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| Public Act 103-0471 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Highway Advertising Control Act of 1971 is | ||||
amended by changing Section 8 as follows:
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(225 ILCS 440/8) (from Ch. 121, par. 508)
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Sec. 8.
Within 90 days of July 1, 1972, or the owner being | ||||
notified of a new controlled route subject to this Act being | ||||
added after the effective date of this Act, each
sign, except | ||||
signs described by Sections 4.01, 4.02, and 4.03, must be | ||||
registered with the Department
by the owner of the sign, on | ||||
forms obtained from the Department. Within
90 days after the | ||||
effective date of this amendatory Act of 1975, each sign
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located beyond 660 feet of the right-of-way located outside of | ||||
urban areas,
visible from the main-traveled way of the highway | ||||
and erected with the
purpose of the message being read from | ||||
such traveled way, must be registered
with the Department by | ||||
the owner of the sign on forms obtained from the
Department. | ||||
The Department shall require reasonable information to be
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furnished including the name of the owner of the land on which | ||||
the sign is
located and a statement that the owner has | ||||
consented to the erection or
maintenance of the sign. | ||||
Registration must be made of each sign and shall be
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accompanied by a registration fee of $5.
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No sign, except signs described by Sections 4.01, 4.02, | ||
and 4.03, may be erected after the
effective date of this Act | ||
without first obtaining a permit from the
Department. The | ||
application for permit shall be on a form provided by the
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Department and shall contain such information as the | ||
Department may reasonably
require. Upon receipt of an | ||
application containing all required information
and | ||
appropriately executed and upon payment of the fee required | ||
under this
Section, the Department then issues a permit to the | ||
applicant for the erection
of the sign, provided such sign | ||
will not violate any provision of this Act. The Department | ||
shall have up to 45 days to complete its review and approve the | ||
permit application or notify the applicant of any and all | ||
deficiencies necessary for the Department's approval. The | ||
applicant shall then have 45 days to correct the noted | ||
deficiencies, and the Department shall have 30 days from | ||
receipt of the notice of corrected deficiencies to make a | ||
final determination. If the application for permit has been | ||
denied, written notice of the decision shall state in detail | ||
why the application was denied. The
application fee shall be | ||
as follows:
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(1) for signs of less than 150 square feet, $50;
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(2) for signs of at least 150 but less than 300 square | ||
feet, $100; and
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(3) for signs of 300 or more square feet, $200.
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If a permit application is for a sign within an area | ||
subject to the Airport Zoning Act, the Department shall notify | ||
the applicant in writing that the review process will exceed | ||
the timelines set forth in the Section. Notwithstanding, the | ||
Department shall complete its own review of the permit | ||
application pending approval under the Airport Zoning Act. | ||
In determining the appropriateness of issuing a permit for | ||
a municipal network sign, the Department shall waive any | ||
provision or requirement of this Act or administrative rule | ||
adopted under the authority of this Act to the extent that the | ||
waiver does not contravene the federal Highway Beautification | ||
Act of 1965, 23 U.S.C. 131, and the regulations promulgated | ||
under that Act by the Secretary of the United States | ||
Department of Transportation. Any municipal network sign | ||
applications pending on May 1, 2013 that are not affected by | ||
compliance with the federal Highway Beautification Act of 1965 | ||
shall be issued within 10 days after the effective date of this | ||
amendatory Act of the 98th General Assembly. The determination | ||
of the balance of pending municipal network sign applications | ||
and issuance of approved permits shall be completed within 30 | ||
days after the effective date of this amendatory Act of the | ||
98th General Assembly. To the extent that the Secretary of the | ||
United States Department of Transportation or any court finds | ||
any permit granted pursuant to such a waiver to be | ||
inconsistent with or preempted by the federal Highway | ||
Beautification Act of 1965, 23 U.S.C. 131, and the regulations | ||
promulgated under that Act, that permit shall be void. | ||
Upon change of ownership of a sign ownership permit or | ||
sign registration, the new owner of the sign permit or sign | ||
registration shall notify
the Department to confirm the change | ||
of ownership and supply the necessary information in writing | ||
or on a form provided by the Department to transfer to renew | ||
the permit or registration for
such sign at no cost within 120 | ||
60 days after the change of ownership. The Department shall | ||
acknowledge to the new sign owner, in writing or by electronic | ||
communication, the receipt of such request within 14 calendar | ||
days after receiving the necessary information and shall | ||
record the transferee as the new owner. Failure of the new sign | ||
owner to submit the necessary information to transfer the name | ||
of sign ownership on a sign permit within 120 calendar days may | ||
subject the permit to revocation. The Department shall issue a | ||
notice to the sign owner of failure to notify and inform the | ||
transferee of ownership that the transferee has 30 calendar | ||
days from receipt of notice to provide the necessary | ||
information required for the transfer of ownership. Any
permit | ||
not so renewed shall become void.
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Owners of registered signs shall be issued an identifying | ||
tag, which
must remain securely affixed to the front face of | ||
the sign or sign structure in
a conspicuous position by the | ||
owner within 60 days after receipt of the tag;
owners of signs | ||
erected by permit shall be issued an identifying tag which
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must remain securely affixed to the front face of the sign or | ||
sign structure in
a conspicuous position by the owner upon | ||
completion of the sign erection or
within 10 days after | ||
receipt of the tag, whichever is the later.
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When a sign owner intends to upgrade an existing legal | ||
permitted sign to a multiple message sign with a digital | ||
display, the Department shall not require a new sign permit. A | ||
permit addendum application requesting authorization for the | ||
upgrade shall be made on a form provided by the Department and | ||
shall be accompanied by a $200 fee, which shall not be subject | ||
to return upon rejection of the permit addendum application. | ||
As part of the permit addendum application, the Department | ||
shall not require a new land survey or other documentation | ||
that has previously been submitted and approved and is on file | ||
for the existing permit of the legal permitted sign. Upon | ||
receipt of the permit addendum application, the Department | ||
shall have up to 30 days to complete its initial review and | ||
either approve the addendum to the existing permit or notify | ||
the applicant of any and all deficiencies necessary for the | ||
Department's approval. The applicant shall have 30 days to | ||
correct the noted deficiencies, upon which the Department | ||
shall have 30 days after receipt of the notice of corrected | ||
deficiencies to make a final determination. If the permit | ||
application addendum is denied, written notice of the decision | ||
shall state in detail why the application was denied. For | ||
purposes of this Section, legal nonconforming sign structures | ||
are not eligible for this upgrade. | ||
A person aggrieved by any action of the Department in | ||
denying an application or revoking a permit or registration | ||
under this Act may, within 30 days after receipt of the notice | ||
of denial or revocation, apply to the Department for an | ||
administrative hearing pursuant to the Administrative Review | ||
Law. | ||
(Source: P.A. 98-56, eff. 7-5-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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