Preproposal statement of inquiry was filed as WSR 04-09-025.
Title of Rule and Other Identifying Information: Setting motorist information sign (MIS) program fees. The purpose of the proposed rule is to increase the annual fee charged to businesses participating in the MIS program. The fees are being increased in order to make the MIS program self-supporting as directed by ESHB 2474, section 218, chapter 229, Laws of 2003. A $115 fee for changing existing logo signs is being reinstated. The fees are designed to recover the departments yearly MIS program costs.
Hearing Location(s): Large Commission Board Room, Washington State Department of Transportation Building, 310 Maple Park Avenue S.E., Olympia, WA, on July 28, 2004, at 8:00 a.m.
Date of Intended Adoption: July 28, 2004.
Submit Written Comments to: Mike Dornfeld, Washington State Department of Transportation, P.O. Box 47394, Olympia, WA 98504-7394, e-mail firstname.lastname@example.org, fax (360) 705-6826, by July 26, 2004.
Assistance for Persons with Disabilities: Contact Mike Dornfeld by July 26, 2004.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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 logo signs and back panels has occurred. Legislation passed in the 2004 session directs the department to resume the program and raise fees to recover all costs associated with the program. The proposed rule making increases the annual fee charged to businesses displaying logo signs. The fee increase allows the department to recoup yearly MIS program costs. The rule making also clarifies language regarding the procurement and replacement of logo signs. It also eliminates language regarding Washington State Department of Transportation made logo signs.
Reasons Supporting Proposal: The proposed rule making allows the department to resume operating the MIS program and recover yearly operating costs. By restarting the MIS program, the department will be able to install logo signs for businesses waiting to join the program and maintain existing logo signs and back panels.
Statutory Authority for Adoption: RCW 47.36.310 and 47.36.320.
Statute Being Implemented: ESHB 2474, section 218, chapter 229, Laws of 2004, P.V.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Transportation, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Mike Dornfeld, WSDOT Traffic Operations, (360) 705-7288.
No small business economic impact statement has been prepared under chapter 19.85 RCW. While the rule increases the annual fee for participating in the MIS program, businesses may drop from the program if they do not want to pay it.
A cost-benefit analysis is not required under RCW 34.05.328. This rule changes fees pursuant to legislative direction.
June 7, 2004
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
(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.]
(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.
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
(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
(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.]
The following section of the Washington Administrative Code is repealed:
|WAC 468-70-085||Maintenance replacement of pictorial business signs manufactured by the department prior to January 1, 1987.|