S.C. Code Regs. § § 63-349
Current through Register Vol. 48, No. 11, November 22, 2024
A. All signs lawfully erected under S.C. Code Section 57-25-140(a)(4), (a)(7) and (a)(8) and all nonconforming signs require permits and identification tags. This includes all signs that were legally in place on the effective date of the Act as well as those legally constructed after the effective date of the Act including those signs in place at the time the controlled highway was made a part of the Interstate or federal-aid primary system.B. No sign subject to the Act for which a permit is required may be erected without first obtaining from the Department a permit authorizing the same.C. Applications for permits shall be made to the Director of Outdoor Advertising, SCDOT, P.O. Box 191, Columbia, SC 29202.D. All applications must be submitted on forms provided by the Department. Applications must be typed including the name of the person who signs the application. Applications must provide all applicable information requested. If an application is not typed, or is illegible, incomplete, inaccurate, or not accompanied by the appropriate fee, it must be corrected by applicant prior to processing.E. No permit may be approved unless the applicant has first obtained the written permission of the owner or other person in lawful possession of the site designated as the location of the sign in the permit application. All applications must be accompanied by a copy of the written lease or other written agreement between the applicant and the landowner or other person in lawful possession or control of the site designated as the location of the sign in the permit application, if the applicant and the landowner of the site are different. All such documents shall be considered trade secrets and therefore not subject to disclosure under the Freedom of Information Act.F. Where local government regulation exists, no permit shall be issued unless the applicant submits along with the application either: (1) A copy of the permit issued for the site by the local government, or(2) A statement from the appropriate local government official indicating that: (a) The sign complies with all local government requirements;(b) The local government will issue a permit to that applicant upon issuance of the state permit by the Department, and(c) A certificate of occupancy, occupancy letter, or documentation indicating that the final inspection and building permit requirements for the qualifying activity have been obtained and completed by the local government, where applicable.G. All applications shall be accompanied by adequate documents capable of showing significant commercial activity and meaningful business operation at the premise pursuant to Regulation Regulation 63-342(CC). If adequate documentation is not provided the application may be reviewed up to one (1) year in accordance with provision (L) herein. After one year from the receipt of the application, the application shall be approved or denied by the Department.H. The proposed location for a new sign shall be clearly identified on the ground by a stake with no less than two feet of the stake clearly visible above the ground line. Staking of the site is considered part of the application. The stake shall not be moved or removed until the application is disapproved, or, if it is approved, until the sign has been erected.I. Construction of a sign must not, under any circumstances, begin until the permit, having been approved by the Department, has been received by the applicant. Any portion of the sign structure erected prior to the applicant's receipt of the approved permit is illegal and must be completely dismantled before any application from the sign owner for that site or any other site can be considered.J. Permits will be considered on a first-come, first-served basis. If applications are submitted for the same or conflicting sites, each will be dealt with in turn. Any other applications for the same or conflicting sites, received between the time a disapproved application is returned to the applicant and the time it is resubmitted, must be considered before the resubmitted application may be considered.K. The submission of an application for a sign permit shall grant to the Department the authority for its employees or agents to enter onto the land where the sign is or is intended to be displayed in order to conduct whatever investigations may be appropriate both at the time of application and at any time thereafter unless such application be withdrawn by the applicant.L. Upon receipt of the permit application, the District Sign Coordinator will inspect the sign site in order to ascertain if the location legally qualifies. The Department reserves the right to consider any application for a sign permit for up to thirty days from the date the application is submitted. Any application not approved within that time may be deemed by the applicant to have been rejected unless the Department notifies the applicant in writing of the reasons that it requires further time to investigate the application. The review period shall be no longer than one year from the date of receipt of the sign application by the Department.M. In the event the permit is cancelled, revoked, or disapproved, the applicant may appeal pursuant to the Administrative Law Court procedures. All appeals will be conducted in accordance with the Administrative Procedures Act. The applicant shall bear the burden of showing that the Department should issue the permit. A decision regarding any other applications for the same or conflicting sites submitted subsequent to the initial submission of the disapproved application will be held in abeyance pending the court's resolution of the appeal. If the Department's disapproval is sustained, the other applications will be considered in turn.N. No new application may be submitted by the same applicant or its assignee or successor for a site which has been disapproved unless there has been a significant change in the site such as a change in the zoning at the site, a change in the geometry or designation of a highway, the removal of an existing, conflicting sign etc. This prohibition extends to any sites which depend for approval on the same facts which led to the disapproval of the first application.O. Construction of the sign structure and sign face shall be completed within 180 days from the date of the permit's issuance. The Department has the discretion to cancel permits and forfeit fees if construction is not completed. An applicant whose permit is voided for not completing construction may not reapply for the same or a conflicting site for a period of ninety days, unless the applicant can show that the delay was caused by events beyond his control. Examples of events which are not considered beyond the applicant's control include, but are not limited to, delays in ordering necessary materials, delays in obtaining financing, and disputes with local governmental bodies.P. Each permitted sign structure must have the owner's name prominently displayed on it so that the name is readable from the highway.Q. Upon issuance of the permit, the identification tag must be placed by the Department or the permittee, as the Department requires, on the support or lower corner of the sign nearest the main-traveled way so as to be readable from the edge of the highway. The tag will be issued for and may be attached only to the sign described in the permit application. Under no circumstances may the tag be moved from one sign to another nor may the sign to which it is attached be relocated to another location. If the tag issued for a sign is not attached as required, the sign is illegal.R. Owners of signs which become subject to the Act because of the construction of a new highway or the change in designation of a highway must apply to the Department for a permit within thirty days after being notified by the Department that the sign has become subject to the Act. If the owner of the sign cannot be identified by information on the sign, notice may be given by prominently posting notice on the sign for a period of thirty days after which time notice shall be complete. Failure to apply for a permit within thirty days after notice results in the sign being illegal.S. If a permitted sign is voluntarily removed or dismantled for a period of more than 30 days, the permit will be voided. If a permitted sign is removed, dismantled, or destroyed by an act of God or by vandalism for a period of more than ninety days, the permit will be voided.T. Replacement tags for those which are lost or vandalized must be obtained from the Department by submitting a new application, an affidavit as to the loss of the tag, and a fee equal to the annual renewal fee.U. Permits may be transferred from one sign owner to another pursuant to Department procedures.V. The failure of any check submitted to the Department for a permit fee to be honored upon presentation shall make the permit void. The applicant may be required to submit a new application and may thereafter be required to submit cash or a certified check with any application or renewal.W. The Department may revoke any permit issued and order the sign removed if it subsequently determines that the information submitted or subsequently discovered by the Department regarding the application, sign, or business location, was false or materially misleading and any fees submitted with the application shall be forfeited.X. The Department may issue a permit for a sign which could otherwise be permitted even though it is located within the proposed right-of-way for a highway for which the alignment has been approved but which has not yet begun construction or even though it is located within the proposed right-of-way for an interchange for which the location has been approved but which has not yet begun construction provided that in either such case the sign owner and the landowner must agree to remove the sign without cost to the Department and without compensation within thirty (30) days after written notice from the Department to the sign owner and landowner at the addresses provided in the application.Y. Notice of matters affecting permits, including a sign's being declared illegal, must only be given to the address(es) provided on the sign application. If there is a change in address, the sign owner is responsible for notifying the Department. If notice is forwarded to the landowner or sign owner and is returned undelivered, it shall nevertheless be considered to have been effected if sent to the most current address(es) provided by the sign owner.Z. No sign shall be erected within 600 feet of areas where vegetation has been illegally removed, as determined by the discretion of the Department, or removed without prior written approval of the Department.Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 18, Issue No. 6, eff June 24, 1994; State Register Volume 31, Issue No. 3, eff March 23, 2007.