A BILL TO BE ENTITLED
AN ACT to revise laws governing outdoor advertising.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑133 reads as rewritten:
"§ 136‑133.  Permits required.
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(d)	The Department shall approve or deny a permit for a new outdoor advertising sign within 30 days of receipt of the completed application and all required fees and documentation. An application shall be deemed complete if it contains all information and supporting documents required by the Department's rules. If the Department fails to provide written notice of its decision within the 30‑day period, the application shall be deemed approved, and the Department shall issue the permit.
(e)	Except as provided in G.S. 136‑133.1(i), the Department shall not revoke an outdoor advertising permit for a first‑time violation of this Article or rules adopted by the Department in accordance with this Article. For any subsequent violation associated with the same permit, the Department shall not revoke the permit until first providing to the permit holder written notice of the violation and at least 60 days to cure the violation. During the cure period, the Department may pursue any other remedies authorized by this Article or applicable law, including the assessment of civil penalties or required corrective actions. This subsection does not limit the Department's authority to address immediate threats to public safety or fraud in the application process."
SECTION 2. G.S. 136‑138 reads as rewritten:
"§ 136‑138. Agreements with United States authorized; limitations on delegation.
The Department of Transportation is authorized to enter into agreements with other governmental authorities relating to the control of outdoor advertising in areas adjacent to the interstate and primary highway systems, including the establishment of information centers and safety rest areas, and to take action in the name of the State to comply with the terms of the agreements. Any amendment to or modification of the agreement dated January 7, 1972, between the State and the United States Department of Transportation implementing the federal Highway Beautification Act of 1965 shall require prior approval of the General Assembly by joint resolution to be effective. Notwithstanding any provision of law to the contrary, the Department shall not delegate or transfer permitting, enforcement, or other core regulatory authority under this Article to any county, municipality, or other political subdivision of the State. This subsection shall not prohibit the Department from cooperating with local governments or enforcing local ordinances that are consistent with this Article."
SECTION 3. G.S. 136‑133.1 reads as rewritten: 
"§ 136‑133.1.  Outdoor advertising vegetation cutting or removal.

	

	

	
(a)	The owner of an outdoor advertising sign permitted under G.S. 136‑129(4) or G.S. 136‑129(5) may obtain an annual vegetation maintenance permit from the Department of Transportation upon payment of a fee of four hundred dollars ($400.00).
(a1)	Notwithstanding any law to the contrary, in order to promote the outdoor advertiser's right to be clearly viewed as set forth in G.S. 136‑127, the Department of Transportation, at the request of a selective vegetation removal permittee, may approve plans for the cutting, thinning, pruning, or removal of vegetation outside of the cut or removal zone defined in subsection (a) of this section along acceleration or deceleration ramps so long as the view to the outdoor advertising sign will be improved and the total aggregate area of cutting or removal does not exceed the maximum allowed in subsection (a) of this section.
	
(b)	Upon issuance of the annual vegetation maintenance permit, the owner and the owner's designees may, at any time during the permit year, cut, thin, prune, remove, or maintain any tree, shrub, or underbrush within the maximum cut or removal zone for each sign face as defined in subsection (b) of this section.

	

(c)	Native dogwoods shall be preserved. No person shall cut or remove any native dogwood under this section. All other vegetation within the authorized zone may be cut, thinned, pruned, removed, or maintained without further application, site plan, tree survey, or additional fees.
	
(d)	The annual vegetation maintenance permit shall be valid for one year from the date of issuance and may be renewed annually upon payment of the five‑hundred‑dollar ($500.00) fee.
	
(e)	This section shall constitute the sole and exclusive authority for vegetation cutting or removal associated with outdoor advertising signs. All prior requirements for selective vegetation removal permits, caliper‑inch fees, replanting plans, and related processes are repealed and replaced by the annual permit process established herein.
	
(f)	Notwithstanding any other provision of this section, the owner of an outdoor advertising sign permitted under G.S. 136‑129(4) or G.S. 136‑129(5), or the owner's designees, may apply herbicides from the private property side along the fence line for the purpose of controlling vegetation encroachment. For purposes of this subsection, "fence line" means the boundary line between the private property on which the outdoor advertising sign is located and the adjacent State highway right‑of‑way. The owner or designee shall utilize only applicators licensed by the North Carolina Department of Agriculture and Consumer Services and shall comply with all federal and State pesticide laws and rules. Application shall not exceed five feet into the right‑of‑way and shall not be applied to native dogwoods or any tree with a diameter of four inches or greater measured six inches from the ground.
(g)	Notwithstanding any law to the contrary, the owner of an outdoor advertising sign defined by subsection (a) of this section or the owner's designees may, working only from the private property side of the fence, without charge and without obtaining a selective vegetation removal permit, cut, trim, prune, or remove any tree or other vegetation except for native dogwoods that is (i) less than four inches in diameter at the height of the controlled access fence, (ii) located within 300 feet on either side of the existing sign location, and (iii) a distance of three feet from a controlled access fence within the limits of the highway right‑of‑way. The activities permitted by this subsection must be performed from the private property owner side of the controlled access fence and with the consent of the owner of the land that is used to access said fence.
(h)	No additional funds from the Highway Trust Fund shall be used for the purpose of vegetation replacement under the provisions of this section.
(i)	The Department may revoke an outdoor advertising permit for the unlawful destruction or illegal cutting of vegetation within the right‑of‑way of any State‑owned or State‑maintained highway only if both of the following conditions are met:
(1)	The unlawful destruction or illegal cutting occurred within 500 feet of either side of the corresponding sign location measured along the edge of pavement of the main travel way of the nearest controlled route and was willfully caused by one or more of the following:
a.	The sign owner.
b.	The permit holder.
c.	The lessee or advertiser employing the sign.
d.	Any employees, agents, or assigns of persons listed in sub‑subdivisions a. through c. of this subdivision, including, but not limited to, independent contractors hired by any of the above persons, or the owner of the property upon which the sign is located, if expressly authorized by the above persons to use or maintain the sign.
(2)	There is substantial, material evidence that the unlawful destruction or illegal cutting of vegetation would create, increase, or improve a view to the outdoor advertising sign for passing motorists from the main travel way of the nearest controlled route."
SECTION 4. G.S. 136‑133.2 reads as rewritten:
"§ 136‑133.2.  Issuance or denial of a selective vegetation removal permit.
	
(a)	The Department shall approve or deny an application for an annual vegetation maintenance permit, including the required four hundred dollars ($400.00) fee, within 30 days of receipt of the application. If the Department fails to provide written notice of its decision within the 30‑day period, the application shall be deemed approved and the permit shall be issued.
	
(b)	The Department may deny an application only for failure to pay the required fee or for failure to hold a valid outdoor advertising permit under G.S. 136‑129(4) or G.S. 136‑129(5).
(c)	A new site for relocation shall not be denied by the Department of Transportation due to the presence of vegetation obstructing the visibility of the outdoor advertising from the viewing zone. Notwithstanding any law to the contrary, the owner or operator of the outdoor advertising sign shall be permitted to improve the visibility of the sign by removing any vegetation on private property upon receiving written consent of the landowner."
SECTION 5. This act is effective when it becomes law.