Current Status Introducing Body:Senate Bill Number:1469 Primary Sponsor:Lourie Committee Number:15 Type of Legislation:GB Subject:Signs along highways Residing Body:Senate Current Committee:Transportation Companion Bill Number:4711 Computer Document Number:NO5/8347.BD Introduced Date:Apr 15, 1992 Last History Body:Senate Last History Date:Apr 15, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Lourie Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1469 Senate Apr 15, 1992 Introduced, read first time, 15
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-195 SO AS TO PROHIBIT THE REMOVAL OF LAWFUL SIGNS IN VIEW OF AN INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAY WITHOUT PAYING JUST COMPENSATION; AND TO AMEND SECTION 57-25-140, RELATING TO OUTDOOR ADVERTISING SIGNS PERMITTED ALONG INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAYS, SO AS TO PROVIDE REQUIREMENTS FOR SIGNS LOCATED ON EITHER SIDE OF A FEDERAL-AID PRIMARY ROUTE WITHIN FIVE HUNDRED FEET OF AN INTERCHANGE.
Whereas, Section 57-25-195 of the 1976 Code was omitted inadvertently from Act 519 of 1990, relating to outdoor advertising; and
Whereas, it was the intention of that legislation to include Section 57-25-195; and
Whereas, Title 23, U.S.C., Section 131(g) requires that just compensation be paid for the removal of lawful signs within view of interstate and federal-aid primary highways; and
Whereas, a violation of Title 23, U.S.C., Section 131(g) also is a violation of the contract which exists between the federal highway administration and South Carolina and results in a penalty of ten percent of the state's federal apportionment for the maintenance and construction of highways. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 57-25-195. The State, a county, a municipality, a local zoning authority, or other political subdivision may not remove or cause to be removed a sign located in view of an interstate or federal-aid primary highway and lawfully erected under the laws of South Carolina without paying just compensation."
SECTION 2. Section 57-25-140(E) of the 1976 Code is amended to read:
"(E) No sign structure permitted under items (7) and (8) of subsection (A)(7) and (8) on the interstate system or on a federal-aid primary route, constructed to controlled access standards, may be erected within five hundred feet of another sign structure on the same side of the highway. No sign may be located on the interstate system or controlled access federal-aid primary route adjacent to or within five hundred feet of an interchange, an intersection at grade, a weigh station, or a rest area measured along the interstate or controlled access primary highways from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way. No sign may be located on either side of a federal-aid primary route within five hundred feet of an interchange consisting of the exit from or entrance to an interstate or controlled access primary highway, measured along the federal-aid primary route from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the federal-aid primary route. The distance from an interchange or a rest area set forth in this subsection does not apply to sites adjacent to highways that are within the boundaries of an incorporated municipality. No sign structure permitted under items (7) and (8) of subsection (A)(7 and (8) on a noncontrolled access federal-aid primary route outside of an incorporated municipality may be erected within three hundred feet of another sign structure on the same side of the highway. No sign structure located adjacent to a noncontrolled access federal-aid primary route may be erected within a distance of one hundred feet of another sign structure inside an incorporated municipality on the same side of the highway. This subsection does not apply to advertising displays which are separated by a building or other obstruction so that only one display located within the minimum spacing distance is visible from any point on the highway at any one time."
SECTION 3. This act takes effect upon approval by the Governor.