Authorizes commissioner of transportation to exempt certain signs from highway law

BILL NUMBER:S5166

Title of bill

An act in relation to authorizing the commissioner of transportation to issue a permit exempting certain signs

Purpose or general idea of bill

This legislation will authorize the Department of Transportation (DOT) to rectify an unforeseen issue that resulted from the passage of the State Scenic Byway law within the City of Watertown.

Summary of specific provisions

Section 1. Authorizes the commissioner of DOT to issue an exemption pursuant to section 342-I of the highway law for any sign that was constructed in reliance upon a building permit issued by the city of Watertown in 2008, provided application is made to the commissioner of transportation within 180 days of the effective date of this act.

Section 2 Directs the Commissioner of DOT to promulgate rules and regulations in regards to this exemption.

Section 3 This act sale take effect immediately.

Justification

As a result of the passage of the "Olympic Trail" law, some businesses in Watertown are facing expensive propositions to move "off-premise" signs. This legislation will authorize (DOT)to review this policy and may make certain exemptions if it will not impact federal funding for the Scenic Byway program.

Specifically, Arsenal Street in the city of Watertown is heavily commercial street with many signs 'advertising local businesses. However, depending upon the legal subdivision of the underlying land, two identical signs on two identical locations could be treated differently (i.e. one is authorized as an "on-premise" sign and one is prohibited as an "off-premise" sign). As a result, the law can be difficult even for the local government to administer and can have an unfair application to business owners and the local economy.

This bill will authorize DOT to grant a permit authorizing the continued use for signs that may have been classified as an "off-premise" sign but were already constructed in reliance on the issuance of a local building permit.

However, this law will give DOT the discretion to deny the permit if it determines, for example, that the issuance will result in a significant loss of federal funding for the Scenic Byway program. Therefore, this legislation balances the benefits of the Scenic Byway law while affording DOT the ability to provide equitable relief to local businesses that were unfairly aggrieved by the law.

Prior legislative history

S6758-A of 2010 Passed Senate

Fiscal implications for state mid local governments

None.

Effective date

This act shall take effect immediately.