Removal of Outdoor Advertising Without Compensation

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) Definitions (see 7 CSR 10-6.015). (2) Removal of Unlawful Signs. The department’s authorized representative shall serve a notice to remove outdoor advertising under section 226.580, RSMo, and for conforming out of standard signs that have been substantially rebuilt pursuant to section 226.541, RSMo and 7 CSR 10-6.040(5). (3) Removal of Nonconforming Signs. The department’s authorized representative shall issue a notice to terminate a nonconforming sign pursuant to 7 CSR 10-6.060(3)(G). (4) Authority to Withdraw Notices. The department’s authorized representative is authorized to withdraw any notice to remove outdoor advertising issued by the department under section 226.580, RSMo, or any notice to terminate a nonconforming sign issued by the department 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 department 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 department’s authorized representative will advise the hearing examiner of any withdrawal of a notice to remove outdoor advertising or a notice to terminate nonconforming sign. (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) Remedial Action. Any notice to remove outdoor advertising which is issued by the department’s authorized representative will specify any available remedial action to correct the violation and establish the length of time which is available to take the remedial action. Any length of time specified for taking remedial action cannot 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) Status of Permit. The issuance of a notice to remove outdoor advertising or a notice to terminate nonconforming outdoor advertising is notice that any permit for that outdoor advertising structure will be surrendered upon removal of the structure. No other notice is necessary under these conditions. AUTHORITY: sections 226.150, and 226.500– 226.600, RSMo 2016 and RSMo Supp. 2017.* 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. Amended: Filed Oct. 3, 2013, effective May 30, 2014. Amended: Filed Sept. 8, 2017, effective April 30, 2018. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.500–226.600, see Missouri Revised Statutes, 2016 and Supp. 2017.