming signs may only include the following:

   (1) changing existing non-structural external light fixtures for energy efficiency;

   (2) replacing structural components with the same materials consistent with this rule, including replacement of poles, but only if not more than 1/2 of the total number of poles of the sign are replaced in any twelve (12) month period and the same material is used for the replacement poles;

   (3) nailing, cleaning and painting, and replacement of nuts and bolts;

   (4) changes in the advertisement; and

   (5) plumbing or leveling the structure.

2. B. Customary maintenance of non-conforming signs shall not include the following:

   (1) any increase in the size of the sign from the date of its non-conformance, or increasing the size or dimension of the sign face, or adding a face;

   (2) any structural change resulting in an increase in the sign’s value; any such increase in value shall be deemed non-compensable should the sign be acquired by the department through the condemnation process;

   (3) adding CEVMS or other changeable message capability, except that gas price, lottery and other add-ons utilizing changeable message technology may be allowed where the use of that technology would not result in a change to the physical structure of the outdoor advertising device, such as the addition of electrical or other power, including solar power, guy wires and bracing where the structure did not have such features at the time of its non-conformance, and where the gas price, lottery and other add-ons are included within the structure’s copy;

   (4) adding lighting, attached or unattached, to a sign that previously did not have lights;

   (5) adding bracing, guy wires or other reinforcing devices;

   (6) changing the vertical support materials, such as replacing wooden supports with metal, or replacing I-beams with a monopole;

   (7) changing the configuration of the sign structure, such as changing a “V” sign to a stacked or back-to-back sign, or a single-face sign to a double face or back-to-back sign;

   (8) merging or consolidating multiple faces into a single face, whether on the same or separate outdoor advertising devices; and

   (9) except at the request of a governmental authority, removing and erecting the structure, or changing the physical location of the sign or the direction of the sign face.

3. C. A non-conforming sign destroyed by natural causes, such as, but not limited to, wear and tear, deterioration and weather, may not be reconstructed and its permit shall be revoked. Reconstruction shall render the sign a new structure and result in revocation of its permit and the sign shall be deemed illegal and non-compensable and subject to removal by the department at the expense of the sign owner pursuant to the provisions of 18.21.5.33 NMAC.
4. D. Non-conforming signs which have been destroyed due to vandalism and other criminal or tortious acts may be re-erected in kind.
5. E. For purposes of this section, “destroyed” means completely down, or where more than 50% of the upright supports of a sign structure are physically damaged such that normal repair practices of the industry would, in the case of wooden sign structures, require replacement of the broken supports, and, in the case of metal sign structures, require replacement of at least 25% of the length above ground of each broken, bent or twisted support.

[18.21.5.30 NMAC - Rp, 18 NMAC 21.5.36, 02/14/14]