WSR 04-09-024

EMERGENCY RULES

DEPARTMENT OF TRANSPORTATION


[ Filed April 12, 2004, 4:16 p.m. ]

Date of Adoption: April 12, 2004.

Purpose: Create annual fees and sign installation fees to allow the Department of Transportation to restart operation of the motorist information sign (MIS) program. The annual fees were authorized by authority granted to the department in section 218 of ESHB 2474, the Transportation Supplemental Budget Bill; chapter 229, Laws of 2004, PV. The revisions comply with the maximum fee limits also set forth in section 218.

Citation of Existing Rules Affected by this Order: Amending WAC 468-70-020 and 468-70-070.

Statutory Authority for Adoption: Section 218 of ESHB 2474, the Transportation Supplemental Budget Bill; chapter 229, Laws of 2004, PV.

Other Authority: RCW 47.36.310 and 47.36.320.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The MIS program has been operating in a limited manner since May of 2002. Few businesses have been able to join the program and little day-to-day maintenance of the logos signs and back panels has occurred. Recent legislation directs the department to raise fees, resume the program, and recover all costs associated [with] the program. By instituting the new fees the department can resume the MIS program and begin servicing businesses prior to in time for the busy summer travel season.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

April 12, 2004

John F. Conrad

Assistant Secretary

OTS-7106.3


AMENDATORY SECTION(Amending Order 196, filed 12/22/99, effective 1/22/00)

WAC 468-70-020   Definitions.   When used in these regulations the term:

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

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

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

(4) "Fee zone" means:

(a) Fee zone 1, freeways and expressways with average daily trips greater than eighty thousand;

(b) Fee zone 2, freeways and expressways with average daily trips less than eighty thousand;

(c) Fee zone 3, conventional highways.

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

(((5))) (6) "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))) (7) "Motorist service activity" shall mean a business furnishing gas, food, lodging, camping, recreation and tourist-oriented services.

(((7))) (8) "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.

(((8) "Supplemental directional panel" shall mean a motorist 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.

(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.

(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.

(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.

(12) "Tourist-oriented directional (TOD) sign" means a sign on a motorist information sign panel on the state highway system to provide directional information to a qualified tourist-oriented business, service, or activity.)) (9) "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.

(10) "Supplemental directional panel" shall mean a motorist 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.

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

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

(13) "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.

[Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 00-01-184 (Order 196), 468-70-020, filed 12/22/99, effective 1/22/00. 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 WSR 03-20-082, filed 9/30/03, effective 10/31/03)

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 regional office in care of the 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, 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 47.36.310, 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) 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.

(7) ((Fabrication and installation of business signs:

(a))) Once an application is approved, the department will request the business to provide ((the)) its business signs for installation. ((Such)) Business signs shall be built to the department's specifications prescribed by WAC 468-70-060. ((Prior to installation the business shall agree to reimburse the department for the actual installation costs.

(b) The reimbursable business sign installation fees referenced in (a) of this subsection may vary from sign site to sign site.))

(8) Business sign replacement and motorist information sign panel maintenance ((and replacement)) fee:

(a) Maintenance replacement business signs shall be provided by the business, when requested by the department to replace weather worn business signs. ((The department will install the replacement business sign after the business agrees to reimburse the department for the actual installation costs as described in subsection (7) of this section.)) A business at its own request may also provide replacement business signs for installation. In either case, the installation fee is one hundred fifteen dollars per sign.

(b) The annual ((maintenance replacement)) fee charged to each business for motorist information sign ((back)) panels is ((one hundred dollars for businesses signed at interchanges and thirty-five dollars for businesses signed at intersections.)):

(i) Nine hundred ten dollars for signs located in fee zone 1;

(ii) Six hundred eighty-three dollars for signs located in fee zone 2;

(iii) Three hundred sixty-four dollars for signs located in fee zone 3.

(c) The annual ((maintenance)) fee((s)) 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)) fee((s)) 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 motorist information sign panels.

(9) 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.

(10) 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 exceeds the height requirements set forth in 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 motorist service activity must meet the requirements of any other applying motorist service activity.

[Statutory Authority: RCW 47.36.325 and the 2002 supplemental appropriation bill. 03-20-082, 468-70-070, filed 9/30/03, effective 10/31/03. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 00-01-184 (Order 196), 468-70-070, filed 12/22/99, effective 1/22/00. 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.]

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