Section 252.307 - Permit; fees; expiration; renewal; exception; effect of nonpayment; excess amount to be credited against future renewal fees; transfer fee.

HIGHWAY ADVERTISING ACT OF 1972 (EXCERPT)
Act 106 of 1972

252.307 Permit; fees; expiration; renewal; exception; effect of nonpayment; excess amount to be credited against future renewal fees; transfer fee.

Sec. 7.

(1) A permit fee is payable annually in advance, to be credited to the state trunk line fund. The fee is $100.00 for the first year except that signs in existence prior to a highway's change in designation or jurisdiction which would require signs to be permitted shall only be required to pay the permit renewal amount as provided in subsection (2). The department shall establish an annual expiration date for each permit and may change the expiration date of existing permits to spread the permit renewal activity over the year. Permit fees may be prorated the first year. An application for the renewal of a permit shall be filed with the department at least 30 days before the expiration date.

(2) For signs up to and including 300 square feet, the annual permit renewal fee is $50.00. For signs greater than 300 square feet, the annual permit renewal fee is $80.00. Signs of the service club and religious category are not subject to an annual renewal fee.

(3) The annual renewal fee for each permit shall increase by an additional $20.00 if the fee is not paid at least 30 days before the expiration date of the permit. If the annual renewal fee is not paid as required under this section, the department shall send notice of nonpayment by certified mail to the permit holder's address on file not more than 30 days after the permit expiration date. If the annual renewal fee for any permit is not paid within 60 days after the permit expiration date, the department may cancel the permit without taking further administrative action unless an administrative hearing is requested by the permit holder within 60 days of the permit expiration date.

(4) Notwithstanding subsection (3), for permits having the same expiration date, the maximum amount of increased annual renewal fees for late payments that may be assessed by the department under this section against 1 permit holder is $10,000.00.

(5) If the department has collected penalties from a permit holder under this section during the period beginning January 1, 2007 and ending on the date of the amendatory act that added this subsection and the total amount collected from that permit holder during that period exceeds $10,000.00, the excess amount for that period shall be credited against future renewal fees of the permit holder.

(6) The department shall require a transfer fee when a request is made to transfer existing permits to a new sign owner. Except as otherwise provided in this subsection, the transfer fee shall be $100.00 for each permit that is requested to be transferred, up to a maximum of $500.00 for a request that identifies 5 or more permits to be transferred. If the department incurs additional costs directly attributable to special and unique circumstances associated with the requested transfer, the department may assess a transfer fee greater than the maximums identified in this subsection to recover those costs incurred by the department.


History: 1972, Act 106, Imd. Eff. Mar. 31, 1972 ;-- Am. 1976, Act 265, Imd. Eff. Oct. 1, 1976 ;-- Am. 1998, Act 533, Eff. Mar. 23, 1999 ;-- Am. 2006, Act 448, Eff. Jan. 1, 2007 ;-- Am. 2009, Act 86, Imd. Eff. Sept. 3, 2009