License and Permit Fees; Expiration of and Revocation of Licenses and Permits

(1) Licenses. (a) Each initial application for a license shall be made on a form furnished by the Director and accompanied by a nonrefundable fee as stated in 700 CMR 3.03. Licenses shall expire on December 31st of each year, unless otherwise revoked or further extended by the Director. Applications for the renewal of licenses shall be received by the Director not later than the last business day of November of each year unless otherwise extended by the Director. All license applications shall be on a form furnished by the Director and accompanied by a nonrefundable fee based upon the number of permits then granted to the licensee as follows: 0 - 200 permits $1,000.00 In excess of 200 permits $1,500.00 (b) The Director reserves the right, after notice and opportunity for hearing, to revoke for cause any license at any time. Without limitation, any of the following shall constitute grounds for revocation of any license as well as for imposition of any other penalty provided by law: 1. Noncompliance with the requirements of 700 CMR 3.00, the Massachusetts General Laws, Federal Laws or the Federal-State Agreement, or any permit or license issued by the Director; 2. Any willful violation of any requirement of 700 CMR 3.00, the Massachusetts General Laws or any permit or license issued by the Director; 3. Any action relating to signs or outdoor advertising that adversely impacts the public health, safety, welfare or the environment; 4. Any submission of false, misleading or deceptive information in any application or in response to any information request by the Director. (c) If a license is not renewed by the Director or is revoked by the Director, all signs formerly authorized by permit to the licensee shall be removed by the licensee within 60 days of the date of notification of such final action of non-renewal or revocation, except any sign the permit for which has been duly transferred to a licensee in good standing pursuant to 700 CMR 3.12. (d) If a licensee fails to remove a sign as required by 700 CMR 3.03(1)(c), the Department may cause the sign to be removed and disposed of in accordance with applicable law without liability of the Department to the licensee or the owner of the sign in connection with said removal, and said licensee or owner shall be liable for the costs of such removal pursuant to M.G.L. c. 93D, § 30A, and M.G.L. c. 111, §§ 123 through 125. (2) Permits. (a) Each new application for a permit, each application for the renewal of a permit, each application for the transfer of a permit, each application for a temporary permit, each application for amending a permit shall be made on a form furnished by the Director and accompanied by a nonrefundable fee as follows: 1. New Permit Application Fee $250.00/per permit 2. New Electronic Permit Application Fee $1,000.00/per permit 3. one - 100 sq. ft. $100.00/per permit 4. 101 - 300 sq. ft. $150.00/per permit 5. 301 - 1200 sq. ft. $250.00/per permit 6. Tri-vision Fee $500.00/per permit 7. Transfer Fee $100.00/per permit 8. Amendment Fee $250.00/per permit (b) Signs permitted for alternating messages on a single face pursuant to 700 CMR 3.11 shall be accompanied by a nonrefundable annual fee of $500.00. This does not apply to electronic signs. (c) Except for temporary permits issued pursuant to 700 CMR 3.05 or 700 CMR 3.07, all permits shall expire on December 31st of each year, unless otherwise revoked or further extended by the Director. Application for renewal of permits, including those in which administrative or judicial action has been taken but no final administrative or judicial decision has been rendered adverse to the applicant, shall be made on or before the last business day of November unless an extension has been granted by the Director. Applications shall be made on a form furnished by the Director and shall be accompanied by the required fee. (d) The Director reserves the right, after notice and opportunity for hearing, to revoke for cause any permit at anytime. Without limitation, anyviolation of any provision of 700 CMR 3.00, any violation of any provision of any permit or license, and any submission of false, misleading or deceptive information in any application or in response to any information request by the Director shall constitute grounds for revocation of any permit as well as for imposition of any other penalty provided by law. (e) If a permit is not renewed by the Director or is revoked by the Director, the sign formerly authorized by the permit shall be removed by the permittee within 30 days of the date the Department mails notification of such final action of non-renewal or revocation. In instances where there is no permit holder, the owner of the real estate where the sign is located may be required to remove the sign structure. (f) If a sign is abandoned or if a permit is surrendered, cancelled, or otherwise relinquished by a permittee, or if a permittee fails to file a timely or complete application for renewal, the sign formerly authorized by the permit shall be removed by that person within 30 days of the abandonment, surrender, cancellation, relinquishment, or expiration of such permit, whichever occurs first. (g) If a permittee or the real estate owner fails to remove a sign as required by 700 CMR 3.03(2)(e), the Department may cause the sign to be removed and disposed of in accordance with applicable law without liability of the Department to the Licensee or the owner of the sign in connection with said removal, and said licensee or owner shall be liable for the costs of such removal pursuant to M.G.L. c. 93D, § 30A, and M.G.L. c. 111, §§ 123 through 125. (h) Permits issued by the Director for any sign are revocable, and of limited duration. Such permits do not create property rights. Nothing in 700 CMR 3.00 is intended and nothing should be construed to create vested property rights of any kind. (3) Fees. All fees are non-refundable whether the application has been approved or denied and shall be paid by check or money order payable to the Massachusetts Department of Transportation. (4) Each application for a license, license renewal, new permit, permit renewal, permit transfer and temporary permit shall be made upon a form furnished by the Director and shall be accompanied by the prescribed fee.