Section 1680-06-03-.04 - PERMITS, RENEWALS, AND ADMINISTRATIVE HEARINGS(1) Application Requirements for New Outdoor Advertising Device Permits. (a) No person shall construct, erect, operate, use, maintain, or cause or permit to be constructed, erected, operated, used or maintained, any outdoor advertising device visible from the main traveled way of the interstate system or primary system, and subject to regulation under Title 54, Chapter 21 of the Tennessee Code, without first obtaining from the Department a permit and tag authorizing the same. An outdoor advertising device that is erected prior to obtaining the required permit shall be considered illegal and subject to removal at the expense of the owner as provided in T.C.A. § 54-21-105. The Department shall not require any additional permit under this subparagraph for an outdoor advertising device lawfully permitted, erected, and in operation under the Billboard Regulation and Control Act of 1972 prior to the effective date of the Outdoor Advertising Control Act of 2020.(b) The outdoor advertising device permit application form and related forms may be viewed on the Department's Outdoor Advertising Office website, which can be found at https://www.tn.gov/content/tn/tdot/right-of-way-division/outdooradvertising.html. An original permit application form and related forms may be obtained from the Department's Outdoor Advertising Office at the following address:
Tennessee Department of Transportation
Outdoor Advertising Office
Suite 400, James K. Polk Bldg.
505 Deaderick Street Nashville, TN 37243
Telephone No. 615-741-2877
Email: TDOT.ODA@tn.gov
(c) A complete original application for an outdoor advertising device permit must be hand delivered or mailed to the Department's Outdoor Advertising Office in Nashville at the address indicated above. No faxed or emailed application materials will be accepted.(d) In addition to a completed application form, a complete application for an outdoor advertising device permit shall also include the following; provided, however, that an outdoor advertising device that was not subject to regulation under Title 54, Chapter 21, of the Tennessee Code at the time it was erected but has been subsequently brought under such regulation is exempt from the requirements established in parts 2. and 3. of this subparagraph (d), as provided in T.C.A. § 54-21-104: 1. Payment of the application fee by check or money order made payable to the Tennessee Department of Transportation and in the amount established in T.C.A. § 54-21-104 (provided that payment in cash will be accepted if personally delivered to the Outdoor Advertising Office in Nashville);2. A map or scaled drawing that indicates and labels the following: (i) The property lines of the real property within which the outdoor advertising device is to be located;(ii) The location of the regulated highway(s) on the interstate or primary system along which the outdoor advertising device permit is requested and any other public roads adjacent to the property;(iii) The location and property lines of the State's highway right-of-way;(iv) The location of the proposed outdoor advertising device within the property; and(v) The public road, driveway, or other means by which the applicant can obtain access to the real property where the proposed outdoor advertising device is to be located without using direct ingress and egress across or using any part of the state highway right-of-way.3. A signed and notarized affidavit from the property owner or permanent easement owner (on a form provided by the Outdoor Advertising Office), as follows: (i) If the applicant is the property owner, the affidavit shall:(I) Certify the applicant's ownership interest in the property; and(II) Attach a copy of the applicant's most recent property record in the Assessor of Property's Office of the county in which the property is located. If this record is available online, the Department will accept a printout of this document. The name of the property owner on the application must match the property owner's name on the affidavit exactly as the name on the property record card; provided, however, that the applicant may submit evidence, e.g., a copy of a deed or bill of sale, demonstrating that the name on the property record is out of date.(ii) If the applicant is the owner of a permanent easement granting the applicant the right to construct and operate an outdoor advertising device on the property, the affidavit shall: (I) Certify the applicant's easement interest in the property;(II) Attach a copy of the deed granting the applicant a permanent easement right to construct and operate an outdoor advertising device on the property. The name of the easement owner on the application must match the easement owner's name on the affidavit exactly as the easement owner's name on the deed granting the easement; and(III) Attach a copy of the most recent property record in the Assessor of Property's Office of the county in which the property is located. If this record is available online, the Department will accept a printout of this document. Alternatively, the applicant may submit evidence, e.g., a copy of a deed or bill of sale, demonstrating that the name on the property record is out of date.(iii) If the applicant is not the property owner or owner of a permanent easement granting the applicant the right to construct and operate an outdoor advertising device on the property, the affidavit shall:(I) Certify that the property owner or owner of the permanent easement has given the applicant permission to construct and operate the proposed outdoor advertising device at the proposed location, or that a lessee or other person authorized by the property owner or owner of the permanent easement has given such permission, in which case the applicant shall provide an affidavit jointly signed by the property owner or owner of the permanent easement and the lessee or other person attesting that such permission has been given; and(II) Attach a copy of the property owner's most recent property record in the Assessor of Property's Office of the county in which the property is located. If this record is available online, the Department will accept a printout of this document. In addition, if applicable, attach a copy of the deed granting the permanent easement right to construct and operate an outdoor advertising device on the property. If the joint affidavit is signed by the property owner, the name of the property owner on the application must match the property owner's name on the affidavit exactly as the name on the property record card; provided, however, that the applicant may submit evidence, e.g., a copy of a deed or bill of sale, demonstrating that the name on the property record is out of date. If the joint affidavit is signed by the owner of the permanent easement, the name of the easement owner on the application must match the easement owner's name on the affidavit exactly as the easement owner's name on the deed granting the permanent easement.(e) The applicant shall mark the proposed location of the outdoor advertising device in the field by placing a stake in the ground, the top of which shall be not less than four (4) feet above ground level, at the precise location on the owner's property where the device is proposed to be located; provided, however, that if the proposed location of the device is in a paved area, the precise location shall be marked on the pavement in paint. The stake or mark shall identify the applicant. An outdoor advertising device that was not subject to regulation under Title 54, Chapter 21, of the Tennessee Code at the time it was erected but has been subsequently brought under such regulation is exempt from the requirements of this subparagraph (e), as provided in T.C.A. § 54-21-104.(2) Processing of Applications. (a) No application for an outdoor advertising device permit will be considered unless the completed application form and all other documents required by these rules have been filed in the Department's Outdoor Advertising Office in Nashville. It is the applicant's responsibility to verify that all information and documents required for a complete application are accurate and complete.(b) If the application is incomplete or defective on its face, the Department shall notify the applicant regarding the application's incomplete or defective status no later than fifteen (15) days after receipt of the filed application. The notice shall indicate the information or documentation that is needed to complete or correct the application. The notice shall give the applicant a deadline of fifteen (15) days after the date the written notice is sent, or to the end of the next regular business day if the fifteenth (15th) day falls on a weekend or official state holiday, within which to complete or correct the filed application. If the applicant fails to complete or correct the application by the established deadline, the application shall be considered incomplete and shall be returned without further processing, as provided below. The applicant shall be responsible for verifying that the entire application package is accurate and complete, notwithstanding any action or omission by the Department, and the applicant shall not be given a second opportunity to complete or correct the application. This shall not be construed to prevent the applicant from submitting a subsequent application for a permit at the same location.(c) All documents included with an incomplete application shall be returned to the applicant without being processed, and the application fee shall be returned or refunded. If the incomplete application is accompanied by any other documents pertaining to the permitting of any outdoor advertising device, including without limitation a request to cancel another outdoor advertising device permit or the cancellation of a previous request for hearing, the entire package will be returned to the applicant with the incomplete application without being processed.(d) If an application is withdrawn or returned for any reason, and the applicant chooses to resubmit the application, the subsequently filed application, if complete, shall be processed as a new application as of the date it is received and shall be given a new application number.(e) The return of an incomplete application, and any accompanying materials, without processing in accordance with these rules is not a final administrative action subject to appeal or an administrative hearing.(f) Complete applications will be considered on a first come, first served basis and processed in order of time stamped at the Department's Outdoor Advertising Office upon receipt.(g) The Department will use its best efforts to process an application, in accordance with these rules, within no greater than sixty (60) days after receipt of a complete application. If a decision either to issue or deny the permit cannot be made within sixty (60) days, the Department will contact the applicant prior to the expiration of the sixty (60) days to provide an explanation of the reasons why additional time is needed to process the application.(h) Upon determining that an application is complete, the Outdoor Advertising Office will forward the complete application to Department personnel assigned to conduct a field inspection.(i) Upon receiving a complete application, the assigned Department personnel will initiate a field inspection of the proposed location for the outdoor advertising device.(j) If the Department finds that the actual proposed location is not marked on the pavement or staked in the field by a stake as required in these rules, the Outdoor Advertising Office will be notified, and the application will be denied. Prior to denying an application, the Department will attempt to contact the applicant so that the defect may be cured.(k) If the proposed location is marked or staked as required, the Department will complete the field inspection. If the field inspection indicates that the proposed outdoor advertising device location would fail to meet the minimum spacing required by law due to a conflict with the location of an earlier filed application, or with the location of an existing permit that the Department has deemed voidable under these rules, the Outdoor Advertising Office will be notified that a minimum spacing conflict exists.(l) Because applications must be considered on a first come, first served basis, the Department shall proceed as follows when a minimum spacing conflict exists: 1. If an application is submitted for a proposed location that has a minimum spacing conflict with the location proposed in an earlier filed application, the Department shall first determine whether to grant or deny the permit requested in the earlier filed application and proceed as follows:(i) If the earlier filed application is granted, the Department shall deny the later filed application.(ii) If the earlier filed application is denied, the later filed application will not be processed until such time as the earlier applicant has an opportunity to request a hearing on the denial and then as follows:(I) If the earlier applicant makes a timely request for a hearing, the later filed application, including the application fee and all documents accompanying the application shall be returned to the applicant without processing.(II) If the earlier applicant does not make a timely request for hearing, the later filed application will be processed and either granted or denied in accordance with these rules.2. If an application is submitted for a proposed location that has a minimum spacing conflict with the location of an existing outdoor advertising device having a permit that the Department has deemed voidable under these rules, but which remains in a pending status because the holder of the permit still has the opportunity to undertake remedial action or to request a hearing, or because the holder of the permit has requested a hearing but the case has not been finally adjudicated, the application for the new outdoor advertising device permit, including the application fee and all documents accompanying the application, shall be returned to the applicant without processing.(m) If the proposed location is properly marked on the pavement or staked in the field and there does not appear to be any minimum spacing conflict with a pending application or permit, the Department will complete the field inspection in consideration of the zoning, spacing and other requirements for permitting an outdoor advertising device under these rules.(n) Apart from the failure to meet any other requirement of these rules, if it is determined by the Department that the applicant is unable to obtain access to the proposed location to erect and maintain an outdoor advertising device except by direct ingress and egress across the state highway right-of-way, or by breaching the State's right of access control, if any, or by using some part of the State's right-of-way, then the application shall be denied.(o) Upon completing the field inspection, a written field inspection report will be submitted to the Outdoor Advertising Office.(p) The Outdoor Advertising Office will review the field inspection report to verify that it is complete and accurate. If not, the report will be returned for additional field inspection work. If the report is complete and accurate, the Department shall make the determination to grant or deny the requested outdoor advertising permit.(q) If the Department grants the permit, a serially numbered permit and metal tag will be issued to the applicant. The permit and metal tag shall be issued only for the specific outdoor advertising sign face identified on the approved application and only for the precise location footprint as marked on the pavement or as staked in the field. Under no circumstances shall a permit and/or tag be used for or moved to any other location.(r) If the Department decides to deny the permit, the Department will send a copy of the disapproved application to the applicant with a letter explaining the reason for the permit denial. The application fee shall not be refunded. The applicant shall have a right to appeal the denial of the permit as provided Rule 1680-06-03-.04(8) below.(s) If an outdoor advertising device was not subject to regulation under Title 54, Chapter 21, of the Tennessee Code at the time it was erected but has been subsequently brought under such regulation, the Department shall process the application as provided in T.C.A. § 54-21-104(b)(2). 1. The application must be accompanied by payment of the application fee set in T.C.A. § 54-21-104(b)(2)(C).2. The Department shall not deny a permit for an existing outdoor advertising device under this subparagraph (s) solely because the outdoor advertising device does not meet the size, lighting, spacing, or zoning criteria that are required for new outdoor advertising devices under current law and regulations.3. An application for a permit may be denied on other grounds under this subparagraph (s) only as otherwise provided in current law or regulations, including as follows: (i) The outdoor advertising device is located within or encroaches upon state highway right-of-way;(ii) There is no access to the outdoor advertising device for maintenance or operational purposes except by direct access from state highway right-of-way or across the state's access control limits;(iii) The applicant for the permit is subject to enforcement action under T.C.A. § 54-21-105(c); or(iv) Issuance of the permit would violate federal law.4. If the Department determines that the permit should be denied on any of the grounds provided in part 3. above, the Department will proceed as follows:(i) Before denying the permit, the Department shall notify the applicant in writing of the violation or circumstance that prevents issuance of the permit. The notice shall also give the applicant a reasonable amount of time to undertake such action, if any, that would cure the violation. At a minimum, the notice shall state that the applicant has forty-five (45) days within which to complete the remedial action or to request an administrative hearing to contest the proposed denial.(ii) Upon written request of the applicant, and for good cause shown, the Department may extend the time for completing the remedial action for up to an additional one hundred fifty (150) days, which may be made subject to the condition that the applicant remove all advertising content from the device.(iii) If the applicant cures the violation, the Department shall issue the permit, but if the applicant fails to cure the violation, the Department shall deny the permit.5. Any permit that is issued under this subparagraph (s) must indicate whether the outdoor advertising device is characterized and regulated as a conforming or nonconforming device under these rules based upon the conditions and laws in effect on the date of the Department's field inspection. The Department shall notify the applicant in writing of the reason or reasons for characterizing a device as nonconforming.6. The applicant has the right to appeal the Department's decision in accordance with this rule and the applicable provisions of the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5, of the Tennessee Code.(3) Application Requirements for Changeable Message Signs with a Digital Display. (a) A person shall not erect, operate, use, or maintain a changeable message sign with a digital display in a new location without first obtaining a permit and tag expressly authorizing a changeable message sign with a digital display, and annually renewing the permit and tag, as provided in § 54-21-104. The Department shall not require any additional permit under this subparagraph for an outdoor advertising device with a digital display lawfully permitted, erected, and in operation under the Billboard Regulation and Control Act of 1972 prior to the effective date of the Outdoor Advertising Control Act of 2020.(b) A person shall not erect, operate, use, or maintain a changeable message sign with a digital display in place of or as an addition to any existing permitted outdoor advertising device without first obtaining, and annually renewing with the permit, an addendum to the permit expressly authorizing a changeable message sign with a digital display in that location as provided in T.C.A. § 54-21-104(b)(3) and this paragraph (3). An outdoor advertising device authorized by a valid permit from the Department that was effective on September 10, 2019, and has been upgraded to a changeable message sign with a digital display between September 11, 2019, and June 22, 2020, the effective date of the Outdoor Advertising Control Act of 2020, is required to apply for an addendum to the permit in accordance with this subparagraph. The Department shall charge an application fee of seventy dollars ($70.00) for the addendum to the permit and shall process the application in the same manner as provided for an original permit under subparagraph (2)(s).(c) The Commissioner shall under no circumstances permit or authorize any person to erect, operate, use, or maintain a changeable message sign of any type as a replacement for or as an addition to any nonconforming outdoor advertising device or in any nonconforming location.(d) Notwithstanding any other law to the contrary, a person who is granted a permit or an addendum to a permit authorizing a changeable message sign with a digital display in accordance with subparagraphs (a) or (b) has up to, but no more than, twelve (12) months after the date on which the permit or addendum is granted within which to erect and begin displaying an outdoor advertising message on the changeable message sign; provided, however, that prior to the expiration of this twelve-month period, and upon making application to the Commissioner and paying an additional permit fee in the amount of two hundred dollars ($200), the permit holder may obtain an additional twelve (12) months within which to erect and begin displaying an outdoor advertising message on the changeable message sign. This additional two-hundred-dollar ($200) fee is separate from any annual permit renewal fee required under § 54-21-104. If the permitted or authorized changeable message sign with a digital display is not erected and displaying a message within the required time, or as extended, the permit or addendum to the permit will be revoked and the changeable message sign with the digital display must be removed by the applicant or subject to removal by the Commissioner as provided in § 54- 21-105.(4) Requirements for Construction of a Permitted Outdoor Advertising Device.(a) If a permit is issued, the permit holder must erect the support structure and attach the sign face at the approved location within one hundred and eighty (180) days from the date the permit is issued. A copy of the approved application must be on-site in the possession of the permit holder, or any person acting on behalf of the permit holder during the construction of the device. If the device is not fully constructed within the one hundred eighty (180) day period, the permit shall be voidable.(b) The dimensions of the sign face on the outdoor advertising device, as built, must conform to the dimensions of the proposed sign face as described in the approved application; provided, however, that upon giving prior written notice thereof to the Department's Outdoor Advertising Office the permittee may construct a sign face with dimensions that are smaller than the dimensions described in the approved application so long as the constructed sign face is at least twenty square feet (20 sq. ft.) in total area and both the sign face and the tag affixed to the device will be visible to the main traveled way of the highway. If the permit holder does not construct the sign face in accordance with the approved application or as modified in accordance with this subparagraph, the permit shall be voidable. (c) The tag must be affixed to the outdoor advertising device and visible from the main traveled way of the highway on which the outdoor advertising device is permitted. If the tag is not attached and visible as required, the outdoor advertising permit for that device shall be voidable; provided, however, if after construction of the device the growth of vegetation on the highway right-of-way prevents visibility of the tag from the main traveled way of the highway, the Department may waive this visibility requirement.(d) Neither the permit holder nor any person acting on behalf of the permit holder shall obtain access to the site of the outdoor advertising device by direct ingress and egress across the state highway right-of-way, nor shall the permit holder or any such person use any part of the State's highway right-of-way, to erect or maintain the outdoor advertising device. No equipment used by the permit holder or any such person to construct or maintain the outdoor advertising device shall encroach upon the right-of-way. Removal of any access control fence or any breach of the Department's right of access control is strictly prohibited. If any of these provisions are violated, the permit shall be voidable.(e) It is the responsibility of the permit holder to locate the state highway right-of-way property line. No outdoor advertising device shall under any circumstances be allowed on the State's highway right-of-way. Any outdoor advertising device located partly or entirely on the State's highway right-of-way shall be considered an encroachment subject to removal at the owner's expense under the provisions of T.C.A. § 54-5-136.(5) Determining the Location of an Outdoor Advertising Device. (a) For the purposes of issuing permits and regulating outdoor advertising devices in accordance with the Title 54, Chapter 21, of the Tennessee Code and these rules, the location of a permitted outdoor advertising device is determined by the location of the supporting monopole, or by the location of the supporting pole nearest to the highway in the case of a device erected on multiple supporting poles.(b) Notwithstanding subparagraph (a), if a permitted multiple-pole device may be lawfully reconstructed, the replacement of the supporting poles with a monopole is not considered a change of location requiring a new permit if:1. The permittee gives advance notice to, and receives the prior approval of, the Department before reconstructing the outdoor advertising device;2. The monopole is erected within the line segment defined by the previous supporting poles; and3. The location of the monopole meets applicable spacing requirements.(6) Voiding of Permits. (a) The Commissioner has the authority to void an outdoor advertising device permit under the following conditions: 1. Any negligent or intentional misrepresentation of material fact on any application submitted pursuant to these rules; or2. Any violation of one or more of the requirements for a permit under Federal or State law or these rules.(b) In the event the Department deems a permit voidable under these rules, the Department shall give notice either by certified mail or other form of return receipt mail or by personal service to the permit holder; provided, however, that notice shall be deemed effective if the permit holder refuses to accept delivery of the certified mail or other return receipt mail. Such notice shall identify the alleged violation that renders the permit voidable; specify the remedial action, if any, which is required to correct the violation; and advise that failure to complete the remedial action within forty-five (45) days or to request a hearing to contest the alleged violation within forty-five (45) days will result in the permit becoming void, the right to a hearing waived, and the outdoor advertising device subject to removal and other enforcement action under T.C.A. § 54-21-105.(c) Once a permit is issued for a location, the Department will not void a permit based on a change in property ownership or the lack of consent of the property owner for the permit owner to operate and maintain an outdoor advertising device at this location unless the permit holder requests that the permit be voided or there is a court order stating, in effect, that the permit holder has no legal right to operate or maintain an outdoor advertising device at that location.(7) Investigations.(a) If the Department has reason to believe that a sign is being operated, in whole or part, as an outdoor advertising device without first obtaining a permit as required under T.C.A. § 54-21-104, the Department may issue an investigative request to the owner or operator of the sign, the owner of the property, or any other person for the purpose of obtaining relevant documents or information to determine whether the sign is being operated as an outdoor advertising device.(b) If, after being served with an investigative request by the Department under subparagraph (a), the person provides the requested documents or information and the Department determines that the sign is being operated as an outdoor advertising device in violation of T.C.A. §§ 54-21-103 and 54-21-104, the Department shall issue a written order to the owner or operator of the outdoor advertising device explaining the basis for determining that the sign is an outdoor advertising device and directing the owner or operator of the device to remedy the violation by applying for the applicable outdoor advertising device permit, or by removing the unlawful device, as appropriate, by the date set forth in the order, which shall be no less than sixty (60) days after the date of the order.(c) The person may appeal the Department's order under subparagraph (b) by filing a written notice of appeal with the Department within thirty (30) days of the date on which the order is issued. If an appeal is timely filed with the Department, the Department shall initiate a contested case proceeding under the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5, to hear the person's appeal.(d) If a person fails to comply with the Department's investigative request under subparagraph (a), or if the Department reasonably believes the documents or information provided are incomplete or inaccurate, the Department may initiate a contested case proceeding under the Uniform Administrative Procedures Act to compel the production of relevant documents or information and to determine whether the outdoor advertising device is being operated in violation of §§ 54-21-103 and 54-21-104 and therefore subject to enforcement action under § 54-21-105.(8) Administrative Hearings. (a) If an application for an outdoor advertising device permit is processed by the Department and subsequently denied, or if the permit for an existing device has been deemed voidable under these rules, the applicant shall have forty-five (45) days from the date of the receipt of the denial letter or notice to request, in writing, an administrative hearing concerning the grounds upon which the permit was denied or is deemed to be voidable. The request for hearing shall state the specific facts and provisions of law upon which the applicant relies to contest the denial or voiding of the permit.(b) If an administrative hearing is requested in the allotted time to contest the denial of an application for a permit, the application shall remain in a pending status until the matter has been finally adjudicated by a final administrative order, a final court order upon judicial review, or by agreement of the parties.(c) If an administrative hearing is requested in the allotted time to contest the grounds upon which the Department has deemed a permit to be voidable, the permit shall not be eligible for renewal and shall be placed in a pending status until the matter has been finally adjudicated by a final administrative order, a final court order upon judicial review, or by agreement of the parties. If the final order or agreement results in reinstatement of the permit, the permit holder shall be responsible for payment of all annual permit renewal back fees from the date of the hearing request. After the back fees are paid, the permit will be returned to active status and shall be eligible for renewal.(d) A hearing on the denial or proposed voiding of an outdoor advertising device permit shall be conducted as provided in the Uniform Administrative Procedures Act, Tennessee Code Annotated §§ 4-5-101, et seq., and the Rules of the Tennessee Department of State, Administrative Procedures Division, Chapter 1360-04-01.(e) The return of an application, and any accompanying materials, without processing in accordance with these rules is not a final administrative action subject to appeal or an administrative hearing. Accordingly, the Department shall not initiate or accept any request for an administrative hearing based on the return of an application or any accompanying materials without processing.(f) The Department has no authority to resolve any dispute between the permit holder and the current property owner concerning the terms of the permit holder's lease or any other claim the permit holder may have to remain on the property. Accordingly, the Department shall not initiate or accept any request for an administrative hearing to resolve any such dispute.(9) Replacement Tags for Outdoor Advertising Devices. Replacements for stolen, vandalized, lost, or illegible tags may be obtained from the Department's Outdoor Advertising Office. Requests for replacement tags must be made in writing and accompanied by a check or money order, payable to the Tennessee Department of Transportation, for the amount of the replacement tag fee as provided in T.C.A. § 54-21-104 (provided that payment in cash will be accepted if personally delivered to the Outdoor Advertising Office in Nashville).
(10) Annual Renewal of Permits for Outdoor Advertising Devices.(a) Permits shall be renewed annually between November 1st and December 31st.(b) For each permit that is to be renewed, the permit holder shall return the renewal form together with payment of the annual renewal fee by check or money order made payable to the Tennessee Department of Transportation and in the amount provided in T.C.A. § 54-21-104 (provided that payment in cash will be accepted if personally delivered to the Department's Outdoor Advertising Office in Nashville).(c) The permit holder shall notify the Department's Outdoor Advertising Office of any change in the permit holder's mailing address.(d) Permits and tags shall be voidable on January 1 of each year if not renewed by December 31 of the prior year.(e) In the event that a permit holder fails to renew a permit as provided in these rules, the permit will not be considered void until the Department has given the permit holder notice of the failure to renew and the opportunity to correct the unlawfulness, as provided in T.C.A. § 54-21-105(b). The Department must send the notice of the failure to renew within sixty (60) days after the failure to renew. The failure to renew may be remedied by submitting a late renewal form and paying the annual permit renewal fee together with a late fee, in the total amount of two hundred dollars ($200), within one hundred twenty (120) days of receipt of the notice. If a permit holder fails to renew the permit within this one hundred twenty (120) day notice period, then the permit is void and the outdoor advertising device is considered unlawful and subject to removal as further provided in T.C.A. § 54-21-105. The notice given by the Department must include the requirements for renewal and consequences of failure to renew as provided in this subparagraph (e).(11) Transfer of Outdoor Advertising Device Permits.(a) If a permit holder chooses to transfer a permit to another company or individual, the transfer request must be in writing and signed by the current permit holder and sent to the Department's Outdoor Advertising Office. It must include a check or money order payable to the Tennessee Department of Transportation for the amount of the transfer fee as provided in T.C.A. § 54-21-104 (provided that payment in cash will be accepted if personally delivered to the Outdoor Advertising Office in Nashville).(b) Permits and tags are issued for a particular sign face and outdoor advertising device location and may not be moved to or used for any other location.Tenn. Comp. R. & Regs. 1680-06-03-.04
Transfer from chapter 1680-02-03 and amendments filed February 14, 2024; effective 5/14/2024.Authority: T.C.A. §§ 54-21-104, 54-21-105, and 54-21-111.