TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 6. Regulation of Maintenance and Use of Public Roads Generally, 32-6-1 through 32-6-248.

ARTICLE 3 CONTROL OF SIGNS AND SIGNALS

32-6-74. Applications for permits generally; fees; renewals; transfer of permits.

Applications for permits authorized by subsections (a) through (d) of Code Section 32-6-79 shall be made to the department upon forms prescribed by the department. The applications shall contain the signature of the applicant and such other information as may be required by the department and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for and shall be valid only if the sign is erected and maintained in accordance with this part during the 12 month period next following the date of issuance. As to permits for the initial erection of an outdoor advertising sign, one 12 month extension may be granted so long as a written request is submitted to the department at least 30 days prior to expiration along with a fee of $35.00. Any denial of an extension request shall be sent to the applicant before the expiration date and shall state the basis for denial. Multiple extensions shall not be granted as to the same permit, and the applicant shall not be allowed to reapply for the same site until the extension has expired; however, modifications to the application which do not extend the term of the permit shall be allowed. There shall be an initial outdoor advertising permit fee and an annual renewal fee. On and after July 1, 2011, the outdoor advertising application fee shall be $300.00, and the renewal fee for each sign shall be $85.00. The department may adjust future application and renewal fees through the formal rule making process so long as notice of any proposed increase is sent to the House and Senate Transportation Committees at least 30 days prior to final adoption by the department. Such fees shall be limited to amounts sufficient to offset the administrative costs to the department. An annual report on the expenditures and revenues of the department related to the outdoor advertising program shall be sent to the House and Senate Transportation Committees no later than October 31 of each year. Upon receipt of a properly executed application and the appropriate fee for the erection or maintenance of a sign which may be lawfully erected or maintained pursuant to this part, the department shall, within 60 days, issue a permit authorizing the erection or maintenance, or both, of the sign for which application was made except when a person, firm, or corporation is maintaining or allowing the maintenance of an illegal sign as provided for in subsection (f) of Code Section 32-6-79. All outdoor advertising permits and renewals shall expire on the first day of April in the year following issuance. Renewal of such permits shall be made to the department between January 1 and April 1 of each calendar year. Notice of such renewal period shall be mailed to each outdoor advertising permit holder along with an itemized list of all permits maintained by such person or entity in the month of December. In response, each permit holder should clearly indicate any permits not being renewed and return a copy to the department along with payment for all permits being renewed. If a permit holder believes the itemized list is incomplete or inaccurate, such permit holder shall clearly note such discrepancies on the list and return a copy to the department with supporting documentation. The permit holder shall submit the renewal and any suggested corrections within 60 days of the date of the department notice or by April 1, whichever occurs last. If the department fails to receive the renewal before the expiration date, the department shall notify the permit holder by certified mail that the renewal is overdue and shall give the permit holder 45 days from the date of the postmark on such notice to send the department the renewal. If the applicant does not send the permit renewal and fee within 45 days after the postmark date on such notice, the permit shall expire and the sign shall then become an illegal sign. Signs shall become illegal by operation of law after the expiration of the permit followed by notice to the permit holder and a failure to submit for the renewal within 45 days. Any illegal sign may be removed without any administrative proceeding before the department. Vegetation permits or renewals issued pursuant to Code Section 32-6-75.3 shall expire on the first day of September in the year following issuance. If a vegetation permit renewal application and fee is not timely submitted and such deficiency is not cured within 45 days of the postmark date of notice via certified mail from the department, the vegetation permit shall be canceled, but the sign shall not be deemed illegal. No permit shall be renewed if the renewal thereof has not been made in accordance with this Code section.
Permits shall be transferable. An application to have the permit specified in subsection (a) of this Code section transferred shall be made within 30 days of the change in ownership of the sign; shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm, or corporation making application for transfer. Failure to comply in a timely and proper manner with this subsection shall be grounds for revocation of the permit.

(Ga. L. 1971, Ex. Sess., p. 5, § 10; Code 1933, § 95A-922, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 32; Ga. L. 1976, p. 1508, § 1; Ga. L. 1980, p. 1017, § 6; Ga. L. 2011, p. 601, § 1/HB 179.)

The 2011 amendment, effective July 1, 2011, substituted the present provisions of subsection (a) for the former provisions, which read: "Applications for permits and the renewal thereof authorized by subsections (a) through (d) of Code Section 32-6-79 shall be made to the department upon forms prescribed by the department. The applications shall contain the signature of the applicant and such other information as may be required by the department and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for and shall be valid only if the sign is erected and maintained in accordance with this part during the 12 month period next following the date of issuance. The fee for the initial issuance of a permit shall be $50.00. The fee for the renewal of a permit shall be $25.00. The money received from permit fees shall be used to help defray the expenses of administering this part, Code Section 48-2-17 to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the erection or maintenance of a sign which may be lawfully erected or maintained pursuant to this part, the department shall, within 60 days, issue a permit or renewal authorizing the erection or maintenance, or both, of the sign for which application was made except when a person, firm, or corporation is maintaining or allowing the maintenance of an illegal sign as provided for in subsection (f) of Code Section 32-6-79. Application for the renewal of a permit shall be made to the department not more than 90 nor less than 60 days before the expiration date of the permit for which renewal is sought. If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is overdue when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expiration date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with this Code section."

Editor's notes.

- Ga. L. 2011, p. 601, § 4/HB 179, not codified by the General Assembly, provides: "The Department of Transportation shall have 120 days from the effective date to promulgate any forms or policies necessary to implement this Act. Those applications submitted before any necessary forms and policies are in place shall be processed in accordance with the regulations in place prior to the effective date. Those holding vegetation maintenance permits or renewals issued at any time prior to the promulgation of the necessary forms and policies shall, upon written request to the department, be able to trim or remove vegetation in accordance with the terms of this Act." This Act became effective July 1, 2011.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 91 (2011). For article, "Highways, Bridges, and Ferries: Regulation of Maintenance and Use of Public Roads Generally," see 28 Ga. St. U.L. Rev. 91 (2011).

JUDICIAL DECISIONS

Denial of sign permits.

- Although ground had not been broken on a proposed interchange as of the date an applicant submitted applications for permits for outdoor advertising signs, the Georgia Department of Transportation's denial of the applications comported with O.C.G.A. §§ 32-1-2,32-6-74(a), and32-6-75(a)(18) because the interchange project had progressed to a point such that it constituted an interchange for purposes of § 32-6-75(a)(18) and the proposed sign locations were within the 500-foot blocked out zone established by § 32-6-75(a)(18). Eagle West, LLC v. Ga. DOT, 312 Ga. App. 882, 720 S.E.2d 317 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Issuance of permits for outdoor advertising devices.

- Outdoor advertising devices located in areas zoned by local governments and subject to regulation by the department can be lawfully erected and maintained only in areas zoned, without further action of the local governing body, for commercial or industrial activities. 1975 Op. Att'y Gen. No. 75-24.

When issuing permits for outdoor advertising devices, the Department of Transportation must be guided by Ga. L. 1973, p. 947, § 1 et seq., notwithstanding the local zoning ordinances. 1975 Op. Att'y Gen. No. 75-24.

Department of Transportation may issue permits for outdoor advertising devices, and renew such permits, within "Forest-Agricultural" Districts of Glynn County if the department commonly and generally recognizes the activities permitted therein as commercial or industrial. 1975 Op. Att'y Gen. No. 75-24.