2 CCR 601-3-2.00 - Permitting
2.1
Signs
Requiring a CDOT Permit
A. A permit
from the Department shall be required for all Signs within the Control Area as
provided for in §§
43-1-407 and
408, C. R.S. A permit is required for
all Signs, including:
1. Nonconforming
Advertising Devices [§
43-1-403(12),
C.R.S.];
2. Advertising Devices
located in areas Zoned for Commercial or Industrial Uses by law [§
43-1-404(1)(d) and
(e), and §
43-1-407(1)(c),
C.R.S.]; and
3. Advertising on Bus
Benches and Shelters. [§
43-1-407(2)(a)(I) through
(III), C.R.S.]
4. Repealed.
2.2
Repealed.
2.3
Conditions that Prohibit CDOT from
Issuing or Renewing a Permit [§
43-1-411, and §
43-1-417(3)(a),
C.R.S. and 23 C.F.R. §
750.108]
A.
The Department is prohibited from issuing a Permit for any Advertising Device
pursuant to §
43-1-411, C.R.S. and
23 C.F.R. §
750.108 if the Sign:
1. Does not conform to size, lighting, and
spacing standards as prescribed by these Rules where the Rules were adopted
prior to the erection of the Advertising Device;
2. Would encroach upon the right-of-way of a
public highway absent prior written approval from the Department;
3. Is within 500 feet of the center point of
an intersection of a Controlled Route at grade with another highway or with a
railroad so as to materially obstruct or reduce the existing view of traffic on
the other highway or railway trains approaching the intersection;
4. Is along a Controlled Route where it would
reduce the existing view of traffic in either direction or of traffic control
or official highway signs to less than 500 feet;
5. Includes more than two advertising panels
on an Advertising Device facing the same direction;
6. Required a permit prior to July 1, 1981,
and no permit was obtained;
7.
Simulates any official, directional, or warning sign erected or maintained by
the federal or state government or local governing body which involves light
that simulates or resembles traffic signals or traffic control signs;
8. Is nailed, tacked, posted, or attached in
any manner on trees, plants, fence posts, public utility poles, rocks or other
natural objects; or
9. The
Department is prohibited from issuing or renewing a Permit if the Sign becomes
decayed, insecure, or in danger of falling or otherwise is unsafe or unsightly
due to lack of maintenance or repair, or from any other
cause.
2.4
Required Permit Identification on the Sign [§
43-1-409(4),
C.R.S.]
A. The Sign must display the
following information in a conspicuous location Visible from the Main Traveled
Way:
1. The name of the Permittee or owner of
the Permitted Sign;
2. The Permit
Number Identifier assigned by the Department, which must be affixed within 30
days after the date of issuance;
B. If the name of the Permittee or owner and
the Permit Identifier Number and any other required information is not
conspicuous and Visible as required, the Permit for the device may be revoked
pursuant to Rule 2.11.
2.5
Permit Term [§
43-1-409(1)(a)
-(b), C.R.S.]
A. The Department shall issue a
Permit for up to one year from the date of issuance.
B. If the Advertising Device authorized by a
Permit is not erected within 1 year from the Permit issuance date, then the
Permit is void as of one year from the date it was issued [§
43-1-409(1)(a),
C.R.S.].
C. Permits shall be issued
without proration for periods of less than 1 year. Permit renewals shall be
received before June 1 of each year and shall be issued for a 1 year period
beginning July 1 and ending June 30 the following year.
D. The permit holder may request a
replacement Permit Identifier Number at no additional cost.
2.6
Permit Payment and
Maintenance Requirements [§
43-1-408 and §
43-1-409, C.R.S.]
A. All requirements set forth in §
43-1-408 and §
43-1-409, C.R.S., with respect to
the Permit Application shall be met before a Permit is issued, including the
fee payment for the Permit.
B.
Permit Applications for Advertising Devices located in an area Zoned for
Commercial or Industrial Uses must include proof of the dates of the initial
and current zoning of the proposed Advertising Device's location and any
information that proves that the authorized governmental entity took official
action to zone the area.
C. The
Applicant shall not construct the Advertising Device structure prior to
obtaining a Permit.
D. The
Permittee shall repair, replace, and Maintain in good condition any damaged
Advertising Device structure as allowed in these Rules.
E. A Permit must be obtained from the
Department prior to entering the right-of-way to perform any kind of
work.
2.7
Permit
Renewals[§
43-1-409, C.R.S.]
A. Every Permit must be renewed annually and
accompanied by a renewal fee pursuant to §
43-1-409, C.R.S., with the
exception of Permits related to advertising devices subject to agreements of
certification between CDOT and the local zoning authority.
B. The Permit holder shall, during the term
of the Permit, have the right to change the advertising copy, ornamentation, or
trim on the structure or Sign subject to the Permit without payment of any
additional fee.
C. Renewal fees
shall be assessed in accordance with §
43-1-409, C.R.S.
D. If the renewal fee is not received on or
before May 31, a late fee shall be assessed. The Department shall not waive
late fees.
E. If the Department
does not receive a timely application for renewal, the Department shall give
written notice by certified mail to the Permittee requiring him or her within
60 days of receipt of the notice to apply for a renewal permit and pay an
additional late fee pursuant to §
43-1-409, C.R.S., or remove the
Advertising Device by a certain date. The notice shall include the right of the
Permittee to request a hearing. [§
43-1-412(2)(b),
C.R.S.]
2.8
Permit
Renewals for Advertising Device subject to Agreement of Certification between
Department and Local Zoning [§
43-1-409, C.R.S.]
A. A Permit renewal is not required for an
Advertising Device erected in an area Zoned for Commercial or Industrial Uses
where the local zoning authority has entered into an agreement of certification
with the Department, and the local zoning authority has legal requirements in
place concerning the control of Advertising Devices that are at least as
restrictive as these Rules as to size, lighting, spacing, use and
maintenance.
B. The local zoning
authority's agreement of certification must contain the terms set forth in
§
43-1-409(2),
C.R.S. If the Department determines after public hearing that the local zoning
authority has failed to comply with its agreement of certification, the
Department may rescind the agreement of certification by taking the steps set
forth in §
43-1-409(2),
C.R.S.
C. The Department's action
resulting from this process shall constitute a final agency action.
D. In the event of rescission of the
agreement of certification, the Permittee must renew the Permit.
2.9
Transfers of
Permits [§
43-1-409(7),
C.R.S.]
A. A Permittee may transfer the Permit
to another party.
B. The Permittee
or the other party must file with the Department a transfer form signed by the
Permittee and purchaser or transferee within 60 days of the transfer of legal
interest in the Advertising Device.
C. The transfer form must include the name
and address of the purchaser or transferee, the Permit Identifier Number,
contact information for the Permittee and purchaser or transferee, and a copy
of any lease or sale agreement documenting the transfer.
D. Any change in size, location, or materials
of the Advertising Device shall require a new Permit
application.
2.10
Permits for Bus Benches and Bus Shelters [§
43-1-407(2)(A)(I) and
(II), C.R.S.]
A. The Department shall issue a Permit to
erect or Maintain an Advertising Device on a bus bench or bus shelter located
within the right-of-way of any State Highway or on land adjacent to or Visible
from the right-of-way of any State Highway if the local governing body having
authority over the State Highway pursuant to §
43-2-135, C.R.S. has approved such
Advertising Device.
B. The
Department shall accept the local Permit as a state-approved Permit if the
approval procedure of the local governing body included a determination that
the Advertising Device does not restrict pedestrian traffic and is not a safety
hazard to the motoring public. [§
43-1-407(2)(a)(I),
C.R.S.]
C. The Department shall not
impose any additional or more strict requirements for Advertising Device
Permits on bus benches or bus shelters than those imposed by a local governing
body unless required by federal law, or based on safety requirements for bus
benches or shelters.
D. If the bus
bench or bus shelter is located on a Controlled Route outside of a city, city
and county, or incorporated town, the Department shall have direct authority
over the issuance of a permit. [§
43-1-417, C.R.S. and
43-2-135,
C.R.S.]
2.11
Permit
Denial, Revocation, or Denial of Renewal [23 C.F.R. §
750.104; §
43-1-410, C.R.S.]
A. The Department may deny, revoke, or deny
the renewal of a Permit for any violation of state or federal law or these
Rules, including but not limited to:
1. False
or misleading information in the Permit application or renewal;
2. Failure to maintain the Sign in good
repair;
3. Failure to comply with
all Permit provisions;
4.
Increasing the permitted size of an Advertising Device; or
5. Any violation of federal law referenced
herein, §
43-1-401, et seq., C.R.S. or these
Rules.
B. The Department
will notify the Applicant or Permittee in writing stating the reasons for the
denial of the application, the denial of the renewal of the Permit, or the
revocation of the Permit along with the opportunity to request a hearing as set
forth in Rule 5.00.
Notes
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