(1) Nonconforming signs and signs in conforming areas which do not meet required size, lighting and spacing criteria, as classified by the department prior to April 21, 1995, may be repaired but only in conformity with the following limitations:

(a) Such repair and maintenance as is reasonably necessary to maintain the sign's appearance and structural integrity may be performed. The value of new materials used in the maintenance of a sign during one calendar year may not exceed 30% of the value of all of the materials which would be required to replace the sign new.

(b) Signs which are blown down, vandalized, or otherwise damaged may be re-erected provided:

(i) The sign is not damaged in excess of 50% of its replacement cost.

(ii) The work should be accomplished within six months or the permit may be canceled.

(c) In no case may the repair, maintenance, or re-erection of nonconforming signs (or signs in conforming areas which do not meet required size, lighting and spacing criteria) result in an increase in the area used to display advertising copy or an increase of height, width, or areas over the height, width or area of the sign when last permitted. In no case may the repair, maintenance or re-erection of a sign result in a substantial upgrading of the type or value of the sign. For example, a change from wood to steel structure or a change from unilluminated to illuminated would constitute a substantial upgrading.

(d) The department shall notify the sign owner of a violation of (c) . The department may allow a permittee who has increased the dimensions or has lighted a previously unlighted nonconforming sign a reasonable time to restore the sign as originally permitted. If the dimensions are increased or the sign is lighted a second time, the permit will be immediately canceled by the department.

(2) As further clarification, signs that meet the statutory requirements of 75-15-111 (4) , MCA:

(a) May be maintained each year if the value of the materials used in the maintenance does not exceed 75% of the value of the materials required to replace the sign new; and

(b) May be replaced, if damaged, at up to and including 100% of its replacement cost.

(c) May be illuminated.

(d) May replace wood poles with steel poles provided the size and number of poles remain the same or less.

(e) Changes must meet the standards of any lawful ordinance, regulation or resolution of local government.

(f) Any increased sign value resulting from maintenance, repair or illumination as provided in this rule will be deducted if the sign is purchased by the department.

(3) The limitations set forth in (1) and (2) above are not intended to apply to conforming signs; however, repair or reconstruction of a sign which results in a change in the height, width or area of more than 10% from that shown on the last approved permit application, or which changes the number or position of the facings, will require revision of the existing permit and will be charged the appropriate additional fees. Failure to obtain a revised permit prior to performing the upgrade may result in cancellation of the permit.