N.Y. Comp. Codes R. & Regs. tit. 17 § 150.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 150.15 - Registration

Any outdoor advertising sign within the controlled area, except official signs, signs in areas certified in accordance with section 150.9 of this Part, and on-premises signs in accordance with section 150.13 of this Part, shall be registered with the New York State Department of Transportation in accordance with the following provisions:

(a)Registration application and permit.

(1) Any person, firm, corporation, partnership or association, before erecting, maintaining or using any outdoor advertising sign, must obtain a permit from the New York State Department of Transportation.

(2) An application for a permit may be obtained from the New York State Department of Transportation, Real Estate Division, Building 5, State Campus, 1220 Washington Avenue, Albany, New York 12232, or from a regional office of the Department of Transportation located at:

Region 1

84 Holland Avenue

Albany, NY 12208

Region 2

Utica State Office Bldg.

207 Genesee Street

Utica, NY 13501

Region 3

Syracuse State Office Bldg.

333 East Washington Street

Syracuse, NY 13202

Region 4

1530 Jefferson Road

Rochester, NY 14623

Region 5

Buffalo State Office Bldg.

125 Main Street

Buffalo, NY 14203

Region 6

30 West Main Street

Hornell, NY 14843

Region 7

Watertown State Office Bldg.

317 Washington Street

Watertown, NY 13601

Region 8

4 Burnett Boulevard

Poughkeepsie, NY 12603

Region 9

Binghamton State Office Bldg.

44 Hawley Street

Binghamton, NY 13901

Region 10

New York State Office Bldg.

Veterans Highway

Hauppauge, NY 11787

The permit application shall be made available to an applicant upon request, and must be completed in all respects by the applicant or his representative. The applicant can be either the owner of the sign or the land upon which the sign is to be located. The owner is responsible for completing the required information and submitting the requisite number of copies, together with the required permit fee, to either the New York State Department of Transportation at the address indicated above or to the appropriate regional office at the address indicated above.

(3) Each sign permit will be classified into one of the following categories by the Department of Transportation:

(i) conforming sign;

(ii) nonconforming sign;

(iii) nonconforming grandfathered sign;

(iv) on-premises sign;

(v) landmark sign;

(vi) directional sign; or

(vii) illegal sign.

The reason for classification as an illegal sign will be provided upon request to the applicant, along with a statement as to how the sign may gain legal status where that possibility exists.

(4) No refund shall be made after an application for a permit has been filed with the New York State Department of Transportation.

(5) If an outdoor advertising sign is erected prior to obtaining the permit required in this section, a late filing permit charge of 10 percent of the regular annual fee per month, for each month that such application is late, with a maximum of $50, shall be imposed in addition to the regular annual fee.

(6) The application shall specify the location where the sign is to be placed and maintained. If, after approval of such application and the issuance of a permit hereunder, the sign is removed from such location, such permit shall be thereupon null and void.

(7) A single application may cover a back-to-back, side-by-side, double-faced, bottom-on-top, or V-type sign. A separate fee, if applicable, shall be charged for each advertising area.

(8) Where a permittee desires to enlarge or reduce the surface area of a conforming advertising sign, application for a new permit shall be made in the same manner as in the case of an application for an original permit. Such application must be accompanied by the required annual fee less the amount of annual fee which has already been paid for such sign, except that there shall be no refund of any portion of an annual fee if the surface area of the advertising display is reduced. Any sign altered in such manner shall conform to all provisions of State law and their regulations.

(9) If a permittee adds one or more advertising surfaces to an existing conforming advertising sign or structure for which he has a valid permit, he is required to apply for a permit for such sign and pay the requisite fee for such permit as provided for in this section. Any sign altered in such manner shall conform to all provisions of State law and their regulations.

(10) In the event that the ownership of a sign is changed, such new owner shall file an application and obtain a permit under the provisions of this section within 60 days of the change of ownership.

(11) Any sign which must be registered under the provisions of this section which is in existence on the effective date of this section shall have until January 1, 1979 to comply with the provisions of this section.

(b)Permit fees.

In connection with the issuance of permits hereunder for outdoor advertising signs, the Commissioner of Transportation shall charge and collect permit fees in accordance with the fee schedule set forth below.

(1) For an advertising sign within the controlled area or protected area, the fee schedule is as follows for a single facing of advertising, exclusive of border or trim. A fee is required for each advertising face.

Annual Permit Fees

Size of Sign Face	Fee
100 square feet or less	$ 20
101-600 square feet	50
601 square feet or more	100

(2) No permit fee is required for a sign classified as a directional sign or a landmark sign.

(3) All permit fees shall be annually based and shall not be apportioned for any unused portion of a year.

(4) Inspection fee.

An inspection fee in the amount of $50 is required to be submitted with each application. This fee is assessed to defray expenses incurred by the department through the field inspection required to ascertain conformance with State regulations. This fee is nonrefundable after an inspection is made. The inspection fee does not apply to renewals or to applications which do not require the payment of permit fees.

(c)Renewal of permit and fees.

(1) A permit issued under the provisions of this section, unless such is revoked or cancelled, or becomes null and void, may be renewed on an annual basis prior to the expiration date (September first) of the permit or a renewal thereof.

(2) An application for renewal will not be approved if it is altered from the original application, except for a change of address of the permittee or a change in ownership of the land upon which the sign is located. The location of the sign is subject to reinspection by the Department of Transportation. If an application for the renewal of a permit is made after the expiration date of the last valid permit or renewal, such application shall be subject to late filing renewal charges of 10 percent of the regular annual fee per month, for each month that such application is late, with a maximum of $50, to be imposed in addition to the regular annual fee.

(3) A permittee who fails to renew a permit within 60 days of the expiration date shall be required to remove the sign in accordance with section 150.12 of this Part.

(4) The renewal fee for a permit shall be based on the annual rate, and applications for renewal will be accepted under the same terms and conditions as the original permit application.

(5) No refund shall be made after an application for a renewal has been filed with the New York State Department of Transportation.

(d)Identification of sign.

(1) The name of the permittee shall be placed in a conspicuous position on the advertising structure for which a permit has been issued within 30 days of the date of issuance of the permit. Failure to affix such identification may result in revocation of the permit in accordance with the provisions of subdivision (f) of this section.

(2) Every sign structure erected under this Part shall also have attached a permit plate which will be issued by the State; said plate is to be firmly affixed to the sign by the permittee in a place that is clearly visible from the traveled way of the controlled highway.

(3) Whenever the ground structure for a sign is not commenced within 60 days after the date of issuance of the permit, the permittee shall post notice at the location of the sign in a conspicuous manner indicating the name of the permit holder and the permit number. Failure to comply with this provision may result in revocation of the permit in accordance with the provisions of subdivision (f) of this section.

(e)Permit revocation.

A permit issued under this section may be revoked for cause of any of the following reasons:

(1) when any statement made in the application for the permit is false or misleading;

(2) when any provision of the outdoor advertising control statutes or the provisions of this Part are violated;

(3) when any stipulation made in connection with the granting of the permit is violated;

(4) whenever the advertising area utilized for the display is in excess of that indicated in the permit;

(5) whenever a sign structure is not maintained in a safe, sound and good condition;

(6) whenever the sign structure is being maintained upon public property without the express permission of the governmental body having jurisdiction over the area;

(7) whenever the sign structure is being maintained without the consent of the owner of the property or the owner's duly authorized agent;

(8) whenever a sign status has changed under the provisions of the outdoor advertising control statutes or the provisions of this Part; or

(9) whenever the Commissioner of Transportation determines that a permittee authorized or conducted vegetation control, as defined in Part 134 of this Title, without a permit issued pursuant to Part 134 of this Title or in violation of the conditions or stipulations of such a permit.

(f)Notice of permit revocation.

(1) Whenever it shall appear to the Department of Transportation that any permittee is not complying with the provisions set forth in subdivision (e) of this section, such permittee shall be given a written notice stating the nature of the violation or offense, and within 30 days the permittee shall:

(i) cause the sign to come in full compliance with the provisions of this Part if such sign is capable of complying; or

(ii) remove the sign if it is a prohibited sign; or

(iii) file a protest in writing with the official or employee of the Department of Transportation issuing the notice of revocation, stating the reason for the protest. In addition, any such permittee may request a hearing. The filing of a protest and/or request for a hearing does not abate or toll any penalties due nor abrogate the right of the Commissioner of Transportation to remove any such sign in accordance with the provisions of the outdoor advertising control statutes, unless the permittee furnishes security guaranteeing compliance with the provisions hereof of the kind and in the amount satisfactory to the Department of Transportation.

(2) If the permittee files a protest but does not request a hearing, the Commissioner of Transportation, or his designee, shall carefully consider all available relevant information and thereupon make a determination, in writing, confirming, modifying or vacating the original notice of revocation.

(3) Whenever a permit has been revoked, the holder thereof shall forthwith surrender the same to the New York State Department of Transportation.

(g)Hearings.

A hearing which is provided under the provisions of this section shall be either:

(1) an informal hearing before the Commissioner of Transportation, or his designee, in the nature of a conference with or without legal or agency representation on behalf of the licensee or permittee; or

(2) a formal hearing where evidence is recorded in the same fashion as in a court proceeding, but whereat the parties shall not be bound to strict interpretation of common law or statutory rules of evidence. The hearing officer shall determine whether any evidence is immaterial, irrelevant or unduly cumulative and should therefore be excluded, but such hearing officer shall admit all testimony having reasonable probative value to determine the matter. Each party shall have the right to present his case or defense by oral or documentary evidence and to submit rebuttal evidence and to conduct such cross-examination as may be permitted by the hearing officer in an effort to obtain full and direct disclosure of all relevant facts. After the parties have been given an opportunity to present their evidence in support of or in defense of the issues of the matter, the record shall be closed and the hearing officer shall make a final determination notifying the permittee in writing of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 150.15