WSR 00-01-184

PERMANENT RULES

DEPARTMENT OF TRANSPORTATION


[ Order 196 -- Filed December 22, 1999, 9:59 a.m. ]

Date of Adoption: December 21, 1999.

Purpose: Implements provisions of HB 1322, chapter 201, Laws of 1999, establishing fees to recover costs for the erection and maintenance of motorist information signs and to clarify provisions of other existing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 468-70-010, 468-70-020, 468-70-030, 468-70-040, 468-70-050, 468-70-060, 468-70-070, 468-70-080, and 468-70-085.

Statutory Authority for Adoption: Chapter 34.05 RCW and RCW 47.42.060.

Adopted under notice filed as WSR 99-23-011 on November 5, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 21, 1999

Gerald E. Smith

Deputy Secretary, Operations

OTS-3497.2


AMENDATORY SECTION(Amending DOT Order 10 and Comm. Order 1, Resolution No. 13, filed 12/20/78)

WAC 468-70-010
General.

(1) These rules and regulations implement, and are prescribed by, ((chapter 80, Laws of 1974 ex. sess. (43rd Leg., 3rd ex. sess.) and)) chapter ((47.42)) 47.36 RCW.

(2) The regulations provide for the installation of motorist information signs which will inform the motoring public of tourist services conveniently accessible from interstate((, primary)) and ((scenic)) noninterstate highways within the state.

[Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-70-010, filed 12/20/78. Formerly WAC 252-42-005.]


AMENDATORY SECTION(Amending Order 103, filed 3/25/86)

WAC 468-70-020
Definitions.

(((1))) When used in these regulations the term((s)): ((Sign, business sign, commercial and industrial areas, commission, interstate system, primary system, scenic system, and specific information panel shall have the same meaning as set forth in the act.

(2) When used in these regulations the term:

(a) "Act" shall mean the Highway Advertising Control Act of 1961 as amended by chapter 80, Laws of 1974 ex. sess. (43rd Leg., 3rd ex. sess.) and chapter 47.42 RCW.

(b))) (1) "Conventional road" shall mean a ((primary or scenic)) noninterstate highway which is not an expressway or freeway.

(((c))) (2) "Department" shall mean the Washington state department of transportation.

(((d))) (3) "Expressway" shall mean a divided arterial highway for through traffic with partial control of access and grade separations at most major intersections.

(((e))) (4) "Freeway" shall mean an expressway with full control of access, and grade separations over the entire length of the numbered highway route.

(((f))) (5) "Motorist information signs" shall mean the same as specific service signs as set forth in the Manual on Uniform Traffic Control Devices adopted by the department as chapter 468-95 WAC.

(6) "Motorist service activity" shall mean a business furnishing gas, food, lodging, camping, recreation and((/or related)) tourist-oriented services.

(((g))) (7) "Owner" shall mean a person who owns or operates a motorist service activity and who has authority to enter into and be bound by agreements relevant to matters covered by these regulations.

(((h))) (8) "Supplemental directional panel" shall mean a motorist ((informational)) information sign panel located on, opposite, or at the terminus of an exit ramp bearing business sign for a qualified motorist service activity and directional information.

(((i))) (9) "Trade name" shall mean any brand name, trade mark, distinctive symbol or other similar device or thing used to identify a particular motorist service.

(((j))) (10) "Urban area" shall mean an area including and adjacent to a municipality or other place of five thousand or more population as shown by the latest available federal census.

(((k))) (11) "Qualified tourist-oriented business" means any lawful cultural, historical, recreational, educational, or entertaining activity or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.

(((l))) (12) "Tourist-oriented directional (TOD) sign" means a sign on a ((specific)) motorist information sign panel on the state highway system to provide directional information to a qualified tourist-oriented business, service, or activity.

[Statutory Authority: Chapter 47.42 RCW. 86-08-023 (Order 103), 468-70-020, filed 3/25/86; 85-17-012 (Order 96), 468-70-020, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-70-020, filed 12/20/78. Formerly WAC 252-42-010.]


AMENDATORY SECTION(Amending Order 129, filed 8/13/91, effective 9/13/91)

WAC 468-70-030
Location of panels and signs.

(1) ((Specific)) A maximum of four motorist information sign panels ((will)), one per each type of motorist service activity, may be provided on interchange approaches and in advance of intersections. Where a qualified type of motorist service activity is not present, a panel will not be erected. Generally, these panels should be located near the right of way line and readable from the main traveled way. ((Normally,)) The panels will be erected as follows:

(a) For freeways and interchanges on expressways the panels shall be erected between the previous interchange and at least eight hundred feet in advance of the exit direction sign at the interchange from which the services are available. There shall be at least eight hundred feet spacing between the panels, and there will be one panel each for gas, food, lodging, ((and)) camping/recreation, and TOD, except as provided in (c) of this subsection.

(b) For conventional roads the panels shall be erected between the previous intersection and at least three hundred feet in advance of the intersection from which the services are available, signing should not be provided to any service visible at least three hundred feet along the mainline prior to the intersection or driveway approach serving the business. There will be one panel each for gas, food, lodging, ((and)) camping/recreation, and TOD except as provided in (c) of this subsection.

(c) ((At remote rural interchanges and on conventional road intersections, not more than two types of business activities may be combined on one panel. No more than two logos per activity may be displayed. Ramp panels to direct motorists to the right or to the left may display more than one type of business activity. No other mixed panels may be used.)) A combined panel may be installed where there is a limited number of qualifying motorist service activities, or insufficient space available to install the array of gas, food, lodging, camping/recreation, and TOD's panels as set forth in WAC 468-70-040(2). Not more than two types of motorist service activities may be combined on one mainline back panel; however, supplemental directional panels located along interchange ramps to direct motorists to the right or to the left may display more than two types of motorist service activities. The permissible number of business signs that may be displayed per type of motorist service activity shall be as set forth in WAC 468-70-060 (3)(a).

(2) Information for ((specific)) motorist information sign panels on the mainline of expressways/freeways will be repeated on the supplemental directional panels located along the interchange ramp, or at the ramp terminal, where the services are not visible from the ramp. Supplemental directional panels may be used only to repeat messages installed on the mainline.

(3) ((One tourist-oriented directional (TOD) sign panel may be placed in advance of the gas, food, lodging, and camping/recreation specific information panels. Spacing shall be the same as for the specific information panels. For interchanges supplemental TOD sign assemblies will be repeated along the ramps or at ramp terminals where the activities are not visible from the ramp. TOD sign panels are not allowed in lieu of the gas, food, lodging, and camping/recreation specific information panels, or along interstate highways.

(4))) The spacing between motorist information sign panels, and between motorist information sign panels and other official traffic control signs shall be in accordance with the Manual on Uniform Traffic Control Devices. Where there is insufficient spacing for both other official traffic control signs and ((specific)) motorist information((/TOD)) sign panels, the other official traffic control signs only shall be installed.

[Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. 91-17-012 (Order 129), 468-70-030, filed 8/13/91, effective 9/13/91. Statutory Authority: Chapter 47.42 RCW. 86-08-023 (Order 103), 468-70-030, filed 3/25/86; 85-17-012 (Order 96), 468-70-030, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-70-030, filed 12/20/78. Formerly WAC 252-42-020.]


AMENDATORY SECTION(Amending Order 103, filed 3/25/86)

WAC 468-70-040
Interchange and intersection selection for ((specific)) motorist information sign panels.

(1) On an interstate((, primary,)) or ((scenic)) noninterstate highway the interchange or intersection must:

(a) For interchanges, consist of both an exit and entrance ramp((: Provided, That)). However, where ((an)) there is no entrance ramp ((is not present an interchange will qualify if an)), the department may determine that another entrance ramp may qualify for motorist information sign panels, provided that it is ((reasonably and)) conveniently located, ((in the determination of the department, so as)) to permit a motorist to proceed without ((undue indirection or use of)) the use of indirect or poor connecting roads.

(b) For intersections, provide a reasonable and convenient route, in the determination of the department, ((so as)) to permit a motorist to proceed without ((undue indirection or use of)) the use of indirect or poor connecting roads.

(2) ((Specific)) Motorist information((, and TOD (allowed on noninterstate highways only),)) sign panels may be erected at locations outside the corporate limits of cities and towns and areas zoned for commercial and industrial uses, and at locations within the corporate limits of cities and towns and areas zoned for commercial and industrial uses, where there is sufficient distance between interchanges or intersections to erect the signs in accordance with WAC 468-70-030 (1)(a) and (b). Where there is insufficient space available to install ((the)) an array of four of the gas, food, lodging, camping/recreation and TOD's panels, the number of panels allowable are normally provided in that order of priority, or as combined panels in accordance with WAC 468-70-030 (1)(c), except that ((district)) regional administrators may negotiate a revised priority at interchange/intersection locations with local officials. If there is no business interest in signing for any one activity at a location, and space allows, the next lower priority activity can be signed.

(3) Signing will be provided from the nearest interchange or intersection from the nearest freeway/expressway or ((from a)) conventional highway to the activity. Signing will not be provided from a freeway or expressway to another freeway or expressway.

[Statutory Authority: Chapter 47.42 RCW. 86-08-023 (Order 103), 468-70-040, filed 3/25/86; 85-17-012 (Order 96), 468-70-040, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-70-040, filed 12/20/78. Formerly WAC 252-42-030.]


AMENDATORY SECTION(Amending Order 129, filed 8/13/91, effective 9/13/91)

WAC 468-70-050
Business eligibility.

(1) To be eligible for placement of a business sign on a ((specific)) motorist information sign panel a motorist service activity must conform to the following standards:

(a) Gas activity:

(i) Provide vehicle services including fuel, oil, tire repair and water; and

(ii) Be in continuous operation at least sixteen hours a day, seven days a week; and

(iii) Provide restroom facilities, drinking water and a telephone access;

(iv) ((Specific)) Motorist information sign panels may be installed and existing signing will not be removed when the motorist service ((facility)) activity is closed for a short period of time or when its hours of operation have been reduced as a result of a shortage of gasoline;

(v) ((Facilities)) Activities not meeting the tire repair requirement of (i) of this subsection but have gas, oil, and water may qualify for signing provided that the ((specific)) motorist information sign panel displays fewer than the full complement of business signs. A telephone must also be available at no cost for a person to use to acquire tire repair;

(vi) Business signs for card-lock gas activities may be installed, provided that the activities serve the general motoring public, without membership, and accept a variety of credit cards available to the general public. Card-lock gas activities must also meet the applicable requirements of (a)(i) through (v) of this subsection.

(b) Food activity:

(i) Be licensed or approved by the county health office; and

(ii) Be in continuous operation for a minimum of twelve hours a day to serve ((three)) meals ((a day, breakfast, lunch, and dinner seven)) six days a week; and

(iii) Have ((seats)) inside seating for a minimum of twenty patrons and parking facilities for a minimum of ten vehicles; and

(iv) Provide telephone and restroom facilities.

(c) Lodging activity:

(i) Be licensed or approved by the Washington department of ((social and)) health ((services)); and

(ii) Provide adequate sleeping and bathroom accommodations available without reservations for rental on a daily basis; and

(iii) Provide public telephone facilities.

(d) Camping activity (applicable only for activities ((on fully controlled limited access)) available from interstate highways):

(i) ((Be licensed or approved by the Washington department of social and health services or county health office;)) Have a valid business license;

(ii) Consist of at least twenty camping spaces, at least fifty percent of which will accommodate tents, and have adequate parking, modern sanitary and drinking water facilities for such spaces; and

(iii) Have an attendant on duty to manage and maintain the facility twenty-four hours a day while in operation.

(e) Recreation activity (applicable only for ((activity on scenic system or primary system)) activities available from noninterstate highways ((with partial access control or no access control))):

(i) Consist of activities and sports of interest to family groups and the public generally in which people participate for purposes of active physical exercise, collective amusement or enjoyment of nature; e.g., hiking, golfing, skiing, boating, swimming, picnicking, camping, fishing, tennis, horseback riding, ice skating and gun clubs; and

(ii) Be licensed or approved by the state or local agency regulating the particular type of business; and

(iii) When the recreational activity is a campground, it must meet the criteria specified in WAC 468-70-050 (1)(d)(i) thru (iii).

(f) Tourist-oriented business activity (((not applicable for activities on interstate highways))):

(i) A natural, recreational, historical, cultural, educational, or entertainment activity, or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business seasons from motorists not residing in the immediate area of the activity.

(ii) Activities must be open to the motoring public without appointment, at least eight hours a day, five days a week including Saturday and/or Sunday.

(2) Distances prescribed herein will be measured from the center of the interchange or intersection along the centerline of the most direct public road to the facility access.

(3) The maximum distance that gas, food, lodging, camping ((or)), recreational, or tourist-oriented activities can be located on either side of an interchange or intersection to qualify for a business sign shall be as follows:

(a) From an ((interchange on a fully controlled limited access)) interstate highway, gas, food and lodging activities shall be located within three miles in either direction. Camping or tourist-oriented activities shall be located within five miles in either direction;

(b) From ((an interchange or intersection on)) a noninterstate highway ((with partial access control or no access control)), gas, food, lodging, ((or camping)) recreation, or tourist-oriented activities shall be located within five miles in either direction.

(c) Where there are fewer than the maximum number, as specified in WAC 468-70-060 (3)(a), of eligible services within the distance limits prescribed in subsection (3)(a) and (b) of this section, the distance limits may be increased ((in three-mile increments)) up to a maximum of fifteen miles to complete the balance of allowable signs.

(((d) From an interchange or intersection on a highway with partial access control or no access control, recreational activities shall be located within ten miles in either direction. If within such ten mile limit there are fewer than the maximum number, as specified in WAC 468-70-060, of recreational activities available, then activities of such type located within a fifteen mile limit shall qualify.

(e) Qualified tourist-oriented business must be located within fifteen miles of the state highway.

(f) Specific information panels or tourist-oriented directional panels will not be provided until the required supplemental panels, if needed, are installed by local agencies.

(g))) (i) In reference to WAC 468-70-040(3), the department may erect and maintain signs on an alternate route that is longer than fifteen miles if it is safer and still provides reasonable and convenient travel to an eligible activity.

(ii) The department may erect and maintain signs on a route up to a maximum of twenty miles if an activity qualifies as eligible and is located within a distressed area under the criteria set forth in chapter 43.165 RCW.

(4) Within cities and towns having a population greater than ((fifteen thousand)) twenty-two thousand five hundred, the department ((of transportation)) shall obtain concurrence from the municipality of locations for installing panels, and may ((have)) request that the municipality install the panels.

(((4))) (5) A gas, food, lodging, camping/recreational, or tourist-oriented activity visible from the mainline at least three hundred feet prior to an intersection shall not qualify for a business sign on such highway. The activity's on-premise sign is considered part of that activity in determining the three hundred foot visibility.

(((5) To be eligible for business sign placement on supplemental direction panel the activity must be eligible for specific information panel placement.))

(6) When a multiple business activity qualifies for business sign placement on more than one type of ((specific)) motorist information sign panel, placement will be made on that type of panel which, as determined by the department, best describes the main product or service. Additional business signs for a qualifying multiple business activity may only be placed on more than one type of ((specific)) motorist information sign panel where the applicable panels display fewer than a full complement of business signs. Where these additional business signs complete the full complement of business signs on a ((specific)) motorist information sign panel, the most recently installed of such additional business signs shall be substituted for in the event that a qualifying single business activity applies to receive business signs.

(7) ((Specific)) Motorist information sign panels will not be erected and maintained by the department until adequate follow-through signing, as specified by the department, is erected on local roads and/or streets. Written assurance that the follow-through signs will be maintained is required.

(8) Where operations are seasonal, business signs for each specific location shall be removed or covered during the appropriate period as determined by the department.

[Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. 91-17-012 (Order 129), 468-70-050, filed 8/13/91, effective 9/13/91. Statutory Authority: Chapter 47.42 RCW. 87-01-054 (Order 106), 468-70-050, filed 12/16/86; 85-17-012 (Order 96), 468-70-050, filed 8/12/85. Statutory Authority: RCW 47.42.060. 85-03-031 (Order 94), 468-70-050, filed 1/10/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-70-050, filed 12/20/78. Formerly WAC 252-42-040.]


AMENDATORY SECTION(Amending Order 129, filed 8/13/91, effective 9/13/91)

WAC 468-70-060
Signing details.

(1) Specifications. All ((specific)) motorist information sign panels, supplemental directional panels, and business signs shall be constructed in accordance with the Washington state standard specifications, standard plans and amendments thereto. All business signs shall be constructed of a single piece of 0.063 inch thick aluminum. All panels and business signs shall be fully reflectorized to show the same shape and color both by day and night.

(2) Color of panels and signs:

(a) The background color for gas, food, lodging, camping and TOD ((specific)) motorist information sign panels and supplemental directional panels shall be blue. The background color for recreation ((specific)) motorist information sign panels and supplemental directional panels shall be brown. The border and lettering on all such signs shall be white.

(b) The background color and letter color for business signs manufactured by the department shall be standard highway sign sheeting and inks which are available in white (silver), blue, black, yellow, red, orange, green, and brown. A description of business signs which the department will manufacture is provided in WAC 468-70-070 (8)(b).

(3) Composition of ((specific)) motorist information sign panels:

(a) For interchanges, the maximum number of business signs which may be displayed on a ((specific)) motorist information sign panel are six for each gas, food, lodging, camping/recreation, and TOD's panel. For intersections, each panel is limited to four business signs. For combined motorist information sign panels on the mainline, the minimum number of business signs which may be displayed is two for each type of motorist service activity. For supplemental directional panels located along interchange ramps, there is no minimum number of business signs which may be displayed for each type of motorist service activity.

(b) Sign panel fabrication layouts, and business sign sizes, are provided in the Appendices of the ((Scenic Vistas Act)) Motorist Information Signs Booklet published by the Washington state department of transportation.

(i) The panel size shall be sufficient to accommodate the various sizes of business signs and directional information.

(ii) For qualifying businesses located more than one mile from an intersection the business sign shall show the mileage to the business to the nearest mile. For interchanges the mileage will be shown on the supplemental directional panel business signs installed along the interchange ramp or at the ramp terminal.

[Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. 91-17-012 (Order 129), 468-70-060, filed 8/13/91, effective 9/13/91. Statutory Authority: Chapter 47.42 RCW. 87-01-054 (Order 106), 468-70-060, filed 12/16/86; 86-08-023 (Order 103), 468-70-060, filed 3/25/86; 85-17-012 (Order 96), 468-70-060, filed 8/12/85. Statutory Authority: RCW 47.42.060. 85-03-031 (Order 94), 468-70-060, filed 1/10/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-70-060, filed 12/20/78. Formerly WAC 252-42-050.]


AMENDATORY SECTION(Amending Order 153, filed 11/21/95, effective 1/1/96)

WAC 468-70-070
Permits and procedure.

(1) No business signs will be installed on motorist information sign panels prior to issuance of a permit by the department. Permits will be issued by the department in accordance with this chapter.

(2) Permit applications will be accepted at the appropriate department of transportation ((district)) regional office in care of the ((district)) regional administrator. Applications transmitted by mail shall be effective from date of receipt rather than of mailing.

(3) One permit application will be for all the signing that the applicant will qualify for at a single interchange or intersection.

(4) Application((,)) forms ((for)), which may be obtained from the department, shall contain the following information:

(a) Name and address of the owner of the business to be advertised.

(b) The highway for which the applicant seeks signing.

(c) A description of the interchange or intersection for which the business sign is to be installed.

(d) A statement of the business location including exact travel distance from the interchange or intersection and precise roads used for access.

(e) An agreement to limit the height of any on-premise sign to no greater than fifteen feet higher than the roof of the main building, measured to the bottom of the sign for businesses located within one mile of an interchange or intersection. (Not applicable along interstate highways if the sign is not visible to the highway.)

Pursuant to RCW ((47.42.046)) 47.36.310, for on-premise signs visible along rural interstate highways the department may waive the fifteen-foot height requirement, on a case-by-case basis, where granting the waiver will not preclude another business having an on-premise sign which complies with the fifteen-foot height requirement from receiving business signs.

(f) Such other information as may be required by the department.

(5) Each permit application will include a sketch, drawing or picture of the message to be placed on the business signs. Business signs may not display messages advertising products or services incidental to the qualifying motorist service activity. The department shall have final approval of the design of the business sign and may modify such submissions to achieve uniformity.

(6) A ((standard)) nonrefundable application processing fee ((of one hundred dollars)) as prescribed in WAC 468-70-080 (1)(a) will accompany each application. Such fee ((will)) may only be ((returned if an application is denied or)) refunded if, after approval, the activity is not signed for reasons caused by the department.

(7) Any party aggrieved by an application determination of the department shall be accorded hearing rights before the secretary of transportation or his designee pursuant to chapter 34.05 RCW.

(8) Fabrication and installation of business signs:

(a) Once an application is approved, the department will request the business to provide the signs for installation. Such signs shall be built to the department's specifications prescribed by WAC 468-70-060. Prior to installation the business shall be billed and pay for the installation cost prescribed in WAC 468-70-080 (1)(b).

(b) When requested by a business, the department will manufacture business signs composed of standard solid color background with standard die cut or silk screened highway sign letters used for messages. The department does not manufacture business signs having nonstandard colors, nonstandard letters, or pictorial business symbols or trademarks. The manufacturing and installation fees for business signs manufactured by the department are prescribed in WAC 468-70-080 (2)(a) or (b), and shall be prepaid prior to manufacture and installation.

(9) Business sign ((annual permit,)) and motorist information sign panel maintenance((,)) and replacement:

(a) For a business which provides its own business signs to the department, an annual permit fee of fifty dollars shall be charged. (Effective January 1, 2001, this annual permit fee will no longer be charged by the department.)

Maintenance replacement business signs shall be provided by the business, when requested by the department to replace weather worn business signs. ((After installation the business will be billed)) The department will install the replacement business sign after prepayment for the installation ((cost)) fees as prescribed in WAC 468-70-080 (1)(b).

(b) For business signs manufactured ((and maintained)) by the department, ((an annual maintenance fee shall be paid, as prescribed in WAC 468-70-080, for each business sign)) the department will notify businesses when business signs need replacement because of weather wear and will manufacture and install such replacement business signs after prepayment for the manufacturing and installation fees prescribed in WAC 468-70-080 (2)(a) or (b).

(c) The annual maintenance replacement fee charged to each business for motorist information sign panels is prescribed in WAC 468-70-080(3).

(d) Annual ((permit renewal and)) maintenance fees shall be paid within thirty calendar days after the anniversary of the permit issue. These fees will not be prorated for fractions of the year in the event of business sign removal or coverage. Failure to pay the annual maintenance fees within thirty calendar days after the anniversary of the permit issue will cause the permit to expire and the business signs to be removed from the ((specific)) motorist information sign panels.

(10) In the event of change of ownership or operation, assignment of permits in good standing shall be effective only upon receipt of assignment by the department. The department will not reassign permits in the event of change of both ownership and operation.

(11) Revocation and expiration:

(a) After hearing before the secretary of transportation or his designee, as required by chapter 34.05 RCW (Administrative Procedure Act) and the rules and regulations of the department adopted pursuant thereto, any permit may be revoked by the secretary or the secretary's designee who has conducted the hearing for any of the following reasons:

(i) For the making of any false or misleading statements in the application for any permit, whether or not the same is material to or relied upon by the department in the issuance of such permit when such false or misleading statement or information shall remain uncorrected after the expiration of thirty days following written notification thereof.

(ii) For allowing or suffering any on-premise sign to remain that ((does)) exceeds the height requirements set forth in ((the act or)) this chapter.

(iii) For failure to provide the services and/or facilities required by WAC 468-70-050 and this section.

(b) If a permit is revoked or is allowed to expire, a new application may be accepted by the department and the ((application)) motorist service activity must meet the requirements of any other ((new application)) applying motorist service activity.

[Statutory Authority: RCW 47.36.030. 95-23-098 (Order 153), 468-70-070, filed 11/21/95, effective 1/1/96. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. 91-17-012 (Order 129), 468-70-070, filed 8/13/91, effective 9/13/91. Statutory Authority: RCW 47.42.046 and 47.42.047. 88-22-001 (Order 115), 468-70-070, filed 10/20/88. Statutory Authority: Chapter 47.42 RCW. 87-01-054 (Order 106), 468-70-070, filed 12/16/86; 85-17-012 (Order 96), 468-70-070, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-70-070, filed 12/20/78. Formerly WAC 252-42-060.]


AMENDATORY SECTION(Amending Order 106, filed 12/16/86)

WAC 468-70-080
Fee schedule.

(1) The application processing fee, and installation ((charge)) fee for each business sign provided by the business to the department ((is eighty dollars)) for new installations((,)) and replacement installations because of weather ((worn signs.)) wear are:

(((2) Manufacturing and installation charge for department manufactured signs.))
(((a) Interstate, primary, and scenic freeways and expressways.))
(((i) "GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD" - lettered business sign to be installed on a specific information panel . . . . . . . . . . . . $320.00))
(((ii) "GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD" - lettered business sign to be installed on a supplemental directional panel . . . . . . . . . . . . $100.00))
(((b) Primary or scenic highways that are conventional roads. "GAS, FOOD, LODGING, RECREATION, or TOD" - lettered business sign to be installed on a specific information panel . . . . . . . . . . . . $145.00))
(((3) The following schedule is the annual maintenance charge for department manufactured signs.))
(((a) Interstate, primary, and scenic freeways and expressways.))
(((i) "GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD" - lettered sign on a specific information panel . . . . . . . . . . . . $ 80.00))
(((ii) "GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD" - lettered sign on a supplemental directional panel . . . . . . . . . . . . $ 25.00))
(((b) Primary or scenic highways that are conventional roads. "GAS, FOOD, LODGING, RECREATION, or TOD" - lettered business sign on a specific information panel . . . . . . . . . . . . $ 40.00))

(a) Application processing fee . . . . . . . . . . . . $150.00
(b) Installation fee for each business

sign . . . . . . . . . . . .

$115.00
(2) Manufacturing and installation charge for department manufactured business signs.
(a) Interstate and noninterstate freeways and expressways.
(i) GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD-lettered business sign to be installed on a motorist information sign panel . . . . . . . . . . . . $230.00
(ii) GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD-lettered business sign, without mileage message, to be installed on a supplemental directional panel . . . . . . . . . . . . $130.00
(iii) GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD-lettered business sign, with mileage message, to be installed on a supplemental directional panel . . . . . . . . . . . . $135.00
(b) Noninterstate highways that are conventional roads.
(i) GAS, FOOD, LODGING, RECREATION, or TOD-lettered business sign, without mileage message, to be installed on a motorist information sign panel . . . . . . . . . . . . $150.00
(ii) GAS, FOOD, LODGING, RECREATION, or TOD-lettered business sign, with mileage message, to be installed on a motorist information sign panel . . . . . . . . . . . . $160.00
(3) The annual maintenance fee charged to each business for motorist information sign panels is:
(a) Businesses signed at interchanges . . . . . . . . . . . . $100.00
(b) Businesses signed at intersections . . . . . . . . . . . . $ 35.00

(4) The implementation date of WAC 468-70-080(3) is January 1, 2001.

[Statutory Authority: Chapter 47.42 RCW. 87-01-054 (Order 106), 468-70-080, filed 12/16/86; 85-17-012 (Order 96), 468-70-080, filed 8/12/85. Statutory Authority: RCW 47.42.060. 85-03-031 (Order 94), 468-70-080, filed 1/10/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-70-080, filed 12/20/78. Formerly WAC 252-42-070.]


AMENDATORY SECTION(Amending Order 106, filed 12/16/86)

WAC 468-70-085
Maintenance replacement of pictorial business signs manufactured by the department prior to January 1, 1987.

(1) For business signs composed of nonstandard colors, nonstandard letters, or pictorial symbols or trademarks which were manufactured by the department prior to January 1, 1987, the department will manufacture and install only the first maintenance replacement of these signs that is required after January 1, 1987. Up to the time of replacement, the annual maintenance fee charged for each business sign shall be:


(a) Interstate((, primary, and scenic)) and noninterstate freeways and expressways.
(i) "GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD" pictorial business sign on a ((specific)) motorist information sign panel . . . . . . . . . . . . $95.00
(ii) "GAS, FOOD, LODGING, CAMPING/RECREATION, or TOD" pictorial business sign on a supplemental direction panel . . . . . . . . . . . . $30.00
(b) ((Primary or scenic)) Noninterstate highways that are conventional roads((.)): "GAS, FOOD, LODGING, RECREATION, or TOD" pictorial business sign on a ((specific)) motorist information sign panel . . . . . . . . . . . . $50.00

After this one maintenance replacement by the department, the business owner will be responsible for subsequent business sign maintenance replacement and the annual ((permit renewal fees and)) motorist information sign panel fees maintenance ((and replacement procedures for business-supplied signs,)) as prescribed in WAC 468-70-070(9)((, will be followed)).

(2) Businesses utilizing business signs composed of nonstandard colors, nonstandard letters, or pictorial symbols or trademarks which were manufactured by the department prior to January 1, 1987, may choose to provide their own maintenance replacement business signs in accordance with the procedures in WAC 468-70-070(9) in lieu of the procedures described in subsection (1) of this section. The department shall notify each business of this choice by certified mail. The businesses shall be provided thirty days to respond. If no response is received, the annual maintenance fee procedure will continue; however, the business may choose, in writing at a later date, to stop paying the maintenance fee and provide their own replacement business signs. The department will not refund previously paid maintenance fees to businesses choosing the option of providing their own replacement business signs.

[Statutory Authority: Chapter 47.42 RCW. 87-01-054 (Order 106), 468-70-085, filed 12/16/86.]

Washington State Code Reviser's Office