Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 198 (2025GS)

Sponsor

Rep. Peterson, Val L.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to the relocation of a billboard if the billboard was obstructed or impacted by the widening, construction, reconstruction, or other improvements appurtenant to the relevant highway.

Every vote on this bill

Bill text

11
72-7-510
72-7-510.5
72-7-513
0
Highway Expansion Impacts on Signage Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: John D. Johnson
LONG TITLE
General Description:
This bill amends provisions related to the relocation of a billboard due to road construction 
or other highway changes.
Highlighted Provisions:
This bill:
amends provisions related to the relocation of a billboard if the billboard was obstructed 
or impacted by the widening, construction, reconstruction, or other improvements 
appurtenant to the relevant highway.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-7-510
, as last amended by Laws of Utah 2008, Chapter 3
72-7-510.5
, as last amended by Laws of Utah 2009, Chapter 170
72-7-513
, as last amended by Laws of Utah 1999, Chapter 72
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
72-7-510
 is amended to read:
72-7-510
. Existing outdoor advertising not in conformity with part -- Procedure 
-- Eminent domain -- Compensation -- Relocation.
(1)
As used in this section, "nonconforming sign" means a sign that has been erected in a 
zone or area other than commercial or industrial or where outdoor advertising is not 
permitted under this part.
(2)
(a)
The department may acquire by gift, purchase, agreement, exchange, or eminent 
domain, any existing outdoor advertising and all property rights pertaining to the 
outdoor advertising which were lawfully in existence on May 9, 1967, and which by 
reason of this part become nonconforming.
(b)
If the department, or any town, city, county, governmental entity, public utility, or 
any agency or the United States Department of Transportation under this part, 
prevents the maintenance as defined in Section 
72-7-502
, or requires that 
maintenance of an existing sign be discontinued, the sign in question shall be 
considered acquired by the entity and just compensation will become immediately 
due and payable.
(c)
Eminent domain shall be exercised in accordance with the provision of 
Title 78B, 
Chapter 6, Part 5, Eminent Domain
.
(3)
(a)
Just compensation shall be paid for outdoor advertising and all property rights 
pertaining to the same, including the right of the landowner upon whose land a sign is 
located, acquired through the processes of eminent domain.
(b)
For the purposes of this part, just compensation shall include the consideration of 
damages to remaining properties, contiguous and noncontiguous, of an outdoor 
advertising sign company's interest, which remaining properties, together with the 
properties actually condemned, constituted an economic unit.
(c)
The department is empowered to remove signs found in violation of Section 
72-7-508
without payment of any compensation.
(4)
Except as specifically provided in this section or Section 
72-7-513
, this part may not be 
construed to permit a person to place or maintain any outdoor advertising adjacent to 
any interstate or primary highway system which is prohibited by law or by any town, 
city, or county ordinance. Any town, city, county, governmental entity, or public utility 
which requires the removal, relocation, alteration, change, or termination of outdoor 
advertising shall pay just compensation as defined in this part and in 
Title 78B, Chapter 
6, Part 5, Eminent Domain
.
(5)
Except as provided in Section 
72-7-508
, no sign shall be required to be removed by the 
department nor sign maintenance as described in this section be discontinued unless at 
the time of removal or discontinuance there are sufficient funds, from whatever source, 
appropriated and immediately available to pay the just compensation required under this 
section and unless at that time the federal funds required to be contributed under 23 
U.S.C., Sec. 131, if any, with respect to the outdoor advertising being removed, have 
been appropriated and are immediately available to this state.
(6)
(a)
If any outdoor advertising use, structure, or permit may not be continued because 
of the widening, construction, or reconstruction along an interstate, federal aid 
primary highway existing as of June 1, 1991, or national highway systems highway, 
the owner shall have the option to relocate and remodel the use, structure, or permit 
to another location
:
(i)
within the same municipality or unincorporated county
:
(i)
(A)
on the same property;
(ii)
(B)
on adjacent property;
(C)
on either side of the same highway; or
(iii)
on the same highway within 5280 feet of the previous location, which may be 
extended 5280 feet outside the areas described in Subsection 
72-7-505(3)(c)(i)(A)
, 
on either side of the same highway; or
(iv)
(D)
mutually agreed upon by the owner and the county or municipality in 
which the use, structure, or permit is located
.
; or
(ii)
within a different municipality or unincorporated county mutually agreed upon by 
the owner and the different municipality or county.
(b)
The relocation under Subsection 
(6)(a)
 shall be in a commercial or industrial zoned 
area or where outdoor advertising is permitted under this part.
(c)
The county or municipality in which the use or structure is located 
or is to be 
relocated as described in Subsection (6)(a) 
shall, if necessary, provide for the 
relocation and remodeling by ordinance for a special exception to its zoning 
ordinance.
(d)
The relocated and remodeled use or structure may be:
(i)
erected to a height and angle to make it clearly visible to traffic on the 
main-traveled way of the highway to which it is relocated or remodeled;
(ii)
the same size and at least the same height as the previous use or structure, but the 
relocated use or structure may not exceed the size and height permitted under this 
part;
(iii)
relocated to a comparable vehicular traffic count.
(7)
(a)
The governmental entity, quasi-governmental entity, or public utility that causes 
the need for the outdoor advertising relocation or remodeling as provided in 
Subsection 
(6)(a)
 shall pay the costs related to the relocation, remodeling, or 
acquisition.
(b)
If a governmental entity prohibits the relocation and remodeling as provided in 
Subsection 
(6)(a)
(6)(a)(i)
, it shall pay just compensation as provided in Subsection 
(3)
.
Section 2, Section 
72-7-510.5
 is amended to read:
72-7-510.5
. Height adjustments for outdoor advertising signs.
(1)
If the view and readability of an outdoor advertising sign, including a sign that is a 
nonconforming sign as defined in Section 
72-7-510
, a noncomplying structure as 
defined in Sections 
10-9a-103
 and 
17-27a-103
, or a nonconforming use as defined in 
Sections 
10-9a-103
 and 
17-27a-103
 is obstructed due to a noise abatement or safety 
measure, grade change, construction, directional sign, highway widening, or aesthetic 
improvement made by an agency of this state, along an interstate, federal aid primary 
highway existing as of June 1, 1991, national highway systems highway, or state 
highway or by an improvement created on real property subsequent to the department's 
disposal of the property under Section 
72-5-111
, the owner of the sign may:
(a)
adjust the height of the sign;
 or
(b)
if the sign is located along an interstate, federal aid primary highway existing as of 
June 1, 1991, or national highway systems highway, relocate the sign to either side of 
the same highway, within the same municipality or unincorporated county, if the sign 
complies with the spacing requirements under Section 
72-7-505
 and is in a 
commercial or industrial zone;
(c)
if the sign is located along a state highway, relocate the sign to either side of the 
same highway, within the same municipality or unincorporated county, to a point 
within one mile of the sign's prior location, if the sign complies with the spacing 
requirements under Section 
72-7-505
 and is located in a commercial or industrial 
zone; or
(d)
relocate the sign to a location that is mutually agreed upon by the owner and:
(i)
the same municipality or unincorporated county in which the obstructed sign is 
located; or
(ii)
any other municipality or unincorporated county.
(b)
relocate the sign to a point within 500 feet of its prior location, if the sign complies 
with the spacing requirements under Section 
72-7-505
 and is in a commercial or 
industrial zone.
(2)
A height adjusted sign under this section does not constitute a substantial change to the 
sign.
(3)
The county or municipality in which the 
outdoor advertising
obstructed
 sign is located 
or is to be relocated 
shall, if necessary, provide for the height adjustment or relocation 
by ordinance for a special exception to its zoning ordinance.
(4)
(a)
The height adjusted sign:
(i)
may be erected:
(A)
to a height to make the entire advertising content of the sign clearly visible; 
and
(B)
to an angle to make the entire advertising content of the sign clearly visible; 
and
(ii)
shall be the same size as the previous sign.
(b)
The provisions of Subsection 
(4)(a)
 are an exception to the height requirements 
under Section 
72-7-505
.
Section 3, Section 
72-7-513
 is amended to read:
72-7-513
. Relocation on state highways.
(1)
As used in this section, "state highway" means those highways designated as state 
highways in 
Title 72, Chapter 4, Designation of State Highways Act
Chapter 4, 
Designation of State Highways Act
, on July 1, 1999, and any subsequently designated 
state highway.
(2)
If any outdoor advertising use or structure may not be continued because of the 
widening, construction, or reconstruction along a state highway, the owner shall have 
the option to relocate and remodel the use or structure to another location:
(a)
within the same municipality or unincorporated county:
(a)
(i)
on the same property;
(b)
(ii)
on adjacent property;
(c)
(iii)
on either side of the same highway if the new location is 
within 
2640 feet
one mile
 of the previous location
 on either side of the same highway
; or
(d)
(iv)
another location 
mutually agreed upon by the owner and the county or 
municipality in which the use, structure, or permit is located
.
; or
(b)
another location mutually agreed upon by the owner and another municipality or 
county.
(3)
The relocation under Subsection 
(2)
 shall be in a commercial or industrial zoned area or 
where outdoor advertising is permitted under this part.
(4)
The county or municipality in which the use or structure is located 
or is to be relocated 
under Subsection (2) 
shall, if necessary, provide for the relocation and remodeling by 
ordinance for a special exception to its zoning ordinance.
(5)
The relocated and remodeled use or structure may be:
(a)
erected to a height and angle to make it clearly visible to traffic on the main-traveled 
way of the highway to which it is relocated or remodeled;
(b)
the same size and at least the same height as the previous use or structure, but the 
relocated use or structure may not exceed the size and height permitted under this 
part;
(c)
relocated to a comparable vehicular traffic count.
(6)
(a)
The governmental entity, quasi-governmental entity, or public utility that causes 
the need for the outdoor advertising relocation or remodeling as provided in 
Subsection 
(2)
 shall pay the costs related to the relocation, remodeling, or acquisition.
(b)
If a governmental entity prohibits the relocation and remodeling as provided in 
Subsection 
(2)(a)
, 
(b)
, or 
(c)
, it shall pay just compensation as provided in 
Subsection 
72-7-510(3)
.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:08 PM