Act of God Sign RemovalAct of God Sign Removal

ModeratorModerator

Kerry Yoakum-ODOTKerry Yoakum-ODOT

Natural Disasters Natural Disasters

The definition of “natural disaster” under 42 The definition of “natural disaster” under 42 U.S.C. 5195A is “any hurricane, tornado, U.S.C. 5195A is “any hurricane, tornado, storm, flood, high water, wind-driven water, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe in any drought, fire, or other catastrophe in any part of the United States which causes, or part of the United States which causes, or which may cause, substantial damage or which may cause, substantial damage or injury to civilian property or persons.”injury to civilian property or persons.”

IssuesIssues

What is customary maintenance What is customary maintenance standards?standards?

Valuing partially destroyed signs.Valuing partially destroyed signs. What is a “destroyed” sign?What is a “destroyed” sign? Is/should there be a natural disaster Is/should there be a natural disaster

exception in the HBA?exception in the HBA?

23 CFR §750.707(d)23 CFR §750.707(d)

Each state shall develop its own Each state shall develop its own criteria to define customary criteria to define customary maintenance and destructionmaintenance and destruction Must differentiate between customary Must differentiate between customary

maintenance verse substantial changemaintenance verse substantial change May define destruction using a May define destruction using a

percentage of its replacement valuepercentage of its replacement value

Customary maintenance Customary maintenance standardsstandards

What is a “destroyed” sign?What is a “destroyed” sign?

Valuing partially destroyed Valuing partially destroyed signssigns

Legislative ActsLegislative Acts

Emergency Supplemental Emergency Supplemental Appropriations Bill (H.R. 4939)Appropriations Bill (H.R. 4939) Funding for the war in Iraq and Funding for the war in Iraq and

hurricane recovery hurricane recovery Amendment #3805 introduced by Amendment #3805 introduced by

Senator Bennett (R, Utah)Senator Bennett (R, Utah) amendment would allow outdoor advertising amendment would allow outdoor advertising

companies, with state permission, to rebuild companies, with state permission, to rebuild non-conforming billboards destroyed by non-conforming billboards destroyed by Hurricanes Katrina and Rita. Hurricanes Katrina and Rita.

Legislative ActsLegislative Acts

Senate’s Energy and Water Appropriation Bill Senate’s Energy and Water Appropriation Bill (H.R. 5427)(H.R. 5427) “…“…if permitted by law, a legal nonconforming sign if permitted by law, a legal nonconforming sign

constructed in a commercial or industrial area on constructed in a commercial or industrial area on or after October 22, 1965, that is or has been or after October 22, 1965, that is or has been damaged or destroyed as a result of a natural damaged or destroyed as a result of a natural disaster that occurs after August 1, 2004, may be disaster that occurs after August 1, 2004, may be repaired, replaced or reconstructed at the same repaired, replaced or reconstructed at the same location to its original height and size using like location to its original height and size using like materials. The provisions of this section shall not materials. The provisions of this section shall not preempt State or local law or ordinance. The preempt State or local law or ordinance. The Secretary shall not reduce or withhold Federal-aid Secretary shall not reduce or withhold Federal-aid highway funds apportioned to a State that highway funds apportioned to a State that complies with these provisions….” complies with these provisions….”

SpeakersSpeakers

Janet Myers-FWHAJanet Myers-FWHA Bob Black-FHWABob Black-FHWA Nancy Fletcher-OAAANancy Fletcher-OAAA William Brinton-Scenic AmericaWilliam Brinton-Scenic America John Garner-FDOTJohn Garner-FDOT John Lee-MissDOTJohn Lee-MissDOT