Rule 18.6.251 - REPAIR OF NONCONFORMING SIGNS(1) As per 75-15-111, MCA, nonconforming signs lawfully in existence prior to April 21, 1995, may be maintained or replaced each year under the following requirements: (a) a sign may be maintained each year if the value of the materials used in the maintenance does not exceed 75 percent of the value of the materials required to replace the sign new; (b) the sign may be replaced, if damaged by vandalism, criminal acts, or tortious acts, at up to and including 100 percent of its replacement cost; (c) the sign replacement must not result in an increase in the area used to display advertising copy nor an increase of height, width, or area over the current dimensions; (d) the sign may not be illuminated, unless already illuminated before the repair or maintenance; (e) the sign to be repaired or replaced may not replace wood poles with steel poles. (2) Nonconforming signs lawfully in existence after April 21, 1995, may be maintained or replaced each year under the following requirements: (a) a sign may be maintained and repaired if the value of new materials used in the maintenance of a sign during one calendar year does not exceed 30 percent of the value of all the materials which would be required to replace the sign new; (b) the sign may be replaced if damaged by vandalism, criminal acts, or tortious acts, at up to and including 100 percent of its replacement cost; (c) the sign replacement may not result in an increase in the area used to display advertising copy nor an increase of height, width, or area over the current dimensions; (d) the sign may not be illuminated, unless already illuminated before the repair or maintenance; (e) the sign to be repaired or replaced may not replace wood poles with steel poles.(3) At least 30 days prior to performing any repair or maintenance of a nonconforming sign, the sign owner must submit to the department a repair application detailing the following: (a) all proposed repairs or maintenance to be performed, including a list of materials to be used and associated material costs; and(b) a listing of all materials required to replace the sign new with current costs.(4) The department will review all repair applications and notify the sign owner of approval or denial of the repair application within 30 days of receipt.(5) After department approval, the sign owner may proceed with the repair or maintenance identified. All repair or maintenance work must be done within 90 days of approval. The sign owner must provide the department with written and photo verification of the repair or maintenance performed.(6) If the department denies a repair application, the department will notify the sign owner of the reason for denial.(7) All changes to nonconforming signs must meet the standards of lawful ordinance, regulation, or resolution of local government and must be approved by the landowner. (8) Nonconforming signs shall not be maintained or repaired from across the right-of-way control access fences or boundaries. (9) Nonconforming signs may be repaired only if such repair and maintenance is reasonably necessary to maintain the sign's appearance and structural integrity. 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. (10) Nonconforming signs which are destroyed, abandoned, or discontinued may not be re-erected except in instances of vandalism or other criminal or tortious acts. The work must be accomplished within 90 days or the permit may be revoked. An extension of time to accomplish the work may be granted at the sole discretion of the department upon written request from the sign owner stating the reason(s) for the request. (11) Nonconforming signs shall not be relocated from their original permitted location.(12) The department shall notify a sign owner of a violation of this rule. Failure to submit a repair application prior to repairing or maintaining a nonconforming sign may result in revocation of the permit and removal of the nonconforming sign at the sign owner's expense.(13) A nonconforming sign which has displayed obsolete or damaged advertising matter, or has not displayed advertising matter for a period of 90 days subsequent to receipt of written notice from the department, shall be considered as a discontinued sign and shall be removed by the owner without compensation. (14) Nonconforming signs which are in need of substantial repair either to the face or support structure, and are not repaired within a period of 90 days after receipt of written notice from the department, shall be considered an abandoned sign and shall be required to be removed by the owner without compensation.AMD, 2015 MAR p. 21, Eff. 1/16/2015; AMD, 2016 MAR p. 1440, Eff. 8/20/2016AUTH: 75-15-121, MCA; IMP: 75-15-111, 75-15-121, MCA