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Utah House narrowly approves bill letting billboard owners raise signs blocked by sound walls
Summary
The House passed House Bill 400, a narrowly drawn measure allowing certain existing billboards that become obstructed by sound barriers to be adjusted upward or downward without being deemed a material change; supporters said it avoids costly condemnation, opponents warned of federal conflicts and loss of municipal control.
The Utah House on Feb. 24 approved House Bill 400, a narrowly written measure allowing adjustments to some existing roadside signs when newly erected sound walls block them.
Sponsor Representative Swallow said the bill addresses an unintended consequence of highway projects: "When something out of the control of this sign owner happens, for example, the erection of a sound barrier or the moving of a freeway, that is absolutely out of their control, I don't believe that they should be required to take their sign down unless they're compensated for that sign." He told colleagues the adjustment would not be a material change under state and federal agreements and would be limited to preserving the sign's value.
Opponents said the bill overrides local ordinances. Representative Becker cited a letter from the Federal Highway Department and warned the state could jeopardize federal highway funding if it permits alterations contrary to federal law. "This legislation overrides all local laws that relates to non conforming uses and federal law as it relates to non conforming uses," Becker said, urging caution.
Lawmakers questioned how many signs would be affected. The sponsor said the measure currently applies to roughly "four to six signs" already in place and would not apply to signs constructed after the bill's effective language. The sponsor also said any cost to adjust a sign would be borne by sign companies, not cities or the state.
Supporters argued the bill prevents expensive takings claims and saves taxpayer money. Swallow told the House that allowing narrow adjustments could spare the state from paying millions in condemnation claims, saying the alternative could cost the state "$4,000,000 to $6,000,000" if it had to compensate sign owners.
A motion to end debate succeeded, and the House recorded a final vote of 48 yes and 22 no. The bill now moves to the Senate for further consideration.
Legislators divided over the measure's balance of property rights, municipal control and compliance with federal highway rules. The sponsor described the bill as tightly scoped to address only the narrow situation in which a sound wall, erected along an interstate or state highway, blocks an existing sign and reduces its value.
