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Committee approves Department of Transportation rule governing off‑premise advertising permits
Summary
After agency staff and DOT counsel explained that the rule administers off‑premise/outdoor advertising and that permit decisions can be governed by statute when forms or rules are expired, the committee approved rule 25156 following a staff report that amended conditional approval addressed substantive comments.
The Rules Committee approved a Department of Transportation rule (item 25156) that governs outdoor off‑premise advertising permits and implements a federal statutory framework for sign placement. Staff said the department submitted an amended conditional approval that addressed substantive comments; agency counsel Steve Labonte and the state's traffic engineer Lee Baronis described the rule as implementing the federal statute for off‑premise advertising.
Labonte, identified as the department's chief of legal and legislative affairs, told the committee the rule administers outdoor advertising and that the permit and fee structures are dictated by statute. When a member asked how a recent Plymouth State University digital sign permit denial occurred despite an expired rule, the department representatives said the denial was issued in accordance with statute rather than the expired rule.
After brief discussion the committee moved to approve 25156. The Chair called for the aye vote and declared, "Ayes have it." There was no roll‑call tally recorded in the transcript.
The approved rule will be implemented under the statutory fee structure DOT identified in its expiration report; staff noted the department reported no collected fees or fines under the expired rules and that the amended conditional approval addressed substantive comments in the committee record.
