Okla. Admin. Code § 730:35-5-6

Current through Vol. 42, No. 3, October 15, 2024

Section 730:35-5-6 - Permits for outdoor advertising signs, displays, and devices

(a) All signs, except for signs considered exempt, (see 730:35-5-14 ) that are adjacent to or located within six hundred sixty (660) feet of the right-of-way, and visible from the mail traveled way of an Interstate or Federal-aid Primary highway in the state, are required to be registered and permitted by the Department.

(b) Application forms to register and permit sign locations are provided by the Department, prior to the construction or relocation of any sign. The application form is to be filled out in its entirety, notarized and submitted to the Department, along with the application fee ($100.00), two (2) photographs of the proposed site location and a copy of the current lease agreement with landowner of the site location. Upon receipt of all required data, the Department will then process the application as expeditiously as possible. The applicant shall be notified of the Department's decision on the application and the reasons therefore, if denied, within sixty (60) days of receipt of the completed application. If approved, the sign location is assigned a registration number and issued a registration certificate (title), permit, and tag.

(c) Permits for new signs shall be renewed every two (2) years from the date of issuance thereof, and permit renewal invoice shall be accompanied by a twenty dollar ($20.00) fee. The Department may require additional documentation to accompany any renewal(s) if deemed necessary.

(d) Failure to renew a permit when required shall cause the non-permitted outdoor advertising device to be in violation of these regulations and subject to removal according to law.

(e) The holder of a permit shall, during the term thereof, have the right to change the advertising copy, ornamentation, or trim on the outdoor advertising structure or device for which it was issued without payment of any additional fee.

(f) Educational, veterans, religious, charitable, governmental or civic organizations, not operated for profit, shall obtain a permit in accordance with the provisions of this Subchapter for each outdoor advertising sign, display, or device having more than eight (8) square feet in area maintained or erected; provided, however, that no permit renewal fee shall be charged.

(g) Submission of false information in an application or in support of an application shall be sufficient grounds to deny or cancel the permit, renewal, or transfer.

(h) Upon failure of the permit holder to make lease payments or other agreed upon compensation to the land owner, or when the lease for the use of the land is canceled for any other lawful reason, the Department shall, upon submission of a sworn affidavit and such other proper documentation as may be necessary, revoke the outdoor advertising permit. In the event that the lessee presents a sworn affidavit or other proper documentation that the lease remains valid, the Department shall accept no new applications, issue further permits or renew existing permits on the property until the lease expires or its validity is determined in a court of competent jurisdiction. Priority shall be to the existing permit holder.

(i) In the event that the Outdoor Advertising Control Branch determines that the permit should not be issued, renewed, or transferred, the applicant shall be so notified in writing. The letter shall state specifically the grounds upon which the requested action is to be denied.

(j) If a sign structure has not been completed within one hundred eighty (180) days of the issuance of the permit, a permanent marker shall be erected to allow for placement of the registration tag.

Okla. Admin. Code § 730:35-5-6

Amended at 10 Ok Reg 4695, eff 10-11-93; Amended at 11 Ok Reg 4697, eff 8-16-94 (emergency); Amended at 12 Ok Reg 1287, eff 5-11-95; Amended at 17 Ok Reg 1384, eff 5-11-00; Amended at 26 Ok Reg 1703, eff 7-1-09