Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 18.6.215 pertaining to Outdoor Advertising fees

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NOTICE OF PROPOSED AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. On May 26, 2012, the Department of Transportation proposes to amend the above-stated rule.

2. The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Transportation no later than 5:00 p.m. on May 17, 2012, to advise us of the nature of the accommodation that you need. Please contact Renée Wuertley, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620; telephone (406) 444-9455; fax (406) 444-7206; TDD/Montana Relay Service (406) 444-7696 or (800) 335-7592; or e-mail rwuertley@mt.gov.

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

18.6.215 FEES (1) Fees shall be transmitted by check payable to the Montana Department of Transportation. The department assumes no responsibility for loss in transit of such remittances. Applicants not submitting proper fees will be notified by the department. Fees are nonrefundable.

(2) Fees shall be calculated based on total square footage of sign face or total square footage of sign faces combined when more than one sign face is present on a single structure.

~~(2)~~(3) The fees shall be as follows:

(a) Inspection fee (must accompany the sign permit application) $100.00

(b) Initial permit fee for sign size:

(i) 32 sq. ft. or less $ 10.00

(ii) 33 sq. ft. to 375 sq. ft. $ 50.00

(iii) 376 sq. ft. to 672 sq. ft. $ 100.00

~~(iv) multiple face signs (aggregate of faces totals under 672 sq. ft.) $125.00~~

~~(v)~~(iv) ~~multiple face signs (~~aggregate of sign faces totals over ~~673~~ 672 sq. ft.)

$ 150.00

(i) 32 sq. ft. or less $ 15.00

(ii) 33 sq. ft. to 375 sq. ft. $ 75.00

(iii) 376 sq. ft. to 672 sq. ft. $ 150.00

~~(iv) multiple face signs (aggregate of faces totals under 672 sq. ft.) $ 200.00~~

~~(v)~~(iv) ~~multiple face signs (~~aggregate of sign faces totals over ~~673~~ 672 sq. ft.)

$ 225.00

(d) Replacement permit plate $ 20.00

AUTH: 75-15-121, MCA

IMP: 75-15-122, MCA

REASON: The proposed amendments are necessary to clarify the fees charged for outdoor advertising permits. The current rule language on "multiple face signs" had created confusion in calculation of fees, as the language appears to conflict with other rule language on fee calculations based on total square footage of the sign, including all faces. The proposed amendment will clarify that fees are calculated based on total square footage of a single sign face, or total square footage of all sign faces combined on structures which hold more than one sign face. No increase or decrease in fees is contemplated, and fees will remain the same under the proposed rule amendments.

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Patrick Hurley, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620; telephone (406) 444-6068; fax (406) 444-7254; or e-mail phurley@mt.gov, and must be received no later than 5:00 p.m., May 24, 2012.

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Pat Hurley at the above address no later than 5:00 p.m., May 24, 2012.

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 191 persons based on 1907 permit holders.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in #4 above or may be made by completing a request form at any rules hearing held by the department.

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

/s/ Carol Grell Morris /s/ Timothy W. Reardon

Carol Grell Morris Timothy W. Reardon

Rule Reviewer Director

Department of Transportation

Certified to the Secretary of State April 16, 2012.